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Home My WebLink About09-16-13 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AGENDA September 16, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM Workshop Session: 5:15 p.m. Regular Session: 6:30 p.m. Page 2 of 4 Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE SEPTEMBER 16, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. DISCUSSION ITEMS a. Balance scorecard strategy mapping review. (60 min) b. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (10 min) 5. COUNCIL RECAP / STAFF DIRECTION 6. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the August 26, 2013, meeting. b. Consider approval of Ordinance 709, Amending Chapter 26, Community Development, Article II Unified Development Code, Division 2 Authority; Administrative Procedures, Sec. 26-67(A), Planning and Zoning Commission; Providing for the addition of an “Second Alternate Member” of the Planning and Zoning Commission. c. Consider approval of Resolution 13-26, Appointing a new member and Alternate 1 and 2 members to the Planning and Zoning Commission. d. Consider approval of Ordinance 710, Amending Chapter 2, Administration, Article IV Records Management. Page 3 of 4 e. Consider approval of Ordinance 711, Amending Chapter 18 Adopting 2012 Editions of the International Building Code (IBC), International Residential Code (IRC), International Energy Conservation Code (IECC), International Fuel Gas Code (IFGC), International Mechanical Code (IMC), International Plumbing Code (IPC), and the 2011 Edition of the National Electrical Code (NEC), along with amendments for each code. f. Consider approval of Ordinance 712, Adopting Fiscal Year 2013-2018 Capital Improvement Plan. g. Consider approval of Ordinance 713, Adopting a Town Limit Boundary map. 4. CONSIDER APPROVAL OF RESOLUTION 13-27, REGARDING THE MARRIOTT SOLANA INCENTIVE AGREEMENT. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 714, REVISING THE BUDGET FOR THE 2012-2013 FISCAL YEAR; ADOPTING THE BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 INCLUDING INVESTMENT POLICY, FISCAL AND BUDGETARY POLICIES, COMMITTED AND ASSIGNED FUND BALANCES; PROVIDING AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000. 6. CONSIDERATION AND DISCUSSION OF ORDINANCE 715, LEVYING TAXES TO BE ASSESSED ON ALL TAXABLE PROPERTIES WITHIN THE TOWN LIMITS OF THE TOWN OF WESTLAKE FOR THE TAX YEAR 2013 (FISCAL YEAR 2013-2014). 7. CONSIDERATION AND DISCUSSION OF RESOLUTION 13-28, APPOINTING MEMBERS TO THE COMPREHENSIVE PLANNING STEERING COMMITTEE. 8. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the Page 4 of 4 following: Texas Student Housing vs. Brazos County Appraisal District and Appraisal Review Board for Brazos County Appraisal District 9. RECONVENE MEETING 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 11. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priori ties, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 12. COUNCIL CALENDAR 13. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, September 11, 2013, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the August 26, 2013, meeting. b. Consider approval of Ordinance 709, Amending Chapter 26, Community Development, Article II Unified Development Code, Division 2 Authority; Administrative Procedures, Sec. 26-67(A), Planning and Zoning Commission; Providing for the addition of an “Second Alternate Member” of the Planning and Zoning Commission. c. Consider approval of Resolution 13-26, Appointing a new member and Alternate 1 and 2 members to the Planning and Zoning Commission. d. Consider approval of Ordinance 710, Amending Chapter 2, Administration, Article IV Records Management. e. Consider approval of Ordinance 711, Amending Chapter 18 Adopting 2012 Editions of the International Building Code (IBC), International Residential Code (IRC), International Energy Conservation Code (IECC), International Fuel Gas Code (IFGC), International Mechanical Code (IMC), International Plumbing Code (IPC), and the 2011 Edition of the National Electrical Code (NEC), along with amendments for each code. f. Consider approval of Ordinance 712, Adopting Fiscal Year 2013-2018 Capital Improvement Plan. g. Consider approval of Ordinance 713, Adopting a Town Limit Boundary map. Town of Westlake Item # 3 – Review of Consent Agenda Items DISCUSSION ITEMS a. Balance scorecard strategy mapping review. (60 min) b. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (10 min) Town of Westlake Item # 4 – Discussion Items Page 1 of 4 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Presentation and Discussion of the Theme Team Strategy Maps STAFF CONTACT: Amanda DeGan, Assistant Town Manager DECISION POINTS Start Date Completion Date Timeframe: May 31, 2013 May 31, 2014 Funding: Amount - $9,000 Status- Funded Source - General Fund Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 4 EXECUTIVE SUMMARY On May 31, 2013, the Council met with our consultant, Gail Perry from the Balanced Scorecard Institute, to review the strategic framework, along with our mission, vision, and values statements. The balanced scorecard system is designed to communicate our strategy throughout the organization/community, align our daily work activities to the overall vision, serve as the fr amework for prioritizing services, and utilize performance measures to evaluate our successes and opportunities. The impetus for our discussion began when staff identified the existing need to update our current balanced scorecard system, the Strategic Issues Focused Governance System (SIGS). It was determined that the use of a consultant and the expansion of our discussions to include the Council in the initial planning processes would be the most effective plan. Upon review of the existing mission and vision statements, the Council provided the staff with feedback and asked that we draft an updated version for review. Staff reviewed the previous version and created a more succinct, statement that identifies our unique service provision programs, describes our commitment to personal customer service, and outlines the financial stewardship component which is important to our community. During the discussions, the group also created a ‘tag line’ from the larger mission statement that would be easy to recall and serve as a consistent reminder of our commitment to service excellence. Proposed Mission Statement: To provide the residents and businesses of Westlake with both municipal and educational services with the highest level of personalized service, while ensuring that we are accessible, efficient, cost-effective, and transparent. Tag Line: “Providing elite services for an exceptional quality of life.” The vision statement still needs additional review by the Council with our previous mission/vision statements shown below: Existing Vision Statement: Westlake is an oasis of tranquility and natural beauty amidst an ever expanding urban landscape. Previous Mission Statement: Westlake is a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. The value statements were updated as follows: • Innovation • Educational Leaders • Family Friendly and Welcoming • Informed Engaged Citizens / Sense of Community • Preservation of Our Natural Beauty • Strong Aesthetic Standards • Transparent / Integrity-driven Government • Fiscal Responsibility • Planned / Responsible Development Page 3 of 4 A balanced scorecard is also divided into four unique perspectives that help our organization focus on the strategy that has been aligned to the vision and mission for our community. At our off-site meeting, Ms. Perry explained the four perspectives of the plan, which the Council customized (updated) as: • Citizens, Students, and Stakeholders (viewed through the eyes of our customers and stakeholders) • Financial Stewardship (performance, effective use of resources) • Municipal & Academic Operations (focuses on processes that create value for the customers and stakeholders) • People, Facilities, & Technologies (involves, KSA’s, wo rk culture, innovation, leadership, governance, tools and technologies necessary to provide services, etc.) The Council also grouped the staff identified SWOT analysis information along with the major components of our previous strategic plan and then ranked the importance of the concepts according to each area of concern. The final activity involved the formation of our “strategic themes” for the municipal services. If you will recall, the Council team took these items (which were written on colorful post-it -notes) from the SWOT and our discussion topics from the afternoon and ‘affinity grouped’ them according to like concepts and services. The themes are listed below long with a synopsis of the grouped topics that were written on the large post -it notes. • Natural Oasis One-of-a-kind community; pastoral; high quality of life; family friendly and welcoming; maintain our small town feel; retreat/escape; open view spaces & trails, etc. • High Quality Planning, Planned/responsible development; thoughtful approach; Design, and Development high standards; high quality/livability; entitlements, etc. • Westlake Academy Exemplary education; quality school with accessible administrators; academy staff turn-over; funding, etc. • Exemplary Service Fiscal responsibility; low property tax rate; transparency; and Governance integrity; accessibility; service excellence, etc. As a result of input from the Council, the staff met with Gail for a two-day retreat to build the draft strategy maps for each theme, identify a strategic result, populate the maps with strategic objectives and create an objective commentary document. The entire staff team members were divided into the four themes and worked with Gail closely over the two days to identify objectives that supported the desired strategic result and fill in the data behind the map with the objective commentary. All of this will set the framework for a comprehensive Tier One map for the municipal program of services and representatives from each team will be on hand at the workshop to explain the concepts and objectives contained within each theme. Page 4 of 4 ORGANIZATIONAL HISTORY/RECOMMENDATION Review of draft mission statement and tag line; Future review of vision statements at the Council’s direction; Dis cussion of draft themed strategy maps; and Provide staff with feedback to update maps and move forward with consolidation into one organizational wide map. ATTACHMENTS - Pillars – Theme Headings from May 31, 2013 discussion. - Draft Strategy Maps for the themes of Natural Oasis; High Quality Planning, Design, and Development; Westlake Academy; Exemplary Service and Governance - Definitions of relevant terms Theme Headings and Affinity Grouping Natural Oasis • Versatile – meets the needs of different types (golfers, retirees, etc.) • High quality of life • Preservation of Natural Beauty • Island Imagery • Aesthetic Appeal • Pastoral • Low Density / Low Population • One-of-a-kind (unique) • Innovation • Impact a strong quality of life • Family Friendly & Welcoming • Informed Citizens & Sense of Community • Caring Community (informed residents, small town charm…) • Easy access to airport / city • Maintain small town feel • Escape / retreat from day-to-day • Open view spaces & trails • Natural beauty • Beautiful oasis • Sense of place (distinctive neighborhoods, architecturally vibrant corporate campuses…) High Quality Planning & Development • Planned / responsible development • Thoughtful approach to development • High development standards • Entitlements & Zoning • Complete the master planning process • Strong aesthetic standards • High desirability & Land values • High quality / livability • High quality aesthetics / visual appearance of developments Westlake Academy • Quality school with accessible administrators • Exemplary education • Funding of Westlake Academy • Educational Leaders • Academy staff turnover • Academic services – charter school Exemplary Service & Governance • Limited pool for civic leadership • Fiscal responsibility • Transparent government • Low property tax rate • Effective communication • Stakeholders need different modes of communication • Vulnerable to changes • Exemplary governance (town officials exhibit respect, stewardship…) • Leadership (Premier place to live, leadership, public education…) • Integrity • Municipal services • Professional accessible & reliable staff • Highest level of personalized services • High quality service • Service excellence (public service that is responsive & professional…) • Accessibility • Accessibility to services & staff • Staff (knowledge, innovation) Identified after affinity grouping • Continue recognition for budget preparations • All boards & commissions will have no vacancies • All citizens have ready access to important information relevant to important decisions • Delivery of town services will be widely recognized as exemplary. • Town will continue to participate on BSC process & report on it regularly • Comprehensive plan will be current & maintained Natural Oasis Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Increase Employee Education Enhance Tax Base Improve Urban Planning Capacity Improve Community’s Environmental Stewardship & Awareness Encourage Development that Promotes Westlake Unique Sense of Place Preserve & Maintain Quality of Life Client Logo High Quality Planning, Design & Development Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Recruit & Retain the Highest Quality Workforce Increase Financial Capacity / Reserves & Revenue Streams Enhance Technology & Resources Maximize Efficiencies & Quality thru Innovation Increase Communication & Understanding of Standards to Community Client Logo Increase Awareness of Existing Ordinances, Standards & Quality for Staff Preserve Desirability & Improve CSS Satisfaction Exemplary Education – Westlake Academy Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Improve Knowledge Skills & Abilities of WA Staff Increase Access to Funding Improve Stakeholder Satisfaction Increase Teacher Satisfaction Improve Communications Strengthen Student Performance Optimize Student Potential Client Logo Improve Recruitment Increase Student Competiveness (College) Improve School Image Exemplary Service & Governance Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Improve Technology, Facilities & Equipment Improve Fiscal Responsibility Increase CSS Engagement Improve Knowledge & Skills Increase Accessibility of Government Improve Service Delivery Increase CSS Satisfaction Client Logo Definition of Terms Mission - Defines why an organization exists. Perspective - is a view of an organization from a specific vantage point. Four basic perspectives are used to encompass an organization’s activities. Strategic Initiative – are programs or projects that turn strategy into operational terms and actionable items, provide an analytical underpinning for decisions, and provide a structured way to prioritize projects according to strategic impact. They answer the question “What projects must we implement to meet our objectives?” Strategic Objective - are strategy components; continuous improvement activities that must be done to be successful; They are the building block of strategy and define the organization's strategic intent. Strategic Objective Commentary - Captures the main essence of the team’s discussions about strategy and strategic objectives. It addresses that the objective means, what it includes and does not include or why it was selected over other options. It includes a basic description, the intended result of the objective, candidate performance measures, and candidate strategic initiatives. Strategic Result – are the desired outcome for the main focus areas of the business. Each Strategic Theme has a corresponding Strategic Result. Strategy Map – displays the cause-effect relationships among the objectives that make up a strategy. A good map tells a story of how value is created for the organization. Vision – a statement of an organization’s picture of future success; where it wants to be in the future. Standing agenda item during the construction project b. Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (10 min) Town of Westlake Item # 4 – No Supporting documentation COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #5 Council Recap / Staff Direction Town of Westlake Item # 6 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions a. Consider approval of the minutes from the August 26, 2013, meeting. b. Consider approval of Ordinance 709, Amending Chapter 26, Community Development, Article II Unified Development Code, Division 2 Authority; Administrative Procedures, Sec. 26-67(A), Planning and Zoning Commission; Providing for the addition of an “Second Alternate Member” of the Planning and Zoning Commission. c. Consider approval of Resolution 13-26, Appointing a new member and Alternate 1 and 2 members to the Planning and Zoning Commission. d. Consider approval of Ordinance 710, Amending Chapter 2, Administration, Article IV Records Management. e. Consider approval of Ordinance 711, Amending Chapter 18 Adopting 2012 Editions of the International Building Code (IBC), International Residential Code (IRC), International Energy Conservation Code (IECC), International Fuel Gas Code (IFGC), International Mechanical Code (IMC), International Plumbing Code (IPC), and the 2011 Edition of the National Electrical Code (NEC), along with amendments for each code. f. Consider approval of Ordinance 712, Adopting Fiscal Year 2013-2018 Capital Improvement Plan. g. Consider approval of Ordinance 713, Adopting a Town Limit Boundary map. Town of Westlake Item # 3 – Discussion of Consent items Town Council Minutes 08/26/13 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 26, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon, Wayne Stoltenberg and Rick Rennhack. ABSENT: Council Member Clif Cox OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Director Debbie Piper, Assistant to the Town Manager Ben Nibarger, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief Richard Whitten, Director of Public Works Jarrod Greenwood, Communications & Community Affairs Director Ginger Awtry, Public Works Director Jarrod Greenwood, Information Technology Director Jason Power, Human Resources and Administration Services Director Todd Wood and Special Projects Coordinator, John Zagurski. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:32 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE AUGUST 26, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 08/26/13 Page 2 of 7 3. REPORTS a. Staff Action item 12.3: inventory and identify availability of recommended Emergency Operations Center components. 4. DISCUSSION ITEMS a. Presentation and discussion of DirectionFinders 2013 Citizens’ Survey Final Report. Mr. Chris Tatham, ETC Institute, provided a presentation and overview of the survey results. Discussion ensued regarding the value of city tax dollars, overall priority of Public Safety services and improving dialog regarding zoning discussions. b. Presentation and discussion of RFP for Comprehensive Plan Update services. Town Manager Brymer provided an overview of the request for proposal process Staff followed to select a Planning firm. Mr. Robin McCaffrey, Mesa Planning, provided a presentation and overview of proposed planning services. Discussion ensued regarding interactions with other municipalities during review of the Highway 114 corridor, incorporating regional transportation plans, public participation workshops, and the value of the plan. c. Continued discussion of the FY 2013/2014 Municipal Services Budget. Finance Director Piper provided an overview and presentation regarding additional revisions to the proposed budget. d. Continued discussion, from the June 17, 2013 meeting, of applications for annual board and commission appointments. Discussion ensued regarding current applicants, meeting with the Historical Preservation Society, the nominating and recruiting process and amending the Planning and Zoning Commission ordinance to allow for 2 alternates members. Mayor recessed the workshop at 7:35 p.m., to convene the regular meeting. Town Council Minutes 08/26/13 Page 3 of 7 e. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections (Amendment to Steele & Freeman original contract for Phase I – Parts A & B). 5. EXECUTIVE SESSION The Council did not convened into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Mayor Wheat adjourned the workshop at 7:42 p.m. Regular Session 1. CALL TO ORDER Mayor convened the meeting at 7:35 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS Town Council Minutes 08/26/13 Page 4 of 7 Mary Jean, Atmos, contributed approximately $1200 for the Fire and EMS training videos which will also assist with public educational training. David Brod, Deloitte University, contributed approximately $10,000 to purchase a live fire extinguisher training system. 3. CONSENT AGENDA a. Consider approval of the minutes from the June 17, 2013, meeting. b. Consider approval of the minutes from the August 9, 2013, meeting. c. Consider approval of Resolution 13-22A, Appointing and Reappointing Affiliate Board Members. d. Consider approval of Resolution 13-23A, Approving a renewal of the Keller Police services contract e. Consider approval of Ordinance 707 – Amending the Town of Westlake Code Of Ordinances, Chapter 26, Community Development, Section 26-68; To allow the Mayor to Sit as an Alternate Member of the Zoning Board of Adjustments f. Consider approval of Ordinance 708 – Adding an Ordinance to Implement and Enforce the Texas State Rule on Locally Enforced Motor Vehicle Idling Limitations and to Approve a Memorandum of Agreement with the Texas Commission on Environmental Quality to Enforce this Rule Locally MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat closed the workshop at 7:42 p.m., and recessed the meeting regular meeting at 7:45 p.m. The Council convened into Executive Session at 8:00 p.m., pursuant to Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion Mayor Wheat reconvened the regular session at 8:15 p.m. Town Council Minutes 08/26/13 Page 5 of 7 4. CONSIDER APPROVAL OF RESOLUTION 13-24A AMENDING THE ORIGINAL CONTRACT WITH STEELE & FREEMAN, INC., APPROVED ON JUNE 17, 2013, FOR CONSTRUCTION MANAGER AT-RISK SERVICES ESTABLISHING A GUARANTEED MAXIMUM PRICE (GMP) OF $8,578,694, WHICH INCLUDES AN AMENDMENT TO PART A AND ADDING PART B TO PHASE ONE OF THE WESTLAKE ACADEMY CAMPUS EXPANSION PROJECT AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. Assistant to the Town Manager Nibarger provide a presentation and overview of the propose construction and cost. MOTION: Council Member Rennhack made a motion to approve Resolution 13-24A establishing a GMP price of $8,542,930.00. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 5. CONSIDER APPROVAL OF RESOLUTION 13-25A, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH MESA PLANNING FOR THE TOWN’S COMPREHENSIVE PLAN REVIEW AND UPDATE. Town Manager Brymer provided an overview of the proposal and selection process. Discussion ensued regarding the opportunities for public involvement in the process and the firm’s experience. MOTION: Council Member Stoltenberg made a motion to approve Resolution 13-25A. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat then ask for a motion regarding discussion pursuant to 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion MOTION: Council Member Barrett to approve the settlement with Benner Bennett and Pettit subject to review to a final review and approval of the Town Manager and Town Attorney. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 08/26/13 Page 6 of 7 6. EXECUTIVE SESSION The Council convened into executive session at 8:37 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:31 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS - None 10. COUNCIL CALENDAR Town Council Minutes 08/26/13 Page 7 of 7 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:32 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 16, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Amending the Code of Ordinances to add a Second Alternate Member to the Planning and Zoning Commission. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: September 16, 2013 September 16, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Approve an amendment to the Code of Ordinances, adding a second alternate member to the Planning and Zoning Commission. Due to commissioners travel habits, and their occasional need to abstain from a hearing, it is recommended that we add a second alternate member to avoid potential postponements of meetings due to lack of a quorum. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS Ordinance XXX Ordinance 709 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 709 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 26, COMMUNITY DEVELOPMENT, ARTICLE II UNIFIED DEVELOPMENT CODE, DIVISION 2 AUTHORITY; ADMINISTRATIVE PROCEDURES, SEC. 26-67(A), PLANNING AND ZONING COMMISSION; PROVIDING FOR THE ADDITION OF AN “SECOND ALTERNATE MEMBER” OF THE PLANNING AND ZONING COMMISSION: PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake currently has five members on the Planning and Zoning Commission, and WHEREAS, the Town Council finds that in order to maintain predictable development scheduling, it is important that Planning and Zoning meetings not be rescheduled due to a lack of quorum; and WHEREAS, the Town Council finds that the addition of an “alternate member” to the Planning and Zoning Commission would reduce the possibility of meetings needing to be rescheduled due to the lack of a quorum; and WHEREAS, upon the recommendation of the Planning and Development Department, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “A”) to the Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That Chapter 26, “Community Development” Article II “Unified Development Code” Division 2 Authority; Administrative Procedures, Sections 26-67 of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: Sec. 26-67. - Planning and zoning commission. Ordinance 709 Page 2 of 3 (a) Creation and membership. There is hereby created a planning and zoning commission for the town consisting of five regular members, each to be appointed by the Town Council for a term of two years and removable for cause. The terms of three members shall expire in odd-numbered years, and the terms of two members shall expire in even-numbered years. Each member shall continue to serve until their successors are appointed and qualified. In addition to the five regular members, two alternate members, First Alternate and Second Alternate, shall be appointed by the Town Council for terms of two years. The alternate members shall only vote in the absence of a regular member(s) or in place of a regular member(s) that has abstained. Priority shall be given to the first alternate. (b) Powers and duties. The planning and zoning commission shall have the following powers and duties: (1) To serve as an advisory body to the Town Council concerning adoption of or amendments to the zoning regulations and zoning map and to make recommendations thereon; (2) To advise the council and make recommendations concerning adoption of, or amendments to the town's Comprehensive Plan, Thoroughfare Plan, and Open Space Plan and implementation thereof; (3) To oversee the town's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the board on matters pertaining to public improvements, traffic, utility extensions and the provision of public facilities and services, in order to implement the town's Comprehensive Plan; (4) To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance; (5) To approve certain matters relating to platting and recording of subdivisions as dictated by the town's ordinances and the UDC; (6) To select a planning and zoning commission chair; (7) To call public hearings to initiate zoning changes. SECTION 3: That all provisions of the Westlake Code of Ordinances not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 709 Page 3 of 3 SECTION 6: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 16TH DAY OF SEPTEMBER, 2013. __________________________________ Laura Wheat, Mayor ATTEST: ___________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Resolution to appoint a Second Alternate Member to the Planning and Zoning Commission. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: September 16, 2013 September 16, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Having recently approved an amendment to the Code of Ordinances, adding a second alternate member to the Planning and Zoning Commission, it is necessary to officially appoint a citizen to fill the position. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval of this resolution. ATTACHMENTS Resolution Resolution 13-26 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-26 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A NEW MEMBER AND SECOND ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION. WHEREAS, The Town of Westlake recently amended the Code of Ordinances to create a new position, Second Alternate Member, of the Planning and Zoning Commission; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as the Second Alternate member of the Planning and Zoning Commission for the term noted below: New member: Alesa Belvedere - term expiring June 2014 Second Alternate Member: Ryan Gr oce - term expiring September 2015. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted t his Resolution without the invalid provision. Resolution 13-26 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 16th DAY OF SEPTEMBER, 2013. ___________________________________ Laura Wheat, Mayor ______________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Continued from the meeting on June 17, 2013 Monday, September 16, 2013 TOPIC: Consider approval of an Ordinance Amending Chapter 2 Administration, Article VI Records Management, Sections 2-201 through 2-209. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: 09/16/2013 09/16/2013 Funding: Amount - $0.00 Status- Funded Source- N/A N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes OP.Implement a Comprehensive Continuous Quality Improvement Process Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Council adopted Ordinance 190 fulfilling certain requirements of the Local Government Records Act of 1989, designating a Records Management Officer. As the municipality has grown each department is responsible for the maintenance of records generated by their respective departments. This amendment approves the current process of records management within departments and removes the Council authorization prior to the destruction of records that have met the retention requirements. With the implementation of Laserfiche, Records Management software, Staff is moving toward maintaining the majority of records electronically. Laserfiche uses the State retention requirements and audit functions to ensure electronic records are deleted as the requirements are met. Removing the prior authorization will streamline the agenda and allow departments to delete records (paper and electronic) as they meet the r etention periods. The Town Secretary’s office will generate and review the audit report prior to the destruction of any records to ensure compliance with state retention requirements, pending open records request and litigation. ORGANIZATIONAL HISTORY/RECOMMENDATION The Town Secretary’s office recommends approval of this ordinance. ATTACHMENTS Ordinance Chapter 2 Administration ARTICLE VI. RECORDS MANAGEMENT Sec. 2-201. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Department head. Means the officer who by ordinance, or administrative policy is in charge of an office of the municipality that creates or receives records. Director and librarian means the executive and administrative officer of the Texas State Library and Archives Commission. Essential record means any record of the town necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state. Municipal record means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: (1) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the town; (2) Notes, journals, diaries, and similar documents, created by an officer or employee of the town for the officer's or employee's personal convenience; (3) Blank forms; (4) Stocks of publications; (5) Library and museum materials acquired solely for the purposes of reference or display; (6) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or other state law; or (7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by V.T.C.A., Government Code § 2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization. Permanent record means any record of the town for which the retention period on a records control schedule is given as permanent. Records control schedule means a document prepared by or under the authority of the records management officer listing the records maintained by the town, their retention periods, and other records disposition information that the records management program may require. Records management means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term "records management" includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. Records liaisons. Mean the persons designated under Section 2-208 of this article. Records management officer means the person designated in section 2-204. Records management plan means the plan developed under section 2-205. Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. (Ord. No. 190, §§ 1, 2(2)--(9), 10-10-1991) Sec. 2-202. Records declared public property. (a) Municipal records created or received in the transaction of official business or the creation or maintenance of which were paid for by public funds are declared to be public property and are subject to the provisions of this article and V.T.C.A., Government Code § 441.151 et seq. (b) A town officer or employee does not have, by virtue of the officer's or employee's position, any personal or property right to a municipal record even though the officer or employee developed or compiled it. (c) The unauthorized destruction, removal from files, or use of such records is prohibited. Sec. 2-203. Policy. It is hereby declared to be the policy of the town to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the Local Government Records Act (V.T.C.A., Local Government Sec. 2-204. Designation of records management officer. The town secretary, and the successive holders of such office, shall serve as records management officer for the town. As provided by state law, each successive holder of the office shall file his/her name with the director and librarian of the Texas State Library, within 30 days of the initial designation or of taking up the office, as applicable. Sec. 2-205. Records management plan to be developed; approval; authority. (a) The records management officer shall develop a records management plan for the town for submission to the Texas State Library and Archives Commission. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the records management officer to carry out his/her duties prescribed by state law and this article effectively. (b) The records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the town and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the town. Sec. 2-206. Duties of records management officer. In addition to other duties assigned in this article or by state law, the records management officer shall: (1) Administer the records management program and provide assistance to department heads in its implementation; (2) Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) In cooperation with department heads Iidentify essential records and establish a disaster plan to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; (4) Develop procedures to ensure the permanent preservation of the historically valuable records of the town; (5) Establish standards for filing and storage equipment and for recordkeeping supplies; (6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the town; (7) Provide records management advice and assistance to all municipal departments by preparation of manuals of procedure and policy and on-site consultation; (7)(8) Monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (8)(9) Disseminate to the board of aldermen town council and department heads information concerning state laws and administrative rules relating to local government records; (10) Instruct record liaisons and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) Instruct records liaisons and other personnel in the conduct of records inventories; (9) (12) Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the records of the town are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (10)(13) Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; (11) Report annually to the board of aldermen on the implementation of the records management plan, including summaries of the statistical and fiscal data compiled under subsection (10) of this section; and (12) (14) Bring to the attention of the board of aldermen Town Council noncompliance with the policies and procedures of the records management program or the Local Government Records Act. Sec. 2-207 Duties and Responsibilities of Department Heads. In addition to other duties assigned in this article, department heads shall: (1) cooperate with the records management officer in carrying out the policies and procedures established for the efficient and economical management of records and in carrying out the requirements of this article; (2) adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, electronic storage, destruction, or other disposition only in accordance with the policies and procedures of the records management program and the requirements of this article. Sec. 2-208 Designation of Records Liaisons. Each department head shall designate a member of his or her staff to serve as records liaison officer for the implementations of the records management program in the department. If the records management officer determines that in the best interests of the records management program more than one records liaison officer should be designated for a department, the department head shall designated the number of records liaison officers specified by the records management officer. Persons designated as records liaison officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the records maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records liaison officer, the department head shall promptly designated another person to fill the vacancy. A department head may serve as records liaison officer for his or her department. Sec. 2-209 Duties and Responsibilities of Records Liaisons. In addition to other duties assigned in the article, records liaisons shall: (1) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedule; (2) in cooperation with the records management officer coordinate and implement the policies and procedures of the records management program in their departments; and (3) disseminate information to department staff concerning the records management program. Sec. 2-207210. Records control schedules to be developed; approval; filing with state. (a) The records management officer shall prepare records control schedules listing all records series created or received and the retention period of each series. Records control schedules shall also contain such other information regarding the disposition of records as the records management plan or state law may require. (b) The records management officer shall review the records control schedules of the town and prepare amendments to the schedules as needed to reflect new records created or received by the town or revisions to retention periods established in a records retention schedule issued by the Texas State Library and Archives Commission. Amendments to records control schedules shall be filed with the director and librarian in the same manner as the original schedules. (c) The records management officer shall submit the records control schedules to the director and librarian, who must accept them for filing, as provided by state law, before their implementation. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. Sec. 2-208211. Implementation of records control schedules; destruction of records under schedule. (a) A records control schedule that has been approved and adopted under section 2- 207 shall be implemented according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or there is a request in writing to the records management officer that the record be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the board of aldermen. Sec. 2-209212. Destruction of unscheduled records. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request. Ordinance 710 Page 1 of 7 TOWN OF WESTLAKE ORDINANCE NO. 710 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI RECORDS MANAGEMENT, SECTIONS 2-201 THROUGH 2-209; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council adopted Ordinance 190 fulfilling certain requirements of the Local Government Records Act of 1989, designating a Records Management Officer, defining municipal records, duties and adopted retention schedules set forth by the Texas State Library and Archive Commissions; and WHEREAS, Ordinance 190 designated the Records Management Officer as the Town Secretary; and WHEREAS , municipal records are created by all departments and due to the increase of the amount of records created municipalities have designated Department Heads as Records Liaisons responsible for records created by their respective departments; and WHEREAS, upon the recommendation of the Town Secretary’s Office the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 2, Administration Article VI, Sections 2-201 through 2-209 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Chapter 2 Administration ARTICLE VI. RECORDS MANAGEMENT Sec. 2-201. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ordinance 710 Page 2 of 7 Department head. Means the officer who by ordinance, or administrative policy is in charge of an office of the municipality that creates or receives records. Director and librarian means the executive and administrative officer of the Texas State Library and Archives Commission. Essential record means any record of the town necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state. Municipal record means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: (1) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the town; (2) Notes, journals, diaries, and similar documents, created by an officer or employee of the town for the officer's or employee's personal convenience; (3) Blank forms; (4) Stocks of publications; (5) Library and museum materials acquired solely for the purposes of reference or display; (6) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or other state law; or (7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by V.T.C.A., Government Code § 2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization. Permanent record means any record of the town for which the retention period on a records control schedule is given as permanent. Records control schedule means a document prepared by or under the authority of the records management officer listing the records maintained by the town, their retention periods, and other records disposition information that the records management program may require. Records management means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term "records management" includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the Ordinance 710 Page 3 of 7 economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. Records liaisons. Mean the persons designated under Section 2-208 of this article. Records management officer means the person designated in section 2-204. Records management plan means the plan developed under section 2-205. Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. (Ord. No. 190, §§ 1, 2(2)--(9), 10-10-1991) Sec. 2-202. Records declared public property. (a) Municipal records created or received in the transaction of official business or the creation or maintenance of which were paid for by public funds are declared to be public property and are subject to the provisions of this article and V.T.C.A., Government Code § 441.151 et seq. (b) A town officer or employee does not have, by virtue of the officer's or employee's position, any personal or property right to a municipal record even though the officer or employee developed or compiled it. (c) The unauthorized destruction, removal from files, or use of such records is prohibited. Sec. 2-203. Policy. It is hereby declared to be the policy of the town to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the Local Government Records Act (V.T.C.A., Local Government Sec. 2-204. Designation of records management officer. The town secretary, and the successive holders of such office, shall serve as records management officer for the town. As provided by state law, each successive holder of the office shall file his/her name with the director and librarian of the Texas State Library, within 30 days of the initial designation or of taking up the office, as applicable. Sec. 2-205. Records management plan to be developed; approval; authority. (a) The records management officer shall develop a records management plan for the town for submission to the Texas State Library and Archives Commission. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency Ordinance 710 Page 4 of 7 of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the records management officer to carry out his/her duties prescribed by state law and this article effectively. (b) The records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the town and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the town. Sec. 2-206. Duties of records management officer. In addition to other duties assigned in this article or by state law, the records management officer shall: (1) Administer the records management program and provide assistance to department heads in its implementation; (2) Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) In cooperation with department heads identify essential records and establish a disaster plan to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; (4) Develop procedures to ensure the permanent preservation of the historically valuable records of the town; (5) Establish standards for filing and storage equipment and for recordkeeping supplies; (6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the town; (7) Provide records management advice and assistance to all municipal departments by preparation of manuals of procedure and policy and on-site consultation; (8) Monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (9) Disseminate to the town council and department heads information concerning state laws and administrative rules relating to local government records; (10) Instruct record liaisons and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) Instruct records liaisons and other personnel in the conduct of records inventories; (12) Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the records of the town are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records Ordinance 710 Page 5 of 7 microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; (14) Bring to the attention of the Town Council noncompliance with the policies and procedures of the records management program or the Local Government Records Act. Sec. 2-207 Duties and Responsibilities of Department Heads. In addition to other duties assigned in this article, department heads shall: (1) cooperate with the records management officer in carrying out the policies and procedures established for the efficient and economical management of records and in carrying out the requirements of this article; (2) adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, electronic storage, destruction, or other disposition only in accordance with the policies and procedures of the records management program and the requirements of this article. Sec. 2-208 Designation of Records Liaisons. Each department head shall designate a member of his or her staff to serve as records liaison offic er for the implementations of the records management program in the department. If the records management officer determines that in the best interests of the records management program more than one records liaison officer should be designated for a department, the department head shall designated the number of records liaison officers specified by the records management officer. Persons designated as records liaison officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the records maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records liaison officer, the department head shall promptly designated another person to fill the vacancy. A department head may serve as records liaison officer for his or her department. Sec. 2-209 Duties and Responsibilities of Records Liaisons. In addition to other duties ass igned in the article, records liaisons shall: (1) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedule; (2) in cooperation with the records management officer coordinate and implement the policies and procedures of the records management program in their departments; and (3) disseminate information to department staff concerning the records management program. Sec. 2-210. Records control schedules to be developed; approval; filing with state. (a) The records management officer shall prepare records control schedules listing all records series created or received and the retention period of each series. Records Ordinance 710 Page 6 of 7 control schedules shall also contain such other information regarding the disposition of records as the records management plan or state law may require. (b) The records management officer shall review the records control schedules of the town and prepare amendments to the schedules as needed to reflect new records created or received by the town or revisions to retention periods established in a records retention schedule issued by the Texas State Library and Archives Commission. Amendments to records control schedules shall be filed with the director and librarian in the same manner as the original schedules. (c) The records management officer shall submit the records control schedules to the director and librarian, who must accept them for filing, as provided by state law, before their implementatio n. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. Sec. 2-211. Implementation of records control schedules; destruction of records under schedule. (a) A records control schedule that has been approved and adopted under section 2-207 shall be implemented according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or there is a request in writing to the records management officer that the record be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer. Sec. 2-212. Destruction of unscheduled records. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 710 Page 7 of 7 SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 16th DAY OF SEPTEMBER 2013. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Consider an ordinance adopting 2012 Editions of the International Building Code (IBC), International Residential Code (IRC), International Energy Conservation Code (IECC), International Fuel Gas Code (IFGC), International Mechanical Code (IMC), International Plumbing Code (IPC), and the 2011 Edition of the National Electrical Code (NEC), along with a mendments for each code. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: September 16, 2013 September 16, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The Town of Westlake is currently under the 2006 International Codes as amended. Every three years, the International Code Congress addresses code issues and proposes updates. Part of the update process involves input from various organizations – both public and private – as well as comments from experts in their respected fields and from the public. Once the code is updated and published, local governments review, amend, and adopt the code. In the North Texas Region this is taken a step further by the North Central Texas Council of Governments (NCTCOG) which coordinates committees of local officials and industry professionals who review the code and recommend regional amendments. The amendments being proposed with this code are a combination of recommendations of the NCTCOG committees and Westlake specific amendments to address concerns related to our unique development opportunities and concerns. Adoption of the 2012 International Codes and the 2011 National Electrical Code will benefit the Town in several ways. The Building Code Effectiveness Grading Schedule, issued by the Insurance Services Office as an insurance underwriting tool, is greatly impacted by the timely adoption of the latest editions of the codes, and Westlake currently has a Grading Classification of 4 for residential and 3 for commercial, the highest of any municipality its size and equal to or better than any of our neighboring cities. From a practical standpoint, the adoption of codes and amendments that are similar to those adopted by neighboring cities helps contractors by allowing consistency in the design, estimation, and installation phases of development, and allows training for continuing education to be focused on the same editions of the codes. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS Ordinance XXX Exhibit A – Amendments to the published codes. Amendment Summary North Central Texas Council of Governments 1 September 11, 20132012 IBC Amendments Town of Westlake Amendments 2012 International Construction Codes and 2011 National Electrical Code Town of Westlake Amendments to the 2012 International Building Code (An option B Jurisdiction) Recommended Amendments to the 2012 International Building Code North Central Texas Council of Governments Region The following sections, paragraphs, and sentences of the 2012 International Building Code are hereby amended as follows: Standard type is text from the IBC. Underlined type is text inserted. Lined through type is deleted text from IBC. A double asterisk (**) at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2012 code. Explanation of Options A and B: Please note that as there is a wide range in fire fighting philosophies / capabilities of cities across the region, OPTION “A” and OPTION “B” are provided in the Fire and Building Code amendments. Jurisdictions should choose one or the other based on their fire fighting philosophies / capabilities when adopting code amendments. Local Amendments note. 1. All buildings are required to be protected by an automatic fire sprinkler system. See the Westlake Fire Code and amendments for provisions, and exceptions, relating to the requirements for the installation of Automatic Fire Sprinkler systems. **Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes. The former ICC Electrical Code is now Appendix K of this code but no longer called by that name.) **Section 101.4.7; add the following: Amendment Summary North Central Texas Council of Governments 2 September 11, 20132012 IBC Amendments 101.4.7 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (Reason: This was dropped when ICC quit publishing the ICC Electrical Code, but the Electrical Code still should be referenced regardless of how it is adopted.) ** Section 103 and 103.1 amend to insert the Department Name SECTION 103 Town of Westlake Building Inspections Department 103.1 Creation of enforcement agency. The Town of Westlake Building Inspections Department is hereby created and the official in charge thereof shall be known as the Building Official. (Reason: Reminder to be sure ordinance reads the same as designated by the city.) ***Section 104.10.1; jurisdictions may consider the option to amend or delete depending on local enforcement and flood hazard ordinances. (Reason: Flood hazard ordinances may be administered by other departments within the city.) ***Section 105.2; under sub-title entitled “Building” delete items 1, 2, 10 and 11 and re-number as follows: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). 2. Fences not over 7 feet (1829 mm) high. 3. 1. (Unchanged) 4. 2. (Unchanged) 5. 3. (Unchanged) 6. 4. (Unchanged) 7. 5. (Unchanged) 8. 6. (Unchanged) 9. 7. (Unchanged) 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. 8. (Unchanged) 12. 9. (Unchanged) 13. 10. (Unchanged) (Reason: Items deleted are for one- and two-family dwellings regulated by the International Residential Code. Accessory structures, fences and shade cloth structures would require a permit for commercial properties to ensure compliance with local ordinance, egress, accessibility, flame spread of fabric, wind/snow design load, etc.). **Section 109; add Section 109.7 to read as follows: 109.7 Re-inspection Fee. A fee as established by city council resolution may be charged when: 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; Amendment Summary North Central Texas Council of Governments 3 September 11, 20132012 IBC Amendments 3. City approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red-tagged twice for the same item; 6. The original red tag has been removed from the job site. 7. Failure to maintain erosion control, trash control or tree protection. Any re-inspection fees assessed shall be paid before any more inspections are made on that job site. (Reason: This fee is not a fine or penalty but is designed to compensate for time and trips when inspections are called for when not ready.) **Section 109; add Section 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows: 109.8 Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code or the city fee schedule as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. 109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed a fee as established by the city fee schedule. (Reason: This fee is not a fine or penalty but is designed to compensate for time and to remove incentive to attempt to evade permits and code compliance. Text taken from former Uniform Administrative Code.) ***Section 202; add definition of Assisting Living Facilities to read as follows. ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from st aff. (Reason: The code references Assisted Living facilities and definition was deleted) **Section 202; change definition of “Atrium” as follows: ATRIUM. An opening connecting two three or more stories… {Balance remains unchanged} (Reason: Accepted practice in the region based on legacy codes. Section 1009 permits unenclosed two story stairways under certain circumstances.) HIGH-RISE BUILDING. A building with an occupied floor located more than 75 55 feet (22 860 mm) (16 764 mm) above the lowest level of fire department vehicle access. (Reason: To define high-rise, as it influences sprinkler requirement thresholds based on the fire fighting capabilities of a jurisdiction. This correction needed for Option B and C cities only as a basic definition of High Rise is now provided.) Amendment Summary North Central Texas Council of Governments 4 September 11, 20132012 IBC Amendments ***Section 303.1.3; add a sentence to read as follows: 303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy . except when applying the assembly requirements of Chapter 10 and 11. (Reason: To clarify that egress and accessibility requirements are applicable for assembly areas, i.e. cafeteria, auditoriums, etc.) **Section 304.1; add the following to the list of occupancies: Fire stations Police stations with detention facilities for 5 or less (Reason: Consistent with regional practice dating back to the legacy codes.) **Section 403.1, Exception 3; change to read as follows: 3. Open air portions of buildings Buildings with a Group A-5 occupancy in accordance with Section 303.6. (Reason: To clarify enclosed portions are not exempt.) **Section 403.3, Exception; delete item 2. (Reason: To provide adequate fire protection to enclosed areas.) **Section 404.5; delete Exception. (Reason: Consistent with amended atrium definition.) **Section 406.3.2; add item 3 to read as follows: 3. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). (Reason: Simplifies the fire separation distance and eliminates the need to obtain opening information on existing buildings when adding carports in existing apartment complexes. Consistent with legacy codes in effect in region for years and no record of problems with car fires spreading to apartments as a result.) **Section 406.8; add a second paragraph to read as follows: This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. (Reason: To further clarify types of service work allowed in a repair garage, as well as to correspond with definition in the IFC.) **Section 506.2.2; add sentence to read as follows: 506.2.2 Open Space Limits. Such open space shall be either on the same lot or dedicated for public use and shall be accessed from a street or approved fire lane. In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway meeting fire department access from the street or approved fire lane shall be provided. (Reason: To define what is considered accessible. Consistent with regional amendment to IFC 504.1.) Amendment Summary North Central Texas Council of Governments 5 September 11, 20132012 IBC Amendments **Section 712.1.8, change item 5 to read as follows: 5. Is not open to a corridor in Group I and R H occupancies. (Reason: To be consistent with regionally accepted practices.) **Section 713.14.1 Elevator Lobby. Exceptions: 4.3 change to read as follows: ***Section 713.14.1; Exception 4.3 Elevators serving floor levels over 75 55 feet (22 860 mm) (16 764 mm) above the lowest level of fire department vehicle access in high rise buildings. (Reason: This correction needed for Option B and C cities only as a basic definition of High Rise is now provided.) **Section 903.1.1; change to read as follows: [F] 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of addition to automatic sprinkler protection where recognized by the applicable standard and, or as approved by the fire code official. (Reason: Such alternative systems do not provide the reliability of automatic sprinkler protection in general. An applicant could pursue an Alternate Method request to help mitigate the reliability issues with these alternative systems with the fire code official if so desired, or there may be circumstances in which the fire code official is acceptable to allowing an alternate system in lieu of sprinklers, such as kitchen hoods or paint booths. This also meets with local practices in the region.) **Section 903.2; add the following: [F] 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating “ELEVATOR MACHINERY – NO STORAGE ALLOWED.” (Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of the International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained. This also meets with local practices in the region.) **Section 903.2; delete the exception. (Reason: The exception deletion is due to the fact that such telecom areas pose an undue fire risk to the structural integrity of the building. This also meets with local practices in the region.) **Section 903.2.9; add Section 903.2.9.3 to read as follows: [F] 903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment. (Reason: Fire departments are unable to inspect these commercial occupancies and are unaware of the contents being stored. This also meets with local practices in the region.) Amendment Summary North Central Texas Council of Governments 6 September 11, 20132012 IBC Amendments ***Section 903.3.1.1.1; change to read as follows: [F] 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such ...{text unchanged}… because it is damp, of fire- resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access Elevator machine rooms, machinery spaces, and hoistways,other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. 6. {Delete.} (Reason: Gives more direction to code official. Exception 4 deleted to provide protection where fire risks are poorly addressed. Amendment 903.2 addresses Exception 5 above relative to the elimination of sprinkler protection in these areas to avoid the shunt trip requirement.) ***Section 903.3.1.2.2; add the following: [F]Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. (Reason: Open breezeways already require sprinkler protection in Section 1026.6, Exception 4. Attic protection is required in accordance with existing regional practice and issues with fire exposure via soffit vents, as well as firefighter safety. Attached garages already require sprinkler via NFPA 13R – re- emphasis.) **Section 903.3.1.3; add the following: [F] 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. (Reason: To allow the use of the Plumbing section of the IRC and recognize current state stipulations in this regard.) **Section 903.3.5 Water Supplies; add a second paragraph to read as follows: [F] Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference Section IFC 507.4 for additional design requirements. (Reason: To define uniform safety factor.) **Section 903.4 Sprinkler system supervision and alarms; add a second paragraph after the exceptions to read as follows: [F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.) Amendment Summary North Central Texas Council of Governments 7 September 11, 20132012 IBC Amendments **Section 903.4.2 Alarms; add second paragraph to read as follows: [F] The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. (Reason: Fire department connections are not always located at the riser; this allows the fire department faster access.) **Section 905.2 Installation standard; change to read as follows: [F] 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. (Reason: To define manual dry standpipe supervision requirements. Helps ensure the integrity of the standpipe system via supervision, such that open hose valves will result in a supervisory low air alarm.) **Section 905.4, item 5; change to read as follows: [F] 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way a hose connection shall be located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. (Reason: Maintains previously adopted amendment for the following purpose. Reduced the amount of pressure required to facilitate testing, and provides backup protection for fire fighter safety.) **Section 905.4 Location of Class I standpipe hose connections; add the following item 7: [F] 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200’) intervals along major corridors thereafter. (Reason: Allows for the rapid deployment of hoselines to the body of the fire.) **Section 905.9 Valve supervision; add a second paragraph after the exceptions to read as follows: [F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.) **Add Section 907.1.4 to read as follows: [F] 907.1.4 Design standards. All alarm systems new or replacement shall be addressable. Alarm systems serving more than 20 smoke detectors shall be analog addressable. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. (Reason: Consistent with local practice and emerging technology. Reduces need for panel replacement in the future.) Amendment Summary North Central Texas Council of Governments 8 September 11, 20132012 IBC Amendments **Section 907.2.1; change to read as follows: [F] 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.9 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {unchanged.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. (Reason: Increases the requirement to be consistent with Group B requirement. Also addresses issue found in Group A occupancies of reduced lighting levels and other A/V equipment that distracts from fire alarm notification devices. Also reflects regional practice.) **Section 907.2.3; change to read as follows: [F] 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. (Reason: To distinguish educational from day care occupancy minimum protection requirements. Further, to define threshold at which portable buildings are considered a separate building for the purposes of alarm systems.) **Section 907.2.3; add exception 1.1 to read as follows: [F] Exceptions: 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of 30 or less when provided with an approved automatic sprinkler system . 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) (Reason: Consistent with Texas State laws concerning day care facility requirements.) *** Section 907.4.2 Manual fire alarm boxes to read as follows: [F] {Text unchanged}……Sections 907.4.2.1 through 907.4.2. 6. 7 (Reason: Added number 907.4.2.7.) ***Add Section 907.4.2.7 to read as follows: [F] 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. (Reason: Helps to reduce false alarms. Consistent with regional requirements.) Amendment Summary North Central Texas Council of Governments 9 September 11, 20132012 IBC Amendments **Add Section 907.6.1.1 to read as follows: [F] 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. (Reason: To provide uniformity in system specifications and guidance to design engineers. Improves reliability of fire alarm devices and systems.) **Add Section 907.6.5.3 to read as follows: [F] 907.6.5.3 Communication requirements. All alarm systems, new or replacement, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. (Reason: To assist responding personnel in locating the emergency event.) **Section 910.1; change Exception 2 to read as follows: [F] 2. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers, automatic only manual smoke and heat vents shall not be required within these areas. Automatic smoke and heat vents are prohibited. (Reason: Allows the fire department to control the smoke and heat during and after a fire event.) *** Section 910.2 Where required to read as follows: [F] {Text unchanged}……Sections 910.2.1 and through 910.2.2 4 (Reason: Added numbers 910.2.3 and 910.2.4) **Add subsections 910.2.3 with exceptions to read as follows: [F] 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. (Reason: Provides an acceptable alternative for large storage and manufacturing occupancies, rather than requiring interior rated exit passageways, as has been allowed for many years.) **Add subsections 910.2.4 to read as follows: Amendment Summary North Central Texas Council of Governments 10 September 11, 20132012 IBC Amendments [F] 910.2.4 Exit access travel distance increase. Buildings and portions thereof used as a Group F-1 or S-1 occupancy where the maximum exit access travel distance is increased in accordance with Section 1016.2.2. (Reason: Provides an acceptable alternative for large storage and manufacturing occupancies, rather than requiring interior rated exit passageways, as has been allowed for many years.) **Table 910.3; Change the title of the first row of the table from “Group F-1 and S-1” to include “Group H” and to read as follows: Group H, F-1 and S-1 (Reason: Consistency with the amendment 910.2.3 to include Group H.) **Add Section 912.2.3 to read as follows: [F] 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. (Reason: Consistent with regional practices.) **Section 913.1; add second paragraph and exception to read as follows: [F] When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by IFC Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by IFC Section 506.1. (Reason: This requirement allows fire fighters safer access to the fire pump room. The requirement allows access without being required to enter the building and locate the fire pump room interior access door during a fire event. The exception recognizes that this will not always be a feasible design scenario for some buildings, and as such, provides an acceptable alternative to protect the pathway to the fire pump room.) **Section 1007.1; add the following Exception 4: Exceptions: {previous exceptions unchanged} 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. (Reason: To accommodate buildings regulated under Texas State Law and to be consistent with amendments to Chapter 11.) *** Section 1007.5; Platform lifts, amend to read as follows: 1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.7 8, Items 1 through 9 10. Standby power . . {remainder unchanged} (Reason: Editorial.) ***Section 1008.1.9.4; amend exceptions 3 and 4 as follows: Amendment Summary North Central Texas Council of Governments 11 September 11, 20132012 IBC Amendments Exceptions: 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy. {Remainder unchanged} 4. Where a pair of doors serves a Group A, B, F, M or S occupancy. {Remainder unchanged} (Reason: Application to M occupancies reflects regional practice; No. 4 expanded to Group A due to it being a similar scenario to other uses; No. 4 was regional practice.) **Section 1008.1.9.9; change to read as follows: 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E, I-1, I-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, I-1, I- 2, M, R-1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built-in switch and meet the requirements below: {remaining text unchanged} (Reason: Regional practice to permit such locks due to the presence of trained staff.) **Section 1015; add new section 1015.7 to read as follows: 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. (Reason: Cross reference necessary for coordination.) ***Section 1016; add new section 1016.2.2 to read as follows: 1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following are met: 1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height; 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and 3. The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. (Reason: Past regional practice allowed smoke and heat vents to be utilized to increase travel distance, which resulted in problems when utilizing ESFR systems. This amendment adopts wording from the upcoming 2015 IBC, which has been approved by final action via the ICC code development process but is not yet published.) ***Section 1018.1; add exception 6 to read as follows: {previous text unchanged} 6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire-resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. (Reason: To reduce redundant requirements in a single tenant situation. Intended to be consistent with regional amendment to IFC. **Section 1018.6; amend to read as follows: 1018.6, Corridor Continuity. Fire-Resistance-Rated All corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. {Remainder unchanged} {Exception unchanged} Amendment Summary North Central Texas Council of Governments 12 September 11, 20132012 IBC Amendments (Reason: Once in corridor, corridor should not be interrupted or discontinuous.) **Section 1026.6; amend exception 4 to read as follows: Exceptions: {Exceptions 1 through 3 unchanged} 4. Separation from the interior open-ended corridors of the building… {remaining text unchanged} (Reason: To clarify that Section 1022.7, i.e., the 180 degree rule is applicable; and is further reinforced by new Exception 4.4.) ***Section 1028.1.1.1; delete. (Reason: Unenforceable.) ***Section 1029.1; amend to read as follows: 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and I-1 Group R-2 occupancies in accordance with Tables 1021.2(1) and 1021.2(2) and Group R-3 occupancies. {Remainder unchanged} Exceptions: {Exceptions 1 through 3 unchanged.} 4. In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. (Reason: Maintains legacy language to ensure egress from residential type occupancies and maintain exception for residential occupancies where an NFPA 13 or 13R sprinkler system is installed, but not for a 13D system.) **Section 1101.2; Add exception to read as follows: Exceptions: Projects registered with the Architectural Barriers Division of the Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this Chapter. (Reason: To accommodate buildings regulated under state law.) ***Section 1203.1; amend to read as follows: ***1203.1 General. Buildings shall be provided with natural ventilation in accordance with Section 1203.4, or mechanical ventilation in accordance with the International Mechanical Code. Where air infiltration rate in a dwelling unit is less than 5 air changes or less per hour when tested with a blower door at a pressure 0.2 inch w.c. (50 Pa) in accordance with Section 402.4.1.2 of the International Energy Conservation Code, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403 of the International Mechanical Code. (Reason: See IECC change to performance testing. Whole-house ventilation is recognized as necessary). ***Table 1505.1; delete footnote c and replace footnote b with the following: b. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq. ft. of protected roof area. When exceeding 120 sq. ft. of protected roof area, buildings of U occupancies may use non-rated non-combustible roof coverings. c. [delete] (Reason: Conforms to regional practice affording increased fire protection.) Amendment Summary North Central Texas Council of Governments 13 September 11, 20132012 IBC Amendments **Section 1505.7; delete the section (Reason: Conforms to regional practice.) **Section 1510.1; add a sentence to read as follows: 1510.1 General. Materials and methods of applications used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15. All individual replacement shingles or shakes shall be in compliance with the rating required by Table 1505.1. {text of exception unchanged} (Reason: Relocated the text to more appropriate place. Previously was footnote “b” to Table 1505.1) **Section 2901.1; add a sentence to read as follows: [P] 2901.1 Scope. {existing text to remain} The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. (Reason: Gives building official discretion.) **Section 2902.1; add a second paragraph to read as follows: In other than E Occupancies, the minimum number of fixtures in Table 2902.1 may be lowered, if requested in writing, by the applicant stating reasons for a reduced number and approved by the Building Official. (Reason: To allow flexibility for designer to consider specific occupancy needs.) **Table 2902.1; change footnote f to read as follows: f. Drinking fountains are not required in M Occupancies with an occupant load of 100 or less, B Occupancies with an occupant load of 25 or less, and for dining and/or drinking establishments. (Reason: Adjustment meets the needs of specific occupancy types.) ***Section 2902.1.3; add new Section 2902.1.3 to read as follows: 2902.1.3 Additional fixtures for food preparation facilities. In addition to the fixtures required in this Chapter, all food service facilities shall be provided with additional fixtures set out in this section. 2902.1.3.1 Hand washing lavatory. At least one hand washing lavatory shall be provided for use by employees that is accessible from food preparation, food dispensing and ware washing areas. Additional hand washing lavatories may be required based on convenience of use by employees. 2902.1.3.2 Service sink. In new or remodeled food service establishments, at least one service sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the <Jurisdiction’s> health department. (Reason: Coordinates Health law requirements with code language for consistent regional practice.) **Section 3006.1; change to read as follows: 3006.1, General. Access Elevator machine rooms shall be provided. {Remainder unchanged.} (Reason: An elevator machine room is necessary to provide a protected space for elevator equipment that is used by the fire service, the disabled, and in the future, building occupant evacuations.) Amendment Summary North Central Texas Council of Governments 14 September 11, 20132012 IBC Amendments **Section 3006.4 {3006.5 if previous amendment adopted}; add a sentence to read as follows and delete exceptions 1 and 2: [F] 3006.4. Machine Rooms and Machinery Spaces: {text unchanged}… Storage shall not be allowed within the elevator machine room. Provide approved signage at each entry door to the elevator machine room stating “Elevator Machinery – No Storage Allowed.” (Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of the International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained. This also meets with local practices in the region.) ***Section 3109.1; change to read as follows: 3109.1 General. Swimming pools shall comply with the requirements of sections 3109.2 through 3109.5 and other applicable sections of this code and complying with applicable state laws. (Reason: To recognize “state requirements”.) ***Section 3401.6 5 Alternative Compliance. Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter with prior approval from the Building Official. (Reason: Correct typo and align with referenced standards.) ***Section 3401.5 6 Dangerous Conditions. {Remainder unchanged.} (Reason: Correct typo and align with referenced standards.) End of IBC amendments Amendment Summary North Central Texas Council of Governments 15 September 11, 20132012 IBC Amendments Recommended Amendments to the 2012 International Residential Code North Central Texas Council of Governments region The following sections, paragraphs, and sentences of the 2012 International Residential Code are hereby amended as follows: Standard type is text from the IRC. Underlined type is text inserted. Lined through type is deleted text from IRC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. The energy provisions in Chapter 11 of the International Residential Code (IRC) now mirror the requirements of the International Energy Conservation Code (IECC). As such, there is no difference between Chapter 11 of the 2012 IRC and the 2012 IECC. Reference the 2012 IECC for NCTCOG recommended amendments to that code. **Section R102.4; change to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes. Note: the former ICC Electrical Code is now Appendix K of the IBC, but no longer called by that name. If adopting in that location, be sure to include language that includes structures under IRC and IBC.) **Section R202; change definition of "Townhouse" to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with a yard or public way on at least two sides. (Reason: Consistent with terminology commonly used in this region.) ***Table R301.2(1); fill in as follows: GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf SPEEDd (mph) Topographic Effectsk 5 lb/ft2 90 (3-sec-gust)/76 fastest mile No A SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termitec moderate 6” very heavy Amendment Summary North Central Texas Council of Governments 16 September 11, 20132012 IBC Amendments WINTER DESIGN TEMPe ICE BARRIER UNDER- LAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj 22oF No local code 150 64.9oF {No change to footnotes} (Reason: To promote regional uniformity.) **Section R302.1; add exception #6 to read as follows: Exceptions: {previous exceptions unchanged} 6. Open non-combustible carport structures may be constructed when also approved within adopted ordinances. (Reason: Refers to other ordinances, such as zoning ordinances.) ***Section R302.2, Exception; change to read as follows: Exception: A common two-hour fire-resistance-rated wall assembly, or one-hour fire-resistance-rated wall assembly when equipped with a sprinkler system… {remainder unchanged} (Reason: Consistent with regional practice.) ***Section R302.2.4, Exception 5; change to read as follows: Exception: {previous exceptions unchanged} 5. Townhouses separated by a common 1-hour fire-resistance-rated wall as provided in Section R302.2. (Reason: Consistent with regional practice.) ***Section R302.3; add Exception #3 to read as follows: Exceptions: 1. {existing text unchanged} 2. {existing text unchanged} 3. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. (Reason: Provide guidance for a common construction method in this area. Correlates with amendment to IRC Section R202 Townhouse definition.) ***Section R302.5.1; change to read as follows: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors equipped with a self -closing device. (Reason: Consistent with common local practice. Absence of data linking self-closing devices to increased safety. Self-closing devices often fail to close the door entirely.) ***Section R303.3, Exception; amend to read as follows: Amendment Summary North Central Texas Council of Governments 17 September 11, 20132012 IBC Amendments Exception: The glazed areas {remainder unchanged} unless the space contains only a water closet, a lavatory, or water closet and a lavatory may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (Reason: Consistent with common local practice.) ***R303.4 Mechanical Ventilation; change to read as follows: Where the air infiltration rate of a dwelling unit is less than 5 air changes per hour or less when tested with a blower door at a pressure of 0.2 inch w.c. (50 Pa) in accordance with Section N1102.4.1.2, the dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M1507.3. (Reason:See IECC change to performance testing. Whole-house ventilation is recognized as necessary). W***Section R311.7.3: add an exception to read as follows: Exception: The vertical rise between landings may be increased to 14 feet for winding stairways with handrails on both sides. (Reason: To accommodate the current trend of providing 12 foot ceiling heights.) W***Section R311.7.8: add an exception to read as follows: Exception: When the run is greater than twice the rise, handrails shall not be required for exterior stairways. (Reason: The reduced slope reduces the hazard and allows the elimination of handrails where they would be aesthetically undesirable. ***Section R315.3, amend and add exceptions as follows: Where required in existing dwellings. Where work requiring a permit for an addition or an alteration that occurs in existing dwellings, that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1: Exceptions: 1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt from the requirements of this section. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section. (Reason: Consistent with exceptions in Section R314.3.1) ***Section R401.2, amended by adding a new paragraph following the existing paragraph to read as follows. Section R401.2. Requirements. {existing text unchanged} … Every foundation and/or footing, or any size addition to an existing post-tension foundation, regulated by this code shall be designed and sealed by a Texas-registered engineer. (Reason: reflects regional practice.) Amendment Summary North Central Texas Council of Governments 18 September 11, 20132012 IBC Amendments **Section 602.6.1; amend the following: R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 Ga) and 1 ½ inches (38) mm 5 inches (127 mm) wide shall be fastened across and to the plate at each side of the opening with not less than eight 10d (0.148 inch diameter) having a minimum length of 1 ½ inches (38 mm) at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure R602.6.1. {remainder unchanged} (Reason: reflects regional practice and to comply with P2603.2.1. Also provides additional assurance of maintaining the integrity of the framing by spreading the nailing pattern.) **Figure R602.6.1; delete the figure and insert the following figure: (Reason: reflects regional practice and to comply with P2603.2.1. Also provides additional assurance of maintaining the integrity of the framing by spreading the nailing pattern.) Amendment Summary North Central Texas Council of Governments 19 September 11, 20132012 IBC Amendments **Section R602.10 Wall Bracing; add a second paragraph to read as follows: In stud framed exterior walls, all ties shall be anchored to studs as follows: As part of any wall bracing plan, continuous exterior sheathing with wood structural panels shall be required on all exterior walls. **Section R703.7.4.1; add a second paragraph to read as follows: In stud framed exterior walls, all ties shall be anchored to studs as follows: 1. When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further apart than 24 in (737 mm) vertically starting approximately 12 in (381 mm) from the foundation; or 2. When studs are 24 in (610 mm) o.c., stud ties shall be spaced no further apart than 16 in (483 mm) vertically starting approximately 8 in (254 mm) from the foundation. (Reason: Provide easy to install and inspect dimensions to clarify how to anchor and to distinguish “studs” from other types of construction.) **Section R902.1; Amend and add exception #3 to read as follows: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B, or C roofing shall be installed in areas designated by law as requiring their use or when the edge of the roof is less than 3 feet from a lot line. {remainder unchanged} Exceptions: 1. {text unchanged} 2. {text unchanged} 3. {text unchanged} 4. Non-classified roof coverings shall be permitted on one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed (area defined by jurisdiction). (Reason: Consistent with regional practice. Language fits better in this section. Aligned the area and description of the building to be consistent with the item #1 to Section R105.2) Part IV – Energy Conservation - Chapter 11 [RE} *** insert text to read as follows: Residential Provisions for Energy Efficiency (Reason: To remain consistent with IECC residential provisions.) ***Section M1305.1.3; change to read as follows: **Section M1411.3.1, Items 3 and 4; add text to read as follows: M1411.3.1 Auxiliary and secondary drain systems. {bulk of paragraph unchanged} 1. {text unchanged} Amendment Summary North Central Texas Council of Governments 20 September 11, 20132012 IBC Amendments 2. {text unchanged} 3. An auxiliary drain pan… {bulk of text unchanged}… with Item 1 of this section. A water level detection device may be installed only with prior approval of the building official. 4. A water level detection device… {bulk of text unchanged}… overflow rim of such pan. A water level detection device may be installed only with prior approval of the building official. (Reason: Reflects standard practice in this area.) **Section M1411.3.1.1; add text to read as follows: M1411.3.1.1 Water-level monitoring devices. On down-flow units …{bulk of text unchanged}… installed in the drain line. A water level detection device may be installed only with prior approval of the building official. (Reason: Reflects standard practice in this area.) ***M1503.4 Makeup Air Required Amend and add exception as follows: M1503.4 Makeup air required. Exhaust hood systems capable of exhausting in excess of 400 cubic feet per minute (0.19 m3/s) shall be provided with makeup air at a rate approximately equal to the difference between the exhaust air rate and 400 cubic feet per minute. Such makeup air systems shall be equipped with a means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system. Exception: Where all appliances in the house are of sealed combustion, power-vent, unvented, or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute (0.28 m3/s) without providing makeup air. Exhaust hood systems capable of exhausting in excess of 600 cubic feet per minute (0.28 m3/s) shall be provided with a makeup air at a rate approximately equal to the difference between the exhaust air rate and 600 cubic feet per minute. (Reason: Exception requires makeup air equaling the amount above and beyond 400 cfm for larger fan which will address concerns related to “fresh” air from the outdoors in hot humid climates creating a burden on HVAC equipment and negative efficiency impacts from backdrafting and wasted energy. **Section M2005.2; change to read as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self -closing device. Installation of direct-vent water heaters within an enclosure is not required. (Reason: Corresponds with the provisions of IFGC Section 303, exception #5.) c **Section G2408.3 (305.5); delete. Reason: This provision does not reflect standard practice in this area.) Amendment Summary North Central Texas Council of Governments 21 September 11, 20132012 IBC Amendments **Section G2415.2.1 (404.2.1); add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "W ARNING 1/2 to 5 psi gas pressure Do Not Remove" (Reason: To protect homeowners and plumbers.) **Section G2415.2.2 (404.2.2); add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18 EDH). (Reason: Pipe less than 1/2" has a history in this region of causing whistling.) **Section G2415.12 (404.12); change to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) 18 inches (457 mm) below grade, except as provided for in Section G2415.12.1. (Reason: To provide increased protection to piping systems.) ***Section G2415.12.1 (404.12.1); change to read as follows: G2415.12.1) Individual outside appliances. Individual lines to outside lights, grills or other appliances shall be installed a minimum of 8 12 inches (203 mm) below finished grade…. Rest unchanged. (Reason: To provide increased protection to piping systems.) **Section G2417.1 (406.1); change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the building official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. (Reason: To utilize language used in the IPC regarding who is responsible for testing procedures.) **Section G2417.4; change to read as follows: G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a manometer or Amendment Summary North Central Texas Council of Governments 22 September 11, 20132012 IBC Amendments with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Mechanical gauges Gauges used to measure… {remainder unchanged} (Reason: To require the use of more accurate diaphragm gauges. Spring gauges do not provide accurate measurement below approximately 17 psig.) **Section G2417.4.1; change to read as follows: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than one and one- half times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), or at the discretion of the Building Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For tests requiring a pressure of 3 psig, mechanical gauges used to measure test pressures shall utilize a dial with a minimum diaphragm diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. have a range such that the highest end of the scale is not greater than five times the test pressure. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. (Reason: To provide for lesser pressures to coordinate with the use of more accurate diaphragm gauges.) **Section G2417.4.2; change to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Building Official, but in no case for be not less than 10 fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than thirty (30) minutes. (Reason: To comply with accepted regional practices.) **Section G2420.1 (406.1); add Section G2420.1.4 to read as follows: G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. (Reason: To provide proper security to CSST valves. These standards were established in this region in 1999 when CSST was an emerging technology.) Amendment Summary North Central Texas Council of Governments 23 September 11, 20132012 IBC Amendments ***Section G2420.5.1 (409.5.1); add text to read as follows: G2420.5.1 (409.5.1) Located within the same room. The shutoff valve …{bulk of paragraph unchanged}… in accordance with the appliance manufacturer’s instructions. A secondary shutoff valve must be installed within 3 feet (914 mm) of the firebox if appliance shutoff is located in the firebox. (Reason: Reflects regional practice and provides an additional measure of safety.) **Section G2421.1 (410.1); add text and Exception to read as follows: G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be … {bulk of paragraph unchanged}… approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. (Reason: To require adequate access to regulators.) **Section G2422.1.2.3 (411.1.3.3); delete Exception 1 and Exception 4. (Reason: To comply with accepted regional practices.) **Section G2445.2 (621.2); add Exception to read as follows: G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented room heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Building Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7 of the Fuel Gas Code. (Reason: Gives code official discretion **Section G2448.1.1 (624.1.1); change to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. (Reason: To clarify installation requirements. Also corresponds with amendments regarding water heater access.) **Section P2801.6; add Exception to read as follows: Exceptions: 1. Electric Water Heater. Amendment Summary North Central Texas Council of Governments 24 September 11, 20132012 IBC Amendments (Reason: To coordinate with Section 2408.2 of the IRC, which recognizes this exception.) **Section P2902.5.3; change to read as follows: P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (Reason: To provide clarity.) **Section P3005.2.6; change to read as follows: P3005.2.6 Base of stacks Upper Terminal. A cleanout shall be provided at the base of each waste or soil stack. Each horizontal drain shall be provided with a cleanout at its upper terminal. Exception: Cleanouts may be omitted on a horizontal drain less than five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. (Reason: To eliminate the requirement for excessive cleanouts.) **Section P3112.2; delete and replace with the following: P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. (Reason: To clarify the installation of island venting and to provide a regional guideline on a standard installation method for this region.) End of IRC amendments Amendment Summary North Central Texas Council of Governments 25 September 11, 20132012 IBC Amendments The following articles, paragraphs, and sentences of the 2011 National Electrical Code (NEC) are hereby amended as follows: Standard type is text from the NEC. Underlined type is text inserted. Lined through type is deleted text from NEC. A double asterisk (**) at the beginning of an article identifies an amendment carried over from the 2008 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2011 code. ***Article 100, Part I; amend the following definition: Intersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. (REASON FOR CHANGE: To allow for a termination point for other bonding conductors in addition to communication systems that are required by the various model codes.) ***Article 110.2; change the following to read as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Manufacturer’s self -certification of any equipment shall not be used as a basis for approval by the AHJ. Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval of unlisted equipment.) **Article 230.71(A); add the following exception: Exception: Multi-occupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. (REASON FOR CHANGE: This is currently the accepted installation practice of the region. No noteworthy complaints have surfaced. It is more reasonable than the current NEC requirements. It allows more than six disconnects grouped at one location. This also allows designers more flexibility in the placement of electrical meters and main service disconnects.) ***Article 240.91; delete the Article. (REASON FOR CHANGE: Present day equipment is not listed and has not been evaluated for the use. Removing this article may prevent both installers and AHJ’s from misapplying the Code.) Amendment Summary North Central Texas Council of Governments 26 September 11, 20132012 IBC Amendments **Article 300.11; add the following exception: Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire, with a maximum nominal metric designation 16 (trade size 1/2”). (REASON FOR CHANGE: To provide limited support of raceways and cables by ceiling grid support wire.) **Article 310.15(B)(7); change to read as follows: (7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(7), shall be…{text unchanged}…provided the requirements of 215.2, 220.61, and 230.42 are met. This Article shall not be used in conjunction with 220.82. (REASON FOR CHANGE: To provide a more reasonable margin of safety for dwelling service and feeder conductor allowable ampacities.) **Article 500.8(A)(3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation standards that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust- ignition proof equipment may not be suitable for use at temperatures lower than -25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Division 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: (1) Equipment listing or labeling (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self-evaluation or an owner's engineering judgment signed and sealed by a qualified Licensed Professional Engineer. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Guidelines for certificates may be found in ANSI/ISA 12.00.02, Certificate Standard for AEx Equipment for Hazardous (Classified) Locations. (REASON FOR CHANGE: To better define the qualifications for an engineering judgment.) **Article 505.7(A) changed to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Amendment Summary North Central Texas Council of Governments 27 September 11, 20132012 IBC Amendments Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenance of electrical equipment in hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persons Licensed Professional Engineer. (REASON FOR CHANGE: To better identify who is qualified to implement Zone Classification Systems.) ***Article 680.25(A) changed to read as follows: 680.25 Feeders. These provisions shall apply to any feeder on the supply side of panelboards supplying branch circuits for pool equipment covered in Part II of this article and on the load side of the service equipment or the source of a separately derived system. (A) Wiring Methods. (1) Feeders. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (1) Liquidtight flexible nonmetallic conduit (2) Rigid polyvinyl chloride conduit (3) Reinforced thermosetting resin conduit (4) Electrical metallic tubing where installed on or within a building (5) Electrical nonmetallic tubing where installed within a building (6) Type MC cable where installed within a building and if not subject to corrosive environment (7) Nonmetallic-sheathed cable (8) Type SE cable Exception: An existing feeder between an existing remote panelboard and service equipment shall be permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment grounding conductor within its outer sheath. The equipment grounding conductor shall comply with 250.24(A)(5). (REASON FOR CHANGE: To allow for more flexibility of wiring methods associated with this type of installation.) End of IECC Amendments Amendment Summary North Central Texas Council of Governments 28 September 11, 20132012 IBC Amendments Recommended Amendments to the 2012 International Plumbing Code North Central Texas Council of Governments region The following sections, paragraphs, and sentences of the 2012 International Plumbing Code are hereby amended as follows: Standard type is text from the IPC. Underlined type is text inserted. Lined through type is deleted text from the IPC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 edition of the code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. **Table of Contents, Chapter 7, Section 714; change to read as follows: 714 Engineered Computerized Drainage Design . . . .. . . . . . . . . . . . . . . 67 (Reason: Editorial change to make compatible with amendment to Section 714.1.) **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) **Sections 106.6.2 and 106.6.3; change to read as follows: 106.6.2 Fee schedule. The fees for all plumbing work shall be as indicated in the following schedule: (JURISDICTION TO INSERT APPROPRIATE SCHEDULE) adopted by resolution of the governing body of the jurisdiction. 106.6.3 Fee Refunds. The code official shall establish a policy for authorize authorizing the refunding of fees as follows. {Delete balance of section} (Reason: This calls to attention of local jurisdictions considering adoption that they need a fee schedule and a refund policy.) **Section 109; Delete entire section and insert the following: SECTION 109 MEANS OF APPEAL Amendment Summary North Central Texas Council of Governments 29 September 11, 20132012 IBC Amendments 109.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals established by ordinance. The board shall be governed by the enabling ordinance. (Reason: Most jurisdictions already have an ordinance establishing and governing an appeals board for this code. This also calls to the attention of jurisdictions not having such a board that it needs to be established.) **Section 305.6.1; change to read as follows: 305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of [number] inches (mm) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches (304 mm) below grade. (Reason: Provides sewer depth that is common in this region. Deleted reference to private sewage disposal because a private sewage disposal code is not typically adopted in this region.) **Section 305.9; change to read as follows: 305.9 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. (Reason: Provide a common cutoff point to designate a general separation distance at which plumbing systems should be safe for consistency in enforcement.) ***Section 314.2.1; change to read as follows: 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. ... {text unchanged} ... Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. (Reason: Greater specificity in prohibited locations for condensate discharge. It is the intent of this amendment to send condensate discharge into a sanitary sewer drain. Consistent with regional amendment to IMC 307.2.3.) ***Section 314.2.2; change to read as follows: 314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC, or schedule 80 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, and temperature and exposure rating of the installation. Joints and connections shall be made in accordance with the applicable provisions of Chapter 7 relative to the material type. Condensate waste and drain line size shall not be less than ¾-inch (19 mm) internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal. Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with Table 314.2.2. All horizontal sections of drain piping shall be installed in uniform alignment at a uniform slope. (Reason: To provide greater flexibility of materials when exposed to ultra violet light. Polybutylene pipe is not allowed for use in this region.) Amendment Summary North Central Texas Council of Governments 30 September 11, 20132012 IBC Amendments ***Section 401.1; add a sentence to read as follows: 401.1 Scope. This chapter shall govern the materials, design and installation of plumbing fixtures, faucets and fixture fittings in accordance with the type of occupancy, and shall provide for the minimum number of fixtures for various types of occupancies. The provisions of this Chapter coordinate with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. (Reason: Gives discretion to Code Official in case of code conflict.) **Section 403.1; change to read as follows: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. **Section 405.6; delete. (Reason: Texas State regulations cover plumbing in mental health centers. Consistent with regional amendment to IPC 1002.10.) **Section 409.2; change to read as follows: 409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. (Reason: Domestic dishwashing machines would be difficult to enforce and should already come equipped with backflow preventers. Consistent with regional amendments in IPC Section 608.) **Section 412.4; change to read as follows: 412.4 Required location Public laundries and central washing facilities. Floor drains shall be installed in the following areas. Amendment Summary North Central Texas Council of Governments 31 September 11, 20132012 IBC Amendments 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter. 2. Commercial kitchens. In lieu of floor drains in commercial kitchens, the code official may accept floor sinks. (Reason: To make more compatible with local health code practices.) **Section 419.3; change to read as follows: 419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. (Reason: Match un-amended IBC 1209.) **Section 502.6; Add Section 502.6 to read as follows: 502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 502.6.1 Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.1. (Reason: To provide safe access to water heaters and to provide lighting and receptacle for maintenance of equipment. Consistent with regional amendments to IFGC 306.7 and IMC 306.6. Note reference to amendment above.) **Section 504.6; change to read as follows: 504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. located in the same room as the water heater. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. Amendment Summary North Central Texas Council of Governments 32 September 11, 20132012 IBC Amendments Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions. 5. Discharge to the floor, to a an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed so as to flow by gravity. 10. Not terminate lmore less than 6 inches or more than 24 inches (152 mm) above grade the floor or nor more than 6 inches above the waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves. 13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1. (Reason: To provide a higher degree of safety.) **Section 604.4; add Section 604.4.1 to read as follows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. (Reason: To recognize State standards.) ***Section 604.8; add Section 604.8.3 to read as follows: 604.8.3 Thermal expansion control. An expansion tank or approved device shall be installed for the water heater with the addition of a pressure reducing valve or regulator creating a closed system. (Reason: To allow for thermal expansion in closed systems..) **Section 606.1; delete items #4 and #5. (Reason: The code is too restrictive as written.) **Section 606.2; change to read as follows: 606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations: Amendment Summary North Central Texas Council of Governments 33 September 11, 20132012 IBC Amendments 1. On the fixture supply to each plumbing fixture other than bathtubs and showers in one- and two- family residential occupancies, and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies. 2. On the water supply pipe to each sillcock. 3. On the water supply pipe to each appliance or mechanical equipment. (Reason: To provide shut-off valves to every fixture.) **Section 608.1; change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from non-potable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1, except and as specifically stated in Sections 608.2 through 608.16.10. (Reason: To recognize local requirements.) **Section 608.16.5; change to read as follows: 608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (Reason: To recognize regional practices.) ***Section 608.17; change to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. Installation shall be in accordance with Sections 608.17.1 through 608.17.8. (Reason: To allow local requirements to govern.) **Section 610.1; add exception to read as follows: 610.1 General. New or repaired potable water systems shall be purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section. This requirement shall apply to “on-site” or “inplant” fabrication of a system or to a modular portion of a system. 1. The pipe system shall be flushed with clean, potable water until dirty water does not appear at the points of outlet. Amendment Summary North Central Texas Council of Governments 34 September 11, 20132012 IBC Amendments 2. The system or part thereof shall be filled with a water/chlorine solution containing at least 50 parts per million (50 mg/L) of chlorine, and the system or part thereof shall be valved off and allowed to stand for 24 hours; or the system or part thereof shall be filled with a water/chlorine solution containing at least 200 parts per million (200 mg/L) of chlorine and allowed to stand for 3 hours. 3. Following the required standing time, the system shall be flushed with clean potable water until the chlorine is purged from the system. 4. The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system. Exception: With prior approval the Code Official may wave this requirement when deemed un-necessary. by the Code Official. (Reason: May not always be needed) ***Section 712; change to read as follows: 712.3.3.1 Materials. Pipe and fitting materials shall be constructed of brass, copper, CPVC, ductile iron, stainless steel, galvanized iron, PE, or PVC. (Reason: To add the additional materials to the list.) **Section 712.5; add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any “public use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. (Reason: To address dual pump system. To provide reference for storm drainage systems.) **Section 714, 714.1; change to read as follows: SECTION 714 ENGINEERED COMPUTERIZED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing, design and layout of the drainage system shall be permitted to be designed by approved computer design methods. (Reason: Code was too restrictive.) **Section 802.4; add a sentence to the end of the paragraph to read as follows: 802.4 Standpipes. Standpipes shall be… {text unchanged} …drains for rodding. No standpipe shall be installed below the ground. (Reason: To make systems less susceptible to improper modifications.) **Section 903.1; change to read as follows: Amendment Summary North Central Texas Council of Governments 35 September 11, 20132012 IBC Amendments 903.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. (Reason: To provide regional guideline on standard installation method for this area and address reference number correction.) **Section 1002.10; delete. (Reason: Texas State regulations cover plumbing in mental health centers. Consistent with regional amendment to IPC 405.6.) ***Section 1101.8; change to read as follows: 1101.8 Cleanouts required. Cleanouts or manholes shall be installed in the building storm drainage system and shall comply with the provisions of this code for sanitary drainage pipe cleanouts. Exception: Subsurface drainage system (Reason: To specify that where cleanouts are only required. in the building.) **Section 1106.1; change to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour the 100-year hourly rainfall rate indicated in Figure 1106.1 or on other rainfall rates determined from approved local weather data. (Reason: Specify the roof drain size normally used in the area.) ***Section 1107.3; change to read as follows: 1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized in accordance with Section 1106 based on the rainfall rate for which the primary system is sized in Figure 1106.1 or on other rainfall rates determined from approved local weather data. Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by Section 1101.7. Scuppers shall not have an opening dimension of less than 4 inches (102 mm). The flow through the primary system shall not be considered when sizing the secondary roof drain system. (Reason: Specify that overflow drainage is to be the same size as the normal roof drains.) ***Section 1202.1; delete Exception 2. (Reason: State law already specifies that vacuum systems must comply with NFPA 99C.) Amendment Summary North Central Texas Council of Governments 36 September 11, 20132012 IBC Amendments End of IPC amendments Amendment Summary North Central Texas Council of Governments 37 September 11, 20132012 IBC Amendments Recommended Amendments to the 2012 International Mechanical Code North Central Texas Council of Governments region The following sections, paragraphs, and sentences of the 2012 International Mechanical Code are hereby amended as follows: Standard type is text from the IMC. Underlined type is text inserted. Lined through type is deleted text from the IMC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 edition of the code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) **Section 304.6; delete. (Reason: This provision does not reflect standard practice in this area. Consistent with regional amendment to IFGC 305.5.) ***Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. 4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to building conditions. Amendment Summary North Central Texas Council of Governments 38 September 11, 20132012 IBC Amendments Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed… {remainder of section unchanged} (Reason: To provide a safe means of accessibility to appliances in attics and to allow for different types of construction limitations. Consistent with regional amendment to IFGC 306.3.) ***Section 306.5; change to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. . Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an a permanent interior or exterior means of access shall be provided. Permanent exterior ladders providing roof access need not extend closer than 8 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). ... {bulk of section to read the same}. (Reason: To assure safe access to roof appliances and provide a greater level of security for equipment locate more than 16 feet above grade. Consistent with IFGC amendments.) **Section 306.5.1; change to read as follows: 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. (Reason: To assure safe access to roof appliances. Consistent with IFGC amendments.) **Section 306; add Section 306.6 to read as follows: 306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and the water heater installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. Amendment Summary North Central Texas Council of Governments 39 September 11, 20132012 IBC Amendments (Reason: To provide safe access to water heaters and to provide lighting and receptacle for maintenance of equipment. Consistent with regional amendments to IFGC 306.7 and IPC 502.5.) **Section 307.2.2; change to read as follows: 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or schedule 80 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, and temperature, and exposure rating of the installation. {Remaining language unchanged} (Reason: To provide greater flexibility of materials when exposed to ultra violet light.) **Section 307.2.3; amend item 2 to read as follows: 2. A separate overflow drain line shall be connected to the drain pan provided with the equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The overflow drain line shall connect to the drain pan at a higher level than the primary drain connection. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. (Reason: Greater specificity in prohibited locations for condensate discharge. Consistent with regional amendment to IPC 314.2.1.) **Section 403.2.1; add an item 5 to read as follows: 5. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (Reason: Consistent with common regional practice. Consistent with regional amendment to IRC R303.3.) **Section 501.2; add an exception to read as follows: 501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in Section 501.2.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawl space. Exceptions: 1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. 2. Commercial cooking recirculating systems. 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. (Reason: Provide a reasonable alternative in areas where a large volume of outside air is present.) Amendment Summary North Central Texas Council of Governments 40 September 11, 20132012 IBC Amendments **Section 607.5.1; change to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with listed fire dampers installed in accordance with their listing. For hazardous exhaust systems see Section 510.1-510.9 IMC. (Reason: Correspond with unamended IBC 710.7.) End of IMC amendments Amendment Summary North Central Texas Council of Governments 41 September 11, 20132012 IBC Amendments Recommended Amendments to the 2012 International Fuel Gas Code North Central Texas Council of Governments region The following sections, paragraphs, and sentences of the 2012 International Fuel Gas Code are hereby amended as follows: Standard type is text from the IFGC. Underlined type is text inserted. Lined through type is deleted text from IFGC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 code. **Section 101.2 {Local amendments to Section 101.2 may be necessary to correspond with the State Plumbing Licensing Law.} **Section 102.2; add an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. (Reason: Previous code provisions made unvented heater provisions retroactive except as provided for in local amendment. This amendment and amendment to IFGC 621.2 better clarify what the code already states: existing systems may stay unless considered unsafe.) **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenev er amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. (Reason: Legal wording to recognize locally adopted codes and amendments adopted with referenced codes.) **Section 304.10; change to read as follows: 304.10 Louvers and grilles. The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 75 50-percent free area. Screens shall have a mesh size not smaller than ¼ inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start -up and to shut down the main burner if the louvers close during operation. Amendment Summary North Central Texas Council of Governments 42 September 11, 20132012 IBC Amendments (Reason: This is the generally accepted practice in the region.) **Section 304.11; change #8 to read as follows: 304.11 Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the International Mechanical Code or of a material having equivalent corrosion resistance, strength and rigidity. Exception: Within dwellings units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the manufacturer’s instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining ground level or the manufacturer’s recommendation, whichever is more restrictive. (Reason: To recognize the manufacturer’s installation requirements.) ***Section 306.3; change to read as follows: [M] 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and or larger where such dimensions are not large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 5. A permanent stair. 6. A pull down stair with a minimum 300 lb (136 kg) capacity. 7. An access door from an upper floor level. Amendment Summary North Central Texas Council of Governments 43 September 11, 20132012 IBC Amendments 8. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to building conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 2. Where the passageway is not less than …{bulk of section to read the same}. (Reason: To provide a safe means of accessibility to appliances in attics and to allow for different types of construction limitations. Consistent with regional amendment to IMC 306.3.) ***Section 306.5; change to read as follows: [M] 306.5 Equipment and appliances on roofs or elevated structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an a permanent interior or exterior means of access shall be provided. Permanent exterior ladders providing roof access need not extend closer than 8 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). ... {bulk of section to read the same}. (Reason: To assure safe access to roof appliances. Consistent with IMC amendments.) **Section 306.5.1; change to read as follows: [M] 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. (Reason: To assure safe access to roof appliances. Consistent with IMC amendments.) **Section 306; add Section 306.7with exception and subsection 306.7.1 to read as follows: 306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger when approv ed by the code official) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. Amendment Summary North Central Texas Council of Governments 44 September 11, 20132012 IBC Amendments 306.7.1. Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. (Reason: To provide more stringent safe access to water heaters. Consistent with regional amendments to IPC 502.5 and IMC 306.6.) **Section 401.5; add a second paragraph to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" (Reason: To protect homeowners and plumbers.) **Section 402.3; add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" ( 18 EHD). (Reason: Pipe less than 1/2" has a history in this region of causing whistling.) ***Section 404.12; change to read as follows: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 458 mm) top of pipe below grade, except as provided for in Section 404.10.1. (Reason: To provide increased protection to piping systems and address reference number change.) ***Section 404.12.1; change to read as follows: 404.12.1 Individual outside appliances. Individual lines to outside lights, grills or other appliances shall be installed a minimum of 8 12 inches (203 mm) top of pipe below finished grade, provided that such installation is approved and is installed in locations not susceptible to physical damage. (Reason: To provide increased protection to piping systems and address reference number change.) **Section 406.1; change to read as follows: 406.1 General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 406.1.1 through 406.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. Amendment Summary North Central Texas Council of Governments 45 September 11, 20132012 IBC Amendments (Reason: To utilize language used in the IPC regarding who is responsible for testing procedures.) **Section 406.4; change to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Mechanical gauges used to measure test pressures shall have a range such that the highest end of the scale is not greater than five times the test pressure. (Reason: To require the use of more accurate diaphragm gauges. Spring gauges do not provide accurate measurement below approximately 17 psig.) **Section 406.4.1; change to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 1 1/2 times the proposed maximum working pressure, but no less than 3 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. (Reason: To provide for lesser pressures to coordinate with the use of more accurate diaphragm gauges.) **Section 406.4.2; change to read as follows: 406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (Delete remainder of section.) (Reason: To comply with accepted regional practices.) **Section 409.1; add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall Amendment Summary North Central Texas Council of Governments 46 September 11, 20132012 IBC Amendments be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. (Reason: To provide proper security to CSST valves. These standards were established in this region in 1999 when CSST was an emerging technology.) **Section 410.1; add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. (Reason: To require adequate access to regulators.) **Section 621.2; add exception as follows: 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. (Reason: Gives code official discretion.) **Section 624.1.1; change to read as follows: 624.1.1 Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code. (Reason: To clarify installation requirements. Also corresponds with amendments regarding water heater access.) END End of IFGC amendments Amendment Summary North Central Texas Council of Governments 47 September 11, 20132012 IBC Amendments Recommended Amendments to the 2011 National Electrical Code North Central Texas Council of Governments Region The following articles, paragraphs, and sentences of the 2011 National Electrical Code (NEC) are hereby amended as follows: Standard type is text from the NEC. Underlined type is text inserted. Lined through type is deleted text from NEC. A double asterisk (**) at the beginning of an article identifies an amendment carried over from the 2008 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2011 code. ***Article 100, Part I; amend the following definition: Intersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. (REASON FOR CHANGE: To allow for a termination point for other bonding conductors in addition to communication systems that are required by the various model codes.) ***Article 110.2; change the following to read as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Manufacturer’s self -certification of any equipment shall not be used as a basis for approval by the AHJ. Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval of unlisted equipment.) **Article 230.71(A); add the following exception: Exception: Multi-occupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. (REASON FOR CHANGE: This is currently the accepted installation practice of the region. No noteworthy complaints have surfaced. It is more reasonable than the current NEC requirements. It allows more than six disconnects grouped at one location. This also allows designers more flexibility in the placement of electrical meters and main service disconnects.) ***Article 240.91; delete the Article. Amendment Summary North Central Texas Council of Governments 48 September 11, 20132012 IBC Amendments (REASON FOR CHANGE: Present day equipment is not listed and has not been evaluated for the use. Removing this article may prevent both installers and AHJ’s from misapplying the Code.) **Article 300.11; add the following exception: Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire, with a maximum nominal metric designation 16 (trade size 1/2”). (REASON FOR CHANGE: To provide limited support of raceways and cables by ceiling grid support wire.) **Article 310.15(B)(7); change to read as follows: (7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(7), shall be…{text unchanged}…provided the requirements of 215.2, 220.61, and 230.42 are met. This Article shall not be used in conjunction with 220.82. (REASON FOR CHANGE: To provide a more reasonable margin of safety for dwelling service and feeder conductor allowable ampacities.) **Article 500.8(A)(3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation standards that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust- ignition proof equipment may not be suitable for use at temperatures lower than -25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Division 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: (1) Equipment listing or labeling (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self-evaluation or an owner's engineering judgment signed and sealed by a qualified Licensed Professional Engineer. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Guidelines for certificates may be found in ANSI/ISA 12.00.02, Certificate Standard for AEx Equipment for Hazardous (Classified) Locations. (REASON FOR CHANGE: To better define the qualifications for an engineering judgment.) Amendment Summary North Central Texas Council of Governments 49 September 11, 20132012 IBC Amendments **Article 505.7(A) changed to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenanc e of electrical equipment in hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persons Licensed Professional Engineer. (REASON FOR CHANGE: To better identify who is qualified to implement Zone Classification Systems.) ***Article 680.25(A) changed to read as follows: 680.25 Feeders. These provisions shall apply to any feeder on the supply side of panelboards supplying branch circuits for pool equipment covered in Part II of this article and on the load side of the service equipment or the source of a separately derived system. (A) Wiring Methods. (1) Feeders. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (1) Liquidtight flexible nonmetallic conduit (2) Rigid polyvinyl chloride conduit (3) Reinforced thermosetting resin conduit (4) Elect rical metallic tubing where installed on or within a building (5) Electrical nonmetallic tubing where installed within a building (6) Type MC cable where installed within a building and if not subject to corrosive environment (7) Nonmetallic-sheathed cable (8) Type SE cable Exception: An existing feeder between an existing remote panelboard and service equipment shall be permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment grounding conductor within its outer sheath. The equipment grounding conductor shall comply with 250.24(A)(5). (REASON FOR CHANGE: To allow for more flexibility of wiring methods associated with this type of installation.) END End of NEC amendments Ordinance 711 Page 1 of 47 TOWN OF WESTLAKE ORDINANCE NO. 711 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER 18 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES ADOPTING THE 2012 EDITIONS OF THE INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL BUILDING CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL MECHANICAL CODE, AND INTERNATIONAL ENERGY CONSERVATION CODE, ALONG WITH THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS TO SAID CODES; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government Code; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens, businesses and property owners in the Town of Westlake, to adopt the 2012 editions of the International Residential, Building, Plumbing, Fuel Gas, Mechanical and Energy Conservation Codes, and the 2011 edition of the National Electrical Code, to provide for the safety of the citizens and visitors of Westlake; and WHEREAS, upon the recommendation of the Westlake Director of Planning and Development, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that certain amendments to the International Codes that address concerns unique to the development within the Town of Westlake, be approved and adopted along with the adoption of the proposed codes; and WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to amend certain sections of the Code of Ordinances relative to the administration of these codes and the collection of fees for permitting, plan review, and inspection services. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the following sections of Chapter 18 of the Code of Ordinances, are hereby amended, to read as follows: Chapter 18 BUILDINGS AND BUILDING REGULATIONS* Ordinance 711 Page 2 of 47 ARTICLE I. IN GENERAL ARTICLE II. CODES Sec. 18-31. Adoption. The town adopts in their entirety the 2012 Edition of the International Residential Code, the 2012 Edition of the International Building Code, the 2012 Edition of the International Energy Conservation Code, the 2012 Edition of the International Fuel Gas Code, the 2012 Edition of the International Mechanical Code, the 2012 Edition of the International Plumbing Code and the 2011 Edition of the National Electrical Code, including the amendments to such codes as attached to this ordinance. Amendments to these codes, attached as Exhibit A, are to be kept on file and available in the office of the town secretary. Sec. 18-32. Permit Required. No person shall perform any work or supply any materials falling within the jurisdiction of one of the respective codes adopted under Section 13-31 without first having secured a permit in accordance with the applicable code. Sec. 18-33. - Penalty. That any person, either by himself or agent, and any firm, corporation or other entity who violates any of the provisions of the codes adopted in section 18-31 shall be deemed guilty of a misdemeanor and, upon conviction of any such violation, shall be punished as provided in section 1-9. In any case of a violation of any of the terms and provisions of the codes adopted by the ordinance, by any corporation, the officers and agents actively in charge of the business of such corporation shall be subject to the penalty provided in this section. Sec. 18-34. –Amendments to the 2012 International Building Code. The following sections, paragraphs, and sentences of the 2012 International Building Code are hereby amended as follows: Standard type is text from the IBC. Underlined type is text inserted. Lined through type is deleted text from IBC. A double asterisk (**) at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2012 code. Explanation of Options A and B: Please note that as there is a wide range in firefighting philosophies / capabilities of cities across the region, OPTION “A” and OPTION “B” are provided in the Fire and Building Code amendments. Jurisdictions should choose one or the other based on their firefighting philosophies / capabilities when adopting code amendments. Westlake is an option B jurisdiction. Local Amendments note. Ordinance 711 Page 3 of 47 1. All buildings are required to be protected by an automatic fire sprinkler system. See the Westlake Fire Code and amendments for provisions, and exceptions, relating to the requirements for the installation of Automatic Fire Sprinkler systems. **Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments to the referenced codes and standards have been adopted, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. **Section 101.4.7; add the following: 101.4.7 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. ** Section 103 and 103.1 amend to insert the Department Name SECTION 103 Town of Westlake Building Inspections Department 103.1 Creation of enforcement agency. The Town of Westlake Building Inspections Department is hereby created and the official in charge thereof shall be known as the Building Official. ***Section 104.10.1; jurisdictions may consider the option to amend or delete depending on local enforcement and flood hazard ordinances. ***Section 105.2; under sub-title entitled “Building” delete items 1, 2, 10 and 11 and re-number as follows: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). 2. Fence s not over 3 feet high. 3. 1. (Unchanged) 4. 2. (Unchanged) 5. 3. (Unchanged) 6. 4. (Unchanged) 7. 5. (Unchanged) 8. 6. (Unchanged) 9. 7. (Unchanged) 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Ordinance 711 Page 4 of 47 11. 8. (Unchanged) 12. 9. (Unchanged) 13. 10. (Unchanged) (Reason: Items deleted are for one- and two -family dwellings regulated by the International Residential Code. Accessory structures, fences and shade cloth structures would require a permit for commercial properties to ensure compliance with local ordinance, egress, accessibility, flame spread of fabric, wind/snow design load, etc.). **Section 109; add Section 109.7 to read as follows: 109.7 Re-inspection Fee. A fee as established by city council resolution may be charged when: 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; 3. City approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available for inspection when called; 5. The job site is red-tagged twice for the same item; 6. The original red tag has been removed from the job site. 7. Failure to maintain erosion control, trash control or tree protection. Any re-inspection fees assessed shall be paid before any more inspections are made on that job site. **Section 109; add Section 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows: 109.8 Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code or the city fee schedule as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. 109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed a fee as established by the city fee schedule. (Reason: This fee is not a fine or penalty but is designed to compensate for time and to remove incentive to attempt to evade permits and code compliance. Text taken from former Uniform Administrative Code.) ***Section 202; add definition of Assisting Living Facilities to read as follows. Ordinance 711 Page 5 of 47 ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. **Section 202; change definition of “Atrium” as follows: ATRIUM. An opening connecting two three or more stories… {Balance remains unchanged} HIGH-RISE BUILDING. A building with an occupied floor located more than 75 55 feet (22 860 mm) (16 764 mm) above the lowest level of fire department vehicle access. ***Section 303.1.3; add a sentence to read as follows: 303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy. except when applying the assembly requirements of Chapter 10 and 11. **Section 304.1; add the following to the list of occupancies: Fire stations Police stations with detention facilities for 5 or less **Section 403.1, Exception 3; change to read as follows: 3. Open air portions of buildings Buildings with a Group A-5 occupancy in accordance with Section 303.6. **Section 403.3, Exception; delete item 2. **Section 404.5; delete Exception. **Section 406.3.2; add item 3 to read as follows: 3. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). **Section 406.8; add a second paragraph to read as follows: This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. **Section 506.2.2; add sentence to read as follows: 506.2.2 Open Space Limits. Such open space shall be either on the same lot or dedicated for public use and shall be accessed from a street or approved fire lane. In order to be considered as Ordinance 711 Page 6 of 47 accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway meeting fire department access from the street or approved fire lane shall be provided. **Section 712.1.8, change item 5 to read as follows: 5. Is not open to a corridor in Group I and R H occupancies. **Section 713.14.1 Elevator Lobby. Exceptions: 4.3 change to read as follows: ***Section 713.14.1; Exception 4.3 Elevators serving floor levels over 75 55 feet (22 860 mm) (16 764 mm) above the lowest level of fire department vehicle access in high rise buildings. **Section 903.1.1; change to read as follows: [F] 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of addition to automatic sprinkler protection where recognized by the applicable standard and, or as approved by the fire code official. (Reason: Such alternative systems do not provide the reliability of automatic sprinkler protection in general. An applicant could pursue an Alternate Method request to help mitigate the reliability issues with these alternative systems with the fire code official if so desired, or ther e may be circumstances in which the fire code official is acceptable to allowing an alternate system in lieu of sprinklers, such as kitchen hoods or paint booths. This also meets with local practices in the region.) **Section 903.2; add the following: [F] 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Automatic Sprinklers shall not be installed in elevator machine rooms, elevat or machine spaces, and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating “ELEVATOR MACHINERY – NO STORAGE ALLOWED.” (Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of the International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to Section 3006.4, such that passive fire barriers for these areas are maintained. This also meets with local practices in the reg ion.) **Section 903.2; delete the exception. **Section 903.2.9; add Section 903.2.9.3 to read as follows: [F] 903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Ordinance 711 Page 7 of 47 Exception: One-story self-service storage facilities that have no interior corridors, with a one- hour fire barrier separation wall installed between every storage compartment. ***Section 903.3.1.1.1; change to read as follows: [F] 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such ...{text unchanged}… because it is damp, of fire -resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access Elevator machine rooms, machinery spaces, and hoistways,other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. 6. {Delete.} ***Section 903.3.1.2.2; add the following: [F]Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, open breezeways, and attached garages. **Section 903.3.1.3; add the following: [F] 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two -family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. **Section 903.3.5 Water Supplies; add a second paragraph to read as follows: [F] Water supply as required for such systems shall be provided in co nformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference Section IFC 507.4 for additional design requirements. **Section 903.4 Sprinkler system supervision and alarms; add a second paragraph after the exceptions to read as follows: [F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 Ordinance 711 Page 8 of 47 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 903.4.2 Alarms; add second paragraph to read as follows: [F] The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. **Section 905.2 Installation standard; change to read as follows: [F] 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. **Section 905.4, item 5; change to read as follows: [F] 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3- percent slope), each standpipe shall be provided with a two-way a hose connection shall be located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. **Section 905.4 Location of Class I standpipe hose connections; add the following item 7: [F] 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200’) intervals along major corridors thereafter. **Section 905.9 Valve supervision; add a second paragraph after the exceptions to read as follows: [F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler syst em and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Add Section 907.1.4 to read as follows: [F] 907.1.4 Design standards. All alarm systems new or replacement shall be addressable. Alarm systems serving more than 20 smoke detectors shall be analog addressable. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 Ordinance 711 Page 9 of 47 months of permit application. **Section 907.2.1; change to read as follows: [F] 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.9 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {unchanged.} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot -candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. **Section 907.2.3; change to read as follows: [F] 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. **Section 907.2.3; add exception 1.1 to read as follows: [F] Exceptions: 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of 30 or less when provided with an approved automatic sprinkler system. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) *** Section 907.4.2 Manual fire alarm boxes to read as follows: [F] {Text unchanged}……Sections 907.4.2.1 through 907.4.2. 6. 7 (Reason: Added number 907.4.2.7.) Ordinance 711 Page 10 of 47 ***Add Section 907.4.2.7 to read as follows: [F] 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. (Reason: Helps to reduce false alarms. Consistent with regional requirements.) **Add Section 907.6.1.1 to read as follows: [F] 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. **Add Section 907.6.5.3 to read as follows: [F] 907.6.5.3 Communication requirements. All alarm systems, new or replacement, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. **Section 910.1; change Exception 2 to read as follows: [F] 2. Where areas of buildings are equipped with early suppression fast -response (ESFR) sprinklers, automatic only manual smoke and heat vents shall not be required w ithin these areas. Automatic smoke and heat vents are prohibited. *** Section 910.2 Where required to read as follows: [F] {Text unchanged}……Sections 910.2.1 and through 910.2.2 4 **Add subsections 910.2.3 with exceptions to read as follows: [F] 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. Ordinance 711 Page 11 of 47 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. **Add subsections 910.2.4 to read as follows: [F] 910.2.4 Exit access travel distance increase. Buildings and portions thereof used as a Group F-1 or S-1 occupancy where the maximum exit access travel distance is increased in accordance with Section 1016.2.2. **Table 910.3; Change the title of the first row of the table from “Group F-1 and S-1” to include “Group H” and to read as follows: Group H, F-1 and S-1 **Add Section 912.2.3 to read as follows: [F] 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. **Section 913.1; add second paragraph and exception to read as follows: [F] When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by IFC Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by IFC Section 506.1. (Reason: This requirement allows fire fighters safer access to the fire pump room. The requirement allows access without being required to enter the building and locate the fire pump room interior access door during a fire event. The exception recognizes that this will not always be a feasible design scenario for some buildings, and as such, provides an acceptable alternative to protect the pathway to the fire pump room.) **Section 1007.1; add the following Exception 4: Exceptions: {previous exceptions unchanged} Ordinance 711 Page 12 of 47 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. *** Section 1007.5; Platform lifts, amend to read as follows: 1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.7 8, Items 1 through 9 10. Standby power . . {remainder unchanged} ***Section 1008.1.9.4; amend exceptions 3 and 4 as follows: Exceptions: 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy. {Remainder unchanged} 4. Where a pair of doors serves a Group A, B, F, M or S occupancy. {Remainder unchanged} **Section 1008.1.9.9; change to read as follows: 1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with an occupancy in Group A, B, E, I-1, I-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, I-1, I-2, M, R-1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed hardware that incorporates a built-in switch and meet the requirements below: {remaining text unchanged} **Section 1015; add new section 1015.7 to read as follows: 1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. (Reason: Cross reference necessary for coordination.) ***Section 1016; add new section 1016.2.2 to read as follows: 1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet (122 m) in Group F-1 or S-1 occupancies where all of the following are met: 1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height; 2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is 24 feet (7315 mm); and 3. The building is equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. ***Section 1018.1; add exception 6 to read as follows: {previous text unchanged} Ordinance 711 Page 13 of 47 6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not be of fire-resistive construction when the tenant space corridor is provided with system smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall activate alarms audible in all areas served by the corridor. **Section 1018.6; amend to read as follows: 1018.6, Corridor Continuity. Fire-Resistance-Rated All corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. {Remainder unchanged} {Exception unchanged} **Section 1026.6; amend exception 4 to read as follows: Exceptions: {Exceptions 1 through 3 unchanged} 4. Separation from the interior open-ended corridors of the building… {remaining text unchanged} ***Section 1028.1.1.1; delete. ***Section 1029.1; amend to read as follows: 1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R and I-1 Group R-2 occupancies in accordance with Tables 1021.2(1) and 1021.2(2) and Group R-3 occupancies. {Remainder unchanged} Exceptions: {Exceptions 1 through 3 unchanged.} 4. In other than Group R-3 occupancies, buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. **Section 1101.2; Add exception to read as follows: Exceptions: Projects registered with the Architectural Barriers Division of the Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this Chapter. ***Section 1203.1; amend to read as follows: ***1203.1 General. Buildings shall be provided with natural ventilation in accordance with Section 1203.4, or mechanical ventilation in accordance with the International Mechanical Code. Where air infiltration rate in a dwelling unit is less than 5 air changes or less per hour when Ordinance 711 Page 14 of 47 tested with a blower door at a pressure 0.2 inch w.c. (50 Pa) in accordance with Section 402.4.1.2 of the International Energy Conservation Code, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403 of the International Mechanical Code. ***Table 1505.1; delete footnote c and replace footnote b with the following: b. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq. ft. of protected roof area. When exceeding 120 sq. ft. of protected roof area, buildings of U occupancies may use non-rated non-combustible roof coverings. c. [delete] **Section 1505.7; delete the section **Section 1510.1; add a sentence to read as follows: 1510.1 General. Materials and methods of applications used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15. All individual replacement shingles or shakes shall be in compliance with the rating required by Table 1505.1. {text of exception unchanged} **Section 2901.1; add a sentence to read as follows: [P] 2901.1 Scope. {existing text to remain} The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. **Section 2902.1; add a second paragraph to read as follows: In other than E Occupancies, the minimum number of fixtures in Table 2902.1 may be lowered, if requested in writing, by the applicant stating reasons for a reduced number and approved by the Building Official. **Table 2902.1; change footnote f to read as follows: f. Drinking fountains are not required in M Occupancies with an occupant load of 100 or less, B Occupancies with an occupant load of 25 or less, and for dining and/or drinking establishments. ***Section 2902.1.3; add new Section 2902.1.3 to read as follows: 2902.1.3 Additional fixtures for food preparation facilities. In addition to the fixtures required in this Chapter, all food service facilities shall be provided with additional fixtures set out in this section. Ordinance 711 Page 15 of 47 2902.1.3.1 Hand washing lavatory. At least one hand washing lavatory shall be provided for use by employees that is accessible from food preparation, food dispensing and ware washing areas. Additional hand washing lavatories may be required based on convenience of use by employees. 2902.1.3.2 Service sink. In new or remodeled food service establishments, at least one service sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the <Jurisdiction’s> health department. **Section 3006.1; change to read as follows: 3006.1, General. Access Elevator machine rooms shall be provided. {Remainder unchanged.} **Section 3006.4 {3006.5 if previous amendment adopted}; add a sentence to read as follows and delete exceptions 1 and 2: [F] 3006.4. Machine Rooms and Machinery Spaces: {text unchanged}… Storage shall not be allowed within the elevator machine room. Provide approved signage at each entry door to the elevator machine room stating “Elevator Machinery – No Storage Allowed.” ***Section 3109.1; change to read as follows: 3109.1 General. Swimming pools shall comply with the requirements of sections 3109.2 through 3109.5 and other applicable sections of this code and complying with applicable state laws. (Reason: To recognize “state requirements”.) ***Section 3401.6 5 Alternative Compliance. Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter with prior approval from the Building Official. ***Section 3401.5 6 Dangerous Conditions. {Remainder unchanged.} Sec. 18-35. –Amendments to the 2012 International Residential Code. The following sections, paragraphs, and sentences of the 2012 International Residential Code are hereby amended as follows: Standard type is text from the IRC. Underlined type is text inserted. Lined through type is deleted text from IRC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several Ordinance 711 Page 16 of 47 jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. The energy provisions in Chapter 11 of the International Residential Code (IRC) now mirror the requirements of the International Energy Conservation Code (IECC). As such, there is no difference between Chapter 11 of the 2012 IRC and the 2012 IECC. Reference the 2012 IECC for NCTCOG recommended amendments to that code. **Section R102.4; change to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. **Section R202; change definition of "Townhouse" to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with a yard or public way on at least two sides. ***Table R301.2(1); fill in as follows: GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf SPEEDd (mph) Topographic Effectsk 5 lb/ft2 90 (3-sec-gust)/76 fastest mile No A SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termitec moderate 6” very heavy WINTER DESIGN TEMPe ICE BARRIER UNDER- LAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj 22oF No local code 150 64.9oF {No change to footnotes} **Section R302.1; add exception #6 to read as follows: Exceptions: {previous exceptions unchanged} 6. Open non-combustible carport structures may be constructed when also approved within Ordinance 711 Page 17 of 47 adopted ordinances. ***Section R302.2, Exception; change to read as follows: Exception: A common two-hour fire-resistance-rated wall assembly, or one-hour fire-resistance- rated wall assembly when equipped with a sprinkler system… {remainder unchanged} ***Section R302.2.4, Exception 5; change to read as follows: Exception: {previous exceptions unchanged} 5. Townhouses separated by a common 1-hour fire-resistance-rated wall as provided in Section R302.2. ***Section R302.3; add Exception #3 to read as follows: Exceptions: 1. {existing text unchanged} 2. {existing text unchanged} 3. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. ***Section R302.5.1; change to read as follows: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors equipped with a self-closing device. (Reason: Consistent with common local practice. Absence of data linking self-closing devices to increase safety. Self-closing devices often fail to close the door entirely.) ***Section R303.3, Exception; amend to read as follows: Exception: The glazed areas {remainder unchanged} unless the space contains only a water closet, a lavatory, or water closet and a lavatory may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. ***R303.4 Mechanical Ventilation; change to read as follows: Where the air infiltration rate of a dwelling unit is less than 5 air changes per hour or less when tested with a blower door at a pressure of 0.2 inch w.c. (50 Pa) in accordance with Section Ordinance 711 Page 18 of 47 N1102.4.1.2, the dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M1507.3. W***Section R311.7.3: add an exception to read as follows: Exception: The vertical rise between landings may be increased to 14 feet for winding stairways with handrails on both sides. (Reason: To accommodate the current trend of providing 12 foot ceiling heights.) W***Section R311.7.8: add an exception to read as follows: Exception: When the run is greater than twice the rise, handrails shall not be required for exterior stairways. ***Section R315.3, amend and add exceptions as follows: Where required in existing dwellings. Where work requiring a permit for an addition or an alteration that occurs in existing dwellings, that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1: Exceptions: 1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt from the requirements of this section. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section. (Reason: Consistent with exceptions in Section R314.3.1) ***Section R401.2, amended by adding a new paragraph following the existing paragraph to read as follows. Section R401.2. Requirements. {existing text unchanged} … Every foundation and/or footing, or any size addition to an existing post-tension foundation, regulated by this code shall be designed and sealed by a Texas-registered engineer. **Section 602.6.1; amend the following: R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 Ga) and 1 ½ inches (38) mm 5 inches (127 mm) wide shall be fastened across and Ordinance 711 Page 19 of 47 to the plate at each side of the opening with not less than eight 10d (0.148 inch diameter) having a minimum length of 1 ½ inches (38 mm) at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure R602.6.1. {remainder unchanged} **Figure R602.6.1; delete the figure and insert the following figure: **Section R602.10 Wall Bracing; add a second paragraph to read as follows: In stud framed exterior walls, all ties shall be anchored to studs as follows: As part of any wall bracing plan, continuous exterior sheathing with wood structural panels shall be required on all exterior walls. **Section R703.7.4.1; add a second paragraph to read as follows: Ordinance 711 Page 20 of 47 In stud framed exterior walls, all ties shall be anchored to studs as follows: 1. When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further apart than 24 in (737 mm) vertically starting approximately 12 in (381 mm) from the foundation; or 2. When studs are 24 in (610 mm) o.c., stud ties shall be spaced no further apart than 16 in (483 mm) vertically starting approximately 8 in (254 mm) from the foundation. (Reason: Provide easy to install and inspect dimensions to clarify how to anchor and to distinguish “studs” from other types of construction.) **Section R902.1; Amend and add exception #3 to read as follows: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B, or C roofing shall be installed in areas designated by law as requiring their use or when the edge of the roof is less than 3 feet from a lot line. {remainder unchanged} Exceptions: 1. {text unchanged} 2. {text unchanged} 3. {text unchanged} 4. Non-classified roof coverings shall be permitted on one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed (area defined by jurisdiction). (Reason: Consistent with regional practice. Language fits better in this section. Aligned the area and descript ion of the building to be consistent with the item #1 to Section R105.2) Part IV – Energy Conservation - Chapter 11 [RE} *** insert text to read as follows: Residential Provisions for Energy Efficiency (Reason: To remain consistent with IECC residential provisions.) ***Section M1305.1.3; change to read as follows: **Section M1411.3.1, Items 3 and 4; add text to read as follows: Ordinance 711 Page 21 of 47 M1411.3.1 Auxiliary and secondary drain systems. {bulk of paragraph unchanged} 1. {text unchanged} 2. {text unchanged} 3. An auxiliary drain pan… {bulk of text unchanged}… with Item 1 of this section. A water level detection device may be installed only with prior approval of the building official. 4. A water level detection device… {bulk of text unchanged}… overflow rim of such pan. A water level detection device may be installed only with prior approval of the building official. **Section M1411.3.1.1; add text to read as follows: M1411.3.1.1 Water-level monitoring devices. On down-flow units …{bulk of text unchanged}… installed in the drain line. A water level detection device may be installed only with prior approval of the building official. ***M1503.4 Makeup Air Required Amend and add exception as follows: M1503.4 Makeup air required. Exhaust hood systems capable of exhausting in excess of 400 cubic feet per minute (0.19 m3/s) shall be provided with makeup air at a rate approximately equal to the difference between the exhaust air rate and 400 cubic feet per minute. Such makeup air systems shall be equipped with a means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system. Exception: Where all appliances in the house are of sealed combustion, power-vent, unvented, or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute (0.28 m3/s) without providing makeup air. Exhaust hood systems capable of exhausting in excess of 600 cubic feet per minute (0.28 m3/s) shall be provided with a makeup air at a rate approximately equal to the difference between the exhaust air rate and 600 cubic feet per minute. **Section M2005.2; change to read as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self-closing device. Installation of direct- vent water heaters within an enclosure is not required. **Section G2408.3 (305.5); delete. **Section G2415.2.1 (404.2.1); add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: Ordinance 711 Page 22 of 47 "WARNING 1/2 to 5 psi gas pressure Do Not Remove" **Section G2415.2.2 (404.2.2); add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18 EDH). **Section G2415.12 (404.12); change to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) 18 inches (457 mm) below grade, except as provided for in Section G2415.12.1. ***Section G2415.12.1 (404.12.1); change to read as follows: G2415.12.1) Individual outside appliances. Individual lines to outside lights, grills or other appliances shall be installed a minimum of 8 12 inches (203 mm) below finished grade…. Rest unchanged. **Section G2417.1 (406.1); change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the building official when the piping system is ready for test ing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the follow ing tests. **Section G2417.4; change to read as follows: G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Mechanical gauges Gauges used to measure… {remainder unchanged} **Section G2417.4.1; change to read as follows: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), or at the discretion of the Building Official, the piping and valves may be tested at a pressure of Ordinance 711 Page 23 of 47 at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For tests requiring a pressure of 3 psig, mechanical gauges used to measure test pressures shall utilize a dial with a minimum diaphragm diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. have a range such that the highest end of the scale is not greater than five times the test pressure. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. **Section G2417.4.2; change to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Building Official, but in no case for be not less than 10 fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than thirty (30) minutes. **Section G2420.1 (406.1); add Section G2420.1.4 to read as follows: G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. ***Section G2420.5.1 (409.5.1); add text to read as follows: G2420.5.1 (409.5.1) Located within the same room. The shutoff valve …{bulk of paragraph unchanged}… in accordance with the appliance manufacturer’s instructions. A secondary shutoff valve must be installed within 3 feet (914 mm) of the firebox if appliance shutoff is located in the firebox. **Section G2421.1 (410.1); add text and Exception to read as follows: Ordinance 711 Page 24 of 47 G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be … {bulk of paragraph unchanged}… approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. **Section G2422.1.2.3 (411.1.3.3); delete Exception 1 and Exception 4. **Section G2445.2 (621.2); add Exception to read as follows: G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented room heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Building Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7 of the Fuel Gas Code. **Section G2448.1.1 (624.1.1); change to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. **Section P2801.6; add Exception to read as follows: Exceptions: 1. Electric Water Heater. **Section P2902.5.3; change to read as follows: P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. **Section P3005.2.6; change to read as follows: P3005.2.6 Base of stacks Upper Terminal. A cleanout shall be provided at the base of each waste or soil stack. Each horizontal drain shall be provided with a cleanout at its upper terminal. Ordinance 711 Page 25 of 47 Exception: Cleanouts may be omitted on a horizontal drain less than five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. **Section P3112.2; delete and replace with the following: P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty- five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. Sec. 18-36. –Amendments to the 2012 International Energy Conservation Code. The following articles, paragraphs, and sentences of the 2011 National Electrical Code (NEC) are hereby amended as follows: Standard type is text from the NEC. Underlined type is text inserted. Lined through type is deleted text from NEC. A double asterisk (**) at the beginning of an article identifies an amendment carried over from the 2008 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2011 code. ***Article 100, Part I; amend the following definition: Intersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. ***Article 110.2; change the following to read as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Ordinance 711 Page 26 of 47 Manufacturer’s self-certification of any equipment shall not be used as a basis for approval by the AHJ. Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. **Article 230.71(A); add the following exception: Exception: Multi-occupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. ***Article 240.91; delete the Article. (REASON FOR CHANGE: Present day equipment is not listed and has not been evaluat ed for the use. Removing this article may prevent both installers and AHJ’s from misapplying the Code.) **Article 300.11; add the following exception: Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire, with a maximum nominal metric designation 16 (trade size 1/2”). **Article 310.15(B)(7); change to read as follows: (7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(7), shall be…{text unchanged}…provided the requirements of 215.2, 220.61, and 230.42 are met. This Article shall not be used in conjunction with 220.82. **Article 500.8(A)(3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation standards that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust-ignition proof equipment may not be suitable for use at temperatures lower than - 25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient Ordinance 711 Page 27 of 47 temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Division 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: (1) Equipment listing or labeling (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self- evaluation or an owner's engineering judgment signed and sealed by a qualified Licensed Professional Engineer. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Guidelines for certificates may be found in ANSI/ISA 12.00.02, Certificate Standard for AEx Equipment for Hazardous (Classified) Locations. **Article 505.7(A) changed to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenance of electrical equipment in hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persons Licensed Professional Engineer. ***Article 680.25(A) changed to read as follows: 680.25 Feeders. These provisions shall apply to any feeder on the supply side of panelboards supplying branch circuits for pool equipment covered in Part II of this article and on the load side of the service equipment or the source of a separately derived system. (A) Wiring Methods. Ordinance 711 Page 28 of 47 (1) Feeders. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (1) Liquid tight flexible nonmetallic conduit (2) Rigid polyvinyl chloride conduit (3) Reinforced thermosetting resin conduit (4) Electrical metallic tubing where installed on or within a building (5) Electrical nonmetallic tubing where installed within a building (6) Type MC cable where installed within a building and if not subject to corrosive environment (7) Nonmetallic-sheathed cable (8) Type SE cable Exception: An existing feeder between an existing remote panelboard and service equipment shall be permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment grounding conductor within its outer sheath. The equipment grounding conductor shall comply with 250.24(A)(5). Sec 18-39. – Amendments to the 2012 International Mechanical Code. The following sections, paragraphs, and sentences of the 2012 International Mechanical Code are hereby amended as follows: Standard type is text from the IMC. Underlined type is text inserted. Lined through type is deleted text from the IMC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 edition of the code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Section 304.6; delete. ***Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . Ordinance 711 Page 29 of 47 {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. 4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to building conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed… {remainder of section unchanged} ***Section 306.5; change to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. . Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an a permanent interior or exterior means of access shall be provided. Permanent exterior ladders providing roof access need not extend closer than 8 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). ... {bulk of section to read the same}. **Section 306.5.1; change to read as follows: 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. **Section 306; add Section 306.6 to read as follows: Ordinance 711 Page 30 of 47 306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and the water heater installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. **Section 307.2.2; change to read as follows: 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or schedule 80 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, and temperature, and exposure rating of the installation. {Remaining language unchanged} **Section 307.2.3; amend item 2 to read as follows: 2. A separate overflow drain line shall be connected to the drain pan provided with the equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The overflow drain line shall connect to the drain pan at a higher level than the primary drain connection. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. **Section 403.2.1; add an item 5 to read as follows: 5. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. **Section 501.2; add an exception to read as follows: 501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in Section 501.2.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawl space. Exceptions: Ordinance 711 Page 31 of 47 1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. 2. Commercial cooking recirculating systems. 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. **Section 607.5.1; change to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with listed fire dampers installed in accordance with their listing. For hazardous exhaust systems see Section 510.1-510.9 IMC. Sec 18-40 – Amendments to the 2012 International Plumbing Code. The following sections, paragraphs, and sentences of the 2012 International Plumbing Code are hereby amended as follows: Standard type is text from the IPC. Underlined type is text inserted. Lined through type is deleted text from the IPC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 edition of the code. Note: Historically NCTCOG has limited Chapter 1 amendments in order to allow each city to insert their local policies and procedures. We now have suggested certain items to be brought to the attention of cities considering adoption of the code that may be of concern to several jurisdictions. It is still intended to be discretionary to each city to determine which Chapter 1 amendments to include. **Table of Contents, Chapter 7, Section 714; change to read as follows: 714 Engineered Computerized Drainage Design . . . .. . . . . . . . . . . . . . . 67 **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Sections 106.6.2 and 106.6.3; change to read as follows: 106.6.2 Fee schedule. The fees for all plumbing work shall be as indicated in the following Ordinance 711 Page 32 of 47 schedule: adopted by resolution of the governing body of the jurisdiction. 106.6.3 Fee Refunds. The code official shall establish a policy for authorize authorizing the refunding of fees as follows. {Delete balance of section} **Section 109; Delete entire section and insert the following: SECTION 109 MEANS OF APPEAL 109.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals established by ordinance. The board shall be governed by the enabling ordinance. **Section 305.6.1; change to read as follows: 305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of [number] inches (mm) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches (304 mm) below grade. **Section 305.9; change to read as follows: 305.9 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. ***Section 314.2.1; change to read as follows: 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. ... {text unchanged} ... Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. ***Section 314.2.2; change to read as follows: 314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC, or schedule 80 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, and temperature and exposure rating of the installation. Joints and connections shall be made in accordance with the applicable provisions of Chapter 7 relative to the material type. Condensate waste and drain line size shall not be less than ¾-inch (19 mm) internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal. Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with Table 314.2.2. All Ordinance 711 Page 33 of 47 horizontal sections of drain piping shall be installed in uniform alignment at a uniform slope. ***Section 401.1; add a sentence to read as follows: 401.1 Scope. This chapter shall govern the materials, design and installation of plumbing fixtures, faucets and fixture fittings in accordance with the type of occupancy, and shall provide for the minimum number of fixtures for various types of occupancies. The provisions of this Chapter coordinate with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. **Section 403.1; change to read as follows: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. **Section 405.6; delete. **Section 409.2; change to read as follows: 409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. **Section 412.4; change to read as follows: 412.4 Required location Public laundries and central washing facilities. Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains Ordinance 711 Page 34 of 47 located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter. 2. Commercial kitchens. In lieu of floor drains in commercial kitchens, the code official may accept floor sinks. **Section 419.3; change to read as follows: 419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. **Section 502.6; Add Section 502.6 to read as follows: 502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 502.6.1 Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.1. **Section 504.6; change to read as follows: 504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. located in the same room as the water heater. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions. 5. Discharge to the floor, to a an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. Ordinance 711 Page 35 of 47 9. Be installed so as to flow by gravity. 10. Not terminate lmore less than 6 inches or more than 24 inches (152 mm) above grade the floor or nor more than 6 inches above the waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves. 13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1. **Section 604.4; add Section 604.4.1 to read as follows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. ***Section 604.8; add Section 604.8.3 to read as follows: 604.8.3 Thermal expansion control. An expansion tank or approved device shall be installed for the water heater with the addition of a pressure reducing valve or regulator creating a closed system. **Section 606.1; delete items #4 and #5. **Section 606.2; change to read as follows: 606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations: 1. On the fixture supply to each plumbing fixture other than bathtubs and showers in one- and two -family residential occupancies, and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies. 2. On the water supply pipe to each sillcock. 3. On the water supply pip e to each appliance or mechanical equipment. **Section 608.1; change to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from non-potable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1, except and as specifically stated in Sections 608.2 through 608.16.10. **Section 608.16.5; change to read as follows: 608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric -type va cuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from Ordinance 711 Page 36 of 47 an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. ***Section 608.17; change to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and const ructed so as to be safeguarded against contamination in accordance with applicable local regulations. Installation shall be in accordance with Sections 608.17.1 through 608.17.8. **Section 610.1; add exception to read as follows: 610.1 General. New or repaired potable water systems shall be purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section. This requirement shall apply to “on-site” or “inplant” fabrication of a system or to a modular portion of a system. 1. The pipe system shall be flushed with clean, potable water until dirty water does not appear at the points of outlet. 2. The system or part thereof shall be filled with a water/chlorine solution containing at least 50 parts per million (50 mg/L) of chlorine, and the system or part thereof shall be valved off and allowed to stand for 24 hours; or the system or part thereof shall be filled with a water/chlorine solution containing at least 200 parts per million (200 mg/L) of chlorine and allowed to stand for 3 hours. 3. Following the required standing time, the system shall be flushed with clean potable water until the chlorine is purged from the system. 4. The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system. Exception: With prior approval the Code Official may wave this requirement when deemed un- necessary. by the Code Official. ***Section 712; change to read as follows: 712.3.3.1 Materials. Pipe and fitting materials shall be constructed of brass, copper, CPVC, duct ile iron, stainless steel, galvanized iron, PE, or PVC. **Section 712.5; add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any “public use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. Ordinance 711 Page 37 of 47 **Section 714, 714.1; change to read as follows: SECTION 714 ENGINEERED COMPUTERIZED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing, design and layout of the drainage system shall be permitted to be designed by approved computer design methods. **Section 802.4; add a sentence to the end of the paragraph to read as follows: 802.4 Standpipes. Standpipes shall be… {text unchanged} …drains for rodding. No standpipe shall be installed below the ground. **Section 903.1; change to read as follows: 903.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. **Section 1002.10; delete. ***Section 1101.8; change to read as follows: 1101.8 Cleanouts required. Cleanouts or manholes shall be installed in the building storm drainage system and shall comply with the provisions of this code for sanitary drainage pipe cleanouts. Exception: Subsurface drainage system **Section 1106.1; change to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour the 100-year hourly rainfall rate indicated in Figure 1106.1 or on other rainfall rates determined from approved local weather data. ***Section 1107.3; change to read as follows: 1107.3 Sizing o f secondary drains. Secondary (emergency) roof drain systems shall be sized in accordance with Section 1106 based on the rainfall rate for which the primary system is sized in Figure 1106.1 or on other rainfall rates determined from approved local weather data. Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by Section 1101.7. Scuppers shall not have an opening dimension of less than 4 inches (102 mm). The flow through the primary system shall not be considered when sizing the secondary roof drain system. Ordinance 711 Page 38 of 47 ***Section 1202.1; delete Exception 2. Sec 18-41 – Amendments to the 2011 National Electrical Code. The following articles, paragraphs, and sentences of the 2011 National Electrical Code (NEC) are hereby amended as follows: Standard type is text from the NEC. Underlined type is text inserted. Lined through type is deleted text from NEC. A double asterisk (**) at the beginning of an article identifies an amendment carried over from the 2008 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2011 code. ***Article 100, Part I; amend the following definition: Int ersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. ***Article 110.2; change the following to read as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Manufacturer’s self-certification of any equipment shall not be used as a basis for approval by the AHJ. Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. **Article 230.71(A); add the following exception: Exception: Multi-occupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. ***Article 240.91; delete the Article. **Article 300.11; add the following exception: Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire, with a Ordinance 711 Page 39 of 47 maximum nominal metric designation 16 (trade size 1/2”). **Article 310.15(B)(7); change to read as follows: (7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(7), shall be…{text unchanged}…provided the requirements of 215.2, 220.61, and 230.42 are met. This Article shall not be used in conjunction with 220.82. **Article 500.8(A)(3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation standards that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust-ignition proof equipment may not be suitable for use at temperatures lower than - 25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Division 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: (1) Equipment listing or labeling (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self- evaluation or an owner's engineering judgment signed and sealed by a qualified Licensed Professional Engineer. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Guidelines for certificates may be found in ANSI/ISA 12.00.02, Certificate Standard for AEx Equipment for Hazardous (Classified) Locations. **Article 505.7(A) changed to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenance of electrical equipment in Ordinance 711 Page 40 of 47 hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persons Licensed Professional Engineer. ***Article 680.25(A) changed to read as follows: 680.25 Feeders. These provisions shall apply to any feeder on the supply side of panelboards supplying branch circuits for pool equipment covered in Part II of this article and on the load side of the service equipment or the source of a separately derived system. (A) Wiring Methods. (1) Feeders. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (1) Liquidtight flexible nonmetallic conduit (2) Rigid polyvinyl chloride conduit (3) Reinforced thermosetting resin conduit (4) Electrical metallic tubing where installed on or within a building (5) Electrical nonmetallic tubing where installed within a building (6) Type MC cable where installed within a building and if not subject to corrosive environment (7) Nonmetallic-sheathed cable (8) Type SE cable Exception: An existing feeder between an existing remote panelboard and service equipment shall be permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment grounding conductor within its outer sheath. The equipment grounding conductor shall comply with 250.24(A)(5). Sec 18-42 – Amendments to the 2012 International Fuel Gas Code. The following sections, paragraphs, and sentences of the 2012 International Fuel Gas Code are hereby amended as follows: Standard type is text from the IFGC. Underlined type is text inserted. Lined through type is deleted text from IFGC. A double asterisk at the beginning of a section identifies an amendment carried over from the 2009 edition of the code and a triple asterisk identifies a new or revised amendment with the 2012 code. **Section 101.2 {Local amendments to Section 101.2 may be necessary to correspond with the State Plumbing Ordinance 711 Page 41 of 47 Licensing Law.} **Section 102.2; add an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. **Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Section 304.10; change to read as follows: 304.10 Louvers and grilles. The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 75 50-percent free area. Screens shall have a mesh size not smaller than ¼ inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start- up and to shut down the main burner if the louvers close during operation. **Section 304.11; change #8 to read as follows: 304.11 Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the International Mechanical Code or of a material having equivalent corrosion resistance, strength and rigidity. Exception: Within dwellings units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. Ordinance 711 Page 42 of 47 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the manufacturer’s instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining ground level or the manufacturer’s recommendation, whichever is more restrictive. ***Section 306.3; change to read as follows: [M] 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and or larger where such dimensions are not large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 5. A permanent stair. 6. A pull down stair with a minimum 300 lb (136 kg) capacity. 7. An access door from an upper floor level. 8. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to building conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 2. Where the passageway is not less than …{bulk of section to read the same}. ***Section 306.5; change to read as follows: [M] 306.5 Equipment and appliances on roofs or elevated structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an a permanent interior or exterior means of access shall be provided. Permanent exterior ladders providing roof access need not extend closer than 8 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). ... {bulk of section to read the same}. **Section 306.5.1; change to read as follows: [M] 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require Ordinance 711 Page 43 of 47 service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. **Section 306; add Section 306.7with exception and subsection 306.7.1 to read as follows: 306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger when approved by the code official) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.7.1. Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. **Section 401.5; add a second paragraph to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" **Section 402.3; add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" ( 18 EHD). ***Section 404.12; change to read as follows: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 458 mm) top of pipe below grade, except as provided for in Section 404.10.1. Ordinance 711 Page 44 of 47 ***Section 404.12.1; change to read as follows: 404.12.1 Individual outside appliances. Individual lines to outside lights, grills or other appliances shall be installed a minimum of 8 12 inches (203 mm) top of pipe below finished grade, provided that such installation is approved and is installed in locations not susceptible to physical damage. **Section 406.1; change to read as follows: 406.1 General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 406.1.1 through 406.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. **Section 406.4; change to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. Mechanical gauges used to measure test pressures shall have a range such that the highest end of the scale is not greater than five times the test pressure. **Section 406.4.1; change to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 1 1/2 times the proposed maximum working pressure, but no less than 3 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. Ordinance 711 Page 45 of 47 **Section 406.4.2; change to read as follows: 406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (Delete remainder of section.) **Section 409.1; add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved terminat ion fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the su pporting piping. **Section 410.1; add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. **Section 621.2; add exception as follows: 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. **Section 624.1.1; change to read as follows: 624.1.1 Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code. Secs. 18-43--18-60 Reserved SECTION 3: Any person, firm, or corporation who violates, disobeys, omits, neglects or Ordinance 711 Page 46 of 47 refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4: That all provisions of the Westlake Code of Ordinances not hereby amended shall remain in full force and effect. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted unt il final disposition by the courts. SECTION 7: The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, publication clause and the effective date of this ordinance. Ordinance 711 Page 47 of 47 SECTION 8: This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED THIS 16TH DAY OF SEPTEMBER 2013. __________________________________ Laura Wheat, Mayor ATTEST: ___________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Consider adoption of the FY 2014-2018 Capital Improvement Plan STAFF CONTACT: Debbie Piper, Finance Director DECISION POINTS Start Date Completion Date Timeframe: October 1, 2013 September 30, 2014 Capital Improvement Plan will be presented for adoption at the regular Town Council meeting. Funding: Amount - $17,867,561 Status- Funded Source- Capital Projects Fund Utility Fund Bonded Indebtedness Contributions Decision Alignment VVM Perspective Desired Outcome Service Excellence Financial Stewardship FS.Identify & Allocate Funding for Maintenance of Public Assets Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Staff presented for Council’s review and discussion the FY 2014-2018 Capital Improvement Plan (CIP) at the June 17, 2013 Council Meeting. The status of all projects in the CIP was discussed and no changes were submitted at that time. The “Proposed” CIP attached, is substantially the same document that was reviewed at that meeting with the following changes/additions: • Westlake Academy – Phase I Expansion – Additional expenditures of $2,064,355 and funding sources have been added after reviewing all bids submitted and working with the architects and CM at Risk through the value-engineering process. Once this process was completed, it was determined that the GMP (Guaranteed Maximum Price) would be greater than originally anticipated. ORGANIZATIONAL HISTORY/RECOMMENDATION The current CIP was adopted in April 2012 and funded with Capital Project fund balance, transfers from General Fund, funds from the Utility Fund and bond proceeds. The proposed CIP retains many of the same projects; it also recogniz es projects that were not contemplated or funded at the time. Staff recommends the approval and adoption of all funded projects as well as future deliberation regarding the prioritization and funding of the unfunded projects. ATTACHMENTS Ordinance XXX Proposed Capital Improvement Plan 2014 - 2018 Ordinance 712 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 712 AN ORDINANCE OF THE TOWN OF WESTLAKE PROVIDING FOR ADOPTION OF THE FY 2014-2018 CAPITAL IMPROVEMENT PLAN. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Westlake Town Council has identified having a capital improvement plan (CIP) for all Town infrastructure and public buildings needs; as being a positive planning tool; and, WHEREAS, the Westlake Town Council desires to utilize a CIP to plan for its capital improvement needs as well as the operations/maintenance costs associated with said capital improvement needs; and, WHEREAS, the Town Council has reviewed a draft CIP prepared by staff and determined such a CIP provides a valuable financial planning tool to plan for necessary infras tructure and public building construction needs as well as plan for the financial resources necessary to meet those needs; and, WHEREAS, the Town Council will review this CIP annually as a part of the budget preparation calendar and its fiscal policies; and, WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the attached Capital Improvement Plan attached hereto as Exhibit “A”. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 712 Page 2 of 2 SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 16th DAY OF SEPTEMBER 2013. _____________________________ ATT EST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town of Westlake 3 Village Circle #202 * Westlake, Tx 76262 Table of Contents 11.. IINNTTRROODDUUCCTTIIOONN Introduction 1 Funded and Proposed Capital Projects 7 Unfunded (Under Discussion) Capital Projects 8 22.. PPAA RRKKSS AANNDD RREECCRREEAATTIIOONN Overview 9 Funded Projects 10 Unfunded Projects (Under Discussion) 15 33.. FFAA CCIILLII TTII EESS Overview 17 Funded Projects 18 Unfunded Projects (Under Discussion) 21 44.. TTRRAA NNSSPPOORRTTAATTIIOONN IIMMPPRROOVVEEMMEENNTTSS Overview 29 Funded Projects 30 Unfunded Projects (Under Discussion) 40 55.. VVEEHHIICCLLEESS AA NNDD EEQQUUIIPPMMEENNTT Overview 41 Capital Maintenance & Replacement 42 Replacement & Depreciation Guidelines 43 66.. UUTTII LLII TTYY IIMMPPRROOVVEEMMEENNTTSS Overview 47 Funded Projects 48 Town of Westlake Vision Statement Westlake is an oasis of tranquility and natural beauty amidst an ever expanding urban landscape. Vision ~ Values ~ Mission The Town of Westlake Capital Improvement Plan is guided by the Town’s vision, core values and organizational mission. Our vision recognizes the attributes we cherish as a community and sets the standard for the Westlake that we want to see in the tomorrows that are yet to be. Mission Statement “On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location.” Vision Points ~ A SENSE OF PLACE ~ Distinctive neighborhoods, architecturally vibrant corporate campuses, grazing longhorns, soaring red-tailed hawks, meandering roads and trails, lined with natural stone and native oaks.  ~ WE ARE LEADERS ~ A premiere place to live, leadership in public education, corporate and governmental partnerships, and high development standards.  ~ WE ARE A CARING COMMUNITY ~ Informed residents, small town charm and values, historical preservation.  ~ EXEMPLARY GOVERNANCE ~ Town officials, both elected and appointed, exhibit respect, stewardship, vision, and transparency.  ~ SERVICE EXCELLENCE ~ Public service that is responsive and professional, while balancing efficiency, effectiveness and financial stewardship. Community Values Innovation  Educational Leaders  Family Friendly and Welcoming  Engaged Citizens  Preservation of Our Natural Beauty  Strong Aesthetic Standards  Transparent Government  Fiscal Responsibility  1 CAPITAL IMPROVEMENT PLAN Introduction This document provides a comprehensive plan of capital improvements that are to be undertaken by the Town over the next five (5) years. Cost estimates and financing methods for the improvements are included and are referenced by individual project. The development of the Town’s Capital Improvement Plan is one of the more complex and multi-faceted processes of the Town. Striking a balance between the needs and interests of the residents and the financial capacity of the Town is a challenging proposition. For this community vision to have meaning, it must be accompanied by deliberate planning that leads the organization and community to its desired future. This requires clearly defined goals, proactive strategies, committed leadership, effective management and above all, the resources to carry out these plans and objectives. What is a CIP? First, what it is not; a CIP (Capital Improvement Plan) is not a wish list, rather it is a realistic plan designed to fulfill the strategic goals and objectives necessary to achieve the mission and vision of the community. A CIP is a multi-year document that summarizes the capital needs of a community over a specific time period. It outlines the individual capital projects, their strategic value and relationship to the community’s long-term goals and objectives as well as the fiscal impact that they pose to the community. Why have a CIP? • Informs the employees, departments, elected officials and the public of an entity’s intent to invest in its infrastructure and community • Represents a long-term financial plan and identifies resources or financing strategies that an entity plans to use to fund the plan • Establishes priorities and serves as a planning document or blueprint for an organization’s investment in capital infrastructure both short-term and long-term • Provides a breakdown of major project costs and phasing as necessary • DOES NOT appropriate money CIP Prioritization Strategy – Preserve * Protect * Plan • Preserve the past by investing in the continued upgrade of town assets and infrastructure • Protect the present with improvements and/or additions to facilities, roads, and capital investments • Plan for the future of the organization What is a Capital Project? Capital includes all long-lived infrastructures such as water facilities, sewers, streets, parks and buildings along with major equipment like fire trucks, radio systems, vehicles, computers and fixtures. Capital projects are the individual action plans that make up a Capital Improvement Plan. The capital projects in this CIP have been categorized into the following groups: Parks & Recreation, Facilities, Transportation, Vehicles and Utilities. 2 Land, 25% Capital Improvements, 26% Buildings & Improvements, 38% Machinery & Equipment, 6% Wastewater Treatment Rights, 1% Construction in Progress, 4% Capital Assets By Major Category (per the FY2012 Comprehensive Annual Financial Report) Capital Assets by Category When most people think of the Town’s capital assets, they automatically think of the Westlake Academy campus. While the campus is certainly a very important and visible asset owned by the Town, it is but one of many. Included in the assets of the Town are all of the Town’s infrastructure such as its streets, water and sewer mains, vehicles and other equipment. In preparing this year’s CIP, the staff utilized our annual audit to determine value of the Town’s assets. The chart to the right depicts the Town’s capital assets from the Comprehensive Annual Financial Report (page 12) as of Fiscal Year Ended September 30, 2012. Funding Considerations In all communities the cost associated with capital projects far outweighs the available resources necessary to pay for them; in short there is not enough money. This requires prioritization of the projects based upon their perceived impact on the community. Due to the vast number of individual desires it is near impossible to satisfy everyone and requires a collaborative effort to create situations where the benefits are shared equitably with community stakeholders. In addition, dedicated revenues will, in most cases, determine which projects get funded. For example, the Utility Fund may only contribute towards capital projects that improve water and wastewater projects. Sources of Funding There are four primary funding sources for capital improvements: 1. Cash Funding (revenue sources such as sales, hotel/motel and property taxes) 2. State/Federal funding (public grants) 3. Private Funding (developmental impact fees or charitable donations) 4. Bond Issuance The proposed projects in this CIP rely on bond proceeds and other revenues in the Governmental and Enterprise Funds as well as contributions from corporate partners for funding. There are two types of bonds: General Obligation (GO) bonds which require voter approval and Certificates of Obligation (CO) bonds which do not require voter approval. The current CIP is funded primarily from four sources: Capital Projects & Utility funds (cash on hand), Contributions and CO bonds. How Inflation Impacts the CIP Inflation is defined as a rise in the price of all goods and services over time. This implies that the purchasing power, or value, of currency will decline in the future relative to costs. Therefore, more money will be required to fund CIP related expenditures and must be accounted for. This data is important in calculating the Town’s future liability; by utilizing inflation trends to calculate future capital replacement costs, we can determine how ‘waiting’ a year or more impacts the total project cost. Most are aware of the benefits of 3 $0 $3 $6 $9 $12 $15 FY 13/14FY 14/15FY 15/16FY 16/17FY 17/18 $11.156 $3.855 $0.269 $1.039 $1.549 $0.000 $3.527 $5.322 $5.544 $11.698 Funded vs Unfunded CIP Funded Unfunded Parks, Trails & Cemetery, 5% Facilities Improvements, 51% Transporation Improvements, 34% Utility Improvements, 9% Funded Projects by Major Category compounding when it comes to investing. Unfortunately, this same principle works in reverse as inflation causes costs to compound higher over time. Overview The Capital Improvement Plan for fiscal years 2013 through 2018 presents the Town’s plan for infrastructure development and improvements. On April 23, 2012, the Town Council adopted the second annual plan (FY 2012-2017). These original projects as well as additional staff recommended projects are included in this plan. The Capital Improvement Plan is evaluated annually by the Town leadership to determine the financial availability of resources for design, construction, operations, and maintenance. The following chart provides a graphical comparison of the previous capital improvement plans. The majority of capital improvements in Westlake have been unfunded. These projects represent capital needs that are subject to more discussion and are included to convey to the Town leaders and other interested parties the general parameters and breadth of those capital needs. These projects may be moved to the “Funded” section of this CIP in future years, depending on priorities, funding availability, and other considerations. Several of these projects such as the permanent fire station and municipal complex are multi-million dollar projects that have been carried forward since the Academy Complex was established. Balancing these priorities, while at the same time being cognizant of the fiscal challenges of our Town, means not all priorities can be addressed. Funded vs Unfunded (Under Discussion) Capital Improvements This multi-year capital plan will provide Council with a guide that communicates the program need or deficiency, as well as the funding requirements. It is important to note that projects which do not receive funding in a given year are moved out to the future years in order to communicate to those with decision making responsibility the need to provide necessary funding, or through evaluation, eliminate the project entirely. 4 Funding of Previously Adopted and Current Proposed Projects On page 6 of the Capital Improvement Plan adopted in April of 2012, it was noted that the Town staff anticipated issuing bonds in the amount of $2,095,000 in FY 13/14. Some of the approved projects have been shifted to future years due to various circumstances; therefore, we will not be issuing this debt in FY 13/14. Instead, we anticipate a $2.1M issuance in FY 14/15 and another in FY 16/17 in the amount of $2.6. These Certificates of Obligations along with cash previously approved and an additional $340K should cover the financing needs for the projects previously approved as well as the proposed projects included in this CIP. Previously Adopted Projects to be completed in FY 12/13 • Parks/Trails/Cemetery o Westlake Academy North Driveway Lighting • Transportation Improvements o Streets Survey o Stagecoach Hills Reconstruction/Drainage o Roanoke Road Reconstruction/Drainage North o Hwy 377 Westport Parkway Signal o Hillwood Projects • Utility Improvements o N1 Sewer Line Transfer I&I Repairs o Stagecoach Hills Waterline Phase II Previously Adopted Projects – To be completed in future years • Parks/Trails/Cemetery o Trail Connection at Hwy 114/Solana • Facilities Improvements o Westlake Academy – Phase I Expansion • Transportation Improvements o FM1938 Streetscape Improvements o SH114/Hwy170 Enhancements o Roanoke Road Reconstruction/Drainage South o Sam School Rd Reconstruction/Drainage o Dove Rd Reconstruction/Drainage (Vaquero/Terra Bella) • Utility Improvements o Ground Storage Tank o N1 Sewer Line Transfer 5 Proposed Projects - FY13/14 thru FY17/18 • Parks/Trails/Cemetery - $1,110,750 o Trail Connection at Hwy 114/Solona o Glenwyck Farms Park Improvements o Trail – Fidelity Campus to Westlake Parkway o Trail – Westlake Academy to Cemetery o Trail – Dove / Pearson / Aspen • Facilities Improvements - $8,865,893 o Westlake Academy West parking Improvements o Outdoor Warning System o Westlake Academy - Phase I Expansion • Transportation Improvements - $6,120,039 o FM1938 Streetscape Improvements o SH114/Hwy170 Enhancements o Roanoke Road Reconstruction & Drainage South o Sam School Rd Reconstruction & Drainage o Dove Rd Reconstruction & Drainage (Vaquero/Terra Bella) o HWY 377 Landscape Improvements o Ottinger Road Bridge Creek Crossing o Ottinger Road Reconstruction & Drainage o Wyck Hill Resurface o Pearson Lane Reconstruction & Drainage • Utility Improvements - $1,521,880 o TRA Assumption of N-1 Sewer Line o Ground Storage Tank Conclusions Capital Improvement Plans play an integral role in helping a municipality reach its stated strategic objectives. Equally important to the capital project development process are funding and economic considerations. Prudent financial stewardship should be based on cost minimization and long-range strategic capital preservation. While there are many methods for funding capital projects, consideration to who benefits from the project, the life of the capital asset and the affordability of the funding method are all important factors to consider. 6 ALL FUNDED AND PROPOSED CAPITAL PROJECTSFIVE YEAR PROJECTION TOTAL Page Proj Totals Thru FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FIVE YEAR PROJECTS No.No.Project Description FY 11/12 Estimated TOTAL COST CAPITAL PROJECT FUNDS 10 CP42 Trail Connection at Hwy 114/Solana - - 15,000 10,000 15,450 - - 40,450 40,450 11 CP50 Glenwyck Farms Park Improvements - - - 250,000 - - - 250,000 250,000 12 CP51 Trail - Fidelity to Westlake Pkwy - - - 270,600 - - - 270,600 270,600 13 CP52 Trail - Westlake Academy to Cemetery - - - - - - 276,100 276,100 276,100 14 CP53 Trail - Dove/Pearson/Aspen - - - - - 273,600 - 273,600 273,600 CY CP46 WA North Driveway Lighting - 40,000 - - - - - - 40,000 40,000 15,000 530,600 15,450 273,600 276,100 1,110,750 1,150,750 18 CP54 WA - West parking Improvements - - 200,000 - - - - 200,000 200,000 19 CP55 Outdoor Warning System - - 99,000 - - - - 99,000 99,000 CY CP29 WA Dining Hall Improvements 78,085 - - - - - - - 78,085 20 WA WA Expansion 36,398 1,662,064 7,795,950 1,069,942 - - - 8,865,892 10,564,355 1,069,942 - - - 30 CP20 FM1938 Streetscape Improvements 938,076 183,335 1,133,544 739,100 253,100 - - 2,125,744 3,247,155 CY CP26 Mahotea Boone Recon/Drain 88,191 - - - - - - - 88,191 CY CP28 Streets Survey 49,235 - - - - - - - 49,235 31 CP30 SH114/Hwy170 Enhancements 7,500 345,460 301,570 336,000 - - - 637,570 990,530 31 CP30 SH114/Hwy170 Enhancements 89,370 89,370 89,370 CY CP31 Stagecoach Hills Recon/Drain 413,926 84,974 - - - - - - 498,900 CY CP32 Roanoke Road Recon/Drain North 160,732 1,248 - - - - - - 161,980 CY CP33 Aspen Lane Recon/Drain 214,022 - - - - - - - 214,022 32 CP34 Roanoke Road Recon/Drain South 2,900 - - 453,000 - - - 453,000 455,900 33 CP40 Sam School Rd Recon/Drainage - - - 216,000 - - - 216,000 216,000 34 CP41 Dove Rd Recon/Drain (Vaq/TB) - - - 509,945 - - - 509,945 509,945 CY CP47 Hwy 377 Westport Parkway Signal 50,000 28,650 - - - - - - 78,650 35 CP56 HWY 377 Landscape Improvements - - - - - - 700,000 700,000 700,000 36 CP57 Ottinger Road Bridge Creek Crossing - - - - - 330,000 - 330,000 330,000 37 CP58 Ottinger Road Recon/Drainage - - - - - - 572,710 572,710 572,710 38 CP59 Wyck Hill Resurface - - - - - 54,450 - 54,450 54,450 39 CP60 Pearson Lane Recon/Drainage - - - - - 381,250 - 381,250 381,250 CY CP45 Hillwood Projects 99,648 168,859 - - - - - - 268,507 CY CP45 Hillwood Projects - 861,583 - - - - - - 861,583 1,524,484 2,254,045 253,100 765,700 1,272,710 6,070,039 9,768,379 TOTAL CAPITAL PROJECTS FUNDS 2,138,714 3,376,173 9,634,434 3,854,587 268,550 1,039,300 1,548,810 16,345,681 21,860,569 UTILITY FUND 500 48 UF30 TRA Assumption of N-1 Sewer Line - - 82,967 - - - - 82,967 82,967 CY UF31 N1 Sewer Line Transfer I&I Repairs 171,122 75,004 - - - - - - 246,126 49 UF36 Ground Storage Tank (Bonds)3,088 58,000 938,913 - - - - 938,913 1,000,001 49 UF36 Ground Storage Tank (Cash)- - 500,000 - - - - 500,000 500,000 CY UF37 SC Hills Waterline Phase II 234,381 42,420 - - - - - - 276,801 TOTAL UTILITY FUND 408,590 175,424 1,521,880 - - - 1,521,880 2,105,894 2,547,304 3,551,598 11,156,314 3,854,587 268,550 1,039,300 1,548,810 17,867,561 23,966,463 Totals Thru FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FIVE YEAR FY 11/12 Estimated TOTAL TOTAL Previously Adopted Projects Cash 1,343,579 1,202,343 672,337 567,100 253,100 - - 1,492,537 4,038,458 Contributions Cash 1,133,544 172,000 1,305,544 1,305,544 FY 10/11 - $2.095M Bonds previously issued Bonds 1,164,239 629,191 301,570 - - - - 301,570 2,095,000 FY 12/13 - $9.500M Bonds previously issued Bonds 39,486 1,720,064 8,734,863 1,069,942 - - - 9,804,805 11,564,355 FY 14/15 - New Projects Bonds - - - 2,035,545 - - - 2,035,545 2,035,545 FY 16/17 - New Projects Bonds - - - - - 1,039,300 1,548,810 2,588,110 2,588,110 New Projects Cash - - 314,000 10,000 15,450 - - 339,450 339,450 TOTAL $ 2,547,304 $ 3,551,598 $ 11,156,314 $ 3,854,587 $ 268,550 $ 1,039,300 $ 1,548,810 $ 17,867,561 $ 23,966,463 8,094,950 9,164,892 - - - - - - - - - - - - Five Year Projection - - - - - - - - - - TOTAL FUNDED CAPITAL PROJECTS  new project added this year Sub-Total - Park/Trails/Cemetery Sub-Total - Road/Street Improvements Sub-Total - Facilities Improvements - - - - - - - - - - - - Five Year Projection - - - - - - - - - - - - 114,483 2,024,231 1,674,109 1,662,064 10,941,440 7 ALL UNFUNDED (UNDER DISCUSSION) CAPITAL PROJECTSFIVE YEAR PROJECTION Page Proj Totals Thru FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 GRAND No.No.Project Description FY 11/12 Estimated TOTAL 15 Cemetery Improvements - - - 63,000 31,800 125,000 125,000 344,800 16 10-20 Acre Community Park - - - 3,120,000 1,620,000 - - 4,740,000 Total Park/Trails/Cemetery - - - 3,183,000 1,651,800 125,000 125,000 5,084,800 21 Municipal Building - - - 344,100 3,242,100 - - 3,586,200 22 Fire Station Complex - - - - 372,000 4,798,560 - 5,170,560 23 Maintenance and Storage Facility - - - - - - 10,000 10,000 24 WA - Sport Field Complex - - - - - 83,750 2,856,000 2,939,750 25 WA Phase II - 15 classroom Secondary Addition - - - - 56,343 2,513,100 - 2,569,443 26 WA Phase II - 4 Classroom Kindergarten Addition - - - - - 1,023,620 - 1,023,620 27 WA Phase III - Art & Science Classrooms - - - - - - 1,878,080 1,878,080 28 WA Phase III - Performing Arts Center - - - - - - 4,809,600 4,809,600 Total Facilities Improvements - - - 344,100 3,670,443 8,419,030 9,553,680 21,987,253 40 Dove & Randol Mill Traffic Circle - - - - - - 2,019,600 2,019,600 Total Road/Street Improvements - - - - - - 2,019,600 2,019,600 TOTAL UNFUNDED (UNDER DISCUSSION) CAPITAL PROJECTS -$ -$ -$ 3,527,100$ 5,322,243$ 8,544,030$ 11,698,280$ 29,091,653$  new project added this year - - - - - - - - - - - - Five Year Projection - - - - - - - - - - - 8 PARKS AND RECREATION OVERVIEW The Parks & Recreation Department is responsible for maintaining the Town’s parks and trails. The Town of Westlake provides residents with one Town Park which is located near the Glenwyck subdivision. The Town also maintains several trails located near the Glenwyck and Vaquero subdivisions. While many more trails have been discussed, no funding has been provided in recent years. In recent resident surveys parks and trails have consistently rated as high priority/low satisfaction items suggesting a need for improvement. One of the goals of the current CIP is to begin creating the trails that will provide connectivity from the Town’s West side to its Eastern limits as well as interconnectivity with neighboring jurisdiction’s trail systems. Adopted Projects – CIP FY 12-17 Projects to be completed in FY 12-13 • Westlake Academy North Driveway Lighting Projects to be completed in future years • Trail Connection at Hwy 114/Solana Proposed Projects – CIP FY 13-18 • Trail Connection at Hwy 114 /Solana • Glenwyck Farms Park Improvements • Trail - Fidelity Campus to Westlake Parkway • Trail - Westlake Academy to Cemetery • Trail - Dove / Pearson/ Aspen Unfunded (Under Discussion) Projects • Cemetery Improvements • 10-20 Acre Community Park 9 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 10,000 - - - - 10,000 Construction - 15,000 - 15,450 - - - 30,450 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - 15,000 10,000 15,450 - - - 40,450 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2011 CO $2.095M - 15,000 - - - - - 15,000 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - 15,000 - - - - 15,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - - - - - 5 Year Projection PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET PROJECT EXPENSE FUNDED CAPITAL IMPROVEMENT Trail Connection at 114/Solana This project will be a cooperative effort between Westlake, Trophy Club, and Southlake consisting of the design and engineering of an intra-city trail system. The engineering/design costs will be shared with all cities. Construction and landscaping are estimated costs until engineering and design are completed. The Town continues to work with Cassidy Turley to construct the trail between Sam School Road and Hwy 114. 5 Year Projection 10 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - 10,000 - - - 10,000 Construction - - - 240,000 - - - 240,000 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - 250,000 - - - 250,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2014/15 CO $2.1M - - - 250,000 - - - 250,000 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - 250,000 - - - 250,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - 1,030 1,590 2,180 2,800 7,600 Services - - - 1,030 1,060 1,090 1,120 4,300 Insurance - - - 258 265 273 280 1,075 Repair & Maintenance - - - 1,030 1,590 2,180 2,800 7,600 Rent & Utilities - - - 2,060 2,120 2,180 2,240 8,600 Debt Service - - - - - - - - OPERATING IMPACT - - - 5,408 6,625 7,903 9,240 29,175 FUNDED CAPITAL IMPROVEMENT Glenwyck Farms Park Improvements 5 Year Projection 5 Year Projection 5 Year Projection PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET Purchase of playground equipment, benches and ammmenities to be located along the current GlenWyck Farms and Terra Bella trail systems. This project would include additional features along trails, i.e. park benches, trash cans, stretching stations, mile markers, lighting and way finding signs etc. 11 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - 20,800 - - - 20,800 Construction - - - 208,000 - - - 208,000 Design - - - 41,800 - - - 41,800 Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - 270,600 - - - 270,600 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2014/15 CO $2.1M - - - 270,600 - - - 270,600 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - 270,600 - - - 270,600 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - 2,060 2,120 2,180 2,240 8,600 Insurance - - - - - - - - Repair & Maintenance - - - 1,545 1,590 1,635 1,680 6,450 Rent & Utilities - - - 7,210 7,420 7,630 7,840 30,100 Debt Service - - - - - - - - OPERATING IMPACT - - - 10,815 11,130 11,445 11,760 45,150 FUNDED CAPITAL IMPROVEMENT 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection Trail - Fidelity Campus to Westlake Parkway on 114 PROJECT EXPENSE 5 Year Projection PROJECT FUNDING This project will provide connectivity from Hwy 114 to Capital Parkway along the east side of Westlake Parkway. 12 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - 21,100 21,100 Construction - - - - - - 212,000 212,000 Design - - - - - - 43,000 43,000 Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - - 276,100 276,100 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2017/18 CO $2.6M - - - - - - 276,100 276,100 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - - 276,100 276,100 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - 3,360 3,360 Insurance - - - - - - - - Repair & Maintenance - - - - - - 896 896 Rent & Utilities - - - - - - 8,960 8,960 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 13,216 13,216 FUNDED CAPITAL IMPROVEMENT Trail - Westlake Academy to Cemetery 5 Year Projection 5 Year Projection 5 Year Projection PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET This project will provide East to West interconnectivity within the Westlake trail system. Includes a primitive trail head on the Southeast corner of the cemetery property (primitive parking, restroom and water fountain). 13 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - 21,000 - 21,000 Construction - - - - - 210,000 - 210,000 Design - - - - - - - - Contingency - - - - - 42,600 - 42,600 Other - - - - - - - - EXPENDITURES TOTAL - - - - - 273,600 - 273,600 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2017/18 CO $2.6M - - - - - 273,600 - 273,600 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - 273,600 - 273,600 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - 924 1,035 1,959 Insurance - - - - - - - - Repair & Maintenance - - - - - 4,044 4,529 8,573 Rent & Utilities - - - - - 8,720 8,960 17,680 Debt Service - - - - - - - - OPERATING IMPACT - - - - - 13,688 14,524 28,212 FUNDED CAPITAL IMPROVEMENT 5 Year Projection PROJECT EXPENSE 5 Year Projection Trail - Dove Road / Pearson Road / Aspen Lane PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET This project will provide connectivity from Aspen Lane north to Dove Road along the east side of Pearson Road. This will include crosswalk devices at the corner of Dove and Pearson. This project will be completed in conjunction with the Pearson Lane Reconstruction & Drainage to keep costs at a minimum. 14 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - - - Construction - - - 60,000 60,000 60,000 60,000 329,050 Design - - - 15,750 - - - 15,750 Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - 63,000 31,800 125,000 125,000 344,800 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - 63,000 31,800 125,000 125,000 344,800 Other - - - - - - - - FUNDING TOTAL - - - 63,000 31,800 125,000 125,000 344,800 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - 5,450 5,600 11,050 Insurance - - - - - - - - Repair & Maintenance - - - - - 16,350 16,800 33,150 Rent & Utilities - - - - - - - - Debt Service - - - - - - - - OPERATING IMPACT - - - - - 21,800 22,400 44,200 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection Cemetery Improvements PROJECT EXPENSE 5 Year Projection PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET These improvements will consist of section markers, roadways and landscaping. The project also anticipates a future trail head with rest facilities that will accomodate the future cemetery/academy trail. Based on current funding sources, this project will be dependent upon the future sale of plots. The project would be completed in four phases. Phase I & II road improvemants, Phase III & IV landscape and trailer improvements. 15 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - 60,000 60,000 - - 120,000 Construction - - - - 1,500,000 - - 1,500,000 Design - - - 60,000 60,000 - - 120,000 Contingency - - - - - - - - Other - land purchase - - - 3,000,000 - - - 3,000,000 EXPENDITURES TOTAL - - - 3,120,000 1,620,000 - - 4,740,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - 3,120,000 1,620,000 - - 4,740,000 Other - - - - - - - - FUNDING TOTAL - - - 3,120,000 1,620,000 - - 4,740,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - 2,725 2,800 5,525 Services - - - - - 16,350 16,800 33,150 Insurance - - - - - - - - Repair & Maintenance - - - - - 2,725 2,800 5,525 Rent & Utilities - - - - - 8,720 8,960 17,680 Debt Service - - - - - - - - OPERATING IMPACT - - - - - 30,520 31,360 61,880 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 10-20 Acre Community Park This project would include the purchase of 10 to 20 acres of open space with the ability to add amenities such as small covered pavilions, trail head, playground stations, sports fields, general use open spaces, dog park, restroom and parking. PROJECT EXPENSE 5 Year Projection 16 FACILITIES OVERVIEW Currently, The Town of Westlake owns and operates three facilities: the Westlake Academy, the temporary buildings that house our emergency services personnel and equipment, and the Parchment house which is currently being utilized for storage. The Town also leases approximately 12,000 square feet of office space. This Capital Improvement Plan proposes increasing the number of buildings on the Westlake Academy campus as well as providing new municipal buildings for staff and community events. Adopted Project Projects to be completed in FY 13-14 and future years • Westlake Academy – Phase I Expansion Proposed Projects – CIP FY 13-18 • WA - West Parking Improvements • Outdoor Warning System Unfunded (Under Discussion) Projects • Municipal Building • Fire Station Complex • Maintenance and Storage Facility • WA - Sport field complex • WA Phase II - 15 classroom Secondary Addition • WA Phase II - 4 Classroom Kindergarten Addition • WA Phase III - Art & Science Classrooms • WA Phase III – Performing Arts Center 17 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 30,000 - - - - 30,000 Construction - - 170,000 - - - - 170,000 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - 200,000 - - - - 200,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 200,000 - - - - 200,000 Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - 200,000 - - - - 200,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - 250 258 265 273 280 1,325 Insurance - - - - - - - - Repair & Maintenance - - 750 773 795 818 840 3,975 Rent & Utilities - - 1,000 1,030 1,060 1,090 1,120 5,300 Debt Service - - - - - - - - OPERATING IMPACT - - 2,000 2,060 2,120 2,180 2,240 10,600 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Westlake Academy - West Parking Improvements The west parking area was constructed in the summer of 2006 as a temporary asphalt parking lot for pick-up and drop-off of students. Improvements include curbs, landscape islands, sidewalks and lighting. The parking lot does not meet the required Town development standards for new construction. The projected expense below includes the following: curb only, lighting, landscaping, additional two inches of asphalt, striping and marking. PROJECT EXPENSE 5 Year Projection 18 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - - - Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other (Equipment) - - 99,000 - - - - 99,000 EXPENDITURES TOTAL - - 99,000 - - - - 99,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 99,000 - - - - 99,000 Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - 99,000 - - - - 99,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - 1,000 1,000 1,000 1,000 4,000 Rent & Utilities - - 300 600 900 900 900 3,600 Debt Service - - - - - - - - OPERATING IMPACT - - 300 1,600 1,900 1,900 1,900 7,600 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Outdoor Warning System Promote Community Health, Safety, and Welfare is a focus point in the Strategic Plan. Within that focus point is the Strategic Issue "Public Safety and Emergency Preparedness" The strategy is to provide a safe community for our residents and business partners. Building an effective Emergency Warning Notification System will enhance the Town's ability to ensure the safety of the community. An Outdoor Warning System will provide notification of approaching severe storms to the active outdoor population such as school children, joggers, golfers, workers, citizens engaged in outdoor activities around their homes, etc. PROJECT EXPENSE 5 Year Projection 19 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 43215 4,940 50,000 45,060 - - - - 100,000 Construction 46195 - 900,902 6,962,881 1,050,000 - - - 8,913,783 FF&E 47415 - 99,623 474,209 - - - - 573,832 Design 43248 31,458 200,000 198,600 19,942 - - - 450,000 Contingency 43520 - - 115,200 - - - - 115,200 Portables 73000 - 375,141 - - - - - 375,141 Transfers Out - 36,398 - - - - - 36,398 EXPENDITURES TOTAL 36,398 1,662,064 7,795,950 1,069,942 - - - 10,564,355 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers 36,398 - 500,000 - - - - 536,398 Contributions/Grants - 1,000,000 - - - - - 1,000,000 BB&P Master Plan Correction 225,000 - - - - - 225,000 BB&P Note Payable 366,774 - - - - - 366,774 Bond Proceeds $8.5M - 8,501,035 - - - - - 8,501,035 Interest Earned - 5,000 5,000 - - - - 10,000 FUNDING TOTAL 36,398 10,097,809 505,000 - - - - 10,639,207 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - 10,000 10,600 11,236 11,910 12,625 56,371 Services - - 5,000 5,300 5,618 5,955 6,312 28,185 Insurance - - - 1,000 1,060 1,124 1,191 4,375 Repair & Maintenance - - 8,000 8,480 8,989 9,528 10,100 45,097 Rent & Utilities - - - 20,000 20,600 21,200 22,472 84,272 Misc - - 10,000 10,600 11,236 11,910 12,625 56,371 OPERATING IMPACT - - 33,000 55,980 58,739 61,627 65,325 274,671 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection FUNDED CAPITAL IMPROVEMENT Westlake Academy - Phase I Expansion This project consists of the construction of three buildings: 1) Multi-purpose hall, portable stage, storage and catering kitchen for dining and general purposes at approx. 8,600 sf. 2) Three story Secondary School at apprx. 19,400 sf. Includes 12 classrooms, flex and office space. Designed to allow for future addition if needed. 3) Fieldhouse at approx. 8,600 sf. which will house locker rooms to be used for both athletics and PE, storage for equipment, offices, classrooms and space to be used for the PE program. PROJECT EXPENSE 5 Year Projection 20 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 344,100 86,000 - - - 430,100 Construction - - - 2,890,100 - - - 2,890,100 Design - - - 166,000 - - - 166,000 Contingency - - - - - - - - Other (FF&E) - - - 100,000 - - - 100,000 EXPENDITURES TOTAL - - 344,100 3,242,100 - - - 3,586,200 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - 344,100 3,242,100 - - - 3,586,200 Other - - - - - - - - FUNDING TOTAL - - 344,100 3,242,100 - - - 3,586,200 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - 6,180 2,000 2,000 2,240 12,420 Services - - - 8,240 8,480 8,720 8,960 34,400 Insurance - - - 515 530 545 560 2,150 Repair & Maintenance - - - - 24,380 25,070 25,760 75,210 Rent & Utilities - - - 5,150 21,200 21,800 22,400 70,550 Debt Service - - - - - - - - OPERATING IMPACT - - - 20,085 56,590 58,135 59,920 194,730 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection Municipal Building PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET 5 Year Projection 5 Year Projection This project consists of the construction of a new Town Hall that will serve both staff and the community. The building will be 2 stories and approximately 16,000 square feet in size contain all municipal functions, including court. The total estimated construction cost is $3,500,000. This would be a joint effort between the Entrada development and the Town. 21 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - 52,500 21,100 - 73,600 Construction - - - - - 3,816,000 - 3,816,000 Design - - - - 319,500 215,000 - 534,500 Contingency - - - - - 50,160 - 50,160 Other - - - - - 696,300 - 696,300 EXPENDITURES TOTAL - - - - 372,000 4,798,560 - 5,170,560 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - 372,000 4,798,560 - 5,170,560 Other - - - - - - - - FUNDING TOTAL - - - - 372,000 4,798,560 - 5,170,560 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - 4,000 4,480 8,480 Services - - - - - 6,000 6,720 12,720 Insurance - - - - - 1,000 1,120 2,120 Repair & Maintenance - - - - - 52,320 53,760 106,080 Rent & Utilities - - - - - 15,000 16,800 31,800 Debt Service - - - - - - - - OPERATING IMPACT - - - - - 78,320 82,880 161,200 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection PROJECT FUNDING IMPACT ON OPERATING BUDGET Fire Station Complex PROJECT EXPENSE 5 Year Projection 5 Year Projection This project will provide a 14,000 square foot fire station including four bays, sleeping area, meeting room, kitchen, storage and two offices. Anticipate land to be contributed. 22 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - - - Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Building retrofit - - - - - - 10,000 10,000 EXPENDITURES TOTAL - - - - - - 10,000 10,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - - 10,000 10,000 Other - - - - - - - - FUNDING TOTAL - - - - - - 10,000 10,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - 5,000 5,000 Services - - - - - - 500 500 Insurance - - - - - - 500 500 Repair & Maintenance - - - - - - 2,000 2,000 Rent & Utilities - - - - - - 5,000 5,000 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 13,000 13,000 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT Maintenance & Storage Facility The proposed Maintenance and Public Works facility would utilize the existing Fire Department engine bay once new permanent Fire Station has been constructed. PROJECT EXPENSE 5 Year Projection 23 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - 54,500 56,000 110,500 Construction - - - - - - 2,800,000 2,800,000 Design - - - - - 29,250 - 29,250 Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - 83,750 2,856,000 2,939,750 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - 83,750 2,856,000 2,939,750 Other - - - - - - - - FUNDING TOTAL - - - - - 83,750 2,856,000 2,939,750 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - 10,000 10,000 Services - - - - - - 20,000 20,000 Insurance - - - - - - 1,000 1,000 Repair & Maintenance - - - - - - 8,000 8,000 Rent & Utilities - - - - - - 15,000 15,000 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 54,001 54,001 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection Westlake Academy - Sports Field Complex PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection 5 Year Projection This 12 -14 acre outdoor sports complex project would include: one 11 man football field with a running track, cross country trail, outdoor tennis and basketball courts, baseball and softball fields. The project would include restrooms, concession area with outdoor eating area and parking. This facility would provide programs and activities to the Westlake Community and Westlake Academy. Land is anticipated to be donated. 24 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - 56,343 111,331 - 167,674 Construction - - - - - 2,226,638 - 2,226,638 Design - - - - - 175,131 - 175,131 Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - 56,343 2,513,100 - 2,569,443 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - 56,343 2,513,100 - 2,569,443 Other - - - - - - - - FUNDING TOTAL - - - - 56,343 2,513,100 - 2,569,443 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - 4,000 4,000 Services - - - - - - 20,000 20,000 Insurance - - - - - - 2,000 2,000 Repair & Maintenance - - - - - - 15,000 15,000 Rent & Utilities - - - - - 10,000 11,200 21,200 Debt Service - - - - - - - - OPERATING IMPACT - - - - - 10,000 52,200 62,200 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection Westlake Academy - Phase II - 15 Classroom Secondary Addition PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection 5 Year Projection As part of Phase II of the Westlake Academy Master Plan, this project includes a 15 classroom addition to the Secondary School. The building will total approximately 11,000 sq. feet and will be attached onto the north side of the existing building. 25 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - 21,800 - 21,800 Construction - - - - - 991,900 - 991,900 Design - - - - - 9,920 - 9,920 Contingency - - - - - - - - Other (FF&E) - - - - - - - - EXPENDITURES TOTAL - - - - - 1,023,620 - 1,023,620 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - 1,023,620 - 1,023,620 Other - - - - - - - - FUNDING TOTAL - - - - - 1,023,620 - 1,023,620 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - 4,480 4,480 Services - - - - - - 11,200 11,200 Insurance - - - - - - 1,120 1,120 Repair & Maintenance - - - - - - 6,720 6,720 Rent & Utilities - - - - - - 4,480 4,480 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 28,000 28,000 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT Westlake Academy - Phase II - 4 Classroom Kindergarten Addition PROJECT EXPENSE 5 Year Projection PROJECT FUNDING IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection 5 Year Projection Per the Master Plan this project is part of Phase II. The Kindergarten addition would be located east of the original primary building. This would include: 4 classrooms with individual restrooms in each room for a total of 4,600 square feet that will match existing exterior building features. 26 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - 16,800 16,800 Construction - - - - - - 1,555,680 1,555,680 Design - - - - - - 155,600 155,600 Contingency - - - - - - - - Other (FF&E) - - - - - - 150,000 150,000 EXPENDITURES TOTAL - - - - - - 1,878,080 1,878,080 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - - 1,878,080 1,878,080 Other - - - - - - - - FUNDING TOTAL - - - - - - 1,878,080 1,878,080 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - 4,480 4,480 Services - - - - - - 11,200 11,200 Insurance - - - - - - 1,120 1,120 Repair & Maintenance - - - - - - 2,240 2,240 Rent & Utilities - - - - - - 4,480 4,480 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 23,520 23,520 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection Westlake Academy - Phase III - Arts & Science Classroom Addition PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection 5 Year Projection As part of Phase III of the WA Master Plan. This would be an additional 5,200 square foot single-story building attached to the existing Sam & Margret Lee Arts and Sciences Center. This addition would include 3 classrooms, labs and offices. 27 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - 28,000 28,000 Construction - - - - - - 4,256,000 4,256,000 Design - - - - - - 425,600 425,600 Contingency - - - - - - 100,000 100,000 Other - - - - - - 425,000 425,000 EXPENDITURES TOTAL - - - - - - 4,809,600 4,809,600 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - 1,120,000 1,120,000 Bond Issuance - - - - - - - - Unfunded - - - - - - 3,689,600 3,689,600 Other - - - - - - - - FUNDING TOTAL - - - - - - 4,809,600 4,809,600 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - 5,600 5,600 Insurance - - - - - - 1,120 1,120 Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - 4,480 4,480 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 11,200 11,200 UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT 5 Year Projection Westlake Academy - Phase III - Performing Arts Center PROJECT EXPENSE PROJECT FUNDING IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection 5 Year Projection In the Phase III of the Westlake Academy Master Plan a new 16,000 square feet auditorium is constructed with raised stage, fixed seating, dressing rooms, lighting, restroom, offices, and lobby. This building would be located to the west of the Sam and Margaret Lee Art's & Sciences Building. We anticipate the cost of the interior ammenities to be provided through contributions/grants. 28 TRANSPORTATION OVERVIEW One of the major concerns for any municipality is its infrastructure of streets. With the approval of the previous year’s CIP and accompanying bond issuance, the Council recently addressed many of the most pressing street maintenance concerns in Westlake; this type of commitment is essential to maintain these valuable Town assets Adopted Projects – CIP FY 12-17 Projects to be completed in FY 12/13 • Streets Survey • Stagecoach Hills Reconstruction/Drainage • Roanoke Road Reconstruction/Drainage North • Hwy 377 Westport Parkway Signal • Westlake Portion of Hillwood Projects On-Going Projects (FY 12/13 and beyond) • FM1938 Streetscape Improvements • SH114/Hwy170 Enhancements • Roanoke Road Reconstruction/Drainage South • Sam School Rd Reconstruction/Drainage • Dove Rd Reconstruction/Drainage (Vaquero/Terra Bella) Proposed Projects – CIP FY 13-18 • FM1938 Streetscape Improvements • SH114/Hwy170 Enhancements • Roanoke Road Reconstruction/Drainage South • Sam School Rd Reconstruction/Drainage • Dove Rd Reconstruction/Drainage (Vaquero/Terra Bella) Unfunded (Under Discussion) Projects • Dove & Randol Mill Traffic Circle 29 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 97,980 30,000 29,001 - - - - 156,981 Construction 840,096 103,335 1,154,543 739,100 253,100 - - 3,090,175 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 938,076 133,335 1,183,544 739,100 253,100 - - 3,247,155 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers 938,076 133,335 - 567,100 253,100 - - 1,891,612 Contributions (Fidelity) - - 1,183,544 172,000 - - - 1,355,544 Bond Issuance - - - - - - - - UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL 938,076 133,335 1,183,544 739,100 253,100 - 3,247,155 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities (water only) - - 5,000 5,150 5,300 5,450 5,600 26,500 Debt Service - - - - - - - OPERATING IMPACT - - 5,000 5,150 5,300 5,450 5,600 26,500 5 Year Projection PROJECT FUNDING PROJECT EXPENSE IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT FM 1938 Streetscape/Wayfinding 5 Year Projection 5 Year Projection Project consist of the design and construction of landscape and hardscape improvements to the FM 1938 corridor from SH 114 south to Randol Mill Road, including sidewalks, trailheads, signage, rest areas, plantings, entry monuments. Per developer's agreements: Fidelity is to provide funding for landscape enhancements to the median and ROW (est. $322K). The Town is required to install sidewalk on the west side of FM 1938 from Dove to SH 114 per the Fidelity developer's agreement at our cost. Utility relocations will be necessary to accomodate construction, including adjusting manholes, fire hydrants, valves and meters as necessary. Utility cost is for irrigation only. A reduction to the total project cost of $670,000 is due to a direct payment to the contractor from TxDot in the form of a grant. 30 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 7,500 345,460 390,940 336,000 - - - 1,079,900 Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 7,500 345,460 390,940 336,000 - - - 1,079,900 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 89,370 - - - - 89,370 Contributions/Grants - - - - - - - - Bonds 2011 CO $2.095M 7,500 345,460 301,570 - - - - 654,530 Bonds 2014/15 CO $2.1M - - - 336,000 - - - 336,000 Other - - - - - - - - FUNDING TOTAL 7,500 345,460 390,940 336,000 - - 1,079,900 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - 50,000 51,500 53,000 54,500 56,000 265,000 Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - 50,000 51,500 53,000 54,500 56,000 265,000 Debt Service - - - - - - - OPERATING IMPACT - - 100,000 103,000 106,000 109,000 112,000 530,000 FUNDED CAPITAL IMPROVEMENT SH 170 & Hwy 114 Streetscape 5 Year Projection 5 Year Projection PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET This project would be a cooperative effort between Westlake, Trophy Club, and Roanoke consisting of the design and construction of landscape and hardscape improvements to the SH 170 & Hwy 114 interchange to include plantings, painting, and entry monuments. Maintenance is for irrigation only. Project costs are estimated to be $3,000,000 for construction and $200,000 for engineering design. Funding participation is anticipated to be 1/3 from each party. PROJECT EXPENSE 31 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 2,900 - - 453,000 - - - 455,900 Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 2,900 - - 453,000 - - - 455,900 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2011 CO $2.095M 2,900 - - - - - - 2,900 Bonds 2014/15 CO $2.1M - - - 453,000 - - - 453,000 Other - - - - - - - - FUNDING TOTAL 2,900 - - 453,000 - - 455,900 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - 4,796 4,928 9,724 Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - - - 4,796 4,928 9,724 PROJECT FUNDING The project will provide stabilization of road subgrade and 6" of asphalt to approximately 4,000 LF of Roanoke Road and replace/improve culverts and ditches, consistent with 2011 Graham Pavement Evaluation Study. Project improvements will be from Highway 170 south to the Town Limits. Foresee crack sealing during the 2nd year after completion. 5 Year Projection 5 Year Projection IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT Roanoke Road Reconstruction and Drainage South (Highway 170 south to Town limits) PROJECT EXPENSE 5 Year Projection 32 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - 41,800 - - - 41,800 Construction - - - 174,200 - - - 174,200 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - 216,000 - - - 216,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2014/15 CO $2.1M - - - 216,000 - - - 216,000 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - 216,000 - - 216,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - 2,398 2,464 4,862 Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - - - 2,398 2,464 4,862 5 Year Projection 5 Year Projection PROJECT FUNDING IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT Sam School Road Reconstruction and Drainage (Solana to Town limits) PROJECT EXPENSE 5 Year Projection The project will provide stabilization of road subgrade and 6" of asphalt to approximately 2,000 LF of Sam School Road and replace/improve culverts and ditches, consistent with 2011 Graham Pavement Evaluation Study. Anticipate crack sealing 2nd year from completion. 33 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - 105,000 - - - 105,000 Construction - - - 404,945 - - - 404,945 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - 509,945 - - - 509,945 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2014/15 CO $2.1M - - - 509,945 - - - 509,945 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - 509,945 - - 509,945 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - 3,815 3,920 7,735 Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - 10,900 11,200 22,100 Debt Service - - - - - - - OPERATING IMPACT - - - - - 14,715 15,120 29,835 PROJECT FUNDING The project will provide stabilization of road subgrade and 6" of asphalt to approximately 6,500 LF of Dove Road and replace/improve culverts and ditches, consistent with 2011 Graham Pavement Evaluation Study. Anticipate crack sealing 2nd year from completion. 5 Year Projection 5 Year Projection IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT Dove Road Reconstruction and Drainage (Vaquero to Terra Bella) PROJECT EXPENSE 5 Year Projection 34 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - 100,000 100,000 Construction - - - - - - 600,000 600,000 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - - 700,000 700,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2016/17 CO $2.6M - - - - - - 700,000 700,000 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - - 700,000 700,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - 5,000 5,000 Rent & Utilities - - - - - - 10,000 10,000 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 15,000 15,000 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Hwy 377 Landscape Improvements The project will include streetscape enhancements (hardscape, landscape) along US Hwy 377 starting at Westport Parkway stretching north for 3/4 mile. The enhancements will only be located in the median and consist of native and naturalized plantings, trees, plant bed preparations, drip irrigation, and concrete edging/mowstrip. Since the project will be within state ROW, the Town will submit this project to TxDOT for potential grant funding opportunities similar to the FM 1938 median landscape project. PROJECT EXPENSE 5 Year Projection 35 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - 80,000 - 80,000 Construction - - - - - 250,000 - 250,000 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - 330,000 - 330,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2016/17 CO $2.6M - - - - - 330,000 - 330,000 UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - 330,000 - 330,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - - OPERATING IMPACT - - - - - - - - 5 Year Projection FUNDED CAPITAL IMPROVEMENT The bridge is located between the Westlake Cemetery and SH 170. The 2012 TxDOT Bridge Inspection Report has identified this bridge as failing, and has recommended it be replaced. This project will replace the existing Ottinger Road bridge with new box culvert, much like the Dove Road improvements. Staff will need to determine through engineering design analysis the final design criteria including horizontal and vertical alignment. PROJECT EXPENSE 5 Year Projection IMPACT ON OPERATING BUDGET Ottinger Road Bridge Creek Crossing PROJECT FUNDING 5 Year Projection 36 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - 108,060 108,060 Construction - - - - - - 464,650 464,650 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - - 572,710 572,710 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2016/17 CO $2.6M - - - - - - 572,710 572,710 UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - - 572,710 572,710 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - - OPERATING IMPACT - - - - - - - - PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Ottinger Road Reconstruction and Drainage (North of Westlake Academy) The project will provide stabilization of road subgrade and 7" of asphalt to approximately 4,000 LF of Ottinger Road (from Westlake Academy to SH 170) and replace/improve culverts and ditches, consistent with 2011 Graham Pavement Evaluation Study. Anticipate crack sealing during the 2nd year after completion. PROJECT EXPENSE 5 Year Projection 37 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - 10,850 - 10,850 Construction - - - - - 43,600 - 43,600 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - 54,450 - 54,450 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2016/17 CO $2.6M - - - - - 54,450 - 54,450 UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - 54,450 - 54,450 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - - OPERATING IMPACT - - - - - - - - PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Wyck Hill Pavement Resurface The project will provide asphalt pavement resurfacing to approximately 1,000 LF of Wyck Hill, consistent with 2011 Graham Pavement Evaluation Study. Foresee crack sealing during the 2nd year after completion. PROJECT EXPENSE 5 Year Projection 38 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - 54,250 - 54,250 Construction - - - - - 327,000 - 327,000 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - - - - 381,250 - 381,250 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2016/17 CO $2.6M - - - - - 381,250 - 381,250 UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - - - - 381,250 - 381,250 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - - OPERATING IMPACT - - - - - - - - PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Pearson Lane Reconstruction and Drainage The project will provide stabilization of road subgrade and 5" of asphalt to approximately 1,300 LF of Pearson Lane and replace/improve culverts and ditches, consistent with 2011 Graham Pavement Evaluation Study. Foresee crack sealing during the 2nd year after completion. PROJECT EXPENSE 5 Year Projection 39 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - 465,000 465,000 Construction - - - - - - 900,000 900,000 Design - - - - - - 35,000 35,000 Contingency - - - - - - - - Other - - - - - - 619,600 619,600 EXPENDITURES TOTAL - - - - - - 2,019,600 2,019,600 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - UnFunded - - - - - - 2,019,600 2,019,600 Other - - - - - - - - FUNDING TOTAL - - - - - - 2,019,600 2,019,600 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - 2,800 2,800 Rent & Utilities - - - - - - 5,600 5,600 Debt Service - - - - - - - - OPERATING IMPACT - - - - - - 8,400 8,400 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection UNFUNDED (UNDER DISCUSSION) CAPITAL IMPROVEMENT Dove & Randol Mill Traffic Circle Reconstruction and reconfiguration of Dove Road and Randol Mill from a 3-way stop intersection to a traffic circle to improve traffic safety. Pavement construction will be consistent with 2011 Graham Pavement Evaluation Study. PROJECT EXPENSE 5 Year Projection 40 VEHICLE AND EQUIPMENT OVERVIEW Vehicles and equipment represent approximately 6% of the Town’s assets or roughly $3.4M. While the current CIP does not contain any proposals for vehicles, it is important to note that of the seven vehicles (including a utility truck) the Town currently owns, three are completely depreciated and three more will become completely depreciated within the next five years. Similarly, of the fourteen FF&E asset groups, eight are currently fully depreciated and the remainder will be within the next five years. Whether or not an asset has been fully depreciated does not by itself warrant the need to replace it, however, depreciation does serve as an indicator that the likelihood the asset will need to be replaced in the near future is fairly high. The Town maintains a General Maintenance & Replacement Fund and is working towards funding annually for any replacement items needed in subsequent years. We anticipate a replacement vehicle for the Parks and Recreation Department to be paid from the funds that have been transferred to this fund for just this purpose. Vehicle Description Department Cost Date Placed in Service Useful Life Remaining Life Ambulance Fire 144,981 2003 10 - Fire Truck Fire 236,423 2003 15 5 Fire Chief Vehicle Fire 41,108 2004 5 - Command Vehicle Fire 49,084 2013 5 5 Ambulance Fire 200,000 2012 10 10 Fire Attack Truck Fire 169,746 2012 10 10 Spartran Senator II School Bus Academy 41,625 2010 5 3 Girardin18 Passenger Bus Academy 41,625 2010 5 3 Pool vehicle (Sold FY 12/13) General 8,500 2004 4 - Chevy Silverado Truck Building 15,704 2005 5 - Marshal's Vehicle Court 23,000 2007 5 - Chevy Silverado Truck Public Works 11,105 2008 5 - $ 982,901 41 Capital Maintenance and Replacement The Town recognizes that deferred maintenance and not anticipating capital replacement needs increases future capital costs. Annually, available funds will be evaluated during the budget process and a percentage of each operating fund’s budget will be recommended to the Council for transfer. Upon approval by the Council, the recommended amount will be transferred to the appropriate funds (General or Utility Maintenance Replacement Fund) for major maintenance/ replacement of street, building roof, flooring, air conditioning, equipment, etc. The Town of Westlake owns, operates, and maintains a number of vehicles. To provide a fiscally responsible vehicle and equipment replacement policy that enables the Town to maximize vehicle and equipment utilization, while maintaining the Town’s desired public image and high quality program of services for our residents. Therefore, the Town of Westlake will maintain a Vehicle and Equipment Replacement and Depreciation Schedule; said schedule will be maintained by the Finance Department. Vehicle and equipment replacement criteria will be developed according to each items anticipated useful service life. Typically, this is based upon the type or “category” of the vehicle/equipment and its usage. Each item will be surveyed annually and assigned a score based upon the Point Range and Guideline document. A vehicle will be replaced according to the established criteria unless the Department Head(s) and the Town Manager’s office determine that: 1) mechanical failure or vehicle damage warrants earlier replacement, or 2) the vehicle is still serviceable and may serve additional years beyond its original anticipated service life. Funding for vehicle/equipment replacement should be incrementally allocated from department operating funds to a restricted Capital Maintenance and Replacement Fund, subject to funding availability on an annual basis. Future vehicle/equipment replacements should be funded from this restricted fund, which receives accumulated operating fund transfers based upon the Vehicle and Equipment Depreciation Schedule. Funding will consist of an annual set-aside based upon a straight-line depreciation for each vehicle over the course of its useful life and budgeted as part of the annual budget development process. Depreciation fees should commence the same fiscal year of each new and replacement vehicle/equipment purchase. Likewise, depreciation expenses should be expensed from the respective department operating budget and deposited into the Capital Maintenance and Replacement Fund. Depreciation expenses shall continue through the service life of the new vehicle/equipment and shall cease upon retirement of said vehicle/equipment. 42 Vehicle and Equipment Replacement and Depreciation Guidelines Purpose: To provide a fiscally responsible vehicle and equipment replacement and depreciation policy, which will enable the Town of Westlake to maximize asset utilization while maintaining a positive public image and being fiscally responsible in our budgeting and fleet replacement programs. Policy: Replacement criteria for Town-owned vehicles and equipment will depend primarily on a point system, which is based upon the following factors: • Age • Miles/Hour Usage • Type of Service • Reliability • Maintenance and Repair Costs (not to include incident repairs) • Condition Point Range Chart Note: The Town may decide to retain a vehicle beyond the stated criteria after an evaluation of anticipated usage, repairs and operating costs. Each Town vehicle and small equipment have been placed in a specific category (as listed below) in order to allow for uniformity in our replacement standards. Category "A" This category consists of the one (1) 18-passenger and one (1) 20-passenger school bus. The life span for school bus is 10 years. The Fire Department which includes engines, ladder truck, ambulances, and attack truck which are used primarily as a front-line response vehicle. The front-line life-span of the Engine is 15 years and has a reserve life-span for additional five years. The ambulance front-line life-span is seven years and has a reserve vehicle life-span for additional seven. The Town currently has one (1) Engine, one (1) Attack Truck and two (2) Ambulances. Category "B" This category consists of Maintenances and Public Works vehicles which are used to serve the public on a day-to-day basis and pull trailers. Due to the heavy use, these vehicles may be scheduled for replacement at 100,000 miles provided the maintenance cost is considerably higher than vehicles of the same type. The Town currently has two (2) Public Works trucks. Category "C" This category consists of all other cars and pickups, which include administration pool car, building inspection truck, warrant officer public safety vehicle. These vehicles are generally assigned to a designated staff member and should not be replaced earlier than 100,000 miles provided the maintenance cost is considerably higher than vehicles of the same type. 43 Category "D" This category consists of other off-road equipment (mule and mowers) that are used to serve the public on an "as needed" basis. Replacement of this category may be made after 2,500 operating hours, or provided the maintenance cost is considerably higher than equipment of the same type. The Town currently has one (1) Kawasaki utility vehicle and (1) mower. Category "E" This category consists of light equipment (weed-eaters, chain saw and pumps, generators, trailers, and other small hand-operated equipment) which are used to serve the public on an "as needed" basis. Replacements in this category may be made after the total maintenance cost exceeds the original purchase price of a particular piece of equipment. The cost of upgrading a piece of equipment will be the responsibility of the operating division. The Town currently has one weed-trimmer, chain saw, blower, small generator and a trailer. Guide for Early Replacement of Town-Owned Vehicles Early Replacement The consideration of early replacement of a vehicle often arises when major expenditures are necessary to restore it to a safe operating condition (e.g., major component failure or incident damage). The economic effect of such repairs cannot be avoided because the cost to the Town is normally about the same whether the vehicle is sold in un-repaired condition or restored to repaired condition. However, replacement prior to the normal criteria for vehicles will result in an acceleration of all future replacement cost cycles required to satisfy a continuing vehicle need. This acceleration of cost cycles causes a sizable increase in the total present value cost of all fixture cycles and should be avoided whenever possible. Major vehicle repairs should always be made, with two exceptions: 1. Major expenditures for repair should not be made when the cost of the repair plus the vehicle salvage in un-repaired condition exceeds its wholesale value in repaired condition. 2. Major deferrable expenditures should not be made when a vehicle is in the final six months of its retention cycle. During this period the penalty for early replacement is small and, therefore, the vehicle should be replaced rather than repaired. Depreciation Formula Current acquisition price of each vehicle divided by the utilization cycle mileage or total maintenance cost) will provide the yearly depreciation allowance. EXAMPLE A – Vehicles Mileage: $30,000.00 vehicle divided by the target replacement cycle of 100,000 miles will give you a depreciation cost of $.30 per mile. $0.30 times the number of miles (20,000) the vehicle was driven the previous year will give you the yearly depreciation amount $6,000.00. 44 EXAMPLE B – Small Equipment Maintenance Cost: depreciate the original purchase price by 15% per year, for power hand tools, trailers, etc. Replace the item only when the maintenance cost reaches the original purchase price. Point Ranges for Replacement Consideration Point Scale Condition Description 20 points & under Excellent Do not replace 21 to 25 points Very Good Re-evaluate for the following year's budget 26 to 31 points Fair Qualifies for replacement if M/R cost exceed 60% of cost 32 to 37 point Poor Replacement if budget allows Above 38 points failed Needs priority replacement Below are two examples on how the point range and guidelines for Category "B" and “C” would work with current town vehicles. Example: Pool Vehicle Data Description Points Year 1999 26 points Type Crown Victoria Passenger Car 1 point Mileage 64,000 6 points Maintenance Repair driver side window motor 2 points Condition Poor paint and body condition, hail damage, rust spots, small dents, interior - rips, tears, stains, cracking on seat covers 5 points Total Points 40 points Staff recommendation = Replacement this year Data Description Points Year 2005 14 points Type Silverado F150 extended cab truck 1 point Mileage 35,000 3 points Maintenance low 1 points Condition Very good exterior and interior condition 1 points Total Points 20 points Staff recommendation = Include the replacement cost in the five year forecast 45 Point range and guidelines for Category "B" and “C” Factor Points Description Age Usage Type of Service 1 Each 10,000 miles of usage 1 Standard sedans, SUV’s and pickups 2 Each year of chronological age 3 Any vehicle that pulls trailer, hauls heavy loads and continued off- road usage 4 Any vehicle involved in ice or snow removal or road treatment Reliability Preventive Maintenance Work Not Included 1 In shop one time within three month time period, no major breakdowns/road side assistance call with 3 month period 2 In shop one time within three month time period, 1 breakdown/ road side assistance call within 3 month period 3 In shop more than once within 3 month time period, 1 or more breakdown/road side assistance call within same period 4 In shop more than twice within one month time period, 1 or more breakdowns/road side assistance call in same time period 5 Two or more breakdowns within one month time period M&R Cost Incident Repair Not Include 1 Maintenance cost are less than or equal to 20% of replacement 2 Maintenance cost are 21-40% of replacement cost 3 Maintenance cost are 41-60% of replacement cost 4 Maintenance cost are 61-80% of replacement cost 5 Maintenance cost are greater than or equal to 81% of replacement cost Condition 1 No visual damage or rust 2 Minor imperfections in body and paint, interior fair (no rips, tears, burn) 3 Noticeable imperfections in body and paint surface, minor rust, minor damage for add-on equipment, won interior (one or more rips, tears, burns). 4 Poor paint and body condition, rust (holes), interior (rips, tears, burns, cracked dash) and major damage for add-on equipment 5 Previous accident damage, poor paint and body condition, rust (holes), interior (rips, tears, burns, cracked dash) and major damage for add-on equipment Point Ranges Condition Description 0-20 Excellent Do not replace 21-25 Very Good Re-evaluate for next year’ budget (5 year forecast) 26-31 Good Qualifies for replacement this year if M/R cost exceed 60% of cost 32-37 Fair Qualities for replacement this if budget allows 38+ Poor Needs priority 46 UTILITY IMPROVEMENTS OVERVIEW The Town of Westlake currently owns a minimum of approximately $24M of utility fixed assets. These take the form of water, sewer and telecommunications duct bank lines. These assets are initially installed through development and later transferred to the Town for upkeep and maintenance. With the recent completion of the Stagecoach Hills water main, the Town’s utility infrastructure is in relatively good shape with no known deficiencies. The five items that are fully depreciated are water lines that were transferred from the City of Keller which may need replacement in the near future but are fully operational now. It should also be noted that the Town is currently engineering a GIS system that will map all infrastructure; this project provides us the opportunity to review the condition of these assets and their values which will be revised as necessary. Adopted Projects – CIP FY 12-17 Projects to be completed in FY 12-13 • N1 Sewer Line Transfer I&I Repairs • Stagecoach Hills Waterline Phase II Projects to be completed in FY 13-14 • Ground Storage Tank • N1 Sewer Line Transfer Unfunded (Under Discussion) Projects • There are no unfunded projects 47 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 12,467 - - - - 12,467 Construction - - 70,500 - - - - 70,500 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - 82,967 - - - - 82,967 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 82,967 - - - - 82,967 Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - 82,967 - - - 82,967 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - - - - - PROJECT FUNDING This project is intended to transfer ownership of a section of sewer line from Westlake and Southlake to TRA. It includes the design and construction of a metering station with SCADA equipment at the proposed Town of Westlake "Point of Entry." Westlake will be required to conduct an extensive inflow and infiltration study and perform repairs (separate capital improvement). 5 Year Projection 5 Year Projection IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT TRA Assumption of N-1 Sewer Line PROJECT EXPENSE 5 Year Projection 48 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 3,088 58,000 1,438,913 - - - - 1,500,001 Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 3,088 58,000 1,438,913 - - - - 1,500,001 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers 3,088 (3,088) 500,000 - - - - 500,000 Contributions/Grants - - - - - - - - Bond Issuance $1.0M - 61,088 938,913 - - - - 1,000,001 UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL 3,088 58,000 1,438,913 - - - 1,500,001 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - 500 530 545 560 2,135 Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - 500 - - 2,135 PROJECT FUNDING This project will consist of designing and constructing a new ground storage tank at the existing pump station. We anticipate this tank will be a 1,000,000 gallon tank and will be needed to augment services once Deloitte has become fully staffed. Maintenance (consisting of inspection and cleaning) would not be expected until year two. Total amount = $1,558,500; Debt service payments = approximately $170k/yr for 10 years. 5 Year Projection 5 Year Projection IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT Ground Storage Tank PROJECT EXPENSE 5 Year Projection 49 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Consider an ordinance for the adoption of the revised Boundary Map of the Town of Westlake depicting all of the changes that have occurred to this date. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: September 16, 2013 September 16, 2013 Funding: Amount - 0T Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action Comprehensive Planning and Management of Natural Resources 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships, and implementation of innovative inter-governmental agreements. SA 06.1: Seek Partnerships Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Over the past several years there have been numerous disputes over the location of the boundary of the Town of Westlake. Some properties were annexed into the Town of Westlake and others were de-annexed. Town Council adopted Ordinance 641 on June 28, 2010 that accurately reflected the legal boundary of the Town of Westlake with t he Metes and Bounds for the exhibit prepared by our engineer and reviewed by our attorney. As you may recall, the Town Council approved an inter-local agreement with Tarrant County and the City of Keller to share the cost for the construction of a signal at the US 377 and Westport Parkway intersection at its April 23, 2012 regular meeting. Tarrant County determined that the intersection was located in unincorporated Tarrant County and petitioned Westlake to annex it as the Town already provides emergency services to this location and it does not place an increased burden on the Town. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Ordinance Boundary Map of the Town of Westlake Metes and Bounds description of the boundary of the Town of Westlake to be provided separately. Ordinance 713 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 713 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING AN OFFICIAL TOWN LIMIT BOUNDARY MAP; RATIFYING AND CONFIRMING ALL PRIOR ANNEXATIONS AND TOWN LIMIT BOUNDARIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, the Town of Westlake, Texas (the “Town”) is a general law municipality operating pursuant to the Constitution and laws of the State of Texas; and WHEREAS, Section 41.001 of the Texas Local Government Code requires and authorizes the Town to adopt an official map showing the municipal boundaries and extraterritorial jurisdiction boundaries of the Town; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above statements are found to be true and correct and are incorporated into this Ordinance as if copied in their entirety. SECTION 2: That the official municipal boundary map of the Town (to be officially titled “Official Town Limit Boundary Map of the Town of Westlake, Texas”) is hereby adopted and same is shown on attached Exhibit “A”. SECTION 3: That all prior annexations of the Town are hereby ratified and confirmed and depicted on attached Exhibit “B”. SECTION 4: If any section, sentence, clause or phrase of this Ordinance be declared unconstitutional for any reason, it shall not affect the constitutionality and the validity of any other section, sentence, clause or phrase, and the Town Council declares that it would have passed all other sections, sentences, clauses or phrases of this Ordinance notwithstanding the unconstitutionality or invalidity or any paragraph, section, sentence, clause or phrase hereof. Ordinance 713 Page 2 of 2 SECTION 5: That this Ordinance shall become effective on the date of its passage. DULY PASSED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AT A DULY CALLED PUBLIC MEETING WITH A QUORUM OF THE GOVERNING BODY PRESENT ON THE 16TH DAY OF SEPTEMBER 2013. ______________________________ Laura Wheat, Mayor ATTEST: _______________________________ _______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED: ______________________________ L. Stanton Lowry, Town Attorney Page 1 of 4 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Consideration of a Resolution Approving an Economic Development Agreement Between the Town of Westlake and the Marriott Solana Hotel. STAFF CONTACT: Debbie Piper, Finance Director DECISION POINTS Start Date Completion Date Timeframe: October 1, 2013 September 30, 2014 Funding: Amount - $40,000 Status- Funded Source- Visitors Association Fund Decision Alignment VVM Perspective Desired Outcome Service Excellence Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships, and implementation of innovative inter - governmental agreements. SA 06.1: Seek Partnerships Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 4 EXECUTIVE SUMMARY This portion of the proposed twelve (12) month economic development grant agreement is in the amount of $40,000. Previously, in February, 2013, the agreement pertaining to the “Shuttle Bus Transportation Cost” was approved. At that time we were in discussions with Marriott management regarding reworking the “Incentive Program”; therefore, only the Transportation portion of the agreement was approved. There was a transition of staff both in the Manger and the Finance personnel at the Hotel and no action was taken until the new personnel were put into place last month. If approved, this would be the fourth consecutive year that the Town has partnered with the Marriott Solana Hotel regarding the “Incentive Program”. Prior to this, the Town participated in only the Hotel’s shuttle bus system costs. In previous years, there were two (2) components to this proposed economic development grant that would disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. As stated previously, this is the second part of the annual agreement to be approved. • Shuttle Bus Transportation Cost Participation. An amount of $80,000 was approved in February, 2013 for the Town’s participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. Marriott Solana management has shared with Council in previous meetings the importance this shuttle bus service has to this property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel guests with transportation to area shopping/entertainment venues (Southlake Town Center) and corporate training centers. The second portion of the agreement which we are proposing be approved is related to the following: • Group Business Incentive Program. This portion of the agreement is $40,000 and has been proposed in the FY 13-14 budget. In previous years, the Staff worked with the Marriott Solana Hotel manager on this economic development agreement which was modeled after a similar program in the Town of Addison, Texas. The original program allow ed the Marriott Solana to discount their room rates and/or services in order to generate new group business and/or, under certain circumstances, maintain existing group business. Last year this agreement moved to a two -tiered approach with the following program minimums and incentives: o Proposed group business shall bo ok a minimum of $30,000 in room revenue per program to be considered eligible for $5,000 in group incentive funds. o Proposed group business shall book a minimum of $15,000 in room revenue per program to be considered eligible for $2,500 in group incentive funds. The prior management team of the Marriott Solana come to the Town and stated they had difficulties with this aspect of the program; i.e. they would book at a greater amount of $30K or $15K but the actual room revenue would be just short of these amounts; therefore they were not Page 3 of 4 eligible for the group incentive funds. Funds paid out to the Marriott Solana for the current agreement totaled $15,000. At that time, they requested time to research and bring forward another incentive program for our review and approval. Town Staff has met with the new Marriott Solana Hotel manager and reviewed their new proposal regarding this agreement. The new program would be structured as follows: o Proposed group business shall book a minimum of $10,000 in room night revenue. o A maximum of $5,000 is available to each group; however, the amount provided is based on the following process: • 10% of the room night revenue calculates the amount allowed, up to a maximum of $5,000. • The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. This proposed grant agreement would be a reinvestment in the tourist sector of the Town’s economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the success and impact of this economic development grant on: 1.) maintaining this important Town revenue stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such, this agreement also includes “claw back” provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds be repaid with interest. Additionally, if it is determined that the group business program is not achieving its objective, the Staff will notify both the hotel’s management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement, although this has not been the case to date. The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 13-14 Budget contains an estimate that the Town will receive $700,000 in the current fiscal year in the Visitors Association Fund. This represents 3% of the total Town municipal revenue stream and is derived totally from the Town’s only hotel, the Marriott Solana. For that reason, it is important for the Town to take a strategic approach in maintaining and possibly growing this funding stream. In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs including funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of various municipal operational costs and capital projects (an example would be payment of a portion of the debt service for Westlake Academy related bonds). Page 4 of 4 The Town Council adopted an economic development policy in 2006 (Resolution 06-19). This proposed agreement comports to that policy. Further, this economic development agreement fits with the Town’s Adopted Strategic Plan Vision Points. ORGANIZATIONAL HISTORY/RECOMMENDATION Recommend adoption of the resolution approving this economic development grant agreement ATTACHMENTS Resolution approving this Economic Development Grant Agreement between the Town and the Marriott Solana with the Agreement attached as “Schedule A”. Resolution 13-27 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 13-27 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MARRIOTT SOLANA. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified “Service Excellence” as a Vision Point for that Strategic Plan as well as Financial Stewardship as a Strategic Issue that must be addressed to move the Town towards this Vision Point; and, WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to support its general operations; and, WHEREAS, the Town Council desires to have new and existing businesses that maintain and grow their sales and use tax streams, which in turn, enhances the Town’s financial position and sustainability per its Strategic Plan; and WHEREAS, the Town Council acknowledges t hat the Town’s Visitors Association Fund is a key component of its financial structure and that an economic development grant to the Marriott Solana Hotel will help solidify and maintain that structure; and, WHEREAS, Town has an economic development policy adopted by Resolution 06-19 and that this proposed economic development agreement with the Marriott Solana meets those policy guidelines and meets the requirements of State law for municipalities to grant 380 economic development grants to businesses located in their boundaries; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the Economic Development Grant Agreement with the Marriott Solana attached hereto as Exhibit “A”; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. Resolution 13-27 Page 2 of 2 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 16TH DAY OF SEPTEMBER, 2013. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L Stanton Lowry, Town Attorney Page 1 of 10 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS (the “Town”), a Type-A general law municipal corporation organized under the laws of the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A DALLAS/FT.WORTH MARRIOTT SOLANA, (“Marriott:), a Hotel. The Town and Marriott are collectively referred to as the “Parties”. RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marrio tt owns and operates a 294 (288 plus 6 suites) room, full-service hotel located at 5 Village Circle, Westlake, Texas, (the “Hotel”) The Hotel provides a valuable catalyst for visitors, tourism, and economic development to the Town. B. In order to increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. 06-19, adopted by the Town Council on May 8, 2006, attached hereto as Exhibit “A” and hereby made a part of this Agreement for all purposes, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote State or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the “380 Program”). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town’s economic development objectives and the 380 Program and will further t he goals for positive economic growth, visitors and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. Page 2 of 10 NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Town Council has found at a duly-called and legally-noticed public meeting through the adoption of Town Resolution No. 13-XX, attached hereto as Exhibit “B” and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott . For purposes of this definition, “control” means fifty percent (50%) or more of the ownership determined by either value or vote. Program Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of Town funds legally available for inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of the Town. Program Year means the Town’s fiscal year (i.e. October 1 through September 30th) in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first fiscal year following the execution of this Agreement. Quarterly Report has the meaning ascribed to it in Section 4.2. Records have the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Page 3 of 10 Town of Westlake Hotel Support Program has the meaning ascribed to it in Section 4.1. 3. TERM. This Agreement shall be effective as of the date of execution by the Parties (the “Effective Date”) and, unless terminated earlier in accordance with this Agreement, shall expire one (1) year from the Execution Date. 4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS. 4.1. Town of Westlake Hotel Support Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not exceed $40,000 with said Town of Westlake Hotel Support Program, consisting of the following: Group Booking Incentives, the requirements for which are attached hereto as Exhibit “C” and hereby made a part of this Agreement for all purposes (the “Hotel Support Agreement”) and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town’s Hotel Support Program shall be to increase new group bookings for the Hotel and to not incur a decrease in overall group meeting business (i.e. all group bookings at the Hotel both of new group business and repeat group business), thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement to the Hotel shall not exceed $40,000 during the term of this Agreement. 4.2. Reports and Filings. On a quarterly basis during the Term, Marriott shall submit a written report to the Town specifically delineating its compliance with this Agreement (the “Quarterly Report”). The Quarterly Report shall be received by the Town Manager no later than thirty (30) days from the end of each quarter. Said Quarterly Report will contain, as a minimum, the following performance measure information for the reporting period in order for the Town to measure the effectiveness of its investment in this grant of public funds to Marriott for this Hotel: Page 4 of 10 • Total funds paid to date aggregate under this Agreement during the contract term to Marriott regarding group incentives of the Town’s Hotel Support Program described in Section 4.1 of this Agreement • Total funds spent to date by Marriott for the activities and purposes set out in Section 4.1 of this Agreement • Increases in average daily occupancy at the Hotel • Decreases in average daily occupancy at the Hotel • Number of room nights generated by new group bookings at the Hotel • Number of room nights generated by repeat group business bookings at the Hotel • The number of new group bookings made for the Hotel during the reporting period and the number of repeat group business bookings made for the Hotel during the reporting period. • A brief description of marketing/sales efforts made during the reporting period for the Hotel including:  the number and type of new group sales prospects identified, targeted, and group sales closed by Marriott sales staff during the reporting period  the number and type of new group sales made by contacts from outside the Hotel Marriott 4.3. Audits. Per the requirements of State law and the Town ordinance establishing the Town’s hotel-motel occupancy tax, the Town will have the right throughout the Term to audit any and all financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott ’s compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to construction documents and invoices (collectively “Records”). Marriott shall make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. 5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS. 5.1. Continuous Operation. Following the Completion Date, if Marriott fails to continuously operate a full-service hotel at 5 Village Circle, Westlake, Texas, 76262, the Town shall have the right to terminate this Agreement by providing written notice to Marriott without further obligation to Marriott hereunder. Page 5 of 10 5.2. Failure to Pay Town Taxes or Fees. An event of default shall occur under this Agreement if any legally- imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taxes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town’s Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. 5.4. Unauthorized Use of Funds and Requirement for Repayment to Town. If, during an audit by the Town under the provisions of this Agreement, the Town determines that the proceeds of this grant have not been utilized by Marriott for the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure (following written notice from the Town) and, if Marriott Page 6 of 10 fails to cure per the written notice from the Town, Marriott shall immediately remit to the Town the entire amount under this Agreement paid by the Town to Marriott during the reporting period during which the Town has identified that Marriott was not in compliance with the terms of this Agreement. If said amount is not remitted to the Town within 30 calendar days from the end of the cure period, that amount demanded for repayment to the Town plus six (6) percent simple interest on the repayment amount shall be due, in full, to the Town. For the purposes of this Section, Simple Interest” is defined as a rate of interest applied to the aggregate amount of the Program Grants paid by the Town to Marriott during the reporting period in which Marriott was in violation of this Agreement. 5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town’s obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided and is current on all reports. 5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott . 6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP. It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be so lely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply as between the Town and Marriott , its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott . Page 7 of 10 7. INDEMNIFICATION. MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS AGREEMENT. 8. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Town: Marriott: Town of Westlake _______________________________ Attn: Town Manager _______________________________ 3 Village Circle, #202 _______________________________ Westlake, Texas 76262 ____________________________________ With Copies to (which shall not constitute notice): Boyle & Lowry, L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr., Suite 108 Irving, Texas 75062 9. ASSIGNMENT AND SUCCESSORS. Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the Town so Page 8 of 10 long as Marriott , the Affiliate and the Town first execute an agreement approved by the Town Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriot t under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (i) the prior approval of the assignee or successor and a finding by the Town Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council’s prior consent shall constitute a breach and be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed “Marriott” for all purposes under this Agreement. 10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable Federal, State and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s codes and ordinances, as amended. 11. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the Town does not waive or surrender any of it governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement . 12. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. 13. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Page 9 of 10 14. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott , and any lawful assign or successor of Marriott , and are not intended to create any rights, contractual or otherwise, to any other person or entity. 15. FORCE MAJEURE. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott’ failure to obtain adequate financing to complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force majeure and that this Section 15 shall not operate to extend the Completion Deadline in such an event. 16. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 17. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 18. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Page 10 of 10 19. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott , and any lawful assign and successor of Marriott , as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 20. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: TOWN OF WESTLAKE: _______________________________ _______________________________ a Texas_________________________ By: By: Thomas E. Brymer _____________________________ Town Manager _____________________________ Date: Date: APPROVED AS TO FORM AND LEGALITY: By: L. Stanton Lowry Town Attorney EXHIBITS “A” – Town of Westlake Resolution No. 06-19 “B” – Town of Westlake Resolution No. 13-XX “C” – Town of Westlake Hotel Support Program re: Group Booking Incentives for 2013-2014 TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM Description: A cooperative marketing program designed to assist the Dallas/Fort Worth Marriott Solana Hotel in securing group and convention business. The groups can be new business or groups that have previously met at the hotel but are considering other hotels. Guidelines: Requests for funds shall be submitted at the bid time, not after the group has made their decision to book at the host hotel. Applications may be submitted for groups/conventions that take place in the current fiscal year (October 1 - September 30) or future years. Proposed grou p business shall book a minimum of $10,000 in room night revenue. A maximum of $5,000 is available to each group; however, the amount provided is based on the following process: 10% of the room night revenue calculates the amount allowed, up to a maximum of $5,000. The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. Upon completion of the event or meeting, a completed Post Meeting Summary is required prior to the release of full financial assistance. The report will be used to evaluate the effectiveness of the Town of Westlake Funds participation, as well as review future participation. Annually, the Marriott Solana will generate a Town of Westlake Funds report to the Town Manager, or his designee, showing the dollars expended and the direct room nights generated via this important resource. Procedures: The Application shall include the following information before it will be reviewed: Hotel Information: Date of Application, Name of Host Hotel Sales Manager and Phone Number. Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated Room Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. Miscellaneous Information: Additional information pertinent to the group. Signatures: The Application shall be signed by the host hotel Sales Manager and Director of Sales prior to it being submitted for approval. The Application shall be approved by the Town of Westlake within ten days providing that all of the requested information is received. Once the Application has been approved, the signed application will be sent back to the requesting Sales Manager at the host hotel. The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is signed by the group. Funds shall not be available if this information is not received at least ten days prior to the group/convention. The Town of Westlake may choose to send a welcome letter to the group and offer to provide community brochures or other information to the group/convention attendees. Since funds are reserved for every Application that is approved, the host hotel shall inform the Town of Westlake with written authorization to release the funds should a group choose another destination. Submit Application and Correspondence to: The Town of Westlake Attn: Debbie Piper, Finance Director 3 Village Circle, Suite 202 Westlake, Texas 76262 817 490 5712 Phone 817 430 1812 Fax Disbursement of Funds: At the time of invoice, the host hotel shall submit the following information: 1. A computerized report documenting the actual room nights booked by the group and verification of the actual room night revenue. The disbursement of funds may be reduced based on the program guidelines if the group generated less room night revenue than was originally stated on the Application, 2. Samples of the Town of Westlake's sponsor recognition. Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Conduct a Public Hearing and Consideration of Ordinance, Adopting the Town of Westlake Estimated Budget for the fiscal year ending September 30, 2013, Adopting the Proposed Budget for the fiscal Year ending September 30, 2014 including Investment Policy, Fiscal and Budgetary Policies, Restricted, Committed and Assigned Fund Balances, and Providing Authorization to the Town Manger to approve appropriated funds up to $25,000. STAFF CONTACT: Tom Brymer, Town Manager Debbie Piper, Finance Director DECISION POINTS Start Date Completion Date Timeframe: October 1, 2013 September 30, 2014 Funding: Amount - $31,762,960 Status- Funded Source- N/A The Town of Westlake’s Proposed FY 2013-2014 budget totals $31,762,960 for all funds (including $10,461,809 transfers in from fund balance for operating, debt service, capital projects, major maintenance and equipment replacement needs). The majority of this decrease in fund balance is related to capital projects and the use of the $9.5M in bond proceeds received in FY 2012-2013. Included in this total is Westlake Academy’s FY 2012-2013 expenditures and transfers out totaling $6,435,295. Decision Alignment VVM Perspective Desired Outcome Service Excellence Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 5. Budget according to established service level provisions within departments. SA 05.1: Budget Preparation Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 3 EXECUTIVE SUMMARY “Moving Forward Together: A Growing Community, A Growing School.” The selection of any budget theme is intended to bring into focus how resources are recommended to be prioritized and used in order to take the next step in achieving or creating our vision, missio n and community values for Westlake. Keeping this theme in mind, this budget has been prepared with the following four-fold strategic focus with the intent of achieving as an end product, an excellent quality of life for Westlake residents and businesses: Continued substantial investment in the Town’s infrastructure Investing in our employees, our most important resource for achieving service excellence Maintaining our position as a premier knowledge based community, as well as a community recognized both state wide and nationally for our innovative approaches to local government service delivery Dealing with growth, both in Westlake and at Westlake Academy The FY 13-14 budgeted amount totals $31,762,959 for all funds (including $10,461,809 transfers in from fund balance for capital projects ($10.055M) and operating needs). The majority of this fund balance use results in the receipt of $9.5M in bond proceeds in FY 2012-13 with the projects being completed during FY 2013-14. This represents a 41% fund balance decrease from the FY 2012-13 estimated budget. If only municipal operating expenses were taken into consideration (removal of all expenses related to capital projects/outlay, Westlake Academy and inter-fund transfers), the FY 2013-14 proposed budget would show an increase of $1,300,172 (14%) in municipal expenditures from the FY 2012-13 estimates. The major reasons for this increase are the following: o Increase of $904K in Operating Expenditures  $338K for Comprehensive Plan update  $477K increased payments for debt service obligations. Payment for the 2013 certificates of obligation is $507K. The Town took advantage of the low interest rates and refunded a portion of its debt in 2012-13 which reduced our overall payments; saving the Town approximately $27K in annual payments. o Increase of $395K in Payroll Expenditures  This increase includes $115,000 in market pay increases (inclusive of taxes and insurance) for work force attraction and retention and is the second year of a 2 year program. A portion of this increased expenditure is subsidized by transfers in from the Utility Fund ($11.5K) and the Visitors Association Fund ($11.5K).  This increase also includes the following personnel changes o $98,865 - addition of one full time Lieutenant o $56,550 - addition of one full time HR Generalist o $ 8,434 - change part time utility billing clerk to a full time position o ($11,549) - elimination of part -time HR clerk position  $50K increase relating to medical, dental and life Insurance costs (18%).  $52K increase for social security and medicare taxes, and TMRS costs (15%). Page 3 of 3 Three years ago, in order to provide a more holistic and comprehensive overview of all of our financial obligations, revenue sources, and program of services that fall under the umbrella of the Town of Westlake, we began including the operational costs for Westlake Academy in the municipal budget. ORGANIZATIONAL HISTORY/RECOMMENDATION This Public Hearing has been advertised as required by law. The recommendation is to first conduct and close the Public Hearing, followed by Council discussion as needed. Additionally, it is recommended to adopt the FY 2013-14 municipal budget as proposed. ATTACHMENTS Proposed FY 2013-14 Municipal Budget Ordinance 1 EXECUTIVE 2 GENERA FUND 3 SPECIAL REVENUE FUNDS 4 DEBT SERVICE 5 ENTERPRISE FUNDS 6 INTERNAL SERVICE FUNDS 7 WESTLAKE ACADEMY 8 CAPITAL PROJECT FUNDS 9 LONG TERM PLANNING 10 APPENDIX VV II SS II OO NN SS TT AA TT EE MM EE NN TT WWeessttllaakkee iiss aann ooaassiiss ooff ttrraannqquuiilliittyy aanndd nnaattuurraall bbeeaauuttyy aammiiddsstt aann eevveerr eexxppaannddiinngg uurrbbaann llaannddssccaappee.. 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SS TT LL AA KK EE AA DD MM II NN II SS TT RR AA TT II VV EE OO FF FF II CC II AA LL SS TTOOWWNN MMAANNAAGGEERR TToomm BBrryymmeerr ttbbrryymmeerr@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55772200 AASSSSIISSTTAANNTT TTOOWWNN MMAANNAAGGEERR AAmmaannddaa DDeeGGaann aaddeeggaann@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55772200 TTOOWWNN SSEECCRREETTAARRYY KKeellllyy EEddwwaarrddss kkeeddwwaarrddss@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55771100 DDIIRREECCTTOORR OOFF FFIINNAANNCCEE DDeebbbbiiee PPiippeerr ddppiippeerr@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55771122 DDIIRREECCTTOORR OOFF CCOOMMMMUUNNIICCAATTIIOONNSS AANNDD CCOOMMMMUUNNIITTYY AAFFFFAAIIRRSS GGiinnggeerr AAwwttrryy ggaawwttrryy@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55771100 DDIIRREECCTTOORR OOFF HHUUMMAANN RREESSOOUURRCCEESS AANNDD AADDMMIINNIISSTTRRAATTIIVVEE SSEERRVVIICCEESS TToodddd WWoooodd ttwwoooodd@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55771111 DDIIRREECCTTOORR OOFF PPAARRKKSS && RREECCRREEAATTIIOONN AANNDD FFAACCIILLIITTIIEESS MMAAIINNTTEENNAANNCCEE TTrrooyy MMeeyyeerr ttmmeeyyeerr@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55773355 DDIIRREECCTTOORR OOFF PPLLAANNNNIINNGG AANNDD DDEEVVEELLOOPPMMEENNTT EEddddiiee EEddwwaarrddss eeeeddwwaarrddss@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55772266 DDIIRREECCTTOORR OOFF PPUUBBLLIICC WWOORRKKSS JJaarrrroodd GGrreeeennwwoooodd jjggrreeeennwwoooodd@@wweessttllaakkee--ttxx..oorrgg 881177--449900--55772200 FFIIRREE CCHHIIEEFF RRiicchhaarrdd WWhhiitttteenn rrwwhhiitttteenn@@wweessttllaakkee--ttxx..oorrgg 881177--333377--44772222 DDIIRREECCTTOORR OOFF IINNFFOORRMMAATTIIOONN TTEECCHHNNOOLLOOGGYY JJaassoonn PPoowweerr jjppoowweerr@@wweessttllaakkeeaaccaaddeemmyy..oorrgg 881177--449900--55775500 iii TT OO WW NN OO FF WW EE SS TT LL AA KK EE BB OO AA RR DD SS && CC OO MM MM II SS SS II OO NN SS  WW EE SS TT LL AA KK EE HH II SS TT OO RR II CC AA LL PP RR EE SS EE RR VV AA TT II OO NN SS OO CC II EE TT YY Stephen Thornton, Kristi Layton, Megan Brady, Jim Budarf, Karen Stoltenberg, Bert Schultz  WW EE SS TT LL AA KK EE AA CC AA DD EE MM YY FF OO UU NN DD AA TT II OO NN Ken Gorden, Leah Rennhack, Kelly Cox, Bill Greenwood, Zan Jones, Sean Shope, Rebecca Neidrich, Jeff Watson, Karen Stoltenberg, Charlotte Ryan, Kevin Hansen, April Gallagher, andy sedino  PP LL AA NN NN II NN GG && ZZ OO NN II NN GG CC OO MM MM II SS SS II OO NN Bill Greenwood, Walter Copeland, Allen Heath, Sharon Sanden, Tim Brittan  TT EE XX AA SS SS TT UU DD EE NN TT HH OO UU SS II NN GG AA UU TT HH OO RR II TT YY Jim Carter, George Ledak, Scott Bradley, Gregg Malone  PP UU BB LL II CC AA RR TT SS CC OO MM MM II TT TT EE EE Bryan Biddle, Gail James, Amelia Johnson, Kelly Cox, Trish Biddle, Rebecca Neidich,  44 BB EE CC OO NN OO MM II CC DD EE VV EE LL OO PP MM EE NN TT BB OO AA RR DD Laura Wheat, Rick Rennhack, Michael Barrett, Carol Langdon, David Brown, Gregg Malone  AA RR BB OO RR DD AA YY AA DD VV II SS OO RR YY CC OO MM MM II TT TT EE EE Troy Meyer iv TThhee GGoovveerrnnmmeenntt FFiinnaannccee OOffffiicceerrss AAssssoocciiaattiioonn ooff tthhee UUnniitteedd SSttaatteess aanndd CCaannaaddaa ((GGFFOOAA)) hhaass pprreesseenntteedd aa DDiissttiinngguuiisshheedd BBuuddggeett PPrreesseennttaattiioonn AAwwaarrdd ttoo tthhee TToowwnn ooff WWeessttllaakkee ffoorr iittss aannnnuuaall bbuuddggeett ffoorr tthhee ffiissccaall yyeeaarr bbeeggiinnnniinngg OOccttoobbeerr 11,, 22001122.. IInn oorrddeerr ttoo rreecceeiivvee tthhiiss aawwaarrdd,, aa ggoovveerrnnmmeennttaall uunniitt mmuusstt ppuubblliisshh aa bbuuddggeett ddooccuummeenntt tthhaatt mmeeeettss pprrooggrraamm ccrriitteerriiaa aass aa ppoolliiccyy ddooccuummeenntt,, aass aann ooppeerraattiioonnss gguuiiddee,, aass aa ffiinnaanncciiaall ppllaann,, aanndd aass aa ccoommmmuunniiccaattiioonn ddeevviiccee.. TThhiiss aawwaarrdd iiss vvaalliidd ffoorr aa ppeerriioodd ooff oonnee yyeeaarr oonnllyy.. WWee bbeelliieevvee oouurr ccuurrrreenntt bbuuddggeett ccoonnttiinnuueess ttoo ccoonnffoorrmm ttoo pprrooggrraamm rreeqquuiirreemmeennttss,, aanndd wwee aarree ssuubbmmiittttiinngg iitt ttoo GGFFOOAA ttoo ddeetteerrmmiinnee iittss eelliiggiibbiilliittyy ffoorr aannootthheerr aawwaarrdd.. v DD II SS TT II NN GG UU II SS HH EE DD BB UU DD GG EE TT PP RR EE SS EE NN TT AA TT II OO NN AA WW AA RR DD The Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to the Town of Westlake for its annual budget for the fiscal year beginning October 1, 2012. The Town has received this award for six consecutive years (fiscal years 2007-2012). In order to receive this award, the Town must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. THE BUDGET AS A POLICY DOCUMENT This criterion involves including a Town-wide statement of budget policies, goals and objectives for the year, and an explanation of the budgeting process to the reader, describing the short-term and operational policies that guide the development of the budget. The criterion also relates to the longer - term Town-wide policies that are expected to continue in effect for a number of years. The budget award criterion also requires the inclusion of a budget message and/or transmittal letter by the Town Manager. THE BUDGET AS A FINANCIAL PLAN This criterion involves including an explanation of the financial structure and operations of the Town, and the Town's major revenue sources and fund structure. The budget should contain an all inclusive financial plan for all funds and resources of the Town, including projections of financial condition at the end of the fiscal year, projections of current year financial activity, and provide a basis for historical comparisons. The budget should also present a consolidated picture of all operations and financing activities in a condensed format and an explanation of the budgetary accounting basis, whether prepared on a generally accepted accounting principles (GAAP) basis, cash basis, modified accrual basis, or any other acceptable method. THE BUDGET AS AN OPERATIONS GUIDE This criterion involves including information in the document explaining the relationship between organizational units (departments) and programs; including an organization chart, a description of the departmental organizational structure and staffing levels, and historical comparisons of staffing levels; explaining how capital spending decisions will affect operations; providing objectives and performance measures; and describing the general directions given to department heads through the use of goals and objectives, reorganizations, statement of functions, or other methods. THE BUDGET AS A COMMUNICATIONS DEVICE This criterion relates to having the budget document available for public inspection; providing summary information suitable for use by interested citizens and/or the media; avoiding the use of complex technical language and terminology; explaining the basic units of the budget, including funds, departments or activities; and disclosing sources of revenues and explanations of revenue estimates and assumptions. The intent is to enhance the communication aspects of the budget document, so Ihat information in the budget can be communicated to a reader with a non-financial background. This award is valid for a period of one year only. We believe our current budget document continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. vi TRANSMITTAL LETTER September 16, 2013 Honorable Mayor and Town Council: I. INTRODUCTION: BUDGET APPROACH, FORMAT, AND METHODOLOGY On behalf of the Town of Westlake’s Leadership Team, it is my pleasure to submit for your consideration the Proposed FY 2013-14 Budget. This year’s budget theme is “Moving Forward Together: A Growing Community, A Growing School”. Westlake is growing and developing, as is Westlake Academy, the Town’s charter school. Budget Approach As required by State law, the Town’s Proposed FY 2013-14 municipal budget has been prepared with the base assumption that the Town’s first priority is to have a balanced budget. The budget has also been prepared according to these criteria: • It is a Town priority to fund and deliver basic, high quality, municipal services to our residents and businesses. • Service levels are in alignment with residential feedback regarding priorities from our most recent 2013 Direction Finders (citizens’) survey results and the Town’s award winning Strategic Issues-focused Governance System (SIGS). Budget Format: Governing & Managing for Outcomes As our organization has developed, we have created a framework through the progression from a traditional strategic plan to a comprehensive governance system that is outcome focused integrating the following elements: • Vision driven strategic planning, strategy mapping, and outcome based performance indicators • Five (5) year financial forecasting, budgeting, and performance measurement linked to strategic priorities, objectives, and outcomes to ensure a long term approach that provides financial sustainability • Aligning resources to prioritized outcomes • Reporting to monitor progress in outcome achievement and accountability for results • Utilizing citizen surveys to gauge service satisfaction levels with Town services and resident willingness to pay for those services • Maintaining core services • Funding and implementing a Five (5) Year Capital Improvement Plan (CIP) and capital replacement Budget Methodology Certain assumptions, parameters, and approaches were utilized as the FY 2013-14 budget document was prepared consistent with our overall Town philosophy of operating our community with a focus on fiscal responsibility. These include: • Readily identifying and tracking cost increases as they relate to maintaining or increasing service levels • Identifying the use of fund balances and inter-fund transfers, delineating the amount for employee compensation increases, and clearly explaining the conservative approach used for revenue estimating 1 TRANSMITTAL LETTER • The Town Council’s financial policies (contained in the appendix of the budget) were followed in preparation of the budgeted numbers • Maintaining minimum fund balances to exceed Town Council policy requirements (90 day fund balance) • Conservative revenue estimating that identifies one-time and on-going revenues • All costs for base budgets, as well as service level adjustments due to cost increase and/or inflation, were “scrubbed” through review and analysis by the Town Manager and Finance Director. Programs of service were analyzed during budget review sessions with the Leadership Team. • Estimated expenditures for current levels of service in FY 2013-14 were achieved by: o Adjusting for actual spending in FY 2012-13 o Deducting one-time FY 2012-13 expenditures to create the adopted base budget for the coming fiscal year. Any anticipated cost increases, due to inflation or program cost escalations, were identified and separated from the current base budget in the form of “service level adjustments” (SLA’s). II. INVESTMENTS AND ACHIEVEMENTS Over the previous fiscal year 2012-13, the Town has accomplished many important milestones in pursuing our quest for Westlake to be a premiere place to live, work, and raise a family. These range from strategic-issues focused tasks to meeting various milestones, awards and recognitions, as follows: • Received the International City/County Managers Association 2013 ICMA Strategic Leadership & Governance Award for the Town’s Strategic Issues-Focused Governance Systems (SIGS). • Continued to receive recognition for the transparency and high quality of its financial reporting by receiving the following: o Distinguished Budget Presentation Award from the Governmental Finance Officers Association (GFOA) marking the 6th year in a row that we have received this honor for our municipal budget and the 4rd year for our educational services budget (Westlake Academy). o International Award for Budget Excellence from the Association of School Business Officials International for the past four years. o Certificate of Achievement for Excellence in Financial Reporting for our Comprehensive Annual Financial Report (CAFR), also known as the annual audit which has also been recognized through GFOA for the last five years. o The Town’s first Popular Annual Financial Report (PAFR) by converting much of the CAFR document into an easy-to-read format for our residents. • The Town’s open enrollment charter school, Westlake Academy, completed its 10th year of operations with another strong showing of academic and extra-curricular results by our students. • Westlake Academy was also ranked among the best high schools in America. o Washington Post shows them as 20th out of 1,900 schools across the nation. o Newsweek listed the school as the 52nd best high school in the United States o U.S. News & World Report ranked the school as 41st in the nation, 6th in Texas and 11th in national charter schools. They further designated the Academy as a Gold Medal recipient; one of only 2% in the nation to receive this designation of top 500 schools based on highest college readiness. 2 TRANSMITTAL LETTER • Recognized by the Texas Economic Development Council with an award for Deloitte University being the top economic development project in Texas for cities of Westlake’s size. • Completed construction on the State’s $15 Million Phase 1 FM 1938 (Davis Blvd.) project • Began installation of streetscape improvements on FM 1938 (Davis Blvd) with median plantings. • Completed and adopted a facility plan for Westlake Academy, the Town’s charter school that is integrated into the Towns 5 Year CIP. • Invested a total of $4.5M in the Town’s infrastructure through the Town’s CIP ($3.4M) as well as a public-private partnership with Hillwood Properties ($1.1M) for improvements to Westlake’s major roadways - Dove Road and JT Ottinger Road. This public-private partnership is a multi-year agreement in the amount of $5.7M. III. BUDGET THEME, TRENDS, & OVERVIEW As stated previously, the theme for this FY 2013-14 Proposed Budget is “Moving Forward Together: A Growing Community, A Growing School”. Over the last 5 years, after dealing with issues related to the Town’s fiscal sustainability, and then investing in our infrastructure, we are now turning our attention to growth related issues both in Westlake as a municipality and at our Town owned charter school. How We Got to This Fiscal Year’s Budget Theme Over the course of the last several years, we have incorporated a ‘theme’ into our budget document to help guide and focus our efforts on the critical issues facing us for the coming budget year. This has been an iterative process and as can be seen in how we have progressed in our budgeting over the last 5 fiscal years: • In FY 2009-10, the budget theme was “Critical Challenges, Critical Choices” as we initiated community-wide dialogue on how best to achieve our community’s vision for Westlake, ensure our quality of life, as well as begin the task of identifying our challenges as it related to our future financial sustainability. • In FY 2010-11, the budget theme was “Securing the Vision.” After a lengthy community dialogue and Council discussions, the Council took the important step to institute our first ad valorem property tax to stabilize our revenue stream and shift from a revenue source that relied almost solely on general sales and use tax. The decision reversed the preceding trend of depleting the General Fund. • Decisions in FY 2010-11 led to the FY 2011-12 budget theme of “Investing in Our Future”. This theme was derived by being able to assess a small property tax which would give us the ability to invest in the improvement of roadways and other infrastructure projects that would provide tremendous benefits to our residents and businesses over the next several years. • With our financial situation stabilized and investment in infrastructure occurring, the FY 2012-13 theme of “Driving Service Excellence” focused on providing resources that will improve our ability to deliver excellent customer service, something that is integral to maintaining Westlake’s quality of life and its status as a one-of-a-kind community. Short Term Trends Related to FY 2013-14 Proposed Budget “Moving Forward Together: A Growing Community, A Growing School.” The selection of any budget theme is intended to bring into focus how resources are recommended to be prioritized and used in order to take the next step in achieving or creating our vision, mission and community values for Westlake. 3 TRANSMITTAL LETTER 128 165 153 164 215 254 FY 08/09FY 09/10FY 10/11FY 11/12FY 12/13FY 13/14 Number of Westlake Students in Westlake Academy 1,241 1,265 844 705 1,027 2,079 FY 07/08FY 08/09FY 09/10FY 10/11FY 11/12FY 12/13 Waiting List for Westlake Academy 38 21 14 8 5 10 12 28 40 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 Housing Start Increases Over the history of our Town, budgets have been prepared with an eye toward being fiscally conservative, while providing for the highest quality of customer service that our residential population has come to expect in Westlake. However, with FY 2013-14 we see the short term trends of growth and investment in service excellence via our employees that “Move us Forward Together”. • Completing the second of a two (2) year program to move municipal employees’ compensation closer to market: this will move our municipal employees into the same compensation position per the same compensation policy that we utilize for Westlake Academy employees (i.e. to be within 3% of the market median) • Housing Start Increases: Westlake is seeing an upswing of single family residential family residential home construction. It can be seen from the side-chart how we are approaching pre-recession (i.e. ’05-05) housing starts. • Permanent Population Growth: The North Central Council of Governments has updated Westlake’s 2010 Census from 992 to 1,009. This is the portion of Westlake’s population that makes Westlake their permanent residence. An increase in population of 210 in 1990 to the present 1,009 represents a 380% increase. • Daytime Population Growth: Because Westlake is the home of major corporate office campuses, its Monday-Friday 8AM-5PM population is in the 10,000 -12,000 range. These office complexes are comprised of notable corporate clients that include Deloitte LLP, Core Logic and Fidelity Investments. Fidelity Investments expanded their office campus in 2008-09 and is currently populating it. • Impact of Westlake Academy on Westlake’s Residential Growth: The number of Westlake residents that are sending their students to Westlake Academy has doubled in the past five years. Resident surveys show Westlake Academy as one of the main reasons they have moved to Westlake, and why they plan to remain here. • Increase in Westlake Academy Enrollment: Westlake Academy, the Town’s charter school, has shown a steady total enrollment growth from 491 in FY 2009-10 to a projected 677 in FY 2013-14. The number of these students that live in Westlake has increased as shown in the side-chart. Attendance from the school’s secondary boundaries (i.e. outside Westlake) has increased as well. There has also been a corresponding increase in secondary boundary waiting list students; from 700 in 2010 to over 2,000 students for this past school year. 4 TRANSMITTAL LETTER • Beginning Phase I Facility Improvements: Construction has begun to add approximately 36,000 sq. ft. of new facilities comprised of 3 buildings (a secondary classroom building, field house, and primary years’ multi-use building) for which $8.5 million in debt was issued in FY 2012-13. • Comprehensive Plan: The Town’s 1992 Comprehensive Plan is in need of total review and consideration for updating. The Comprehensive Plan serves as the “blue print” for planning the Town’s growth and for that reason, is of paramount importance for the Town. To date, the current plan has had only had nominal review of the land use portion of the plan. However, a comprehensive plan has many elements and the financial resources proposed for FY 2013-14 will allow for holistic review of the entire plan and all its elements, not just the land use plan element. The total cost of this project ($338,950) is budgeted in FY 2013-14. • Sales Tax Growth: Sales tax for FY 2013-14 shows an upswing of $275,000 (7%) compared to FY12/13 estimated levels. Long Term Trends Related to the FY 13-14 Proposed Budget At this juncture, the short-term trends identified above appear to be the trend for the foreseeable future, thus becoming long term trends. The long term factors that will shape Westlake appear at this point to be: • Continued Westlake Permanent Population Growth: Housing starts do not appear to be slowing down any time soon. This is for two reasons. o First, existing lot inventory in developed Westlake subdivisions continues to be reduced through purchase by prospective Westlake residents. These include potential residents who are building in Westlake in order for their children to attend Westlake Academy. o Second, there are 2 developments slated to begin in the next 12-24 months. The first is Granada, an 84 lot single family residential subdivision. The second is Entrada, an 84 acre mixed-use development that will be comprised of various types of residential development as well as commercial development. • Completion of Phase 1 of Westlake Academy Facility Improvements: When these improvements are complete (scheduled for SY 2014-15), Westlake Academy’s enrollment will go from approximately 700 to 800. Budget Overview On behalf of the Leadership Team and all staff members, I am presenting the Town of Westlake’s Proposed FY 2013-14 budget document for the Council’s consideration as follows: • The FY 13-14 budgeted amount totals $31,762,959 for all funds (including $10,461,809 transfers in from fund balance for capital projects ($10.055M) and operating needs). The majority of this fund balance use results in the receipt of $9.5M in bond proceeds in FY 2012-13 with the projects being completed during FY 2013-14. • This represents a 41% fund balance decrease from the FY 2012-13 estimated budget. • If only municipal operating expenses were taken into consideration (removal of all expenses related to capital projects/outlay, Westlake Academy and inter-fund transfers), the FY 2013-14 proposed budget would show an increase of $1,300,172 (14%) in municipal expenditures from the FY 2012-13 estimates. 5 TRANSMITTAL LETTER • The major reasons for this increase are the following: o Increase of $904K in Operating Expenditures  $338K for Comprehensive Plan update  $477K increased payments for debt service obligations. Payment for the 2013 certificates of obligation is $507K. The Town took advantage of the low interest rates and refunded a portion of its debt in 2012-13 which reduced our overall payments; saving the Town approximately $27K in annual payments. o Increase of $395K in Payroll Expenditures  This increase includes $115,000 in market pay increases (inclusive of taxes and insurance) for work force attraction and retention and is the second year of a 2 year program. A portion of this increased expenditure is subsidized by transfers in from the Utility Fund ($11.5K) and the Visitors Association Fund ($11.5K).  This increase also includes the following personnel changes o $98,865 - addition of one full time Lieutenant o $56,550 - addition of one full time HR Generalist o $ 8,434 - change part time utility billing clerk to a full time position o ($11,549) - elimination of part-time HR clerk position  $50K increase relating to medical, dental and life Insurance costs (18%).  $52K increase for social security and medicare taxes, and TMRS costs (15%). Three years ago, in order to provide a more holistic and comprehensive overview of all of our financial obligations, revenue sources, and program of services that fall under the umbrella of the Town of Westlake, we began including the operational costs for Westlake Academy in the municipal budget. A summary of the changes in Fund Balance from the ending fund balances to the estimated FY 2012-13 fund balances are as follows: FY 13/14 Revision 5 Revision 5 FY 13/14 Projected Total Total Projected Beginning Revenues Expenditures Ending FY 12/13 FY 13/14 Fund and Other and Other Fund Percent Change Change Fund Type Balance Sources Uses Balance of Total Amount Percent General Fund 5,119,533 6,507,161 6,907,600 4,719,094 31% (400,439) -8% Special Revenue 1,088,580 2,007,853 1,986,029 1,110,405 7% 21,824 2% Debt Service - 2,090,226 2,090,226 - 0% - 0% Enterprise Funds 6,893,858 2,911,664 4,101,649 5,703,873 37% (1,189,985) -17% Internal Services 1,226,330 601,875 607,726 1,220,479 8% (5,851) 0% Capital Funds 10,541,484 768,900 9,634,434 1,675,949 11% (8,865,534) -84% Westlake Academy 729,487 6,506,662 6,435,295 800,854 5% 71,367 0% TOTAL 25,599,272 21,394,341 31,762,959 15,230,654 100% (10,368,618) -41% As can be seen above, the FY 2013-14 proposed budgets indicate a decrease in fund balance in the amount of ($10,368,618) for all Town funds. Bond proceeds to be used for the Westlake Academy Facility Expansion Project increased that fund’s fund balance by $8.5M in FY 2012-13. The Capital Project Fund balance reduction of $8.865M is a direct reflection of the construction of the following projects: • FM1938 Streetscape Project $893k • SH114/Hwy 170 Enhancement project $390K • Trail Connection at 114/Solana Project $15K • Westlake Academy West Parking Improvement Project $200K • Outdoor Warning System Project $99K • Westlake Academy Facility Expansion Project $8.068M 6 TRANSMITTAL LETTER The Enterprise Funds have another large reduction in fund balance and is related specifically to the Utility Fund, totaling ($1.189M). • This is primarily related to a construction project. The Town’s second ground storage tank should be completed by the end of FY 2013-14. During FY 2012-13 the Utility Fund received bond proceeds of $1.0M and an inter-fund loan of $500K from the General Fund. The inter-fund loan amount is scheduled to be re-paid over two years starting in FY 2014-15. The General Fund’s fund balance will decrease by $386K • The Town is anticipating an increase in revenues over the prior year by $277K o increased sales tax revenue $266K o permits and fees related to the Granada and Entrada developments $68K • Payroll increase of $317K o This increase includes a $115,000 market pay increase (inclusive of taxes and insurance) for work force attraction and retention and is the second year of a 2 year program. A portion of this increased expenditure is subsidized by transfers in from the Utility Fund ($11.5K) and the Visitors Association Fund ($11.5K). o This increase also includes the following personnel changes o $98,865 - addition of one full time Lieutenant o $56,550 - addition of one full time HR Generalist o $ 8,434 - change part time utility billing clerk to a full time position o ($11,549)- elimination of part-time HR clerk position o $50K increase relating to medical, dental and life Insurance costs (18%). o $52K increase for social security and medicare taxes, and TMRS costs (15%). • Operating expenditures increased $513K o $338K - Comprehensive Plan update o $ 41K - mandated bunker gear for part time fire/ems employees o $ 24K - new permitting software for the Planning and Development Department o $ 41K - increase to Keller Police contract services o $ 55K - increased building inspection costs related to the Entrada and Granada development. Special Revenue Fund’s fund balance will increase by $31K. • Debt service payments are budgeted to be transferred from the Visitors Association Fund (i.e. Hotel-Motel Occupancy Tax Fund) for the bond issuance related to the construction of the Westlake Academy’s Sam and Margaret Lee Arts & Sciences Center. IV. “DRILLING DOWN” INTO THE FY 2013-14 BUDGET Keeping our current year theme in mind, this budget has been prepared with the following four– fold strategic focus with the intent of achieving as an end product, an excellent quality of life for Westlake residents and businesses: • Continued substantial investment in the Town’s infrastructure • Investing in our employees, our most important resource for achieving service excellence • Maintaining our position as a premiere knowledge based community, as well as a community recognized both statewide and nationally for our innovative approaches to local government service delivery • Dealing with growth, both in Westlake and at Westlake Academy 7 TRANSMITTAL LETTER Service Level Adjustments The Town utilizes “service level adjustments” to track cost. A service level adjustment (SLA) is a request for any dollars in excess of the baseline/target budget. (FY 2012-13 adopted budget, adjusted for year-end estimates, less one-time purchases). There are 2 types of “Service Level Adjustments”. • Maintain - same level of service as previous year, but increased due to inflation, etc. o Activities that require additional resources to maintain the current level of service due to growth, new equipment, etc. are considered additions to the baseline/target budget and are included in the “SLA”. • New or expanded level of service. o All requests for new personnel, programs or equipment that represent a new addition to the current operation are considered additions to the baseline/target budget and are included in the new costs. o Show any revenues or reduction in current expenses these new or expanded levels of service will create o Designate if item represents an “Unfunded Mandate”. An unfunded mandate is a statute or regulation that requires a state or local government to perform certain actions, yet provides no money for fulfilling the requirements. Staff recommends continuing our two-year process, which began in FY 2012-13, to allocate resources to move municipal employees to a market competitive position in terms of their compensation that mirrors our policy and practice in regards to the Westlake Academy faculty, (i.e. target being within 3% of the median of the market for our various municipal positions). This gives us the opportunity to not only invest in this important organizational resource, but to address it in a way that reasonably assures we are market competitive and can attract and retain employees within reasonable economic boundaries. There would be no performance pay budgeted for FY 2013-14 in order to complete the implementation of Phase II in addressing our pay market deficiencies. To achieve our theme of “Moving Forward Together” the proposed FY 2013-14 budget reflects a total of $11,529,001 in service level adjustments which is invested in major areas of emphasis through service level adjustments as follows: SERVICE LEVEL ADJUSMENT TYPE ONE-TIME COSTS ON-GOING COSTS TOTAL AMOUNT Repair, Maintenance, Replacement 150,040 163,452 313,492 Operating Services 354,600 24,449 379,049 Operating Supplies 72,930 1,500 74,430 Payroll and Related - 409,080 409,080 Total Operating SLA Costs 577,570 598,481 1,176,051 Capital Improvement 10,237,814 - 10,237,814 Debt Service - 476,833 476,833 Increased Revenues - (361,696) (361,696) Total All SLA Costs 10,815,384 713,618 11,529,001 percent of total 94% 6% VI. AD VALOREM TAX ANALYSIS Ad valorem taxes account for 18% of General Fund revenue and 6% of our overall revenues. This will be the fourth year the Town has assessed a property tax. The ad valorem tax rate for the Town of Westlake continues to be the lowest for municipalities in the immediate area. 8 TRANSMITTAL LETTER The ad valorem tax rate per $100 of assessed valuation will remain at $.15684 for FY 2013-14. This is 2.5% less than the effective tax rate of $.16070 which we are allowed to use by law. As a reminder, the effective tax rate is the tax rate calculated by a complex formula to determine the tax rate that could be levied to raise exactly the same amount of revenue as in the preceding fiscal year. The Town’s “net taxable value before exemptions” increased by 5%, but the assessed valuation decreased by 0.89% for FY 2013-14 due primarily to increased homestead exemptions and abatement amounts. Even with these additional exemptions lowering the portion of our assessed valuation on which we can levy our property tax in FY 2013-14, we are able to use a lower tax rate than the effective tax rate because of on-going revenue streams, and one-time sales tax revenue from businesses located in Westlake. The ad valorem tax rate used in this proposed FY 2013-14 budget compared to the prior year rate is indicated in the table to the right. More property tax revenues than anticipated were received during FY 2011-12; therefore the FY 2012-13 rate was reduced slightly because those funds could be used to offset the bond payment. We do not anticipate any additional I&S property taxes during FY 2012-13; therefore, the rate increased slightly but was offset by the &O tax rate. V. PROPOSED BUDGET IN A FIVE YEAR CONTEXT Evaluating the budget within a forecast context is important as it shows whether we are on the right road financially in FY 2013-14. This excerpt from the updated Financial Forecast for the Town’s General Fund illustrates the trend for the next five years: ACTUAL ESTIMATED PROPOSED Projected Projected Projected Projected Projected DESCRIPTION FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Beginning Fund Balance $3,323,861 $4,383,390 $5,119,533 $4,719,094 $4,562,119 $4,263,262 $3,936,661 $3,762,222 Revenues & Transfers In 6,202,663 6,243,793 6,507,161 6,927,679 7,132,002 7,141,237 7,420,986 7,695,118 Expenditures & Transfers Out (5,143,134) (5,507,650) (6,907,600) (7,084,654) (7,430,859) (7,467,839) (7,595,425) (7,688,421) Net Total $4,383,390 $5,119,533 $4,719,094 $4,562,119 $4,263,262 $3,936,661 $3,762,222 $3,768,919 Total Restricted Funds 242,710 250,388 258,462 263,631 268,904 274,282 279,768 285,363 Ending Balance (projected) $4,140,680 $4,869,145 $4,460,632 $4,298,488 $3,994,358 $3,662,379 $3,482,455 $3,483,557 Operating Days 296 355 254 226 204 179 167 165 Excerpt from Five Year Forecast (General Fund section only) Fiscal Year Net Taxable Value Total Tax Rate Total Tax Revenue 2014 Proposed $856,728,618 $ 0.15684 $ 1,343,693 2013 Estimated $864,452,946 $ 0.15684 $ 1,355,808 2012 Actual $913,119,313 $ 0.15684 $ 1,432,136 2011 Actual $880,169,946 $ 0.16010 $ 1,409,152 FY 12-13 Adopted Tax Rate FY 13-14 Proposed Tax Rate Variance M&O $0.14197 $0.13888 ($0.00309) I&S $0.01487 $0.01796 $0.00309 Total $0.15684 $0.15684 ($0.00000) 9 TRANSMITTAL LETTER VII. CLOSING THOUGHTS The compilation of a budget like this one is the result of a high performing team that is focused on the overall goals and objectives established by the Council, customer service, program provision, financial stewardship and organizational and personal development. This team focus, along with the governance system, makes Westlake a truly unique community that produces top-notch results with a small staff while maximizing the use of public funds for our Town. Our community has faced many important decisions which have helped to shape our future and guide our growth. We have expanded our capacity as an organization through: • The development of strategic plans and identifiable performance measures for both our municipal and educational operations. • Conducting elected official governance and staff professional development sessions to improve our proficiency in those areas. • Keeping a continued short and long-term focus on fiscal management that involves responsible budgeting and transparency for our citizens. • Increasing our communication and outreach efforts to our community via the continued use of neighborhood meetings, corporate partnerships, and the re-design of our website. • Expanding enrollment, providing new course offerings, and emphasizing high student achievement and student expansion at Westlake Academy. All of these efforts are necessary to create the one-of-a-kind community that Westlake residents cherish and enjoy, one that allows us to focus in FY 2013-14 on “moving forward”. We exist as a municipal corporation for one reason and one reason only: to prioritize and deliver the best services possible with the resources provided to achieve an exceptional quality of life. This is a challenge the Staff takes very seriously, one that we pursue with vigor every day. High praise is due to the Leadership Team for their work on this budget. Additional recognition and thanks are due to Director of Finance Debbie Piper, and Finance Supervisor Jaymi Ford, for their efforts in assembling this budget document. It takes long hours to make this not only a financial document, but a policy document that is easy for our citizens to read and understand. I appreciate their dedication and the effort they have invested in this process. Finally, on behalf of myself and the entire Town Staff, I would like to extend thanks and appreciation to the Westlake Town Council. Your countless volunteer hours, invested in governance of and providing leadership to Westlake to make it the best community we can be, is foundational to any success we achieve. Sincerely yours, Thomas E. Brymer Town Manager/Superintendent Westlake Academy 10 TRANSMITTAL LETTER EXCERPT FROM THE 2013 CITIZEN SURVEY RESULTS Source: ETC Institute DirectionFinder (2013 – Westlake, TX) 11 TRANSMITTAL LETTER 12 CURRENT YEAR ANALYSIS REVENUES, EXPENDITURES, FUND BALANCE ALL SOURCES FISCAL YEAR 2013/2014 General Fund Special Revenue Funds Debt Service Enterprise Funds Internal Service Funds Capital Project Funds Westlake Academy 30%9%10%14%3%4%30%FY 13/14 % of FY 12/13 of total revenue of total revenue of total revenue of total revenue of total revenue of total revenue of total revenue Proposed Total Estimated Chg $ Chg % General Sales Tax 3,150,000 1,250,000 - - - - - 4,400,000 21% 4,125,000 275,000 7% Property Tax 1,189,825 - 153,868 - - - - 1,343,693 6% 1,355,792 (12,099)-1% Beverage Tax 50,000 - - - - - - 50,000 0% 49,000 1,000 2% Franchise Fees 650,388 - - - - - - 650,388 3% 643,950 6,438 1% Permits/Fees 786,000 - - - - - - 786,000 4% 719,860 66,140 9% Fines/Forfeits 570,000 - - - - - - 570,000 3% 560,000 10,000 2% Interest 8,670 3,445 - 6,100 1,875 12,400 - 32,490 0% 32,490 - 0% Misc Income 51,759 18,650 - 192,004 - - - 262,413 1% 275,815 (13,402)-5% Charge for Services - - - 2,713,560 - - - 2,713,560 13% 2,713,560 - 0% Hotel Tax - 700,000 - - - - - 700,000 3% 700,000 - 0% Total Revenues 6,456,641 1,972,095 153,868 2,911,664 1,875 12,400 - 11,508,543 54%11,175,466 333,077 3% Transfers In 50,520 35,758 1,936,358 - 600,000 500,000 - 3,122,636 15% 2,675,011 447,625 17% Other Sources - - - - - - - - 0% 9,874,059 (9,874,059)-100% Contributions - - - - - 256,500 - 256,500 1% 1,467,739 (1,211,239)-83% Total Other Sources 50,520 35,758 1,936,358 - 600,000 756,500 - 3,379,136 16%14,016,809 (10,637,673) -76% WA Revenues - - - - - - 6,461,662 6,461,662 30% 5,833,347 628,315 11% WA Others Sources - - - - - - 45,000 45,000 0% 69,137 (24,137)-35% Westlake Academy - - - - - - 6,506,662 6,506,662 30%5,902,484 604,178 10% Total Revenues and Other Sources $6,507,161 $2,007,853 $2,090,226 $2,911,664 $601,875 $768,900 $6,506,662 $21,394,341 100%$31,094,760 -$9,700,419 -31% 22%6%7%13%2%30%20%FY 13/14 % of FY 12/13 of total expenses of total expenses of total expenses of total expenses of total expenses of total expenses of total expenses Proposed Total Estimated Chg Amt Percent Payroll Salaries 2,339,745 - - - - - - 2,339,745 7% 2,047,481 292,264 14% Payroll Transfers (607,660) 286,107 - 321,554 - - - (0)0% - (0)0 Insurance 325,884 - - - - - - 325,884 1% 275,023 50,861 18% Taxes 209,783 - - - - - - 209,783 1% 184,339 25,444 14% Retirement 193,291 - - - - - - 193,291 1% 166,101 27,190 16% Total Payroll 2,461,043 286,107 - 321,554 - - - 3,068,704 10%2,672,944 395,760 15% Supplies 231,571 2,905 - 8,100 - - - 242,576 1% 182,725 59,851 33% Services 2,013,162 209,605 907 527,253 - - - 2,750,926 9% 2,334,995 415,931 18% Insurance 30,520 - - 4,790 - - - 35,310 0% 33,320 1,989 6% Maintenance 123,262 - - 129,615 - - - 252,877 1% 249,862 3,015 1% Rent & Utilities 299,812 36,435 - 130,760 - - - 467,007 1% 450,437 16,570 4% Interfund Advance - 185,758 - - - - - 185,758 1% 245,758 (60,000)-24% Debt - - 2,089,319 191,212 - - - 2,280,531 7% 1,803,476 477,056 26% Water Purchases - - - 1,110,600 - - - 1,110,600 3% 1,110,600 - 0% Total Expenditures 2,698,326 434,703 2,090,226 2,102,330 - - - 7,325,585 23%6,411,173 914,412 14% Capital Outlay 31,700 - - 15,000 - - - 46,700 0% 44,200 2,500 6% Capital Projects - - - 1,521,880 607,726 9,634,434 - 11,764,040 37% 3,872,238 7,891,802 204% Total Capital 31,700 - - 1,536,880 607,726 9,634,434 - 11,810,740 37%3,916,438 7,894,302 202% Transfers Out 1,716,531 1,265,220 - 140,885 - - - 3,122,636 10% 2,675,011 447,625 17% Other Uses - - - - - - - - 0% - - 0% Total Other Uses 1,716,531 1,265,220 - 140,885 - - - 3,122,636 10%2,675,011 447,625 17% WA Expenses - - - - - - 6,390,295 6,390,295 20% 5,890,169 500,126 8% WA Others Uses - - - - - - 45,000 45,000 0% 69,137 (24,137)-35% Westlake Academy - - - - - - 6,435,295 6,435,295 20%5,959,306 475,989 8% Total Expenditures and Other Uses $6,907,600 $1,986,029 $2,090,226 $4,101,649 $607,726 $9,634,434 $6,435,295 $31,762,960 100%$21,634,873 $10,128,088 47% Excess Revenues Over (Under) Expenditures -$400,439 $21,824 $0 -$1,189,985 -$5,851 -$8,865,534 $71,367 -$10,368,618 $9,459,887 -$19,828,505 -210% $5,119,533 $1,088,580 $0 $6,893,858 $1,226,330 $10,541,484 $729,487 $25,599,272 $16,139,384 $9,459,887 59% $4,719,094 $1,110,405 $0 $5,703,873 $1,220,479 $1,675,949 $800,854 $15,230,654 $25,599,272 -$10,368,618 -41% BEG FUND BALANCE ENDING FUND BALANCE REVENUES & OTHER SOURCES EXPENDITURES & OTHER USES 12/13 vs 13/14 12/13 vs 13/14 9/6/2013 13 CURRENT YEAR ANALYSIS REVENUES, EXPENDITURES, FUND BALANCE ALL SOURCES FISCAL YEAR 2013/2014 General Fund Special Revenue Funds Debt Service Enterprise Funds Internal Service Funds Capital Project Funds Westlake Academy 30%9%10%14%3%4%30%FY 13/14 % of FY 12/13 of total revenue of total revenue of total revenue of total revenue of total revenue of total revenue of total revenue Proposed Total Estimated Chg $ Chg % General Sales Tax 3,150,000 1,250,000 - - - - - 4,400,000 21% 4,125,000 275,000 7% Property Tax 1,189,825 - 153,868 - - - - 1,343,693 6% 1,355,792 (12,099)-1% Beverage Tax 50,000 - - - - - - 50,000 0% 49,000 1,000 2% Franchise Fees 650,388 - - - - - - 650,388 3% 643,950 6,438 1% Permits/Fees 786,000 - - - - - - 786,000 4% 719,860 66,140 9% Fines/Forfeits 570,000 - - - - - - 570,000 3% 560,000 10,000 2% Interest 8,670 3,445 - 6,100 1,875 12,400 - 32,490 0% 32,490 - 0% Misc Income 51,759 18,650 - 192,004 - - - 262,413 1% 275,815 (13,402)-5% Charge for Services - - - 2,713,560 - - - 2,713,560 13% 2,713,560 - 0% Hotel Tax - 700,000 - - - - - 700,000 3% 700,000 - 0% Total Revenues 6,456,641 1,972,095 153,868 2,911,664 1,875 12,400 - 11,508,543 54%11,175,466 333,077 3% Transfers In 50,520 35,758 1,936,358 - 600,000 500,000 - 3,122,636 15% 2,675,011 447,625 17% Other Sources - - - - - - - - 0% 9,874,059 (9,874,059)-100% Contributions - - - - - 256,500 - 256,500 1% 1,467,739 (1,211,239)-83% Total Other Sources 50,520 35,758 1,936,358 - 600,000 756,500 - 3,379,136 16%14,016,809 #########-76% WA Revenues - - - - - - 6,461,662 6,461,662 30% 5,833,347 628,315 11% WA Others Sources - - - - - - 45,000 45,000 0% 69,137 (24,137)-35% Westlake Academy - - - - - - 6,506,662 6,506,662 30%5,902,484 604,178 10% Total Revenues and Other Sources $6,507,161 $2,007,853 $2,090,226 $2,911,664 $601,875 $768,900 $6,506,662 $21,394,341 100%$31,094,760 -$9,700,419 -31% 22%6%7%13%2%30%20%FY 13/14 % of FY 12/13 of total expenses of total expenses of total expenses of total expenses of total expenses of total expenses of total expenses Proposed Total Estimated Chg Amt Percent Payroll Salaries 2,339,745 - - - - - - 2,339,745 7% 2,047,481 292,264 14% Payroll Transfers (607,660) 286,107 - 321,554 - - - (0)0% - (0)0 Insurance 325,884 - - - - - - 325,884 1% 275,023 50,861 18% Taxes 209,783 - - - - - - 209,783 1% 184,339 25,444 14% Retirement 193,291 - - - - - - 193,291 1% 166,101 27,190 16% Total Payroll 2,461,043 286,107 - 321,554 - - - 3,068,704 10%2,672,944 395,760 15% Supplies 231,571 2,905 - 8,100 - - - 242,576 1% 182,725 59,851 33% Services 2,013,162 209,605 907 527,253 - - - 2,750,926 9% 2,334,995 415,931 18% Insurance 30,520 - - 4,790 - - - 35,310 0% 33,320 1,989 6% Maintenance 123,262 - - 129,615 - - - 252,877 1% 249,862 3,015 1% Rent & Utilities 299,812 36,435 - 130,760 - - - 467,007 1% 450,437 16,570 4% Interfund Advance - 185,758 - - - - - 185,758 1% 245,758 (60,000)-24% Debt - - 2,089,319 191,212 - - - 2,280,531 7% 1,803,476 477,056 26% Water Purchases - - - 1,110,600 - - - 1,110,600 3% 1,110,600 - 0% Total Expenditures 2,698,326 434,703 2,090,226 2,102,330 - - - 7,325,585 23%6,411,173 914,412 14% Capital Outlay 31,700 - - 15,000 - - - 46,700 0% 44,200 2,500 6% Capital Projects - - - 1,521,880 607,726 9,634,434 - 11,764,040 37% 3,872,238 7,891,802 204% Total Capital 31,700 - - 1,536,880 607,726 9,634,434 - 11,810,740 37%3,916,438 7,894,302 202% Transfers Out 1,716,531 1,265,220 - 140,885 - - - 3,122,636 10% 2,675,011 447,625 17% Other Uses - - - - - - - - 0% - - 0% Total Other Uses 1,716,531 1,265,220 - 140,885 - - - 3,122,636 10%2,675,011 447,625 17% WA Expenses - - - - - - 6,390,295 6,390,295 20% 5,890,169 500,126 8% WA Others Uses - - - - - - 45,000 45,000 0% 69,137 (24,137)-35% Westlake Academy - - - - - - 6,435,295 6,435,295 20%5,959,306 475,989 8% Total Expenditures and Other Uses $6,907,600 $1,986,029 $2,090,226 $4,101,649 $607,726 $9,634,434 $6,435,295 $31,762,960 100%$21,634,873 $10,128,088 47% Excess Revenues Over (Under) Expenditures -$400,439 $21,824 $0 -$1,189,985 -$5,851 -$8,865,534 $71,367 -$10,368,618 $9,459,887 -$19,828,505 -210% $5,119,533 $1,088,580 $0 $6,893,858 $1,226,330 $10,541,484 $729,487 $25,599,272 $16,139,384 $9,459,887 59% $4,719,094 $1,110,405 $0 $5,703,873 $1,220,479 $1,675,949 $800,854 $15,230,654 $25,599,272 -$10,368,618 -41% 12/13 vs 13/14 12/13 vs 13/14 9/6/2013 BEGINNING FUND BALANCE ENDING FUND BALANCE REVENUES & OTHER SOURCES EXPENDITURES & OTHER USES 14 . 9/5/2013 FY 10/11 FY 11/12 FY 12/13 FY 13/14 Actual Actual Estimated Proposed Total Appraised Value 1,025,535,296$ 1,090,892,532$ 1,213,602,021$ 1,233,405,814$ percent change 6.37%11.25%1.63% Net Taxable Value 880,169,946$ 913,119,313$ 864,452,946$ 856,728,618$ percent change 3.74%-5.33%-0.89% Tax Rate Distribution General Fund (M&O)0.15620 0.13835 0.14197 0.13888 Debt Service Fund (I&S)0.00390 0.01849 0.01487 0.01796 TOTAL 0.16010 0.15684 0.15684 0.15684 percent change -2.04%0.00%0.00% Percentage Distribution General Fund (M&O)97.56%88.21%90.52%88.55% Debt Service Fund (I&S)2.44%11.79%9.48%11.45% TOTAL 100.00%100.00%100.00%100.00% APPRAISED AND TAXABLE VALUES TAX RATE DISTRIBUTION AD VALOREM PROPERTY TAX Fiscal Year 2013/2014 FOUR YEAR ANALYSIS $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 Total Appraised Value Net Taxable Value $1,026 $880 $1,091 $913 $1,214 $864 $1,233 $857 Mi l l i o n s FY 10/11 Actual FY 11/12 Actual FY 12/13 Estimated FY 13/14 Proposed 15 C ITIZENS OF W ESTLAKE M AYOR AND T OWN C OUNCIL Town Manager Court Supervisor Finance Assistant Town Manager Fire Chief Human Resources Public Works Facilities Maintenance / Parks & Recreation Planning & Development / Building Inspector Town Secretary Supervisor 6 Firefighter Paramedics 3 Lieutenants Sr. Administrative Assistant (.50) Clerk (.50) Deputy Clerk Marshal Judge Texas Student Housing Executive Director Board Secretary Administrative Coordinator Primary Principal Administrative Assistants (2) Nurse PYP Coordinator PYP Teachers PYP Counselor PYP Special Education Librarian MYP/DP Coordinator MYP/DP Teachers MYP/DP Counselors MYP/DP Special Education Exemplary Governance Town Officials, Both Elected and Appointed, Exhibit Respect, Stewardship, Vision, and Transparency Service Excellence Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship Secondary Principal Communications Billing Clerk Technician Personnel staffing levels for the Town of Westlake are presented in full-time equivalents (FTE) positions. For example, a position staffed for 40 hours per week for 52 weeks per year equals one full-time equivalent position with a total of 2,080 hours. Therefore an FTE position of .50 refers to a position that is funded for 1,040 hours per year. Human Resources Generalist Dining Hall Athletic Director Town Attorney Academy Municipal Director of Curriculum & Instruction Information Technology WA Technician Interns 2 x .50 Sr. Administrative Assistant (.50) WA Technician 16 8/26/2013 Dept Position FY 09/10 Actual FY 10/11 Actual FY 11/12 Actual FY 12/13 Estimated FY 13/14 Proposed change 11 Town Manager 1.00 1.00 1.00 1.00 1.00 - Assistant Town Manager - - - - 0.75 0.75 Assistant to the Town Manager 1.00 1.00 0.75 0.75 - (0.75) Part-Time Intern (1)0.25 0.50 0.50 0.50 0.50 - Part-Time Intern (2)0.25 0.25 0.25 0.50 0.50 - 12 Planning & Development Director 1.00 1.00 1.00 1.00 1.00 - Administrative Assistant 0.33 0.33 0.33 0.33 0.50 0.17 13 Town Secretary 1.00 1.00 1.00 1.00 1.00 - 14 Fire Chief 1.00 1.00 1.00 1.00 1.00 - Lt. Firefighter/Paramedics 2.00 2.00 2.00 2.00 3.00 1.00 Firefighter/Paramedics 6.00 6.00 6.00 6.00 6.00 - 15 Court Administrator 1.00 1.00 0.25 0.25 0.25 - Supervisor - - 1.00 1.00 1.00 - Deputy Clerk (1)1.00 1.00 - - - - Deputy Clerk (2)1.00 1.00 1.00 1.00 1.00 - Judge 1.00 1.00 1.00 1.00 1.00 - Marshal 1.00 1.00 1.00 1.00 1.00 - Part-Time Clerk 0.50 0.50 0.50 0.50 0.50 - 16 Public Works Superintendent 1.00 1.00 1.00 1.00 1.00 - Utility Technician 0.50 0.50 1.00 1.00 1.00 - Part-Time Utility Billing Clerk - - - 0.75 1.00 0.25 17 Facilities Maintenance Director 0.50 0.50 0.50 0.50 0.50 - Building Technician 0.25 0.25 - - - - Part-Time Technician - - 0.25 0.25 0.25 - Part-Time Clerk - - - - - - Administrative Assistant 0.33 0.33 0.33 0.33 0.25 (0.08) 18 Finance Director 1.00 1.00 1.00 1.00 1.00 - Finance Supervisor - - - 1.00 1.00 - Finance Assistant 1.00 1.00 1.00 - - - Finance Clerk 1.00 1.00 1.00 1.00 1.00 - 19 Parks & Recreation Director 0.50 0.50 0.50 0.50 0.50 - Administrative Assistant - - - - 0.25 0.25 Park Technician 0.25 0.25 - - - - 20 Information Technology Director - - 0.50 0.25 0.25 - 21 Human Resources Director 1.00 1.00 0.50 0.75 0.75 - Part-Time Clerk - - 0.50 0.50 - (0.50) Administrative Assistant 0.34 0.34 0.34 0.34 - (0.34) HR Generalist - - - - 1.00 1.00 22 Communications Director - - 1.00 1.00 1.00 - Westlake Academy 55.62 60.44 69.53 73.07 76.18 3.11 Total 82.62 87.69 97.53 102.07 106.93 4.86 Municipal Academy Total RECLASS - Dept 12-17-19-21 0.00 FY 09/10 27.00 55.62 82.62 STAFF REDUCTION - Dept 21 (0.50) FY 10/11 27.25 60.44 87.69 NEW EMPLOYEES - Dept 14-21-WA 5.11 FY 11/12 28.00 69.53 97.53 STATUS CHANGE - Dept 16 0.25 FY 12/13 29.00 73.07 102.07 Total Changes 4.86 FY 13/14 30.75 76.18 106.93 Personnel Position Summary All Years 17 08/26/13 FY 12/13 FY 13/14 change Percent Dept #Department Name Estimated Proposed Amount of total 11 Town Manager 2.750 2.750 - 3% 12 Planning & Development 1.333 1.500 0.167 1% 13 Town Secretary 1.000 1.000 - 1% 14 Emergency Services 9.000 10.000 1.000 9% 15 Municipal Court 4.750 4.750 - 4% 16 Public Works 2.750 3.000 0.250 3% 17 Facilities Maintenance 1.080 1.000 (0.080) 1% 18 Finance Dept 3.000 3.000 - 3% 19 Park & Recreation 0.500 0.750 0.250 1% 20 Information Technology 0.250 0.250 - 0% 21 Human Resources 1.583 1.750 0.167 2% 22 Communications 1.000 1.000 - 1% Westlake Academy 73.070 76.180 3.110 71% Total Employees 102.067 106.930 4.863 100% Personnel Position Summary FY 2013/2014 Town Manager Planning & Development Town Secretary Emergency Services Municipal Court Public Works Facilities Maintenance Finance Dept Park & Recreation Information Technology Human Resources Communications Westlake Academy 18 General Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax On-going 2,156,798 2,490,000 2,533,750 2,950,000 16%416,250 General Sales Tax One-time 377,976 - 350,000 200,000 -43%(150,000) Property Tax 1,271,975 1,183,514 1,225,000 1,189,825 -3%(35,175) Hotel Tax - - - - 0%- Charge for Services - - - - 0%- Donations 520 - - - 0%- Beverage Tax 38,286 32,750 49,000 50,000 2%1,000 Franchise Fees 664,991 664,925 643,950 650,388 1%6,438 Permits & Fees 598,395 476,150 717,860 786,000 9%68,140 Fines & Forfeitures 622,337 560,000 560,000 570,000 2%10,000 Investment Earnings 11,595 13,470 8,670 8,670 0%- Misc Income 80,933 51,277 61,552 51,759 -16%(9,793) Total Revenues 5,823,806 5,472,086 6,149,782 6,456,641 5%306,859 Contributions 325,000 - 11,094 - -100%(11,094) Transfers In 53,857 46,519 82,917 50,520 -39%(32,397) Other Sources - - - - 0%- Total Other Sources 378,857 46,519 94,011 50,520 -46%(43,491) TOTAL REVENUES & OTHER SOURCES 6,202,663 5,518,605 6,243,793 6,507,161 4%263,368 EXPENDITURES & OTHER USES Payroll Salaries 1,468,408 1,527,768 1,518,444 1,732,085 14%213,641 Payroll Insurance 265,344 275,023 275,023 325,884 18%50,861 Payroll Taxes 166,802 184,172 184,339 209,783 14%25,444 Payroll Retirement 161,635 165,944 166,101 193,291 16%27,190 Total Payroll and Related 2,062,189 2,152,907 2,143,907 2,461,043 15%317,136 Supplies 145,819 157,219 158,745 231,571 46%72,826 Services 1,462,783 1,564,864 1,590,242 2,013,162 27%422,919 Insurance 22,588 23,678 28,530 30,520 7%1,989 Repair & Maintenance 100,677 115,747 120,247 123,262 3%3,015 Rent & Utilities 279,804 269,770 286,962 299,812 4%12,850 Interfund Advance - - - - 0%- Debt - - - - 0%- Total Expenditures 2,011,672 2,131,277 2,184,726 2,698,326 24%513,600 Capital Outlay 188,786 18,700 29,200 31,700 9%2,500 Capital Projects - - - - 0%- Total Capital 188,786 18,700 29,200 31,700 9%2,500 Transfers Out - Operating DS/ED/GMR 844,088 944,319 649,817 1,216,531 87%566,714 Transfers Out - Non Operating 36,398 2,000,000 500,000 500,000 0%- Total Other Uses 880,486 2,944,319 1,149,817 1,716,531 49%566,714 TOTAL EXPENDITURES & OTHER USES 5,143,134 7,247,203 5,507,650 6,907,600 25%1,399,950 EXCESS REVENUES OVER(UNDER) EXPENDITURES 1,059,529 (1,728,599) 736,143 (400,439) -154%(1,136,582) FUND BALANCE, BEGINNING 3,323,861 4,383,390 4,383,390 5,119,533 17%736,143 FUND BALANCE, ENDING 4,383,390 2,654,791 5,119,533 4,719,094 -8%(400,439) Restricted/Assigned/Committed Funds 242,710 197,800 250,388 250,388 0%- UNASSIGNED FUND BALANCE, ENDING 4,140,680 2,456,991 4,869,145 4,468,705 -8%(400,439) # Days Operating (without non-operating transfers)296 171 355 255 -28%(100) Restricted/Assigned/Committed Funds C Court Technology 100 10112 00 000 84,591 66,000 88,802 88,802 0%- C Court Security 100 10113 00 000 102,239 89,000 104,867 104,867 0%- C Court Efficiency 100 10116 00 000 5,938 2,800 6,778 6,778 0%- R Reforestation 100 10110 00 101 20,794 16,000 20,794 20,794 0%- R Street Escrow (TB/RA)100 10110 00 102 29,147 24,000 29,147 29,147 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 242,710 197,800 250,388 250,388 0%- vs 19 FFUUNNDD OOVVEERRVVIIEEWW $1.95 $2.40 $2.60 $2.59 $2.27 $2.55 $3.76 $3.02 $3.52 $4.00 $0.40 $0.91 $0.40 $0.42 $0.75 $0.30 $0.89 $0.77 $0.79 $0.38 $0.35 FY 04/05FY 05/06FY 06/07FY 07/08FY 08/09FY 09/10FY 10/11FY 11/12FY 12/13 estimated FY 12/13 proposed Base Sales Tax Economic Development Agreement Audit Payment Presumed One-Time Payment General Sales Tax (shown in millions) GGEENNEERRAALL FFUUNNDD Revenues and Transfers In Total General Fund revenues and transfers in for FY 2013-14 are budgeted to be $6,521,364 • A 4% increase of $277,571 from the FY 2013-14 estimated revenues and transfers in of $6,243,793 o Increased Revenues $351,828  General Sales Tax $266,250  Beverage tax $1,000  Franchise Fees $6,438  Permits and Fees $68,140  Fines and forfeitures $10,000 o Decreased Revenues $74,256  Property Tax $20,972  Misc. Income $9,793  Contributions $11,094  Transfers In $32,397 General Sales Tax • Sales tax receipts comprise 48% of FY 2013-14 General Fund revenues. • Sales taxes for the General Fund are budgeted to increase by $266,250. o On-going sales tax is anticipated to increase by $416,250 based on current year trend and analysis. o Presumed one-time amounts are projected to decrease by $150,000 (as an effort to be conservative with this type of projection). • Sales taxes are collected on the sale of goods and services within the Town as authorized by the State of Texas. • The maximum sales tax allowed in the State of Texas is 8.25% per dollar on all taxable goods and services. Funds are collected by the Texas Comptroller of Public Accounts and remitted to the Town on a monthly basis. • An amount equal to 1.50% of the taxable sales (75% of local collections) is appropriated to the Town’s General Fund. This total includes the .50% that is received for “Property Tax Reduction”. • The Town also receives an additional .50% sales tax that is recorded in the 4B Economic Development Corporation Fund. General Sales Tax 48% Property Tax 18% Franchise Fees 10% Permits and Fees 12% Fines & Forfeitures 9% FY 13/14 Proposed Revenues 20 FFUUNNDD OOVVEERRVVIIEEWW $352 $457 $560 $649 $624 $603 $587 $665 $644 $650 FY 04/05FY 05/06FY 06/07FY 07/08FY 08/09FY 09/10FY 10/11FY 11/12FY 12/13 estimated FY 13/14 proposed Franchise Fee Revenues (shown in thousands) $0.74 $0.75 $0.90 $1.11 $0.86 $1.75 $0.53 $0.48 $0.72 $0.79 FY 04/05FY 05/06FY 06/07FY 07/08FY 08/09FY 09/10FY 10/11FY 11/12FY 12/13 estimated FY 13/14 proposed Permit and Fee Revenues (shown in millions) $1,009 $750 $650 $553 $522 $646 $605 $622 $560 $570 FY 04/05FY 05/06FY 06/07FY 07/08FY 08/09FY 09/10FY 10/11FY 11/12FY 12/13 estimated FY 13/14 proposed Municipal Court Revenues (shown in thousands) Property Tax • Property tax receipts comprise 18% of FY 2013-14 General Fund revenues. • FY 2010-11 was the first year the Town of Westlake imposed an ad valorem property tax. • The total tax rate of $.15684 will remain unchanged for FY 2013-14 Beverage Tax • The Town collects a 14% gross receipt tax on mixed beverages. • Of this percentage, 10.7% of gross liquor receipts are remitted to the Town, and the remaining 3.3% is retained by the State of Texas. • A $1,000 increase is budgeted for FY 13/14. Franchise Taxes • Franchise fees comprise 10% of FY 2013-14 General Fund revenues. • Franchise taxes represent revenues collected from utilities operating within the Town that use the Town rights-of-way to conduct their business. • A flat rate is charged to both telephone operators (adjusted annually) and Tri- County Electric based on the number of access lines and services rendered, respectively. • These fees are anticipated to only have a 1% increase of $6,438 for FY 2013-14. Permits and Fees • Permits and Fees comprise 12% of FY 2013-14 General Fund revenues. • License and permit revenues include fees charged by the Town for certain types of operator licenses, as well as permits for construction and other items regulated by Town ordinances. • Revenues for FY 2013/2014 are anticipated to be $786,000 and are based on 40 new home permits • Increased permits and fees are projected for new commercial and residential development (Granada and Entrada). Municipal Court Revenue • Fines and Forfeitures s comprise 9% of FY 2013-14 General Fund revenues. • The revenue generated from the Municipal Court is based on citations and warrants issued. • The Keller Police Department will continue to perform its contractual patrol of Westlake roads in FY 2013-14. Fiscal Year Net Taxable Value General Fund Rate Debt Fund Rate Total Tax Rate FY 10/11 actual $880,169,946 $0.15620 $0.00390 $0.16010 FY 11/12 actual $913,119,313 $0.13835 $0.01849 $0.15684 FY 12/13 actual $864,452,946 $0.14197 $0.01487 $0.15684 FY 13/14 Proposed $865,771,389 $0.13907 $0.01777 $0.15684 21 FFUUNNDD OOVVEERRVVIIEEWW Payroll & Related 36% Operating Expenses 39% Transfers Out 25% Transfers In • Transfers In represent those funds transferred from one fund to another. These transfers may be utilized as a means to fund projects or debt service from multiple sources. Transfers In may also be used to transfer funds collected by one fund but should be properly recorded in a different fund. Proposed Transfers in are: o Transfer in from the Visitor Association Fund $ 13,020  Funds represent operating expenditures for Department 22 - Communications & Community Affairs o Transfer in from the Utility fund $37,500  This is for collection of Fort Worth Impact Fees, which are collected with initial water deposits and tap fees on new water meters.  These funds are collected by the Utility Fund and transferred to the General Fund as a result of an agreement with the City of Fort Worth.  When the transferred total reaches $2,000,000 (remaining balance is $1.4M) these funds will be paid to the City of Fort Worth in compliance with the wholesale water customer agreement. Expenditures and Transfers Out Total General Fund expenditures and transfers out for FY 2013-14 are budgeted to be $6,907,600 • A 25% increase of $1,399,950 from the FY 2012-13 estimated expenditures and transfers out of $5,507,650. • As in recent years, Town staff continues to operate conservatively by controlling costs while maintaining the highest possible levels of service. These goals are only possible through continued strategic planning and the innovative use of available resources. Our overall budget philosophy focuses on meeting stated goals and objectives and maintaining a 90 day fund balance. Payroll/Salaries and Related Taxes/Insurance • Comprise 36% of expenditures with a total of $2,461,043 • This is a 15% increase of $317,136 from the FY2012-13 estimated payroll expenditures $2,143,907 o This increase includes a $115,000 market pay increase (inclusive of taxes and insurance) for work force attraction and retention and is the second year of a 2 year program. A portion of this increased expenditure is subsidized by transfers in from the Utility Fund ($11.5K) and the Visitors Association Fund ($11.5K). o This increase also includes the following personnel changes  $98,865 - addition of one full time Lieutenant  $56,550 - addition of one full time HR Generalist  $ 8,434 - change part time utility billing clerk to a full time position  ($11,549) - elimination of part-time HR clerk position o Insurance, taxes and retirement costs will increase by $103,495 for FY 2013-14 in conjunction with the changes noted above. FY 13/14 Proposed Expenditures 22 FFUUNNDD OOVVEERRVVIIEEWW • All payroll and related expenditures for the Town are paid via the General Fund. Portions of these expenditures are subsidized by the Utility Fund and the Visitors Association Fund. o Operating transfers in from the Utility Fund are $321,554 o Operating transfers in from the Visitors Association Fund are $286,107 Operating Expenditures • Comprise 39% of expenditures with a total of $2,698,326 • The is an increase of $513,600 from the FY 2012-13 estimated expenditures of $2,184,726 o The biggest portion of this increase ($422,919) is related to service expenditures.  Keller Police Contract $40,541  Building Inspections $55,550 – Increased for new commercial and residential development (Granada and Entrada)  Contract Services $338,950 – fees related to comprehensive plan update Transfers Out • Comprise 25% of proposed expenditures with a total of $1,716,531 and includes these transfers: o Increase - Transfer out to Debt Service Fund $566,714 o Increase – Transfer out to WA Expansion Fund $500,000 o Decrease – Transfer out to Utility Fund ($500,000) Fund Balance • The audited beginning fund balance as of October 1, 2012 was $4,383,390 • FY 2012-13 Adopted Budget o Projected an excess of expenditures and other financing uses over revenues and other financing sources by $(1,728,599) due primarily to a transfer out to the Utility Fund of $2,000,000. o This would have resulted in a budgeted fund balance of $2,654,791. • FY 2012-13 Estimated Budget o Projects an excess of revenues and other financing sources over expenditures and other financing uses by $736,143. o This represents an increase in fund balance of $1,014,365 from the adopted budget and is due primarily to transfers out to the Utility Fund decreasing $1.5M. o The ending fund balance as of September 30, 2013 is estimated at $5,119,533. o The undesignated balance of $4,869,145 represents coverage for 355 operating days. • FY 2013-14 Proposed Budget o Projects an excess of expenditures and other financing uses over revenues and other financing sources by $386,236. o Results in a budgeted ending fund balance of $4,733,297 o The unassigned balance of $4,143,959 represents coverage for 236 operating days. 23 4B Economic Development Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax 914,319 890,000 1,031,250 1,100,000 7%68,750 Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Donations - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 849 500 500 500 0%- Misc Income - - - - 0%- Total Revenues 915,167 890,500 1,031,750 1,100,500 7%68,750 Transfers In - - - - 0%- Other Sources - - - - 0%- Contributions - - - - 0%- Total Other Sources - - - - 0%- TOTAL REVENUES & OTHER SOURCES 915,167 890,500 1,031,750 1,100,500 7%68,750 EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services - - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures - - - - 0%- Capital Outlay - - - - 0%- Capital Projects - - - - 0%- Total Capital - - - - 0%- Transfers Out 1,004,360 920,230 1,210,134 1,100,500 -9%(109,634) Total Other Uses 1,004,360 920,230 1,210,134 1,100,500 -9%(109,634) TOTAL EXPENDITURES & OTHER USES 1,004,360 920,230 1,210,134 1,100,500 -9%(109,634) EXCESS REVENUES OVER(UNDER) EXPENDITURES (89,193) (29,730) (178,384) - -100%178,384 FUND BALANCE, BEGINNING 267,577 178,384 178,384 - -100%(178,384) FUND BALANCE, ENDING 178,384 148,654 - - 0%- Restricted/Assigned/Committed Funds 178,384 148,654 - - 0%- UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds A Cash 200 10110 00 000 178,384 148,654 - - 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 178,384 148,654 - - 0%- vs 24 FFUUNNDD OOVVEERRVVIIEEWW 4B ECONOMIC DEVELOPMENT FUND The 4B Economic Development Fund collects a ½ cent sales tax to be allocated to qualified development projects. The 4B Fund has been committed to the repayment of the debt incurred for the Town’s Civic Campus project. Revenues • FY 13/14 revenues are budgeted to be $1,100,500 o A 7% increase of $68,750 from the FY 12/13 estimated budget of $1,031,750 Expenditures and Other Uses • Transfers out to the Debt Service Fund for FY 13/14 are budgeted to be $1,100,500 25 Economic Development Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax 208,181 180,000 210,000 150,000 -29%(60,000) Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings - - - - 0%- Misc Income - - - - 0%- Total Revenues 208,181 180,000 210,000 150,000 -29%(60,000) Transfers In 35,758 35,758 35,758 35,758 0%- Contributions - - - - 0%- Total Other Sources 35,758 35,758 35,758 35,758 0%- TOTAL REVENUES & OTHER SOURCES 243,940 215,758 245,758 185,758 -24%(60,000) EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services - - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Economic Development Incentives 243,940 215,758 245,758 185,758 -24%(60,000) Total Expenditures 243,940 215,758 245,758 185,758 -24%(60,000) Capital Outlay - - - - 0%- Capital Projects - - - - 0%- Total Capital - - - - 0%- Transfers Out - - - - 0%- Total Other Uses - - - - 0%- TOTAL EXPENDITURES & OTHER USES 243,940 215,758 245,758 185,758 -24%(60,000) EXCESS REVENUES OVER(UNDER) EXPENDITURES - - - - 0%- FUND BALANCE, BEGINNING - - - - 0%- FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds - - - - 0%- UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds A Cash 210 10110 00 000 - - - - 0%- - - - - 0%- 0%- 0%- 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS - - - - 0%- vs 26 FFUUNNDD OOVVEERRVVIIEEWW EECCOONNOOMMIICC DDEEVVEELLOOPPMMEENNTT FFUUNNDD The Economic Development Fund was set up to maintain all receipts and disbursement of funds pertaining to agreements between the Town and various corporations for economic development. There was confusion regarding the additional revenues being recorded in the General Fund and offset by expenditures. These balances offset to zero but skewed the analysis of each. The Town is hoping this fund will bring more transparency to the public regarding these receipts and payments. • Fidelity (Phase I) – A schedule has been set up to repay $35,758 regarding this agreement thru FY 2015-16. • Deloitte’s agreement includes a 50% reimbursement of sales tax receipts. Revenues and Transfers In • Total revenues for FY 2013-14 are anticipated to be $185,758 o $150,000 sales tax from Deloitte o $35,758 transfer in from General Fund for the payment to Fidelity (Phase I) Expenditures • Total proposed expenditures for FY 2013-14 are $185,758 27 Lone Star Public Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Donations - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 45 45 45 45 0%- Misc Income - - - - 0%- Total Revenues 45 45 45 45 0%- Transfers In - - - - 0%- Other Sources - - - - 0%- Contributions - - - - 0%- Total Other Sources - - - - 0%- TOTAL REVENUES & OTHER SOURCES 45 45 45 45 0%- EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services - - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures - - - - 0%- Capital Outlay - - - - 0%- Capital Projects - - - - 0%- Total Capital - - - - 0%- Transfers Out - - - - 0%- Total Other Uses - - - - 0%- TOTAL EXPENDITURES & OTHER USES - - - - 0%- EXCESS REVENUES OVER(UNDER) EXPENDITURES 45 45 45 45 0%- FUND BALANCE, BEGINNING 13,531 13,576 13,576 13,621 0%45 FUND BALANCE, ENDING 13,576 13,621 13,621 13,666 0%45 Restricted/Assigned/Committed Funds 13,576 13,621 13,621 13,666 0%45 UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds A Cash 418 10110 00 000 13,576 13,621 13,621 13,666 0%45 TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 13,576 13,621 13,621 13,666 0%45 vs 28 FFUUNNDD OOVVEERRVVIIEEWW LLOONNEE SSTTAARR PPUUBBLLIICC FFAACCIILLIITTIIEESS FFUUNNDD This fund was set up initially with donations from several involved corporations that were going to benefit from tax-exempt bonds. The Lone Star Public Facilities Corporation was founded in 1996 and was designed “to provide for the acquisition, construction, rehabilitation, repair, equipping, furnishing and placement in service of public facilities in an orderly, planned manner and at the lowest possible borrowing costs.” The ideas was to “acquire, through the issuance of installment sale obligations, office buildings, located within the State of Texas but outside the boundaries of Westlake, whose tenants will be limited to those entities which are qualifying tenants under applicable federal income tax law so the interest payable with respect to the installment sale obligations will be exempt from federal income taxation.” No bonds were ever issued. The fund is earning interest annually. Revenues • Total proposed revenues for FY 2013-14 are $45 in interest earnings. Expenditures • There have been no expenditures from this fund since inception 29 Visitors Association Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax 590,853 540,350 700,000 700,000 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 3,438 2,900 2,900 2,900 0%- Misc Income 13,440 18,650 18,650 18,650 0%- Total Revenues 607,731 561,900 721,550 721,550 0%- Transfers In - - - - 0%- Contributions - - - - 0%- Total Other Sources - - - - 0%- TOTAL REVENUES & OTHER SOURCES 607,731 561,900 721,550 721,550 0%- EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers 255,339 255,225 255,225 286,107 12%30,882 Total Payroll and Related 255,339 255,225 255,225 286,107 12%30,882 Supplies 346.68 450 16,880 2,905 -83%(13,975) Services 182,553 213,075 201,645 209,605 4%7,960 Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities 37,480 35,677 34,225 36,435 6%2,210 Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures 220,379 249,202 252,750 248,945 -2%(3,805) Capital Outlay - - - - 0%- Capital Projects - - - - 0%- Total Capital - - - - 0%- Transfers Out 190,746 192,711 191,162 164,720 -14%(26,442) Total Other Uses 190,746 192,711 191,162 164,720 -14%(26,442) TOTAL EXPENDITURES & OTHER USES 666,465 697,138 699,137 699,772 0.09%634 EXCESS REVENUES OVER(UNDER) EXPENDITURES (58,734) (135,238) 22,413 21,778 -3%(635) FUND BALANCE, BEGINNING 1,111,281 1,052,547 1,052,547 1,074,959 2%22,413 FUND BALANCE, ENDING 1,052,547 917,309 1,074,959 1,096,738 2%21,778 Restricted/Assigned/Committed Funds 182,396 183,692 151,700 164,450 8%12,750 UNASSIGNED FUND BALANCE, ENDING 870,151 733,617 923,259 932,288 1%9,028 # Days Operating 477 384 482 486 1%4 Restricted/Assigned/Committed Funds Debt Service Payments 182,396 183,692 151,700 164,450 8%12,750 - - - - - - - - TOTAL RESTRICTED/ASSIGNED/COMMITED FUNDS 182,396 183,692 151,700 164,450 8%12,750 vs 30 FFUUNNDD OOVVEERRVVIIEEWW VVIISSIITTOORRSS AASSSSOOCCIIAATTIIOONN FFUUNNDD The Visitors Association Fund was established in late FY 1999-2000 and collects a 7% hotel occupancy tax from the Marriott Solana and any future Westlake hotels. FY 2004-2005 saw the launch of a new program in partnership with the Marriott to operate a shuttle service which delivers and returns Marriott visitors to DFW Airport. Hotel Occupancy Taxes are allocated to this fund and obtained through the assessment of a 7% hotel occupancy tax. Authority granted by the State of Texas allows cities to levy a tax not to exceed 7% of the rental rate for a hotel/motel room. Funds generated by the occupancy tax may be used in a manner that directly enhances and promotes tourism and the convention and hotel industry. Revenues • Total revenues for FY 2013-14 are budgeted to be $721,550 • Revenues are projected to remain flat when compared to FY 2012-13 estimated revenues. Expenditures and Transfers Out • Total expenditures for FY 2013-14 are budgeted to be $699,772 • This represents a 0.09% increase of $634 from the FY 2012-13 estimated expenditures. o Transfers Out to Debt Service decreased $30,443 due to the 2013 partial refunding of the 2008 bond payment on the Arts and Sciences center construction. o Supplies decreased $13,975 – Records management expense of $14,000 for FY2012- 13 will not be incurred in FY 13/14. o Services increased $7,960 – Marriot marketing expenditures increased $10,000 o Payroll transfers out to the General Fund increased $30,882 due to Phase II market increases. Fund Balance • FY 2013-14 ending fund balance is projected to be $1,096,738 31 Debt Service Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax 170,094 123,969 130,792 153,868 18%23,076 Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings - - - - 0%- Misc Income - - 3,609 - -100%(3,609) Total Revenues 170,094 123,969 134,401 153,868 14%19,467 Transfers In 1,465,086 1,462,483 1,456,336 1,936,358 33%480,022 Contributions - - - - 0%- Bond Refunding 7,799,196 - - - 0%- Total Other Sources 9,264,282 1,462,483 1,456,336 1,936,358 33%480,022 TOTAL REVENUES & OTHER SOURCES 9,434,376 1,586,452 1,590,736 2,090,226 31%499,490 EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Tranfsers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services 150,021 2,925 1,130 907 -20%(223) Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt 1,618,898 1,613,323 1,612,263 2,089,319 30%477,056 Total Expenditures 1,768,919 1,616,248 1,613,393 2,090,226 30%476,833 Capital Outlay - - - - 0%- Capital Projects - - - - 0%- Total Capital - - - - 0%- Transfers Out - - - - 0%- Bond Refunding 7,650,305 - - - 0%- Total Other Uses 7,650,305 - - - 0%- TOTAL EXPENDITURES & OTHER USES 9,419,224 1,616,248 1,613,393 2,090,226 30%476,833 EXCESS REVENUES OVER(UNDER) EXPENDITURES 15,153 (29,796) (22,657) - -100%22,657 FUND BALANCE, BEGINNING 7,504 22,657 22,657 0 -100%(22,657) FUND BALANCE, ENDING 22,657 (7,140)0 - 0%- Restricted/Assigned/Committed Funds 7,504 7,504 - - 0%- UNASSIGNED FUND BALANCE, ENDING 0 0 0 0 0%- Restricted/Assigned/Committed Funds - - - - 0%- - - - - 0%- - - - - 0%- - - - - 0%- - - - - 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS - - - - 0%- vs 32 FUND OVERVIEW DEBT SERVICE FUND The Debt Service Fund was created to clearly illustrate the Town’s debt service picture. The Town’s obligations are consolidated into one fund with payments being transferred from 4B Economic Development Fund, Property Tax Reduction Fund (in prior years), General Fund (in subsequent years) and the Visitors Association Fund. Future CO’s and General Obligation debt issuances will also be paid from this fund. The Debt Service Fund is used for the payment of general long-term debt principal, interest and related costs of Town issued debt. The Town of Westlake implemented an ad valorem property tax for the first time during FY 2010-11. There is no direct limit on debt for the Town. The Constitution of the State of Texas provides that the ad valorem tax levied by the Issuer for general purposes and for the purpose of paying debt service requirements of the Issuer’s general obligation debt shall not exceed $1.50 for each $100 of assessed valuation of taxable property. Revenues • $153,868 Ad Valorem Property Taxes Transfers In • $151,700 Transfers in from Visitors Association Fund • $1,100,500 Transfers in from 4B Economic Development Fund • $630,772 Transfers in from General Fund • $53,385 Transfers in from Utility Fund Expenditures • FY 2013-14 debt service expenditures are projected to be $2,090,226 • This is a 30% increase of $476,833 compared to FY 2012-13 estimated expenditures of $1,613,393. o $8.5M CO for Westlake Academy Expansion o $1.0M CO for Ground Storage Tank o $2.2M GO refunding of 2008 Certificates of Obligation Debt service payments are made for the following: Issues made for the construction of the Westlake Academy facilities: $12,400,000 Series 2002 Certificates of Obligation $ 6,410,000 Series 2003 Certificates of Obligation $ 7,465,000 Series 2007 General Obligation Refunding Bonds (partial refund of $12.4 CO issue) $ 7,375,000 Series 2011 General Obligation Refunding Bonds (partial refund of $12.4 CO and $6.4M issue) $ 2,200,000 Series 2013 General Obligation Refunding Bonds (refund of $2.5 CO) $ 8,500,000 Series 2013 Certificates of Obligation (Academy Expansion) Issue for various street projects: $ 2,095,000 Series 2011 Certificates of Obligation 33 FUND OVERVIEW $0.00 $0.25 $0.50 $0.75 $1.00 $1.25 $1.50 $1.75 $2.00 $2.25 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 20 2 5 20 2 6 20 2 7 20 2 8 20 2 9 20 3 0 20 3 1 20 3 2 $0 . 6 5 5 $1 . 0 6 3 $1 . 0 9 2 $1 . 1 1 0 $1 . 1 1 5 $1 . 1 5 4 $1 . 1 8 8 $1 . 2 2 2 $1 . 2 5 6 $1 . 2 9 6 $1 . 3 3 6 $1 . 3 8 1 $1 . 4 1 6 $1 . 4 6 7 $1 . 5 2 3 $1 . 5 7 9 $1 . 6 4 1 $1 . 6 9 8 $1 . 7 6 5 $1 . 6 7 0 $0 . 9 5 8 $0 . 9 3 0 $0 . 8 9 3 $0 . 8 7 7 $0 . 8 7 6 $0 . 8 3 5 $0 . 8 0 2 $0 . 7 6 8 $0 . 7 3 1 $0 . 6 9 3 $0 . 6 5 3 $0 . 6 0 9 $0 . 5 7 1 $0 . 5 1 9 $0 . 4 6 5 $0 . 4 0 7 $0 . 3 4 8 $0 . 2 8 9 $0 . 2 2 7 $0 . 1 6 6 Mi l l i o n s 20 Year Annual Debt Requirement Principal Interest Issue for Ground Storage Tank project: $ 1,000,000 Series 2013 Certificates of Obligation 34 Debt Service Fund Long-Term Debt Summary Pymt Fiscal 300.48840.00.13 300.48850.00.13 300.48840.00.12 300.48850.00.12 300.48840.00.11 300.48850.00.11 300.48840.00.10 300.48850.00.10 No.Year Principal Interest Principal Interest Principal Interest Principal Interest 1 2014 105,000 46,700 151,700 100,000 407,159 507,159 93,000 60,791 153,791 100,000 223,200 323,200 2 2015 120,000 44,450 164,450 195,000 312,044 507,044 97,000 57,704 154,704 440,000 217,800 657,800 3 2016 100,000 42,250 142,250 195,000 308,144 503,144 100,000 54,503 154,503 100,000 212,400 312,400 4 2017 130,000 39,950 169,950 200,000 304,194 504,194 75,000 79,475 154,475 275,000 207,275 482,275 5 2018 125,000 37,400 162,400 200,000 300,194 500,194 79,000 75,625 154,625 700,000 192,650 892,650 6 2019 135,000 34,463 169,463 205,000 296,144 501,144 83,000 71,575 154,575 715,000 171,425 886,425 7 2020 140,000 31,025 171,025 215,000 291,944 506,944 87,000 67,325 154,325 730,000 149,750 879,750 8 2021 145,000 27,463 172,463 215,000 287,106 502,106 91,000 62,875 153,875 750,000 127,550 877,550 9 2022 145,000 23,838 168,838 225,000 281,606 506,606 96,000 58,200 154,200 770,000 104,750 874,750 10 2023 150,000 20,375 170,375 230,000 275,344 505,344 101,000 53,275 154,275 790,000 81,350 871,350 11 2024 145,000 17,130 162,130 240,000 268,294 508,294 106,000 48,100 154,100 820,000 55,150 875,150 12 2025 155,000 13,830 168,830 240,000 261,094 501,094 111,000 42,675 153,675 260,000 36,250 296,250 13 2026 165,000 10,063 175,063 255,000 253,669 508,669 117,000 36,975 153,975 260,000 27,150 287,150 14 2027 160,000 6,000 166,000 260,000 245,619 505,619 123,000 30,975 153,975 275,000 17,100 292,100 15 2028 160,000 2,000 162,000 270,000 237,006 507,006 129,000 24,675 153,675 290,000 5,800 295,800 16 2029 - - - 390,000 225,794 615,794 136,000 18,050 154,050 - - - 17 2030 - - - 405,000 211,881 616,881 143,000 11,075 154,075 - - - 18 2031 - - - 415,000 197,531 612,531 150,000 3,750 153,750 - - - 19 2032 - - - 595,000 178,369 773,369 - - - - - - 20 2033 - - - 315,000 160,169 475,169 - - - - - - 21 2034 - - - 330,000 147,269 477,269 - - - - - - 22 2035 - - - 345,000 133,769 478,769 - - - - - - 23 2036 - - - 360,000 119,669 479,669 - - - - - - 24 2037 - - - 370,000 105,763 475,763 - - - - - - 25 2038 - - - 385,000 92,078 477,078 - - - - - - 26 2039 - - - 400,000 77,850 477,850 - - - - - - 27 2040 - - - 415,000 62,300 477,300 - - - - - - 28 2041 - - - 430,000 45,400 475,400 - - - - - - 29 2042 - - - 450,000 27,800 477,800 - - - - - - 30 2043 - - - 470,000 9,400 479,400 - - - - - - $2,080,000 $396,935 $2,476,935 $9,320,000 $6,124,599 $15,444,599 $1,917,000 $857,623 $2,774,623 $7,275,000 $1,829,600 $9,104,600 US Bank Partial refunding of 2002 & 2003 December 29, 2011 Issued By: US Bank US Bank Independent Bank Various street projectsUse:Refunding of 2008 (A&S Building)WA Expansion / Ground Storage Tank TOTAL Original Issue:$2,200,000 $9,500,000 Issue Date:April 2013 April 2013 March 29, 2011 $2,095,000 $7,375,000 TOTAL TOTAL TOTAL TOTAL Funded by Visitors Association Fund 4B Fund & General Fund DS 300 Property Tax 4B Fund & General Fund Type *refunding of 2008 Certificates of Obligation Certificates of Obligation *partial refunding of 2002/2003 Series SERIES 2013 GO-Refunding SERIES 2013 CO SERIES 2011 CO SERIES 2011 GO-Refunding 35 Pymt Fiscal No.Year 1 2014 2 2015 3 2016 4 2017 5 2018 6 2019 7 2020 8 2021 9 2022 10 2023 11 2024 12 2025 13 2026 14 2027 15 2028 16 2029 17 2030 18 2031 19 2032 20 2033 21 2034 22 2035 23 2036 24 2037 25 2038 26 2039 27 2040 28 2041 29 2042 30 2043 Issued By: Use: TOTAL Original Issue: Issue Date: Funded by Type Series 300.48840.00.07 300.48850.00.07 300.48840.00.03 300.48850.00.03 300.48840.00.02 300.48850.00.02 Principal Interest Principal Interest Principal Interest Principal Interest Total Debt 35,000 294,608 329,608 175,000 97,411 272,411 330,000 21,450 351,450 938,000 1,151,319 2,089,319 35,000 293,295 328,295 185,000 90,630 275,630 - - - 1,072,000 1,015,923 2,087,923 410,000 291,983 701,983 190,000 83,230 273,230 - - - 1,095,000 992,509 2,087,509 425,000 276,608 701,608 - 75,250 75,250 - - - 1,105,000 982,751 2,087,751 40,000 259,608 299,608 - 75,250 75,250 - - - 1,144,000 940,726 2,084,726 40,000 258,008 298,008 - 75,250 75,250 - - - 1,178,000 906,864 2,084,864 45,000 256,408 301,408 - 75,250 75,250 - - - 1,217,000 871,701 2,088,701 50,000 254,608 304,608 - 75,250 75,250 - - - 1,251,000 834,851 2,085,851 55,000 252,608 307,608 - 75,250 75,250 - - - 1,291,000 796,251 2,087,251 60,000 250,408 310,408 - 75,250 75,250 - - - 1,331,000 756,001 2,087,001 65,000 248,008 313,008 - 75,250 75,250 - - - 1,376,000 711,931 2,087,931 645,000 245,408 890,408 - 75,250 75,250 - - - 1,411,000 674,506 2,085,506 670,000 219,608 889,608 - 75,250 75,250 - - - 1,467,000 622,714 2,089,714 700,000 192,808 892,808 - 75,250 75,250 - - - 1,518,000 567,751 2,085,751 730,000 164,808 894,808 - 75,250 75,250 - - - 1,579,000 509,539 2,088,539 760,000 134,695 894,695 350,000 75,250 425,250 - - - 1,636,000 453,789 2,089,789 790,000 103,345 893,345 365,000 57,750 422,750 - - - 1,703,000 384,051 2,087,051 825,000 70,560 895,560 385,000 39,500 424,500 - - - 1,775,000 311,341 2,086,341 855,000 35,910 890,910 405,000 20,250 425,250 - - - 1,855,000 234,529 2,089,529 - - - - - - - - - 315,000 160,169 475,169 - - - - - - - - - 330,000 147,269 477,269 - - - - - - - - - 345,000 133,769 478,769 - - - - - - - - - 360,000 119,669 479,669 - - - - - - - - - 370,000 105,763 475,763 - - - - - - - - - 385,000 92,078 477,078 - - - - - - - - - 400,000 77,850 477,850 - - - - - - - - - 415,000 62,300 477,300 - - - - - - - - - 430,000 45,400 475,400 - - - - - - - - - 450,000 27,800 477,800 - - - - - - - - - 470,000 9,400 479,400 $7,235,000 $4,103,285 $11,338,285 $2,055,000 $1,367,021 $3,422,021 $330,000 $21,450 $351,450 $30,212,000 $14,700,513 $44,912,513 9/6/2013 US Bank Bank of New York Bank of New York Partial refunding of Series 2002 2nd phase construction of WA 1st phase construction of WA $7,465,000 $6,410,000 $12,400,000 January 15, 2002 TOTAL TOTAL March 15, 2007 June 23, 2003 TOTAL GRAND TOTAL 4B Fund & General Fund 4B Fund 200 4B Fund 200 *partial refunding of 2002 Certificates of Obligation Certificates of Obligation SERIES 2007 GO-Refunding SERIES 2003 CO SERIES 2002 CO 36 Cemetery Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services 4,500 5,400 5,960 5,960 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 171 175 100 100 0%- Misc Income - - - - 0%- Total Revenues 4,671 5,575 6,060 6,060 0%- Transfers In - - - - 0%- Contributions - - - - 0%- Total Other Sources - - - - 0%- TOTAL REVENUES & OTHER SOURCES 4,671 5,575 6,060 6,060 0%- EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies 450 - - - 0%- Services 4,064 3,600 2,900 4,225 46%1,325 Insurance - - - - 0%- Repair & Maintenance 1,767 1,800 2,215 7,215 226%5,000 Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures 6,281 5,400 5,115 11,440 124%6,325 Capital Outlay - - - - 0%- Capital Projects - - - - 0%- Total Capital - - - - 0%- Transfers Out - - - - 0%- Total Other Uses - - - - 0%- TOTAL EXPENDITURES & OTHER USES 6,281 5,400 5,115 11,440 124%6,325 EXCESS REVENUES OVER(UNDER) EXPENDITURES (1,610) 175 945 (5,380) -669%(6,325) FUND BALANCE, BEGINNING 148,963 147,353 147,353 148,298 1%945 FUND BALANCE, ENDING 147,353 147,528 148,298 142,918 -4%(5,380) Restricted/Assigned/Committed Funds 147,353 147,528 148,298 142,918 -4%(5,380) UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds A Cash 255 10110 00 000 50,139 49,349 50,417 45,136 -10%(5,281) A Open Cemetery Lots 255 15100 00 000 97,214 98,179 97,881 97,782 0%(99) 0%- 0%- 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 147,353 147,528 148,298 142,918 -4%(5,380) vs 37 FFUUNNDD OOVVEERRVVIIEEWW CEMETERY FUND The Cemetery program includes all operations associated with the 5.5 acre cemetery located on J.T. Ottinger Road. This includes interment, lot sales, record keeping, and all maintenance associated with the grounds, fences, trees and flower beds. The cemetery was donated and conveyed by deed to the Town during FY2008-09. Revenues • Total proposed revenues for FY 2013-14 are $6,060 • Revenue will remain flat when compared to FY 2012-13 estimated revenues. Expenditures • Total proposed expenditures for FY 2013-14 are $11,440 • This is an increase of $6,325 compared to FY 2012-13 estimated expenditures. o Increase of $5,000 for irrigation services o Increase of $1,325 for contracted services Fund Balance • The projected ending fund balance for FY 2012-13 is $142,918 o $45,633 Operating Cash o $97,284 Open Cemetery Lots 38 Utility Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES Charges for Services Water 2,228,018 2,112,000 2,112,000 2,112,000 0%- Charges for Services Sewer 627,096 529,800 529,800 529,800 0%- Charges for Services Trash 4,545 5,050 5,050 5,050 0%- Charges for Services Other 72,922 60,835 60,750 60,750 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 9,717 10,000 6,000 6,000 0%- Misc Income 87,040 89,434 192,004 192,004 0%- Total Revenues 3,029,338 2,807,119 2,905,604 2,905,604 0%- Transfers In - 2,000,000 500,000 - -100%(500,000) Other Sources - - 1,000,000 - -100%(1,000,000) Contributions 24,423 - - - 0%- Total Other Sources 24,423 2,000,000 1,500,000 - 100%(1,500,000) TOTAL REVENUES & OTHER SOURCES 3,053,761 4,807,119 4,405,604 2,905,604 -34%(1,500,000) EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers 253,673 273,812 273,812 321,554 17%47,742 Total Payroll and Related 253,673 273,812 273,812 321,554 17%47,742 Supplies 4,514 7,000 7,100 8,100 14%1,000 Services 444,980 521,828 539,078 523,028 -3%(16,050) Insurance 4,803 6,098 4,790 4,790 0%- Repair & Maintenance 127,265 141,500 127,400 122,400 -4%(5,000) Rent & Utilities 97,341 111,292 129,250 130,760 1%1,510 Debt 714,735 220,943 191,212 191,212 0%- Water Purchases 980,212 1,110,600 1,110,600 1,110,600 0%- Total Expenses 2,373,850 2,119,261 2,109,430 2,090,890 -1%(18,540) Capital Projects (166,045) 2,161,871 175,424 1,521,880 768%1,346,455 Capital Outlay 12,409 20,000 15,000 15,000 0%- Total Capital (153,635) 2,181,871 190,424 1,536,880 707%1,346,455 Transfers Out 95,507 87,500 87,500 140,885 61%53,385 Total Other Uses 95,507 87,500 87,500 140,885 61%53,385 TOTAL EXPENSES & OTHER USES 2,569,395 4,662,444 2,661,167 4,090,209 54%1,429,042 EXCESS REVENUES OVER(UNDER) EXPENSES 484,366 144,675 1,744,438 (1,184,605) -168%(2,929,042) FUND BALANCE, BEGINNING 4,516,756 5,001,122 5,001,122 6,745,560 35%1,744,438 FUND BALANCE, ENDING 5,001,122 5,145,797 6,745,560 5,560,955 -18%(1,184,605) Restricted/Assigned/Committed Funds 149,040 159,802 159,802 161,400 1%1,598 UNASSIGNED FUND BALANCE, ENDING 4,852,082 4,985,996 6,585,758 5,399,555 -18%(1,186,203) Operating Expenditures 2,639,932 2,413,073 2,398,242 2,427,444 1%29,202 # Days Operating 671 754 1,002 812 -19%(190) Restricted/Assigned/Committed Funds R Water/Sewer Deposits 10112 149,040 159,802 159,802 161,400 1%1,598 - - - - 0%- - - - - 0%- - - - - 0%- - - - - 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 149,040 159,802 159,802 161,400 1%1,598 vs 39 FFUUNNDD OOVVEERRVVIIEEWW UUTTIILLIITTYY FFUUNNDD REVENUES AND OTHER RESOURCES • Total proposed revenues for FY 2013-14 are budgeted to be $2,905,604 • A 34% decrease of $1,500,000 from the FY 2012-13 estimated revenues of $4,405,604 o This decrease amount is composed of $1M in bond proceeds and a $500K transfer in (inter- fund loan) from the General Fund in FY 2012-13 for the construction of a ground storage tank. • Utility Fund revenue is primarily comprised of fees for water and wastewater service. • The fund also receives a small portion of its revenue through tap fees and interest income, and currently serves as a mechanism for collecting and distributing debt service and impact fees. Water Revenue • Water revenues comprise 73% of FY 2013-14 Utility Fund revenues. o The Utility Fund is the recipient of all revenue generated from water sales in the Town. With the construction of Westlake’s master-planned residential developments, the Town placed new water infrastructure into service in 2000. o As Westlake’s customer base continues to expand, additional demands will be placed on the utility system, requiring incremental expansion and maintenance of infrastructure. • Effective October 1, 2013, Fort Worth rates will increase by 11% ($1.6720/1000 gal to $1.8560/1000 gal). FY13/14 Proposed Revenues Water Revenue 73% Sewer Revenues 18% Tap Fees 1% Impact Fees 2% Duct Bank 3% TRA Wastewater 3% $2.10 $1.94 $1.74 $2.11 $2.43 $2.22 $3.28 $3.05 $2.91 $2.91 FY 04/05 actual FY 05/06 actual FY 06/07 actual FY 07/08 actual FY 08/09 actual FY 09/10 actual FY 10/11 actual FY 11/12 actual FY 12/13 estimated FY 13/14 proposed Revenue Trends (shown in millions) 40 FFUUNNDD OOVVEERRVVIIEEWW Wastewater Revenues • Wastewater revenues comprise 18% of FY 2013-14 Utility Fund revenues. o Wastewater revenue is another major component of the Utility Fund. Wastewater revenue is expected to grow proportionate to future non-irrigation water demands. o These future increases can be attributed to both residential and commercial growth. o Effective December 1, 2013, TRA rates will increase by 14.7% ($4.788/1000 gal to $5.494/1000 gal) due to higher treated sewage volumes, capital project funding needs and associated operating costs. Ductbank Permit Fees • Ductbank permit fees and deferred revenues comprise 3% of FY 2013-14 Utility Fund revenues. o The ductbank is a series of Town owned conduit that houses underground telecommunication infrastructure in portions of Westlake. o Revenues from the ductbank are contingent upon utility companies leasing out portions of the conduit. o The Town continues to execute new leases with telecommunications companies. Waste Management • The Town receives a 12% fee from its franchisee for providing this service. o During FY 2008-09, the Town took over the billing and collection of residential solid waste user fees for its franchised hauler. o The Town changed from twice a week pick up schedule to once a week pick up schedule in lieu of a rate increase. o The current rate for solid waste and recycling service remains unchanged since 2008. EXPENSES AND OTHER USES • Total proposed expenses for FY 2013-14 are $4,090,209 • A 54% increase of $1,429,042 from the FY 2012-13 estimated expenses. • This increase amount is composed primarily of $1.346M relating to the construction of a ground storage tank. Services Provided The Utility Fund accounts for water and wastewater services for the residents of the Town. All activities necessary to provide such services are accounted for in the fund, including administration, operations, maintenance, financing and related debt service, and billing and collection. This fund also contains the planning and implementation of the ductbank. This is a series of underground conduit designed to house telecommunications services in Westlake. The ductbank is a public/private partnership that utilizes public and private sector capital, town planning and engineering and town operation. Phase I was completed in FY 2000-01 and became ready for occupancy in FY 2001-02 with leases following completion of construction. FY 2004-05 saw the completion of the ductbank extension from Vaquero to Pearson Road with a lease following the construction. The development of the Terra Bella subdivision extended the ductbank from Sam School Road through the subdivision to Dove Road. FY13/14 Proposed Expenses Operating Expenses 59% Capital Outlay /Projects 38% 41 FFUUNNDD OOVVEERRVVIIEEWW In 2010, Deloitte University constructed new ductbank through their development that connected the section at Dove/Pearson Lane to Ottinger Road at the Deloitte service entrance with leases following completion of construction. The Utility Fund is responsible for all water, sewer, and telecommunications ductbank service in the Town. The Town continues to use new automated technologies to control inflows into our storage facilities and minimize the annual peak payment charges from the City of Fort Worth. The fund is also burdened with three outstanding long-term obligations. 11.. The first is the proportionate buyout of infrastructure owned by the Hunt Trust which sold the Circle T Ranch to Hillwood. The Town’s agreement with Hillwood is that in exchange for dissolution of the Municipal Utility Districts (MUDs), the Utility Fund will reimburse Hillwood the share of purchased MUDs infrastructure for each development based upon the acres removed from the MUDs. Hillwood, in turn, must deposit these funds into an escrow account owned by the Hunt Trust. 22.. The second long term liability is the loan from Hillwood to the Town to construct the 16” and 20” transmission water lines and the US 377 Pump Station. The Town is contractually obligated to pay for this infrastructure through a surcharge on water rates. The Town is divided into two service areas, one being the Circle T Ranch, and the remaining areas within the Town’s limits which constitute the “Town” service area. The Town pays Hillwood $.25 cents per 1,000 gallons of water distributed to consumers in these two service areas. Each service area pays its respective portion of the overall debt based on the volume of water used from the customers. The contract clearly stipulates that this is not a general obligation of the Town. It is, however, required to be paid back through this assessment being attached to the water rate. The rate would have to be significantly increased to pay this debt off in the twenty years contemplated under the agreement. Hillwood has stated that once the Town and Hillwood agree on proportionate future infrastructure funding, this liability will be erased. Nevertheless, the obligation does exist and water rates should always be reviewed with this obligation in mind. 33.. The third long term liability is the joint Westlake/Keller water tower that was constructed to provide the necessary water storage and pressures within Westlake. Staff is committed to maintaining an up to date utility rate analysis to maintain the integrity of the fund. The budget is based on an adjustment in water and sewer rates from a rate study conducted in FY 2010-11. The fund revenues were estimated based on a water and sewer rates approved by the Town Council on December 13, 2010 and became effective January 1, 2011. The purpose of the rate increase was to fully recover all system costs as well as provide for capital improvements and maintenance of our water and sewer utility. In addition to the rate increase on December 13, 2011, Council also approved a “pass-through” rate adjustment ordinance that provides for an automatic adjustment to rates based on unit volume costs from the Town’s wholesale providers. - 50 100 150 200 250 300 350 400 450 500 550 FY 04/05 actual FY 05/06 actual FY 06/07 actual FY 07/08 actual FY 08/09 actual FY 09/10 actual FY 10/11 actual FY 11/12 actual FY 12/13 estimated FY 13/14 projected 294 325 359 420 450 475 480 481 491 501 10 Year Analysis - Utility Billing Accounts 42 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 12,467 - - - - 12,467 Construction - - 70,500 - - - - 70,500 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - 82,967 - - - - 82,967 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 82,967 - - - - 82,967 Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - 82,967 - - - 82,967 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - - - - - PROJECT FUNDING This project is intended to transfer ownership of a section of sewer line from Westlake and Southlake to TRA. It includes the design and construction of a metering station with SCADA equipment at the proposed Town of Westlake "Point of Entry." Westlake will be required to conduct an extensive inflow and infiltration study and perform repairs (separate capital improvement). 5 Year Projection 5 Year Projection IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT TRA Assumption of N-1 Sewer Line PROJECT EXPENSE 5 Year Projection 43 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 3,088 58,000 1,438,913 - - - - 1,500,001 Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 3,088 58,000 1,438,913 - - - - 1,500,001 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers 3,088 (3,088) 500,000 - - - - 500,000 Contributions/Grants - - - - - - - - Bond Issuance $1.0M - 61,088 938,913 - - - - 1,000,001 UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL 3,088 58,000 1,438,913 - - - 1,500,001 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - 500 530 545 560 2,135 Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - 500 - - 2,135 PROJECT FUNDING This project will consist of designing and constructing a new ground storage tank at the existing pump station. We anticipate this tank will be a 1,000,000 gallon tank and will be needed to augment services once Deloitte has become fully staffed. Maintenance (consisting of inspection and cleaning) would not be expected until year two. Total amount = $1,558,500; Debt service payments = approximately $170k/yr for 10 years. 5 Year Projection 5 Year Projection IMPACT ON OPERATING BUDGET FUNDED CAPITAL IMPROVEMENT Ground Storage Tank PROJECT EXPENSE 5 Year Projection 44 Utility Maintenance & Replacement Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 190 125 125 125 0%- Misc Income - - - - 0%- Total Revenues 190 125 125 125 0%- Transfers In 50,000 50,000 50,000 50,000 0%- Contributions - - - - 0%- Total Other Sources 50,000 50,000 50,000 50,000 0%- TOTAL REVENUES & OTHER SOURCES 50,190 50,125 50,125 50,125 0%- EXPENDITURES & OTHER USES 0%- Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 100%- Supplies - - - - 0%- Services - - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures - - - - 100%- Capital Outlay - - - - 0%- Capital Projects - 52,450 81,680 88,000 100%6,320 Total Capital - 52,450 81,680 88,000 100%6,320 Transfers Out - - - - 0%- Total Other Uses - - - - 0%- TOTAL EXPENDITURES & OTHER USES 0 52,450 81,680 88,000 100%6,320 EXCESS REVENUES OVER(UNDER) EXPENDITURES 50,190 (2,325) (31,555)(37,875)20%(6,320) FUND BALANCE, BEGINNING 42,640 92,829 92,829 61,274 -34%(31,555) FUND BALANCE, ENDING 92,829 90,504 61,274 23,399 -62%(37,875) Restricted/Assigned/Committed Funds 92,829 90,504 61,274 23,399 -62%(37,875) UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds A Cash 510 10110 00 000 92,829 90,504 61,274 23,399 -62%(37,875) TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 92,829 90,504 61,274 23,399 -62%(37,875) vs 45 FFUUNNDD OOVVEERRVVIIEEWW UTILITY- MAINTENANCE & REPLACEMENT FUND The Utility-Maintenance & Replacement Fund (UMR) was created to provide a mechanism for repair and replacement of capital assets such as pump stations, lift stations, elevated and ground storage facilities, etc. This fund receives planned portions of revenues from the Utility Fund allocated to future capital repair and replacement. As in the General-Maintenance and Replacement Fund, this was anticipated to help avoid future bond programs and force a more conservative pattern of spending in light of uncertain future revenues. This fund consists of systematic water and sewer line repairs and major maintenance projects funded by an operating transfer from the Utility Fund. Projects are included each year from a long-range maintenance schedule which incorporates routine scheduled maintenance and recommended replacement and upgrading of lines and permanent capital assets. Revenues • FY13/14 proposed revenues are $50,125 Expenditures • FY 13/14 proposed expenditures are $88,000 for the SCADA Replacement Project Fund Balance • FY 13/14 ending fund balance is projected to be $23,399 46 9/5/2013 Actuals Estimated Proposed FIVE YEAR Description 2003 - 2012 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 TOTALS TOTALS Sewer R&M - SS I&I 1 23,864 - - - - - - - 23,864 Pump Station Gate Retro-Fit 2 7,500 - - - - - - - 7,500 WA-Ext Envrnmt Imprvmts Irrig 3 - - - - - - - - - Pump/Motor Repair/Replacement 4 - 27,225 - - - - - - 27,225 Pump Station Equipment 5 - - - 160,000 165,000 175,000 - 500,000 500,000 SCADA Replacement 6 - - 88,000 - - - - - 88,000 Chevy Utility Truck 7 - - - 25,000 - - - 25,000 25,000 Ground Storage Tank R&M 8 - - - - - - - - - Fire Hydrant Repair & Painting 9 - - - - - - - - - Lift Station Pump Repairs 10 - 16,375 - - - - - - 16,375 Water Main R&M 11 - 38,080 - - - - - - 38,080 31,364 81,680 88,000 185,000 165,000 175,000 - 525,000 726,044 GRAND TOTAL Projection 5 Year Projection Utility - Maintenance and Replacement Fund 47 General Maintenance & Replacement Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES 0%- General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - 2,000 - 0%(2,000) Fines & Forfeitures - - - - 0%- Investment Earnings 2,465 1,750 1,750 1,750 0%- Misc Income - - - - 0%- Total Revenues 2,465 1,750 3,750 1,750 -53%(2,000) Transfers In 530,000 550,000 550,000 550,000 0%- Other Sources - - 6,250 - -100%(6,250) Contributions - - - - 0%- Total Other Sources 530,000 550,000 556,250 550,000 -1%(6,250) TOTAL REVENUES & OTHER SOURCES 532,465 551,750 560,000 551,750 -1%(8,250) EXPENDITURES & OTHER USES 0%- Payroll / Salaries - - - - 0%- Payroll Related & Benefits - - - - 0%- Payroll Transfers In - - - - 0%- Payroll Transfers Out - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services - - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures - - - - 0%- Capital Outlay - - - - 0%- Capital Projects 343,585 329,220 275,359 519,726 89%244,367 Total Capital 343,585 329,220 275,359 519,726 89%244,367 Transfers Out - - - - 0%- Total Other Uses - - - - 0%- TOTAL EXPENDITURES & OTHER USES 343,585 329,220 275,359 519,726 89%244,367 EXCESS REVENUES OVER(UNDER) EXPENDITURES 188,880 222,530 284,641 32,024 -89%(252,617) FUND BALANCE, BEGINNING 691,535 880,415 880,415 1,165,056 32%284,641 FUND BALANCE, ENDING 880,415 1,102,945 1,165,056 1,197,080 3%32,024 Restricted/Assigned/Committed Funds 880,415 1,102,945 1,165,056 1,197,080 3%32,024 UNASSIGNED FUND BALANCE, ENDING - - - - Restricted/Assigned/Committed Funds A Cash 600 10110 00 000 880,415 1,102,945 1,143,056 1,175,080 3%32,024 A Cash EMS 600 10110 14 101 0 0 22,000 22,000 0%0 TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 880,415 1,102,945 1,165,056 1,197,080 3%32,024 vs 48 FFUUNNDD OOVVEERRVVIIEEWW GENERAL MAINTENANCE & REPLACEMENT FUND The General Maintenance & Replacement Fund was created to provide a mechanism for the long term repair and replacement of large capital assets such as HVAC, walls, floors and ceilings, plumbing, electric, roadways, etc. This fund receives planned portions of revenues from each operating fund that owns and maintains capital assets to set aside for future capital repair and replacement. This helps to avoid future bond programs and encourages a more conservative pattern of spending in light of uncertain future revenues.. This fund supports systematic facility repairs and major maintenance projects funded by operating transfers from other Town funds. Project lists are developed annually from a long- range facility maintenance schedule, and incorporated into a routine schedule for maintenance and replacement of major facility equipment and infrastructure and permanent capital assets. Revenues and Transfers In • FY13/14 proposed revenues are $551,750 and are comprised of o $550,000 transfers in from the General Fund o $1,750 interest income • A 1% decrease of $8,250 from the FY 12/13 estimated budget of $560,000 Expenditures/Projects • FY13/14 proposed expenditures are $519,726 • An 89% increase of $244,367 from the FY 11/12 estimated budget of $275,359 Dept # Project # Description Amount 16 35 Illuminated Street Name Signs 24,000 17 7 WA-Irrigation System 15,225 17 24 WA-15 Ton Split HVAC System 39,786 17 25 WA-2 Ton Roof Top Units 62,100 17 32 WA-HVAC System Replacement 5,500 17 18 WA-Update Security System 25,000 17 19 WA-Update Security Cameras 7,615 17 29 WA-Heater Boilers 19,820 17 12 WA-Painting/Cloth Wall R&M 24,650 17 9 WA-Ext Environment Improvements Irrigation 5,000 17 36 WA-Plumbing Repair/Replacement 14,040 17 8 WA-Carpet/VCT Flooring 29,020 17 10 WA-Environment Building Upgrades light/water 5,500 17 17 WA-Refurbish Classrooms 23,795 17 23 Interior Building R&M 11,420 17 11 WA-Exterior Paint & Wood R&M 11,000 17 13 WA-Roof Repairs 12,755 17 39 Facilities Maintenance Vehicle 45,000 17 37 Contribution to WA - Facility 40,000 17 38 Contribution to WA - Technology 50,000 19 14 Trail Repairs and Maintenance 10,000 20 20 Servers & Network Storage 5,000 20 21 Network Printers/Peripheral Dev 5,000 20 27 Network Equipment 18,500 20 28 Phone System/Peripheral Devices 10,000 TOTAL EXPENSES $ 519,726 Fund Balance • Fund balance at FY 13/14 year-end is projected to be $1,197,080 49 Actuals Estimated Proposed 5 YEAR Description 2003 - 2012 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 TOTALS Ambulance Box, Chassis and Equipment 16 200,000 - - - - - - - Fire Chief Vehicle 30 - 49,085 - - - - - - Ladder/Pumper 34 - - - - - 1,400,000 - 1,400,000 Dept 14 - Total Fire/EMS 200,000 49,085 - - - 1,400,000 - 1,400,000 Illuminated Street Signs 35 - 24,000 24,000 - - - - - Dept 16 - Total Public Works - 24,000 24,000 - - - - - WA-Irrigation System 7 15,607 5,225 15,225 - 3,000 - 10,000 13,000 WA-15 Ton Split HVAC System 24 2,695 20,704 39,786 - - 12,000 - 12,000 WA-2 Ton Roof Top Units 25 11,903 14,000 62,100 - 5,000 - 10,000 15,000 WA-HVAC System Replacement 32 - - 5,500 5,000 5,000 13,000 - 23,000 WA-Update Security System 18 - 6,250 25,000 10,000 - 5,000 5,000 20,000 WA-Update Security Cameras 19 7,185 7,615 7,615 - - 6,000 10,000 16,000 WA-Heater Boilers 29 4,248 19,820 19,820 10,000 - - 5,000 15,000 WA-Painting/Cloth Wall R&M 12 3,300 9,000 24,650 - 10,000 8,000 10,000 28,000 WA-Ext Environmental Improvements Irrig 9 7,010 - 5,000 5,000 - 7,000 - 12,000 WA-Parking Lot 15 17,282 - - - 10,000 18,000 5,000 33,000 WA-Plumbing Repair/Replacement 36 - 5,000 14,040 5,000 5,000 5,000 - 15,000 WA-Carpet/VCT Flooring 8 2,515 9,000 29,020 - 5,000 - 10,000 15,000 WA-Envrnmt Bldg UG light/water 10 25,899 1,430 5,500 - 10,000 - 5,000 15,000 WA-Refurbish Classrooms 17 25,531 33,795 23,795 25,000 25,000 25,000 25,000 100,000 Interior Building R&M 23 2,800 10,420 11,420 - - 12,000 8,000 20,000 WA-Exterior Paint & Wood R&M 11 20,692 9,760 11,000 11,000 5,000 - 8,000 24,000 WA-Roof Repairs 13 5,116 12,755 12,755 - 8,000 - 5,000 13,000 Facilities Maintenance Vehicle 39 - - 45,000 - - - - - Contribution Exp to WA - Facilities 37 - - 40,000 - - - - - Contribution Exp to WA - Technology 38 - - 50,000 - - - - - Dept 17 - Total Facilities & Grounds Maintenance 151,784 164,774 447,226 71,000 91,000 111,000 116,000 389,000 Trail Repairs 14 - 10,000 10,000 10,000 10,000 10,000 10,000 40,000 Dept 19 - Parks and Recreation - 10,000 10,000 10,000 10,000 10,000 10,000 40,000 Servers & Network Storage 20 14,826 20,380 5,000 - - - 7,500 7,500 Network Printers/Peripheal Dev 21 630 - 5,000 5,000 5,000 5,000 10,000 25,000 Network Equipment 27 438 5,590 18,500 20,000 20,000 20,000 30,000 90,000 Server Replacements 33 8,763 - - 10,000 10,000 10,000 10,000 40,000 Phone System/Peripheal Devices 28 8,181 1,530 10,000 5,000 7,500 10,000 15,000 37,500 Dept 20 - Total Information Technology 32,838 27,500 38,500 40,000 42,500 45,000 72,500 200,000 384,622 275,359 519,726 121,000 143,500 1,566,000 198,500 2,029,000 GRAND TOTAL Projection 5 Year Projection General - Maintenance and Replacement Fund Proj. # 50 Westlake Academy 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 12/13 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 11/12 REVENUES & OTHER SOURCES Federal Program Revenues 152,351 69,239 82,367 67,722 -18%(14,645) State Program Revenues 4,362,921 4,488,261 4,583,926 4,855,506 6%271,580 Local Revenues 1,237,004 1,281,934 1,167,054 1,538,434 32%371,380 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- Total Revenues 5,752,276 5,839,434 5,833,347 6,461,662 11%628,315 Other Sources 93,884 44,823 69,137 45,000 -35%(24,137) Total Other Sources 93,884 44,823 69,137 45,000 -35%(24,137) TOTAL REVENUES & OTHER SOURCES 5,846,160 5,884,257 5,902,484 6,506,662 10%604,178 EXPENDITURES & OTHER USES 61 Payroll Related & Benefits 4,089,284 4,492,764 4,459,051 4,832,464 8%373,413 62 Professional & Contracted Services 1,075,052 749,490 850,996 882,229 4%31,233 63 Supplies and Materials 345,997 286,576 282,349 385,613 37%103,264 64 Other Operating Costs 283,228 289,986 297,773 289,989 -3%(7,784) 65 Debt Service - 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- 0%- Total Expenditures 5,793,561 5,818,816 5,890,169 6,390,295 8%500,126 Other Uses 150,470 57,663 69,137 45,000 -35%(24,137) Total Other Uses 150,470 57,663 69,137 45,000 -35%(24,137) TOTAL EXPENDITURES & OTHER USES 5,944,031 5,876,479 5,959,306 6,435,295 8%475,989 EXCESS REVENUES OVER(UNDER) EXPENDITURES (97,871)7,778 (56,822)71,367 -226%128,189 FUND BALANCE, BEGINNING 916,962 819,091 819,091 762,271 -7%(56,820) FUND BALANCE, ENDING 819,091 826,870 762,271 833,638 9%71,367 Restricted/Assigned/Committed Funds - - - - 0%- UNASSIGNED FUND BALANCE, ENDING 819,091 826,870 762,271 833,638 9%71,367 # of Operating Days 51 52 47 47 0%0 Restricted/Assigned/Committed Funds A Technology/FFE - - - - 0%- A Uniform/Equipment Replacement - - - - 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 0 0 0 0 0%0 vs 51 FUND OVERVIEW WESTLAKE ACADEMY This fund was incorporated into the Town’s budget beginning in FY 2010/11. Westlake Academy opened its doors in September 2003 when the Town of Westlake officials took advantage of the State of Texas’ acceptance of chartered schools and thus, became the first and only municipality in the state to receive a chartered school designation. As a chartered school, Westlake Academy is an open enrollment public school. In 2008 the Texas Education Agency (TEA) renewed the Academy’s charter until 2016. The officials who pioneered the school also decided to follow another brave path in offering the globally recognized International Baccalaureate (IB) curriculum which is now being provided in over 900 schools nationwide and over 2,300 in 128 countries worldwide. Westlake Academy is owned and operated by the Town of Westlake and is the largest operating department of the Town. The TEA requires a separate budget be submitted to the state. A portion of that budget is now incorporated into the Town’s annual budget. The Academy’s fiscal year begins on September 1st and ends of August 31st. Revenues • FY2013-14 adopted revenues are $6,506,662 Expenditures • FY 2013-14 adopted expenditures are $6,435,295 Fund Balance • FY 13/14 ending fund balance is projected to be $833,638 52 Excerpt from FY 2013-14 Adopted Westlake Academy Budget Executive Summary August 12, 2013 Honorable President and Board Trustees Westlake Academy 2600 J. T. Ottinger Road Westlake, TX 76262 Transmittal of FY 2013/14 Westlake Academy Budget “Growing Together; One School, One Community” As Superintendent of Westlake Academy, I am submitting for your consideration the Budget for FY 2013/14. This Budget for Westlake Academy encompasses all teaching and extra-curricular operating expenditures as well as State public school funding and private donations used to support the daily school operations of Westlake Academy in the 2013/14 school year. This FY 2013/14 All Funds Budget totals $6,390,294 representing a 9% increase from the prior year primarily due to increasing the number of classes in the PYP Programme Grade one and three, and staffing changes in the MYP Programme. The adopted FY 2013/14 budget increases the fund balance by $71,368 for a total of $829,033. With the continued support of the Westlake Academy Foundation, in addition to increased state funding, the Academy will be able to balance the budget beyond the five- year forecast. In the legislative session ending in 2013, public education funding increased slightly. Westlake Academy anticipates this to increase per student funding to $6,828. Figure 1 – All Funds Budget Summary Estimated Adopted $$%% BudgetBudget IncreaseIncrease FY 12/13FY 13/14 (Decrease)(Decrease) Beginning Fund Balance 819,090$ 762,269$ (56,822)$ -7% Revenues 5,833,347 6,461,662 628,315 11% Expenditures 5,890,169 6,390,294 500,125 8% Net Revenues over (under) Expenditures (56,822) 71,368 128,190 Other Resources 110,096 45,000 (65,096) -59% Other Uses (69,137) (45,000) 24,137 -35% Ending Fund Balance 803,227$ 833,636$ 30,409$ 4% Assigned - - - Ending Fund Balance (Unassigned)803,227$ 833,636$ 30,409$ 4% # Days Operating (Based on 365)50 48 (2) -4% Daily operating expense 16,137$ 17,508$ 1,370$ 8% 53 Budget Presentation I welcome the opportunity to present and discuss operational plans and related financial impact with all interested parties. Interaction among interested groups consistently leads to operational and educational improvements which become available to the students and parents of Westlake Academy. The development, review, and consideration of the 2013/14 Governmental Fund Budgets (the General Fund, and Special Revenue Funds) were completed with a detailed and exhaustive review of every revenue and expenditure item within the context of the Academy’s Vision, Mission and Values statements, Strategic Planning efforts, and Board Policy. The budget document and the year-end annual audit are the primary vehicles to present the financial plan and the results of operations at the Academy. The budget document is organized into the following sections: • Introductory Section – Introduces the reader to the document as a whole. It highlights important information contained in the budget. Users rely on this section to get an overview – a snapshot of what they can expect to find in the rest of the document. • Organizational Section – Provides the context and framework within which the budget is developed and managed. The context for the budget is substantially predicated on the type and level of service to be provided the students of the Academy. The framework also includes the Academy’s organizational and financial structure as well as the controls that direct and regulate the development and administration of the budget. • Financial Section – Presents the heart of the Academy’s budget document. The budget financial schedules present the adopted budget for the Academy compared with the results of past budget plans and with future projections. • Informational Section – Contains information on past and future budgets and factors influencing the adopted budget. It puts the adopted budget into context and it explains past budget decisions. 54 Westlake Academy Mission, Vision & Values Westlake Academy is a public charter school offering the International Baccalaureate (IB) curriculum. Founded in 2003, with a mission to achieve academic excellence and develop life-long learners who become well-balanced, responsible global citizens, Westlake Academy is the first and only municipally- owned school in the state to receive a charter designation. Westlake Academy is the fifth school of only ten in the United States, and the only public school, to offer the full IB curriculum for grades K-12. During this year’s budget retreat great care and consideration were given to the mission and vision of the Academy and the impact that these have on both the long-term goals of the Academy and its day- to-day operation. The vision and mission statements represent the outcome of this discussion and evidence the Board’s continued dedication to academic excellence and personal achievement. The values statements are currently being reviewed by the Board and are listed here for reference only. MISSION: “Westlake Academy is an IB World School whose mission is to provide students with an internationally minded education of the highest quality, so they are well-balanced and respectful life-long learners.” VISION: “Westlake Academy inspires students to achieve their highest individual potential in a nurturing environment that fosters the traits found in the IB learner profile.” ~ Inquirers, Knowledgeable, Thinkers, Communicators, Principled, Open-minded, Caring, Risk-takers, Balanced, and Reflective~ VALUES Maximizing Personal Development Academic Excellence Respect for Self and Others Personal Responsibility Compassion and Understanding The following desired outcomes summarize the goals and objectives established by the Board of Trustees and leadership staff at the Academy. Desired Outcomes High Student Achievement Strong Parent & Community Connections Financial Stewardship & Sustainability Student Engagement-Extracurricular Activities Effective Educators & Staff 55 Board Members and Administration The Westlake Academy Board of Trustees consists of five trustees and the Board President. Each member of the Board serves a two year term with two members and the president being elected on alternate years. Several members of the Westlake Academy Leadership Team operate under a shared service agreement with the Town of Westlake and serve dual roles. Board of Trustees Laura Wheat Clifton Cox Michael Barrett Rick Rennhack Carol Langdon Wayne Stoltenberg Board President -----------------------------------------Board of Trustees---------------------------------------- Westlake Academy Leadership Team *Thomas E. Brymer, Superintendent of Schools Clint Calzini, Secondary Principal Rod Harding, Primary Principal/Campus Director Andra Barton, Director of Curriculum and Instruction Benjamin Nibarger, Administrative Coordinator Alan Burt, Director of Athletics Shelly Myers, Exec. Director of the WAF/Director of Development To be named, MYP Coordinator Alison Schneider, PYP Coordinator Christian McCarthy, DP Coordinator *Ginger Awtry, Director of Communications & Community Affairs *Amanda DeGan, Assistant Town Manager *Troy Meyer, Director of Facilities *Debbie Piper, Director of Finance *Todd Wood, Director of Human Resources & Administrative Services *Asterisk denotes shared services personnel between Westlake Academy and the Town of Westlake 56 Budget Framework - “Governing and Managing for Outcomes” The budget document is but one part of a system designed to link together critical governance and management decision making tools. This system is called “Governing and Managing for Outcomes” and is designed to integrate: • Strategic planning • Five (5) year financial forecasting, budgeting, and performance measurement linked to priorities, objectives, and outcomes • Reporting to monitor progress in outcome achievement and accountability for results • Aligning resources to prioritized outcomes • Long term approach to ensure financial sustainability • Working within Board adopted financial policies for the Academy • Maintaining core services Budget Process The process of projecting the budgeting needs of the Academy is a continual process that responds to the changing needs of the Academy students and staff as well as changes in the fiscal environment such as the reduced State funding from FY 2009/10. The process of developing the Academy budget for fiscal year 2013/14 began with the Westlake Board of Trustees meeting that was held in February of 2013. Following is a summary of the main steps taken in preparation of the adopted budget. BOARD OF TRUSTEE BUDGET REVIEW The Board of Trustees regularly receives quarterly budget updates, some of which are detailed in the trend analysis and the five-year financial forecast discussed later in this document. Upon receipt of the adopted annual budget, the Board holds budget workshops to review adopted changes, their associated outcomes for the next fiscal year, as well as their impact in a five (5) year financial forecast. BUDGET ADOPTION The Board of Trustees holds the required public meeting and adopts the budget in August prior to beginning the fiscal year which runs from September 1st to August 31st. BUDGET AMENDMENTS The Final Amended Budget for the Year Ending August 31, 2013 will be submitted at the August, 2013 Board meeting. It will reflect all amendments previously approved by the Board of Trustees plus any final amendments. Often, these amendments influence the shaping of the current budget as actual trends in revenues and expenditures are realized and accounted for. 57 Figure 2 Budget Process Timeline Description of Activities October - December Strategic Plan preparation process occurs December Westlake Academy Leadership Team (WALT) begins planning FY 13/14 Budget January WALT meets with WA affiliates for joint planning for FY 2013/14 January - March Develop CIP, Five Year Projection & Personnel Cost Estimates February Broad overview of 2013/14 Budget with BOT April Develop improvement plans for each grade level/dept. May 17 Strategic Plan preparation process occurs, preliminary budgets developed June 7th BOT Budget Retreat June - July Current Budget Review August 13th BOT consideration/adoption of Westlake Academy FY 2013/14 Budget September - August Budget Amendments for FY 2013/14 Fall 2013 Begin strategic plan update/review process for FY 2014/15 January 2014 Annual Financial Report for FY 2012/13 Academy Approach The Academy approach to coping with the combination of fast student growth in a restricted funding environment along with increasing academic standards requires that the budget process is instructionally driven and guided by the Academy’s Strategic Plan. During the budget development process the staff reviewed all revenues and expenditures and focused on aligning the allocation of resources, both personnel and financial, with the accomplishment of established goals and objectives. 58 Explanation & Summary of Major Budget Components REVENUES The revenues received by Westlake Academy are classified into one of three broad categories: Federal, State or Local. State funding is the Academy’s largest revenue source making up over 74% of revenues from all funds. Staff estimates that the average level of total state aid paid through the Foundation School Program (FSP) in FY 2013/14 will be approximately $6,828 per student; approximately a four percent (4%) increase from the FY 2012/13 levels. As an open-enrollment charter school, Westlake Academy has the ability to establish specific class sizes and set limitations on secondary boundary enrollment. Enrollment for FY 2013/14 is projected at 675 students in accordance with the current plan to attempt to maintain 20 students per class. Federal funding is received through grants that support special education and accounts for approximately one percent (1%) of revenues for all funds. Local funding consists of two major sources, the Town and the Westlake Academy Foundation. As a municipally-owned charter school Westlake Academy does not have taxing authority; the Town of Westlake is responsible for debt service and capital improvements, these costs are estimated at $1,882,143 for FY 2013/14. The Westlake Academy Foundation is an independent non-profit organization that raises funds through donations and fund raising; the FY 2013/14 forecast is $1,594 per student, or approximately $1.1 million. EXPENDITURES Compensation and benefits are the largest operating cost for Westlake Academy. The current teacher pay scale is based on the Board policy of being within 3% of the median of the nine (9) surrounding public school districts. Per Board direction, the salary scale had a 1% pay increase for all faculty and staff members in the FY 2012/13, and staff is recommending a 1.5% pay increase for all faculty and staff members in the FY 2013/14 school year. The increase for all applicable staff equals $86,404 (approximately 2%, including step-increases). The shared services model that the Academy operates under with the Town of Westlake provides administrative services. These costs were previously booked to the Westlake Academy operating budget, but were removed from the Academy operating budget in the FY 2012/13 school year. The following table illustrates the indirect operating costs of running the Academy which are booked to the Town of Westlake’s General Fund and Debt Service Fund. Figure 3 - Overall Total Cost Summary – All Governmental Funds and Municipal Debt Service Payments Overall Cost Summary Estimated FY 12/13 Adopted FY 13/14 Westlake Academy Budget $5,881,484 $6,390,294 Estimated Town Funded Indirect Operational Costs (Support Services) 306,900 325,000 Subtotal All Operating Costs 6,188,384 6,715,294 Annual Debt Service Payment (Paid through Town) 1,498,528 1,935,529 Grand Total All Costs $7,686,912 $8,650,823 59 Other Considerations MULTI-YEAR FINANCIAL FORECAST Due to increased student enrollment, slight increases in State of Texas public education funding, additional support from the Westlake Academy Foundation and the Town of Westlake, the Academy anticipates that its Fund Balance will remain above the TEA’s recommended 45 days. Figure 4 – Revenues, Expenditures & Fund Balance – General Fund Summary Historically, revenues and expenditures have increased at relatively the same rate which has dictated the need for a higher fund balance in order to sustain the 45-day minimum requirement established by Board policy. PROGRAMS & FACILITIES Over the last three fiscal years, the Academy has increased course offerings in a number of areas, including, foreign languages, theater arts, technology, and science. This expansion of programs and facilities was primarily funded through the student expansion in the secondary programme. The increased offerings necessitated additional facilities in the form of three portable classroom buildings. During this same timeframe, the Academy has completed and the Board of Trustees adopted a Facility Master Plan. This plan provides a clear understanding of future growth needs at the Academy. The Facility Master Plan can be viewed on the Academy’s or the Town of Westlake’s website. Currently, the Academy is beginning Phase 1 of the Academy’s expansion plan. This includes three additional buildings, a secondary classroom building, a multi-purpose hall, and field house. These additional facilities will allow the Academy to accommodate approximately 850 students if new student enrollment occurs. FY 09/10 Actual FY 10/11 Actual FY 11/12 Actual FY 12/13 Estimated FY 13/14 Proposed FY 14/15 Estimated FY 15/16 Estimated FY 16/17 Estimated Revenues $4,280,723 $4,608,573 $5,244,170 $5,575,442 $6,212,057 $7,395,175 $7,522,490 $7,610,877 Expenditures $3,917,886 $4,518,107 $5,287,757 $5,632,264 $6,140,689 $7,027,343 $7,219,293 $7,416,992 Fund Balance $767,491 $914,660 $814,487 $757,666 $829,033 $1,182,027 $1,485,224 $1,679,110 $- $1 $2 $3 $4 $5 $6 $7 $8 Mi l l i o n s WA Program Growth 60 Financial Summary The budget is developed within the guidelines predicated by the Texas Education Agency and is organized into a series of accounts called funds. The total revenue for all funds for the Academy is estimated to be $6,461,662 and total expenditure appropriations amount to $6,390,294. The following schedules present a comparison of revenues and expenditures for all Governmental Funds in the Academy’s Budget. Budgets for the General Fund, the Food Service Fund (a Special revenue Fund) and the Debt Service Fund must be included in the official district budget (legal or fiscal year basis). The Academy does not maintain a Food Service Fund or a Debt Service Fund; therefore; the only fund legally adopted will be the General Fund. For informational purposes only, budgets for Special Revenue Funds are included throughout the presentation. Figure 5 – Table: Revenue Summary – All Governmental Funds Adopted Estimated Adopted Variance Audited Audited Audited Budget Budget Budget Estimated to FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 12/13 FY 13/14 Adopted REVENUES Federal Program Revenues $ 199,436 $ 157,445 $ 152,351 $ 69,239 $ 82,367 $ 67,722 $ (14,645) State Program Revenues 3,687,706 3,945,658 4,362,921 4,488,261 4,583,926 4,855,506 271,580 Local Revenues 656,508 874,206 1,237,004 1,281,934 1,167,054 1,538,434 371,381 $ 4,543,649 $4,977,309 $5,752,276 $5,839,434 $5,833,347 $6,461,662 $ 628,315 Figure 6 – Graph: Revenue Summary – All Governmental Funds The largest revenue source for Westlake Academy is State Foundation School Program funding which makes up 75% of All Governmental fund revenues. Federal Program Revenues 1% State Program Revenues 75% Local Revenues 24% Revenues 61 Figure 7 Table: Expenditure Summary – All Governmental Funds Figure 8 – Expenditure Summary – All Governmental Funds The largest expenditure category is Payroll & Related items which makes up approximately 76% of all Governmental fund expenditures. Adopted Estimated Adopted Variance AuditedAuditedAuditedBudgetBudgetBudget Estimated to FY 09/10FY 10/11FY 11/12FY 12/13FY 12/13FY 13/14 Adopted EXPENDITURES (BY FUNCTION) 11 - Instructional 2,428,184 2,764,022 3,170,372 3,377,707 3,515,750 3,633,683 117,933 12 - Resources & Media 87,511 73,398 89,129 140,756 67,543 60,785 (6,758) 13 - Staff Development 95,387 111,933 74,656 126,952 126,871 144,154 17,283 21 - Instructional Leadership 97,623 125,265 135,962 127,812 94,652 185,339 90,687 23 - School Leadership 286,307 294,931 347,515 353,683 385,289 456,515 71,226 31 - Guidance & Counseling 159,850 165,245 232,419 234,011 239,065 238,786 (279) 33 - Health Services 56,963 53,513 60,917 58,324 58,999 58,620 (379) 35 - Food Services 8,135 - 11,517 9,544 13,554 15,116 1,562 36 - CoCurricular/ Extra. Activities 116,808 7,275 131,972 186,036 154,344 221,087 66,743 41 - Administrative 318,624 105,472 675,763 314,263 333,902 362,289 28,387 51 - Maintenance & Operations 265,969 301,672 596,913 607,211 610,595 674,112 63,516 53 - Data Processing 157,923 525,273 173,587 166,686 166,687 247,719 81,032 61 - Community Services 59,592 154,962 76,880 91,890 94,989 92,091 (2,898) 71 - Debt Service 41,495 69,739 - - - - - 81 - Facility Acquisition/Construction - 132,286 15,960 23,940 27,930 - (27,930) Total Expenditures 4,180,369 4,884,985 5,793,560 5,818,815 5,890,169 6,390,294 500,125 Excess (Deficiency) of Revenues Over (Under) Expenditures 363,280 92,325 (41,285) 20,619 (56,822) 71,368 128,190 61XX - Payroll & Related Items 76% 62XX - Contracted Services 14% 63XX - Supplies & Materials 6% 64XX - Other Operating 4% Expenditures by Object 62 Budget Trends GENERAL FUND - STATE FUNDING Despite a 4% historical average annual growth rate, the State of Texas continues to lag behind the national average for per pupil funding, providing $1,000 to $1,500 less per pupil than the national average. Due to its Charter status, Westlake Academy receives less State funding per student than other non-charter public schools because public charter schools in the State of Texas do not receive facility funding. The Academy’s State funding per pupil peaked in FY 09-10 with cuts in the following two years due to state budget short-falls. In FY 2013/14, the Academy anticipates that state funding will increase approximately four percent (4%) based upon initial information from the TEA. Westlake Academy receives minimal federal funding (IDEA B – Special Education Funds) depending primarily upon state education funds and private donations to cover operating costs. The 2013 legislative session increased per student funding, but less than half the cut seen in the 2011 legislative session. As the single largest expenditure in the state’s budget, it is likely that any possible future reductions in spending may negatively impact public education funding. Due to prior state funding reductions, the Academy has become more dependent upon the private donations for operating costs and further financial support from the Town of Westlake. Funding ongoing operating costs with one-time dollars raised through private donations places the Academy in a potentially tenuous situation. If private donations do not meet the levels necessary to offset public education reductions, then the Town of Westlake must increase financial support or consider reducing levels of service. Figure 9 - Average Funding per Student The difference between the amount of Texas State funding and Westlake Academy is the amount dedicated to facilities funding. Public charter schools in Texas do not receive facility funding. - 2,000 4,000 6,000 8,000 10,000 12,000 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12 Estimated 12/13 Adopted Average Funding / Student WA Mean Texas Mean National Mean 63 The largest funding sources for Westlake Academy continue to be State funding and the Blacksmith Apprentice Program. State funding was 86% of General Fund revenues in FY 09/10 and are currently approximately 77%, while Blacksmith contributions have climbed from less than 10% to approximately 17% of the Academy’s total General Fund Revenues in FY 2013/14. Figure 10 - General Fund Revenues by Source GENERAL FUND - LOCAL FUNDING The Blacksmith annual program contributions have increased each year. Despite the decline seen in FY 06/07, the average contribution per student has increased sharply in response to the public education funding decreases. Blacksmith contributions should reach approximately $1.1 million in FY 2013/14. Figure 11 - Blacksmith Contributions The FY 2013/14 Blacksmith contributions of $1,079,000 are based on an estimated per-student average donation of $1,594. $0 $1 $2 $3 $4 $5 $6 FY 08/09 Audited FY 09/10 Audited FY 10/11 Audited FY 11/12 Audited FY 12/13 Adopted FY 12/13 Estimated FY 13/14 Proposed Mi l l i o n s FY 2013/14 Revenues by Source Transportation & Parking Athletic Activities Income Local Revenue WAF Salary Reimbursement Lunchroom Revenues Investment Earnings Gifts & Donations Blacksmith Apprentice Program (WAF)Total State Revenues FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 Est. FY 12/13 Proposed FY 13/14 Blacksmith $239,446 $335,727 $388,377 $407,012 $394,129 $431,409 $524,038 $674,604 $720,078 $1,079,000 Avg. $/Student $907 $1,036 $1,122 $1,074 $945 $879 $989 $1,106 $1,108 $1,594 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 $2,000 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 To t a l C o n t r i b u t i o n s Blacksmith Program Contributions 64 Service Level Adjustments This budget makes use of Service Level Adjustments (SLA’s) to track any cost changes. These cost changes will fall into one of four categories: first, increased operating costs to maintain current levels of service; second, increased operating costs due to expanded levels of service; third, increased costs due to the development of new services, and fourth, cost savings. Cost savings may occur for any number of reasons, but primarily arise due to increased efficiency, service level reductions, or not expending the budgeted resources. Generally speaking, Service Level Adjustments (SLA’s) in this budget fall into the category of increased operating costs for existing programs. Some SLA’s are due to existing program expansion, such as increasing the number of international teachers at Westlake Academy. SLA’s involving new expenditure areas to target for recommendation to the Board for FY 2013/14, staff recommended several areas for adjustments: Salary Related Expenditures Total: $318,665 Desired Outcome: High Student Achievement In FY 2013/14 we will have 76.18 full-time equivalent employees (FTE’s), an increase of 3.11 FTE’s. The increase in expenditures is the result of a combination of adding new positions, the years of experience our new teachers, an increase in unemployment insurance and other employer contributions, as well as the increased cost associated with teacher classifications and international teacher stipends. • Asst. to Secondary Principal (.50) • PYP Grade 3 (1.0) • PYP Grade 1 (1.0) • PYP Grade 6 (-1.0) • Secondary Humanities (.25) • Secondary Science (.16) • Secondary Foreign Language (1.0) • SPED Instructional Aide (.20) • Salary Adjustments ($86,400) Professional & Contracted Services Total: $60,470 Desired Outcome: High Student Achievement Professional and contracted services rendered to the Academy by firms, individuals, and other organizations. These represent the approximate services that are rendered for the Academy. • Facility Maintenance ($3,000) • TxEIS and ESC 11 ($18,000) • Data and Phone ($3,000) • Water ($4,500) • ISA & DP Exams ($9,000) • Athletics ($18,000) • Legal Fees ($10,000) • Miscellaneous ($-5,030) 65 Supplies & Materials Total: $95,904 Desired Outcomes: Effective Educators & Staff – High Student Achievement Supplies and materials costs are associated with consumables that are used in the classroom, maintenance of the campus, books, testing materials, furniture, and classroom supplies. • Furniture ($15,000) • Classroom supplies, SPED Supplies, Shipping (IB Exams), etc. ($67,000) • Exams (ISA & IB) ($9,362) • Facilities Maintenance ($5,800) • Textbooks (-$4,500) • Reading Materials ($2,200) • Miscellaneous (1,042) Other Operating Costs Total: $33,387 Desired Outcome: Effective Educators & Staff – High Student Achievement Other operating costs are associated with insurance, professional development, travel, membership fees and dues, graduations expenses, and miscellaneous costs. • Professional Development (-$7,000) • Travel (-$500) • Insurance ($19,750) • Fees & Dues ($8,153) • Miscellaneous ($12,984) 66 Individual Fund Summary GENERAL FUND The General Fund is a governmental fund with budgetary control which is used to show transactions resulting from operations of on-going organizations and activities from a variety of revenue sources. FY 2013/14 Adopted: Revenues = $6,212,057 Expenditures =$6,140,689 Figure 12 - Revenue & Expenditure Comparison – General Fund Expenditures have exceeded revenues over the last two fiscal years. This is due to the State’s reduction in public education funding, approximately an eight percent (8%) decline. $2 . 4 1 $2 . 8 8 $3 . 1 7 $3 . 6 6 $4 . 2 8 $4 . 6 1 $5 . 2 4 $5 . 6 9 $5 . 5 8 $6 . 2 1 $2 . 2 1 $2 . 6 2 $3 . 2 3 $3 . 7 1 $3 . 9 2 $4 . 5 2 $5 . 2 9 $5 . 6 3 $5 . 6 3 $6 . 1 4 $0 $1 $2 $3 $4 $5 $6 $7 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 Adopted FY 12/13 Estimated FY 13/14 Proposed Mi l l i o n s Revenue & Expenditure Comparison Revenues Expenditures 67 SPECIAL REVENUE FUNDS The Special Revenue Funds are the funds that account for local, state and federally financed programs or expenditures legally restricted for specified purposes or where unused balances are returned to the grantor at the close of a specified project period. Figure 13 – Special Revenue Funds Variance Estimated Presented Estimated FY 12/13 FY 13/14 to Presented SPECIAL REVENUE FUNDS Federal Grants through TEA Fund 224 - IDEA B $ 81,958 $ 67,722 $ (14,236) Fund 225 - IDEA B Preschool 409 - (409) Sub-total Federal Grants 82,367 67,722 (14,645) State Grants through TEA Fund 410 - Material Allotment Disbursement 47,891 52,899 5,008 Sub-total State Grants 47,891 52,899 5,008 Local Activities Fund 461 - Local Campus Activity 60,435 60,000 (435) Sub-total Local Activities 60,435 60,000 (435) Hudson Foundation Grants Fund 498 - Director of Curriculum & Instruction - 68,984 68,984 Sub-total Hudson Foundation Grants - 68,984 68,984 Westlake Academy Foundation Grants Fund 482 - Fund100 1,469 - (1,469) Fund 490 - Whole School Professional Development 23,523 - (23,523) Fund 491 - Students Shoulder to Shoulder 8,400 - (8,400) Fund 493 - IB Learns Grant 27,820 - (27,820) Fund 497 - Financial Assistance 2,000 - (2,000) Sub-total Foundation Grants 63,211 - (63,211) Westlake Academy House of Commons Grant Fund 496 - iStation Grant 4,000 - (4,000) Sub-total House of Commons Grants 4,000 - (4,000) Grant Total - All Special Revenue Funds $ 257,905 $ 249,605 $ (8,300) 68 Informational Summary CHANGES IN DEBT Debt service for the Academy’s capital infrastructure is included in the Town of Westlake’s municipal budget. The amount of debt outstanding including interest is approximately $40,512,143; this debt will be retired in 2021. The average annual debt service for Academy facilities paid by the Town of Westlake is approximately $1,935,529. FACILITIES The Academy was designed and built to service approximately 675 students, with the addition of almost 50 students; the facilities at the Academy are projected to reach full capacity at the beginning of the FY 2013/14 school year. However, curriculum and course schedules play an equally important role in determining facility use; the IB curriculum places a unique demand on staff and resources. The recently completed Facility Master Plan has three new portable classroom buildings placed in service in the FY 2013/14 school year and three additional purpose built facilities scheduled to be placed in service in the FY 2014/15 school year. These buildings will house a new secondary school building, a multi-purpose hall, and field house. The additional facilities will allow space for additional student enrollment. PERSONNEL TRENDS The Academy has added personnel each year since its opening to support new grade levels and classes as well as curriculum expansion. In FY 2013/14 an additional 3.11 FTE positions for a total of 76.18 FTE employees. 69 Figure 14 - Westlake Academy FTE Staff Staff levels have increased steadily since the Academy opened in FY 03/04 as the program offerings and each grade level is fully filled. The Academy added 3.11 instructional FTE positions. SUDENT ENROLLMENT TRENDS Westlake Academy’s student enrollment is established by two sets of boundaries. The primary boundary encompasses the Town of Westlake and allows Westlake residents automatic entry into Westlake Academy. The secondary boundaries are comprised of 31 of the surrounding school districts. While any school-age child from these districts is allowed to attend the Academy, demand for entrance has exceeded the Academy’s capacity necessitating an annual lottery system that is carried out according to the standards and practices dictated by Federal law. Student enrollment has grown since the Academy’s opening in FY 03/04 with the addition of one new grade level each year. The Academy opened with Grades 1 through 6 and completed adding grade levels in FY 09-10. The Academy’s enrollment continued to expand in FY 10/11 with an increase in target class sizes of 20 pupils per class and the addition of a third section in the secondary programme. In FY 13/14 the campus facilities at the Academy are expected to reach full capacity. Due to growth in the primary boundary, the Academy will be placing three additional portable buildings in service in FY 2013/14 and three purpose built facilities in FY 2014/15. This additional facility space will allow the Academy to service approximately 850 students, as growth in the primary boundary necessitates new enrollment. As an open enrollment charter school, Westlake Academy has the ability to set and maintain enrollment numbers at levels determined by the Board of Trustees. The Academy currently has over 2,000 students on a waiting list spanning Kindergarten through grade eleven. The waiting list which is developed each 36.40 43.00 48.10 55.62 60.44 69.53 73.07 76.18 - 10 20 30 40 50 60 70 80 FY 06/07 Actual FY 07/08 Actual FY 08/09 Actual FY 09/10 Actual FY 10/11 Actual FY 11/12 Actual FY 12/13 Actual FY 13/14 Proposed Employee Growth (FTE) Primary Programme Secondary Programme Business Admin Special Education Instructional Administration Librarian / Aide Counseling Information Tech Nurse Facilities Instructional Aides Intern 70 year through a lottery process, allows the Academy to fill seats if student attrition occurs, maintaining a stable student population number and classroom size. Figure 15 - Westlake Academy Student Enrollment Total enrollment has increased steadily since FY 03/04 in harmony with the expansion of grade levels. The increase from 530 in FY 10/11 to 610 in FY 11/12 is due to the Board’s decision to expand class sizes in an effort to increase program offerings. Future enrollment increases or decreases are at the sole discretion of the Board. WORKING LEAN Given the new paradigm of decreasing State aid and increasing demand, Westlake Academy and the Town of Westlake is committed to providing for the long-term viability of its program by maintaining municipal financial support where needed if future budgets stop short, utilizing and bolstering donations made by the Blacksmith Campaign and the Westlake Academy Foundation, and continuing a focus on financial stewardship in the school’s operations and expenditures. These initiatives combined with a thoughtfully crafted financial forecast will help to foresee future negative indicators of decreased funding and ensure that a quality, IB curriculum will continue to be offered to the students of the Academy for years to come. Performance Results In FY 2012/13, Westlake Academy was recognized by the U.S. News and World Report, Newsweek and the Daily Beast, and the Washington Post as one of the best public high schools in the country. This is the third year in which the Academy has been recognized by these three organizations due to rigorous and extraordinary academic performance. The State of Texas is currently phasing out the use of the Texas Assessment of Knowledge and Skills (TAKS) test to assess students’ attainment of reading, writing, math, science, and social studies skills required under Texas education standards; Its replacement, the State of Texas Assessments of Academic 195 264 324 346 379 417 491 530 630 658 677 0 200 400 600 800 FY 03/04 FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 Proposed WA Student Enrollment 71 Readiness (STAAR) exam has increased rigor over the TAKS and complies with the requirements of the No Child Left Behind Act (NCLB). The charts below utilize TEA data to compare Westlake Academy’s performance historically, as well as against the state performance. Description FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 * FY 13/14 Reading/ELA 98% 98% 99% 98% 99% 100% 98% 99% 99% 99% Writing 97% 97% 99% 91% 93% 100% 96% 99% 95% - Social Studies N/A N/A 99% 95% 98% 100% 99% 99% 99% 99% Mathematics 97% 91% 95% 91% 93% 98% 94% 96% 91% 96% Science 93% 85% 78% 88% 96% 99% 99% 99% 99% 97% Texas Accountability Rating Exemplary Recognized Recognized Recognized Exemplary Exemplary Exemplary Exemplary Exemplary - * TAKS are only administered in Grade 10 & 11 % Commended 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Reading/ELA - 62% 57% 60% 61% 61% 51% 56% 56% 48% Writing - 60% 54% 58% 51% 34% 55% 43% 40% - Social Studies - - - 67% 44% 53% 58% 65% 44% 72% Mathematics - 48% 45% 48% 43% 44% 40% 46% 37% 47% Science - 32% 30% 34% 31% 45% 45% 43% 65% 40% The table above shows the Academy’s performance on the state’s standardized test from inception. The TEA rolled out a new state assessment the STAAR (State of Texas Assessments of Academic Readiness). TAKS will be phased out over the next two years. Grade Level Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 2012 - Standard Phase-In 1 Final Phase-In 1 Final Phase-In 1 Final Phase-In 1 Final Phase-In 1 Final Phase-In 1 Final Reading 82% 44% 88% 69% 95% 76% 93% 73% 93% 73% 98% 85% Writing - - 95% 60% - - - - 93% 63% - - Mathematics 67% 22% 79% 21% 100% 71% 92% 63% 88% 50% - - Science - - - - 90% 45% - - - - 91% 67% Social Studies - - - - - - - - - - 84% 34% 2013 - Standard Phase-In 2 Final Phase-In 2 Final Phase-In 2 Final Phase-In 2 Final Phase-In 2 Final Phase-In 2 Final Reading 78% 59% 73% 54% 88% 72% 95% 85% 87% 68% 93% 83% Writing 75% 50% - - - - 75% 49% - - Mathematics 59% 50% 58% 23% 86% 74% 84% 73% 67% 54% - - Science - - - - 74% 43% - - - - 78% 51% Social Studies - - - - - - - - - - 60% 31% The table above provides the Academy’s performance data on the first two-years of the STAAR assessment. The State has increased the rigor of the state assessment and has developed a phased grading system. The minimum performance level will be increased each year, until FY 2013/14. The table shows the relative overall performance with the phased-in and final measures. 72 Westlake Academy has achieved a four-star rating from the Texas State Comptroller’s FAST School District Rating System for providing quality education at a reasonable cost per student. Future enrollment increases will further improve efficiencies and reduced the per student cost. Benchmarking against the surrounding local ISDs, Westlake Academy’s expenditures are near the median when comparing expenditures per student excluding debt service and capital expenditures. PARENT SURVEY RESULTS Westlake Academy is focused on delivering high quality educational services and depends upon the constant input from stakeholders. Each year Westlake Academy conducts an Annual Parent Survey to help identify any future needs and to prioritize resource allocation. The FY 2012/13 Westlake Academy Parent Survey was conducted in June 2013 and saw a slight decrease in satisfaction (3%). Primary concerns were with the Middle Years Programme Curriculum and Faculty. The results will be utilized to help craft improvement plans for the upcoming two-years. Westlake anticipates completing a parent satisfaction survey every other year to continue to track overall performance and satisfaction. 81% of the parent’s surveyed were very satisfied or satisfied with the overall quality of education Westlake Academy delivers to its students. Very Satisfied or Satisfied 81% Dissatisfied 3% Neutral 16% Overall Satisfaction with Quality of Education 73 AWARDS The Association of School Business Officials International (ASBO) presented a Meritorious Budget Award to Westlake Academy for its Annual Operating Budget for the fiscal year beginning September 1, 2010. This is the third year the Academy has been honored with this award. Additionally, the Academy received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA); representing the fifth year the Academy has received this award. These awards represent a significant achievement that reflect the dedication and commitment the Board of Trustees and staff have given to meeting the highest principles of governmental accounting. These awards are valid for one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to ASBO and GFOA to determine its eligibility. SUMMARY Westlake Academy has faced a number of hurdles over the last several years, decreased state funding, increased rigor in state assessments, recruitment and retention of legacy teachers, facility issues, and unprecedented growth, but through all of this, the students, staff, and faculty have shown an enormous amount of determination to continually hold to our vision and rise to any challenge. It is with this in mind that we present the FY 2013/14 budget theme, “Growing Together; One School, One Community.” Over the last year, many hours have been spent to further develop our vision of the future; determining the best opportunities that lay before us to help us accomplish our mission and truly become a “shining school on the hill.” While we have many successes to celebrate, we are constantly striving to improve the Academy through multiple avenues, including: getting the right people on the bus, making sure that we are consistently taking measure of our course, and making adjustments as we move towards our goal; it is through our talented faculty, staff, students, and their supportive families, that we are able to unfailingly rise to the challenges, and hold to our vision. On behalf of our entire learning community, I would like to thank the Board for their leadership, dedication to excellence, and their support in making Westlake Academy and the Town of Westlake, truly a shining example of what can be accomplished when people come together with a common purpose: great things can happen! As with all good teams, it becomes necessary to draw attention to performers who go above and beyond to make sure we accomplish our goals. I would like to recognize the hard work of the Westlake Academy and Municipal Leadership Team, and specifically Debbie Piper and Ben Nibarger for their efforts in completing this award winning document. I know with the team we have in place, we will continue “Growing Together; One School, One Community.” Thomas E. Brymer Town Manager/Superintendent Westlake Academy 74 Capital Projects Fund 9/5/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings 12,545 11,000 7,400 7,400 0%- Misc Income 8,004 - - - 0%- Total Revenues 20,549 11,000 7,400 7,400 0%- Transfers In - - - - 0%- Contributions 400,000 816,500 231,645 256,500 11%24,855 Bond Proceeds - 8,500,000 - - 100%- Total Other Sources 400,000 9,316,500 231,645 256,500 11%24,855 TOTAL REVENUES & OTHER SOURCES 420,549 9,327,500 239,045 263,900 10%24,855 EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services 400,000 - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures 400,000 - - - 0%- Capital Outlay - - - - 0%- Capital Projects 1,074,077 4,467,249 1,714,109 1,838,484 7%124,375 Total Capital 1,074,077 4,467,249 1,714,109 1,838,484 7%124,375 Transfer Out - - - - 0%- Total Other Uses - - - - 0%- TOTAL EXPENDITURES & OTHER USES 1,474,077 4,467,249 1,714,109 1,838,484 7%124,375 EXCESS REVENUES OVER(UNDER) EXPENDITURES (1,053,529) 4,860,251 (1,475,064) (1,574,584) 7%(99,520) FUND BALANCE, BEGINNING 4,634,332 3,580,803 3,580,803 2,105,739 -41%(1,475,064) FUND BALANCE, ENDING 3,580,803 8,441,054 2,105,739 531,155 -75%(1,574,584) Restricted/Assigned/Committed Funds 3,580,803 8,441,054 2,105,739 531,155 -75%(1,574,584) UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds C Cash/CD's 410 10110 00 000 3,580,803 8,441,054 2,105,739 531,155 -75%(1,574,584) 0%- 0%- 0%- 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS 3,580,803 8,441,054 2,105,739 531,155 -75%(1,574,584) vs 75 FFUUNNDD OOVVEERRVVIIEEWW CCAAPPIITTAALL PPRROOJJEECCTTSS FFUUNNDD This fund tracks the infrastructure and building projects funded with general fund operating transfers, intergovernmental revenue, bond funds and other special fund sources. Capital projects are those projects over $25,000 that may extend over one fiscal year to complete and reflect multiple expense categories such as engineering, design and construction. All capital projects illustrate not only the expenditure and revenue sources, but ongoing operational impact. Completion of CIP projects may have a fiscal impact to the Town’s operating funds as routine maintenance and operational expenditures are necessary to utilize the completed project. When an operating impact has been identified, it is included on the project description sheet, and costs are projected for the next three years. Upon approval of the project for an annual expenditure, the fiscal impact is integrated into the operating budget. Revenues • FY13/14 proposed revenues are $263,900. • This represents an increase of $24,855 from the FY 12/13 estimated budget of $239,045. o Contributions relating to the Hwy377 Westport Parkway Signal project were originally budgeted to be received in FY12/13 but have been moved forward to FY13/14. Expenditures • FY 13/14 proposed expenditures are $1,838,484 Project# Project Description Amount CP20 FM1938 Town Improvements 1,133,544 CP30 SH114/Hwy170 Enhancements 390,940 CP42 Trail Connection at 114/Solana 15,000 CP54 WA West Parking Improvements 200,000 CP55 Outdoor Warning System 99,000 Total Project Expense $ 1,838,484 Fund Balance • FY 13/14 ending fund balance is projected to be $531,155 76 9/6/2013 Actuals Estimated Proposed 5 YEAR Proj No.Description 2003 - 2012 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 TOTALS TOTALS CP42 Trail Connection at Hwy 114/Solana - - 15,000 10,000 15,450 - - 25,450 40,450 CP50 Glenwyck Farms Park Improvements - - - 250,000 - - - 250,000 250,000 CP51 Trail - Fidelity to Westlake Pkwy - - - 270,600 - - - 270,600 270,600 CP52 Trail - Westlake Academy to Cemetery - - - - - - 276,100 276,100 276,100 CP53 Trail - Dove/Pearson/Aspen - - - - - 273,600 - 273,600 273,600 CP46 WA North Driveway Lighting - 40,000 - - - - - - 40,000 Sub-Total - Park/Trails/Cemetery -$ 40,000$ 15,000$ 530,600$ 15,450$ 273,600$ 276,100$ 1,095,750$ 1,150,750$ CP54 WA - West parking Improvements - - 200,000 - - - - - 200,000 CP55 Outdoor Warning System - - 99,000 - - - - - 99,000 CP29 WA Dining Hall Improvements 78,085 - - - - - - - 78,085 Sub-Total - Facilities Improvements 78,085$ -$ 299,000$ -$ -$ -$ -$ -$ 377,085$ CP20 FM 1938 Streetscape/Wayfinding 938,076 183,335 1,133,544 739,100 253,100 - - 992,200 3,247,155 CP26 Mahotea Boone Reconst/Drainage 88,191 - - - - - - - 88,191 CP28 Streets Survey 49,235 - - - - - - - 49,235 CP30 SH 114/Hwy 170 Enhancements (bonds)7,500 345,460 301,570 336,000 - - - 336,000 990,530 CP30 SH 114/Hwy 170 Enhancements (cash)89,370 - 89,370 CP31 Stagecoach Hills Street Reconstruction & Drainage 413,926 84,974 - - - - - - 498,900 CP32 N. Roanoke Road Reconstruction & Drainage 160,732 1,248 - - - - - - 161,980 CP33 Aspen Lane Recon/Drainage 214,022 - - - - - - - 214,022 CP34 S. Roanoke Road Reconstruction & Drainage 2,900 - - 453,000 - - - 453,000 455,900 CP40 Sam School Road Reconstruction & Drainage - - - 216,000 - - - 216,000 216,000 CP41 E. Dove Road Reconstruction & Drainage (Vaq - TB)- - - 509,945 - - - 509,945 509,945 CP47 Hwy 377 Westport Parkway Signal 50,000 28,650 - - - - - - 78,650 cp56 HWY 377 Landscape Improvements - - - - - - 700,000 700,000 700,000 CP57 Ottinger Road Bridge Creek Crossing - - - - - 330,000 - 330,000 330,000 CP58 Ottinger Road Recon/Drainage - - - - - - 572,710 572,710 572,710 CP59 Wyck Hill Resurface - - - - - 54,450 - 54,450 54,450 CP60 Pearson Lane Recon/Drainage - - - - - 381,250 - 381,250 381,250 CP45 Hillwood Projects (bonds)99,648 168,859 - - - - - - 268,507 CP45 Hillwood Projects (cash)- 861,583 - - - - - - 861,583 Total Transportation Projects 2,024,231$ 1,674,109$ 1,524,484$ 2,254,045$ 253,100$ 765,700$ 1,272,710$ 4,545,555$ 9,768,379$ TOTAL CAPITAL PROJECTS 2,102,316$ 1,714,109$ 1,838,484$ 2,784,645$ 268,550$ 1,039,300$ 1,548,810$ 5,641,305$ 11,296,214$ Previously Adopted Projects Cash 4,238,108 FY 10/11 - $2.095M Bonds previously issued Bonds 2,095,000 FY 14/15 - New Projects Bonds 2,035,545 FY 16/17 - New Projects Bonds 2,588,110 New Projects Cash 339,450 TOTAL 11,296,214$ Projection 5 Year Projection Capital Projects Fund 77 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 10,000 - - - - 10,000 Construction - 15,000 - 15,450 - - - 30,450 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - 15,000 10,000 15,450 - - - 40,450 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - - - - - - - Contributions/Grants - - - - - - - - Bonds 2011 CO $2.095M - 15,000 - - - - - 15,000 Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - 15,000 - - - - 15,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - - - - - - - Debt Service - - - - - - - OPERATING IMPACT - - - - - - - FUNDED CAPITAL IMPROVEMENT Trail Connection at 114/Solana This project will be a cooperative effort between Westlake, Trophy Club, and Southlake consisting of the design and engineering of an intra-city trail system. The engineering/design costs will be shared with all cities. Construction and landscaping are estimated costs until engineering and design are completed. The Town continues to work with Cassidy Turley to construct the trail between Sam School Road and Hwy 114. 5 Year Projection 5 Year Projection PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET PROJECT EXPENSE 78 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - 30,000 - - - - 30,000 Construction - - 170,000 - - - - 170,000 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL - - 200,000 - - - - 200,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 200,000 - - - - 200,000 Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - 200,000 - - - - 200,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - 250 258 265 273 280 1,325 Insurance - - - - - - - - Repair & Maintenance - - 750 773 795 818 840 3,975 Rent & Utilities - - 1,000 1,030 1,060 1,090 1,120 5,300 Debt Service - - - - - - - - OPERATING IMPACT - - 2,000 2,060 2,120 2,180 2,240 10,600 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Westlake Academy - West Parking Improvements The west parking area was constructed in the summer of 2006 as a temporary asphalt parking lot for pick-up and drop-off of students. Improvements include curbs, landscape islands, sidewalks and lighting. The parking lot does not meet the required Town development standards for new construction. The projected expense below includes the following: curb only, lighting, landscaping, additional two inches of asphalt, striping and marking. PROJECT EXPENSE 5 Year Projection 79 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering - - - - - - - - Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other (Equipment) - - 99,000 - - - - 99,000 EXPENDITURES TOTAL - - 99,000 - - - - 99,000 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 99,000 - - - - 99,000 Contributions/Grants - - - - - - - - Bond Issuance - - - - - - - - Unfunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL - - 99,000 - - - - 99,000 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - 1,000 1,000 1,000 1,000 4,000 Rent & Utilities - - 300 600 900 900 900 3,600 Debt Service - - - - - - - - OPERATING IMPACT - - 300 1,600 1,900 1,900 1,900 7,600 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET 5 Year Projection FUNDED CAPITAL IMPROVEMENT Outdoor Warning System Promote Community Health, Safety, and Welfare is a focus point in the Strategic Plan. Within that focus point is the Strategic Issue "Public Safety and Emergency Preparedness" The strategy is to provide a safe community for our residents and business partners. Building an effective Emergency Warning Notification System will enhance the Town's ability to ensure the safety of the community. An Outdoor Warning System will provide notification of approaching severe storms to the active outdoor population such as school children, joggers, golfers, workers, citizens engaged in outdoor activities around their homes, etc. PROJECT EXPENSE 5 Year Projection 80 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 97,980 30,000 29,001 - - - - 156,981 Construction 840,096 103,335 1,154,543 739,100 253,100 - - 3,090,175 Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 938,076 133,335 1,183,544 739,100 253,100 - - 3,247,155 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers 938,076 133,335 - 567,100 253,100 - - 1,891,612 Contributions (Fidelity) - - 1,183,544 172,000 - - - 1,355,544 Bond Issuance - - - - - - - - UnFunded - - - - - - - - Other - - - - - - - - FUNDING TOTAL 938,076 133,335 1,183,544 739,100 253,100 - 3,247,155 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - - - - - - - Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities (water only) - - 5,000 5,150 5,300 5,450 5,600 26,500 Debt Service - - - - - - - OPERATING IMPACT - - 5,000 5,150 5,300 5,450 5,600 26,500 FUNDED CAPITAL IMPROVEMENT FM 1938 Streetscape/Wayfinding 5 Year Projection 5 Year Projection Project consist of the design and construction of landscape and hardscape improvements to the FM 1938 corridor from SH 114 south to Randol Mill Road, including sidewalks, trailheads, signage, rest areas, plantings, entry monuments. Per developer's agreements: Fidelity is to provide funding for landscape enhancements to the median and ROW (est. $322K). The Town is required to install sidewalk on the west side of FM 1938 from Dove to SH 114 per the Fidelity developer's agreement at our cost. Utility relocations will be necessary to accomodate construction, including adjusting manholes, fire hydrants, valves and meters as necessary. Utility cost is for irrigation only. A reduction to the total project cost of $670,000 is due to a direct payment to the contractor from TxDot in the form of a grant. 5 Year Projection PROJECT FUNDING PROJECT EXPENSE IMPACT ON OPERATING BUDGET 81 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 7,500 345,460 390,940 336,000 - - - 1,079,900 Construction - - - - - - - - Design - - - - - - - - Contingency - - - - - - - - Other - - - - - - - - EXPENDITURES TOTAL 7,500 345,460 390,940 336,000 - - - 1,079,900 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers - - 89,370 - - - - 89,370 Contributions/Grants - - - - - - - - Bonds 2011 CO $2.095M 7,500 345,460 301,570 - - - - 654,530 Bonds 2014/15 CO $2.1M - - - 336,000 - - - 336,000 Other - - - - - - - - FUNDING TOTAL 7,500 345,460 390,940 336,000 - - 1,079,900 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - - - - - - - Services - - 50,000 51,500 53,000 54,500 56,000 265,000 Insurance - - - - - - - - Repair & Maintenance - - - - - - - - Rent & Utilities - - 50,000 51,500 53,000 54,500 56,000 265,000 Debt Service - - - - - - - OPERATING IMPACT - - 100,000 103,000 106,000 109,000 112,000 530,000 FUNDED CAPITAL IMPROVEMENT SH 170 & Hwy 114 Streetscape 5 Year Projection 5 Year Projection PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET This project would be a cooperative effort between Westlake, Trophy Club, and Roanoke consisting of the design and construction of landscape and hardscape improvements to the SH 170 & Hwy 114 interchange to include plantings, painting, and entry monuments. Maintenance is for irrigation only. Project costs are estimated to be $3,000,000 for construction and $200,000 for engineering design. Funding participation is anticipated to be 1/3 from each party. PROJECT EXPENSE 82 Westlake Academy Expansion Fund 9/6/2013 Program Summary Fiscal Year 2013/2014 Adopted Estimated Proposed Proposed FY 13/14 Actual Budget Budget Budget FY 11/12 FY 12/13 FY 12/13 FY 13/14 Estimated FY 12/13 REVENUES & OTHER SOURCES General Sales Tax - - - - 0%- Property Tax - - - - 0%- Hotel Tax - - - - 0%- Charges for Services - - - - 0%- Beverage Tax - - - - 0%- Franchise Fees - - - - 0%- Permits & Fees - - - - 0%- Fines & Forfeitures - - - - 0%- Investment Earnings - - 5,000 5,000 0%- Misc Income - - - - 0%- Total Revenues - - 5,000 5,000 0%- Transfers In 36,398 - - 500,000 100%500,000 Contributions - - 1,225,000 - -100%(1,225,000) Other Sources - - 8,867,809 - 100%(8,867,809) Total Other Sources 36,398 - 10,092,809 500,000 -95%(9,592,809) TOTAL REVENUES & OTHER SOURCES 36,398 - 10,097,809 505,000 -95%(9,592,809) EXPENDITURES & OTHER USES Payroll Salaries - - - - 0%- Payroll Insurance - - - - 0%- Payroll Taxes - - - - 0%- Payroll Retirement - - - - 0%- Payroll Transfers - - - - 0%- Total Payroll and Related - - - - 0%- Supplies - - - - 0%- Services - - - - 0%- Insurance - - - - 0%- Repair & Maintenance - - - - 0%- Rent & Utilities - - - - 0%- Interfund Advances - - - - 0%- Debt - - - - 0%- Total Expenditures - - - - 0%- Capital Outlay - - - - 0%- Capital Projects 36,398 - 1,625,666 7,795,950 380%6,170,284 Total Capital 36,398 - 1,625,666 7,795,950 380%6,170,284 Transfer Out - - 36,398 - -100%(36,398) Total Other Uses - - 36,398 - -100%(36,398) TOTAL EXPENDITURES & OTHER USES 36,398 - 1,662,064 7,795,950 369%6,133,886 EXCESS REVENUES OVER(UNDER) EXPENDITURES - - 8,435,745 (7,290,950) -186%(15,726,695) FUND BALANCE, BEGINNING - - - 8,435,745 100%8,435,745 FUND BALANCE, ENDING - - 8,435,745 1,144,795 -86%(7,290,950) Restricted/Assigned/Committed Funds - - 8,435,745 1,144,795 -86%(7,290,950) UNASSIGNED FUND BALANCE, ENDING - - - - 0%- Restricted/Assigned/Committed Funds C Cash/CD's 410 10110 00 000 - - 8,435,745 1,144,795 -86%(7,290,950) 0%- 0%- 0%- 0%- TOTAL RESTRICTED/ASSIGNED/COMMITTED FUNDS - - 8,435,745 1,144,795 -86%(7,290,950) vs 83 FFUUNNDD OOVVEERRVVIIEEWW WWEESSTTLLAAKKEE AACCAADDEEMMYY EEXXPPAANNSSIIOONN FFUUNNDD Bond Proceeds of $8.5M were received in FY12/13. These proceeds will be used to fund construction of three new buildings at Westlake Academy; • Cafetorium – includes stage, dressing area, storage and catering kitchen for dining and general purposes; approximately 9,600 sf. • Three story Secondary School - includes 15 classrooms, flex and office space; will be designed to allow for future addition if needed; approximately18,900 sf. • Field-house - will be used to house locker rooms that are used for both athletics and PE; a visiting team locker room; storage for equipment; offices and space to be used for the PE program; approximately 9,600 sf. Revenues and Transfers In • FY13/14 proposed revenues are $505,000 o investment earnings $5,000 o transfers in from General Fund $500,000 Expenditures • FY 13/14 proposed expenditures are $7,795,950 Fund Balance • FY 13/14 ending fund balance is projected to be $1,144,795 84 9/5/2013 Actuals Estimated Proposed 5 YEAR Description 2003 - 2012 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 TOTALS TOTALS Revenues and Other Sources Contributions - 1,225,000 - - - - - - 1,225,000 Interest Earned - 5,000 5,000 - - - - - 10,000 Transfer in from GF 36,398 - 500,000 - - - - - 536,398 Other Sources - Note Payable - 366,774 - - - - - - 366,774 Other Sources - Bond Proceeds - 8,501,035 - - - - - - 8,501,035 Total Revenues and Other Sources 36,398$ 10,097,809$ 505,000$ -$ -$ -$ -$ -$ 10,639,207$ Capital Project Detail Engineering 4,940 50,000 45,060 - - - - - 100,000 Design Fees 31,458 200,000 198,600 19,942 - - - 19,942 450,000 Misc. Legal - 1,600 - - - - - - 1,600 Contingency - - 115,200 - - - - - 115,200 Utility Relocations (W/S/E)- 47,205 - - - - - - 47,205 Advertising - 525 - - - - - - 525 Audio Visual - 3,750 - - - - - - 3,750 Courier Service - 425 - - - - - - 425 Misc. Expense - 3,450 - - - - - - 3,450 Construction Expense - 937,300 6,962,881 1,050,000 - - - 1,050,000 8,950,181 Furniture & Fixtures - 6,270 474,209 - - - - - 480,479 Transfer Out to GF - 36,398 - - - - - - 36,398 Portable Buildings - 375,141 - - - - - - 375,141 Total Capital Projects 36,398$ 1,662,064$ 7,795,950$ 1,069,942$ -$ -$ -$ 1,069,942$ 10,564,355$ NET -$ 8,435,745$ (7,290,950)$ (1,069,942)$ -$ -$ -$ (1,069,942)$ 74,852$ 5 Year Projection Projection Westlake Academy Expansion Fund 85 Project Description: Totals Thru Estimated Project EXPENDITURE TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Engineering 43215 4,940 50,000 45,060 - - - - 100,000 Construction 46195 - 900,902 6,962,881 1,050,000 - - - 8,913,783 FF&E 47415 - 99,623 474,209 - - - - 573,832 Design 43248 31,458 200,000 198,600 19,942 - - - 450,000 Contingency 43520 - - 115,200 - - - - 115,200 Portables 73000 - 375,141 - - - - - 375,141 Transfers Out - 36,398 - - - - - 36,398 EXPENDITURES TOTAL 36,398 1,662,064 7,795,950 1,069,942 - - - 10,564,355 Totals Thru Estimated Project FUNDING TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Cash/Transfers 36,398 - 500,000 - - - - 536,398 Contributions/Grants - 1,000,000 - - - - - 1,000,000 BB&P Master Plan Correction 225,000 - - - - - 225,000 BB&P Note Payable 366,774 - - - - - 366,774 Bond Proceeds $8.5M - 8,501,035 - - - - - 8,501,035 Interest Earned - 5,000 5,000 - - - - 10,000 FUNDING TOTAL 36,398 10,097,809 505,000 - - - - 10,639,207 Totals Thru Estimated Project IMPACT TYPE FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Supplies - - 10,000 10,600 11,236 11,910 12,625 56,371 Services - - 5,000 5,300 5,618 5,955 6,312 28,185 Insurance - - - 1,000 1,060 1,124 1,191 4,375 Repair & Maintenance - - 8,000 8,480 8,989 9,528 10,100 45,097 Rent & Utilities - - - 20,000 20,600 21,200 22,472 84,272 Misc - - 10,000 10,600 11,236 11,910 12,625 56,371 OPERATING IMPACT - - 33,000 55,980 58,739 61,627 65,325 274,671 PROJECT FUNDING 5 Year Projection IMPACT ON OPERATING BUDGET (ACADEMY) 5 Year Projection FUNDED CAPITAL IMPROVEMENT Westlake Academy - Phase I Expansion This project consists of the construction of three buildings: 1) Multi-purpose hall, portable stage, storage and catering kitchen for dining and general purposes at approx. 8,600 sf. 2) Three story Secondary School at apprx. 19,400 sf. Includes 12 classrooms, flex and office space. Designed to allow for future addition if needed. 3) Fieldhouse at approx. 8,600 sf. which will house locker rooms to be used for both athletics and PE, storage for equipment, offices, classrooms and space to be used for the PE program. PROJECT EXPENSE 5 Year Projection 86 FIVE YEAR FORECAST NARRATIVE The Long-Range Financial Forecast takes a forward look at the Town’s General Government (General, Debt Service and Capital / Street Maintenance funds) revenues and expenditures. Its purpose is to identify financial trends, shortfalls, and issues so the Town can proactively address them. It does so by projecting out into the future the fiscal results of continuing the Town’s current service levels and policies, providing a snapshot of what the future will look like as a result of the decisions made in the recent past. The Long-Range Financial Forecast is not intended as a budget, or as a proposed plan. Instead, it sets the stage for the budget process, facilitating both Council and staff in establishing priorities and allocating resources appropriately. GOALS OF LONG-RANGE PLANNING To maximize the benefit of long-range planning, Council established the following goals: • Sustain existing programs at high service levels. • Maintain a healthy General Fund balance of at least 90 operating days annually. • Maintain competitive employee compensation within 3% of the median for the market. • Provide adequate and stable funding for street and facility maintenance projects. The Long-Range Financial Forecast is based on assumptions regarding what will happen in the regional and state economy over the next five years, and on near-term and long-term revenue and expenditure drivers. It is important to keep in mind the purpose of a forecast is to get a general picture of what the organization’s financial condition over time could be, based upon conservative assumptions. The term “conservative” used in the context of financial forecasting means revenues are forecast at low growth levels or even at a decline (depending on the revenue source). Expenditures, while not necessarily being forecast as declining, are generally forecast with a 2- 3% escalation rate, depending on inflation. Forecasts generally have at least one scenario where all that is assumed on expenditures is the current level of service and perhaps some growth in salary/wage expenses. The Council can, if they wish, ask that certain service level adjustments, whether it is service expansion or reduction, be included as alternate scenarios, particularly if it appears that revenues will not cover expenditures in the out years of the forecast. It is also important to remember, since the purpose of the forecast is to get an idea, based on conservative assumptions, as to the Town’s financial condition during the five (5) year planning period, that the forecast is showing that the Town will have available funds for additional debt service as well as building a fund balance for future capital and major maintenance and replacement. This is the reason forecasting is a good tool, as it gives the Council time to strategize as to course we may want to make financially, both in the short and long term. Finally, it is important to remember the criticality that economic conditions play in forecasting, particularly as it relates to sales tax, which can be a volatile revenue source. If economic conditions improve, sales tax receipts are affected (usually positively) as well as building permit revenue. Key Revenue Drivers Key Expenditure Drivers Tax Rate Overtime Costs Net Taxable Value Operating Supplies Sales Tax Apparatus & Tools Mixed Beverage Tax Motor Vehicle Fuel Franchise Fees Maintenance Licenses & Permits Travel, Training & Dues Charges for Services Utility Costs Intergovernmental Revenues Professional Services Fines & Forfeitures Insurance Costs Interest Income Fleet/Capital Equipment Replacements 87 FIVE YEAR FORECAST NARRATIVE FORECAST ASSUMPTIONS - FY 2013-2014 PROPOSED BUDGET The five year financial forecast is based upon the following assumptions: REVENUES AND OTHER FINANCING SOURCES: • General Fund o Sales tax revenue is budgeted at a 9% increase  The Town’s economic development funds appear to be stabilizing at approximately $35,000/monthly of which 50% must be returned.  One-time revenues and audit receipts have been conservatively estimated at $100,000 each. In prior years these two numbers have been anywhere from $100,000 to $1,000,000 combined; therefore, because of the uncertainly of the funds, we are conservative with these estimates.  On-going sales tax receipts are forecasted to increase by approximately 14% from FY 2012-2013 based on the prior years’ trending.  Includes the Property Tax Reduction portion of the Sales tax receipts o Property tax revenue is estimated at $1,189,825 based on Certified Tax Roll and M&O proposed tax rate of $.13888 per $100 of valuation. o No new gas well revenue is projected o No additional one-time revenues related to economic development agreements are anticipated to be received o Building permits/inspection/plan review fees are increased by 11% due primarily to the Entrada and Granada developments o Based on current year receipts, franchise fees are only budgeted at a 1% increase EXPENDITURES AND OTHER FINANCING USES: • General Fund o Payroll and Related expenditures increased approximately 15%:  This increase includes $115,000 market pay increase (inclusive of taxes and insurance) for work force attraction and retention and is the second year of a 2 year program.  This increase also includes $202K in personnel changes; addition of one full time Lieutenant; addition of one full time HR Generalist; change part time utility billing clerk to a full time position; elimination of part-time HR clerk position. o Operating Expenditures increased approximately 24%:  Keller Police Contract $40,541  Building Inspections $55,550  Comprehensive Plan update $338,950 o Transfer out increased by $566K  Transfer supplemental funds ($566K) to Debt Service Fund for debt payments in excess of Sales taxes received in 4B Economic Development Fund  Town continues to transfer $550K to the General Maintenance and Replacement Fund • Visitors Association Fund – Total expenditures and other uses increased by .09% • Utility Fund - Total expenses and other uses increased 54% and is composed primarily of $1.346M relating to the construction of a ground storage tank. • CIP – Based on adopted CIP • All Funds - Includes all adopted maintenance projects and equipment replacement to maintain current level of service 88 FIVE YEAR FORECAST NARRATIVE FORECAST ASSUMPTIONS - FY 2014-2015 AND BEYOND PROJECTION REVENUES AND OTHER FINANCING SOURCES: • Sales tax revenue - increase 3% annually • Property tax revenue – currently increased only 2% for current evaluation o Estimate 4-5 homes in Granada for FY 2014-15 and 15-20 in subsequent years (average home value of $1.2M) o Approximately $10M in expected appraised value in FY 2014-15 for Entrada and increasing to $50M in subsequent years through FY 2022-23. • Other revenue - increase 2% annually • Building permits/inspection/plan review fees are currently only increased by 2%. Even with the additional housing starts related to Granada and Entrada these fees will not increase substantially due to the size of the homes (projected to be approximated $1.2M vs larger homes in the past) EXPENDITURES AND OTHER FINANCING USES: • Includes all adopted maintenance projects and equipment replacement to maintain current level of service • Salary and wages increase by 2% after second phase of market adjustment in FY 2013-14 • Includes 5-year personnel forecast • Includes capital projects impact to operating budget • Includes anticipated debt payments based on adopted CIP • Includes 5-year technology plan • Other expenditures increase by 3% (excluding any one-time expenditures) • Annual debt payments are transferred from Utility Fund to Debt Service Fund for the repayment of the $1M bond issuance in FY 2012-13 • CIP based on adopted CIP 89 TOWN OF WESTLAKE 9/9/2013 FIVE YEAR FORECAST All Municipal Funds REV 05 AUDITED ESTIMATED PROPOSED 1 2 3 4 5 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 GENERAL FUND 100 Sales Tax (ongoing 100% minus one time)3.0%3,223,648 3,725,000 4,200,000 4,326,000 4,455,780 4,589,453 4,727,137 4,868,951 Sales Tax (audit/one-time)0.0%433,626 400,000 200,000 200,000 200,000 200,000 200,000 200,000 Sales Tax Allocation to 4B linked (914,319) (1,031,250) (1,100,000) (1,131,500) (1,163,945) (1,197,363) (1,231,784) (1,267,238) Sales Tax Allocation to ED 3.0%(208,181) (210,000) (150,000) (154,500) (159,135) (163,909) (168,826) (173,891) Sales Tax Subtotal 2,534,774 2,883,750 3,150,000 3,240,000 3,332,700 3,428,181 3,526,526 3,627,822 Property Tax 2.0%1,271,975 1,225,000 1,189,825 1,213,621 1,237,894 1,262,651 1,287,905 1,313,663 Estimated Additional Property Tax - Entrada/Granada 7,000 50,000 150,000 260,000 360,000 Property Tax Subtotal 1,271,975 1,225,000 1,189,825 1,220,621 1,287,894 1,412,651 1,547,905 1,673,663 Beverage Tax 2.0%38,286 49,000 50,000 51,000 52,020 53,060 54,122 55,204 Franchise Fees 2.0%664,991 643,950 650,388 663,396 676,664 690,197 704,001 718,081 Permits and Fees 2.0%598,395 717,860 786,000 801,720 817,754 834,109 850,792 867,808 Fines & Forfeitures 2.0%622,337 560,000 570,000 581,400 593,028 604,888 616,986 629,326 Interest 2.0%11,595 8,670 8,670 8,843 9,020 9,201 9,385 9,572 Donations 2.0%520 - - - - - - - Misc Income 2.0%80,933 61,552 51,759 52,794 53,850 54,927 56,025 57,146 Contributions 0.0%325,000 11,094 - - - - - - Other Revenues 2,342,057 2,052,126 2,116,816 2,159,153 2,202,336 2,246,382 2,291,310 2,337,136 Transfer In - UF 500 Impact linked 45,507 37,500 37,500 38,250 39,015 39,795 40,591 41,403 Transfer In - UF (IF loan repymt of $500K plus interest )- - 256,245 256,245 - - - Transfer In - WAE 412 0.0%- 36,398 - - - - - - Transfer In - VA 220 Dept 22 3.0%8,350 9,019 13,020 13,411 13,813 14,227 14,654 15,094 Transfers In 53,857 82,917 50,520 307,906 309,073 54,023 55,245 56,497 Total Revenues & Transfers In 6,202,663 6,243,793 6,507,161 6,927,679 7,132,002 7,141,237 7,420,986 7,695,118 Payroll Salaries 2.0%(1,975,441) (2,047,481) (2,224,745) (2,386,540) (2,434,271) (2,482,956) (2,532,616) (2,583,268) Payroll Market Increases (inc. taxes, etc)2.0%- - (115,000) - - - - - Payroll Insurance (Health/Dental/Life)1.0%(265,344) (275,023) (325,884) (329,143) (332,435) (335,759) (339,117) (342,508) Payroll Taxes (SSM/WC/TWC)1.0%(166,802) (184,339) (209,783) (211,881) (213,999) (216,139) (218,301) (220,484) Payroll Retirement (TMRS/ICMA)1.0%(161,635) (166,101) (193,291) (195,224) (197,176) (199,148) (201,140) (203,151) Payroll Transfers In 3.0%507,033 529,037 607,660 625,890 644,667 664,007 683,927 704,445 Personnel Forecast PR Xfr In - UF 500 - - - - - 31,880 32,836 33,821 Five-Year Personnel Forecast - - - (104,639) (196,892) (358,361) (369,112) (380,185) Total Payroll and Related (2,062,189) (2,143,907) (2,461,043) (2,601,537) (2,730,107) (2,896,477) (2,943,521) (2,991,329) 1 Supplies 3.0%(145,819) (158,745) (231,571) (238,517.83) (245,673) (253,044) (260,635) (268,454) 2 Service 3.0%(1,462,783) (1,590,242) (2,013,162) (1,669,806) (1,719,901) (1,771,498) (1,824,642) (1,879,382) 3 Insurance 3.0%(22,588) (28,530) (30,520) (31,435) (32,378) (33,350) (34,350) (35,381) 4 R&M 3.0%(100,677) (120,247) (123,262) (126,960) (130,769) (134,692) (138,732) (142,894) 5 Rent & Utilities 3.0%(279,804) (286,962) (299,812) (308,806) (318,071) (327,613) (337,441) (347,564) Total Operating Expenditures (2,011,672) (2,184,726) (2,698,326) (2,375,526) (2,446,791) (2,520,195) (2,595,801) (2,673,675) Capital Outlay 3.0%(188,786) (29,200) (31,700) (32,651) (33,631) (34,639) (35,679) (36,749) Funded/Proposed Capital Projects Impact to Operations - - - (128,533) (133,605) (174,020) (208,542) (212,713) IT Forecast - - - (47,500) (54,000) (56,500) (55,500) (60,000) Total Capital (188,786) (29,200) (31,700) (208,684) (221,236) (265,159) (299,721) (309,462) Transfer Out - ED 210 (35,758) (35,758) (35,758) (35,758) (35,758) - - - Transfer Out - GMR 600 fixed (530,000) (550,000) (550,000) (550,000) (550,000) (500,000) (500,000) (500,000) Transfer Out- WA (K-5 Westlake reserve slots)- - - (300,000) (300,000) (300,000) (300,000) (300,000) Transfer Out - DS (Debt for Academy Exp $8.5M) - - - (453,671) (450,182) (451,120) (447,541) (448,392) linked (278,330) (64,059) (630,773) (245,343) (238,786) (351,887) (325,841) (282,563) Transfer Out - $2.5 M (20 years)(183,000) (183,000) (183,000) (183,000) (183,000) Transfers Out - Operating (844,088) (649,817) (1,216,531) (1,767,772) (1,757,726) (1,786,007) (1,756,382) (1,713,955) Transfer Out - CP 410 linked (36,398) - - (131,135) (275,000) - - - Transfer Out - UF (interfund loan / grnd storage tank)- (500,000) - - - - - - Transfer Out - WAE 412 - - (500,000) - - - - - Transfers Out - Non Operating (36,398) (500,000) (500,000) (131,135) (275,000) - - - Total Expenditures & Transfers Out (5,143,134) (5,507,650) (6,907,600) (7,084,654) (7,430,859) (7,467,839) (7,595,425) (7,688,421) NET R&TI Over(Under) E&TO 1,059,529 736,143 (400,439) (156,974) (298,857) (326,601) (174,438) 6,697 Beginning Fund Balance 3,323,861 4,383,390 5,119,533 4,719,094 4,562,119 4,263,262 3,936,661 3,762,222 Ending Fund Balance 4,383,390 5,119,533 4,719,094 4,562,119 4,263,262 3,936,661 3,762,222 3,768,919 Restricted/Committed/Assigned 2.0%242,710 250,388 258,462 263,631 268,904 274,282 279,768 285,363 Unassigned Ending Balance 4,140,680 4,869,145 4,460,632 4,298,488 3,994,358 3,662,379 3,482,455 3,483,557 Operating Days 296 355 254 226 204 179 167 165 DESCRIPTION Transfer Out - DS 300 (Including 5-year CIP) 90 TOWN OF WESTLAKE 9/9/2013 FIVE YEAR FORECAST All Municipal Funds REV 05 AUDITED ESTIMATED PROPOSED 1 2 3 4 5 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 DESCRIPTION DEBT SERVICE FUND 300 Property Tax 170,094 130,792 153,868 154,704 154,503 154,475 154,625 154,575 Bond Proceeds Issue 2011 GORB 7,375,000 - - - - - - - Bond Premium Issue 2011 GORB 424,196 - - - - - - - Misc Revenue - 3,609 - - - - - - Transfer in - GF 100- including 5-year CIP 278,330 64,059 630,773 245,343 238,786 351,887 325,841 282,563 Transfer in - GF 100 - Phase I - - - 453,671 450,182 451,120 447,541 448,392 Transfer in - UF 500 (Storage Tank)linked - - 53,385 53,373 52,962 53,073 52,652 52,752 Transfer In - VA 220 linked to VA Fund linked 182,396 182,143 151,700 164,450 142,250 169,950 162,400 169,463 Transfer In - 4B 200 linked to 4B Fund linked 1,004,360 1,210,134 1,100,500 1,157,000 1,189,445 1,222,863 1,257,284 1,292,738 Total Revenues & Transfers In 9,434,376 1,590,736 2,090,226 2,228,541 2,228,127 2,403,369 2,400,344 2,400,482 0 Bank Service Charge (1,130) - - - - - - - 2 DS Principal - Issue 2002 CO Phase I (295,000) (315,000) (330,000) - - - - - 2 DS Interest - Issue 2002 CO (167,638) (41,925) (21,450) - - - - - Bank Charge - 2002 CO - (530) (530) - - - - - 3 DS Principal - Issue 2003 CO Phase II (165,000) (170,000) (175,000) (185,000) (190,000) - - - 3 DS Interest - Issue 2003 CO (185,019) (103,701) (97,411) (90,630) (83,230) (75,250) (75,250) (75,250) 7 DS Principal - Issue 2007 GORB Refunding (25,000) (25,000) (35,000) (35,000) (410,000) (425,000) (40,000) (40,000) 7 DS Interest - Issue 2007 GORB (296,545) (295,545) (294,608) (293,295) (291,983) (276,608) (259,608) (258,008) 7 Bank Charge - 2007 GORB - (300) - (309) (309) (309) (309) (309) 8 DS Principal - Issue 2008 GO A&S (95,000) - - - - - - - 8 DS Interest - Issue 2008 GO (87,396) (41,805) - - - - - - 11 DS Principal - Issue 2011 GORB Refunding - (100,000) (100,000) (440,000) (100,000) (275,000) (700,000) (715,000) 11 DS Interest - Issue 2011 GORB (147,658) (225,200) (223,200) (217,800) (212,400) (207,275) (192,650) (171,425) 11 Bond Issue Cost 2011 GORB (148,891) - - 11 Bond Issue Cost 2011 GORB (7,650,305) - - 11 Bank Charge - 2011 GORB - (300) (300) (309) (309) (309) (309) (309) 11 DS Principal - Issue 2011 CO Taxes (88,000) (90,000) (93,000) (97,000) (100,000) (75,000) (79,000) (83,000) 11 DS Interest - Issue 2011 CO (66,642) (63,749) (60,791) (57,704) (54,503) (79,475) (75,625) (71,575) 11 Bank Charge - 2011 CO - - (77) - - - - - 13 DS Principal - Issue 2013 GORB Ref 2008 (A&S)- (120,000) (105,000) (120,000) (100,000) (130,000) (125,000) (135,000) 13 DS Interest - Issue 2013 GORB - (20,339) (46,700) (44,450) (42,250) (39,950) (37,400) (34,463) 13 DS Principal - Issue 2013 CO -Academy Expansion $8.5M - - (89,474) (174,474) (174,474) (178,947) (178,947) (183,421) 13 DS Interest - Issue 2013 CO -Academy Expansion - - (364,300) (279,197) (275,708) (272,173) (268,594) (264,971) DS Principal - Issue 2013 CO Ground Storage Tank $1.0M - - (10,526) (20,526) (20,526) (21,053) (21,053) (21,579) DS Interest - Issue 2013 CO Ground Storage Tank - - (42,859) (32,847) (32,436) (32,020) (31,599) (31,173) 2014-15 CO - ($66K/$1M) $2.1M (5-year CIP)Trails/Roads - - - (140,000) (140,000) (140,000) (140,000) (140,000) 2016-17 CO $2.6M (5-year CIP)Trails/Roads - - - (175,000) (175,000) (175,000) Total Expenditures & Transfers Out (9,419,224) (1,613,393) (2,090,226) (2,228,541) (2,228,127) (2,403,369) (2,400,344) (2,400,482) NET R&TI Over(Under) E&TO 15,153 (22,657)0 0 0 0 0 0 Beginning Fund Balance 7,504 22,657 (0) (0) (0) (0) (0) (0) Ending Fund Balance 22,657 (0) (0) (0) (0) (0) (0) (0) Restricted/Committed/Assigned - - - - - - - - Unassigned Ending Balance 22,657 (0.00) (0) (0) (0) (0) (0) (0) ref 2011 CO 91 TOWN OF WESTLAKE 9/9/2013 FIVE YEAR FORECAST All Municipal Funds REV 05 AUDITED ESTIMATED PROPOSED 1 2 3 4 5 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 DESCRIPTION UTILITY FUND 500 Water/Sewer/Waste Revenues 2.0%2,859,659 2,646,850 2,646,850 2,699,787 2,753,783 2,808,858 2,865,036 2,922,336 Water/Sewer Tap Fees 2.0%27,415 23,250 23,250 23,715 24,189 24,673 25,167 25,670 Fort Worth Impact Fees 2.0%45,507 37,500 37,500 38,250 39,015 39,795 40,591 41,403 Misc Income 2.0%87,040 192,004 192,004 195,844 199,761 203,756 207,831 211,988 Interest 2.0%9,717 6,000 6,000 6,120 6,242 6,367 6,495 6,624 Contributions 0.0%24,423 - - - - - - - Bond Proceeds (Ground Storage Tank)2.0%- 1,000,000 - - - - - - Transfers In from GF (Ground Storage Tank)- 500,000 - - - - - - Total Revenues & Transfers In 3,053,761 4,405,604 2,905,604 2,963,716 3,022,990 3,083,450 3,145,119 3,208,022 Expenditures 3.0%(1,282,967) (822,618) (804,078) (828,200) (853,046) (878,638) (904,997) (932,147) Water Purchases 3.0%(980,212) (1,110,600) (1,110,600) (1,143,918) (1,178,236) (1,213,583) (1,249,990) (1,287,490) Debt Service (Hillwood)3.0%(88,125) (73,000) (73,000) (75,190) (77,446) (79,769) (82,162) (84,627) Debt Service (Keller OH Storage)ends fy2020 linked (34,956) (118,212) (118,212) (119,462) (118,949) (119,879) (120,538) (120,936) Payroll Transfers to GF new acct 3.0%(253,673) (273,812) (321,554) (331,200) (341,136) (351,370) (361,911) (372,769) Personnel Forecast PR Xfr Out - GF100 linked - - - - - (31,880) (32,836) (33,821) Funded/Proposed Capital Projects Impact to Operations - - (500) (530) (545) (560) Transfer Out - UMR 510 fixed (50,000) (50,000) (50,000) (200,000) (200,000) (200,000) (200,000) (200,000) Transfer Out - GF 100 Impact Fees linked (45,507) (37,500) (37,500) (38,250) (39,015) (39,795) (40,591) (41,403) Transfer Out to GF (Interfund loan)- (256,245) (256,245) - - - Water Meter Automation 0.0%59,462 - - - - - - - N1 Sewer Line Transfer 0.0%- - (82,967) - - - - - N1 Sewer Line Xfr I&I Rep 0.0%(135,654) (75,004) - - - - - - SC Hills Waterline Phase 1 0.0%245,324 - - - - - - - Ground Storage Tank 0.0%(3,088) (58,000) (1,438,913) SC Hills Waterline Phase 2 0.0%- (42,420) - Xfr Out to DS - Storage Tank $1M linked - - (53,385) (53,373) (52,962) (53,073) (52,652) (52,752) Total Expenditures & Transfers Out (2,569,395) (2,661,167) (4,090,209) (3,045,839) (3,117,535) (2,968,517) (3,046,223) (3,126,505) NET R&TI Over(Under) E&TO 484,366 1,744,438 (1,184,605) (82,122) (94,545) 114,934 98,897 81,517 Beginning Fund Balance 4,516,756 5,001,122 6,745,560 5,560,955 5,478,832 5,384,288 5,499,221 5,598,118 Ending Fund Balance 5,001,122 6,745,560 5,560,955 5,478,832 5,384,288 5,499,221 5,598,118 5,679,635 Restricted/Committed/Assigned 2.0%149,040 159,802 161,400 164,628 167,921 171,279 174,705 178,199 Unassigned Ending Balance 4,852,082 6,585,758 5,399,555 5,314,204 5,216,367 5,327,942 5,423,413 5,501,436 Total Operating Expenditures 2,639,932 2,398,242 2,427,444 2,497,971 2,568,813 2,675,118 2,752,434 2,831,790 Operating Days 671 1,002 812 777 741 727 719 709 UTILITY - MAINTENANCE & REPLACEMENT FUND 510 Revenues 1.0%190 125 125 126 128 129 130 131 Transfers In - UF 500 linked 50,000 50,000 50,000 200,000 200,000 200,000 200,000 200,000 Total Revenues & Transfers In 50,190 50,125 50,125 200,126 200,128 200,129 200,130 200,131 Expenditures - (81,680) (88,000) (185,000) (165,000) (175,000) - - Transfers Out - - - - - - - - Total Expenditures & Transfers Out - (81,680) (88,000) (185,000) (165,000) (175,000) - - NET R&TI Over(Under) E&TO 50,190 (31,555) (37,875) 15,126 35,128 25,129 200,130 200,131 Beginning Fund Balance 42,640 92,829 61,274 23,399 38,526 73,653 98,782 298,912 Ending Fund Balance 92,829 61,274 23,399 38,526 73,653 98,782 298,912 499,043 Restricted/Committed/Assigned 92,829 61,274 23,399 38,526 73,653 98,782 298,912 499,043 Assigned Ending Balance (projected)- - - - - - - - 92 TOWN OF WESTLAKE 9/9/2013 FIVE YEAR FORECAST All Municipal Funds REV 05 AUDITED ESTIMATED PROPOSED 1 2 3 4 5 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 DESCRIPTION CAPITAL PROJECT FUND 410 FM1938 Streetscape/Wayfinding - 82,020 240,000 172,000 - - - - Hwy 377 Westport Parkway Signal - - 16,500 - - - - - Contributions 114/170 Enhance - 149,625 - - - - - - Contributions - TSH Proceeds 400,000 - - - - - - - Interest Income 12,545 7,400 7,400 - - - - - Misc Revenue 8,004 - - - - - - - Transfer in from GF linked - - - 131,135 275,000 - - - Other Sources - Bond Proceeds - - - 2,100,000 - 2,600,000 - - Total Revenues & Transfers In 420,549 239,045 263,900 2,403,135 275,000 2,600,000 - - Westlake Portion of Hillwood Projects (94,908) (1,030,442) - - - - - - TSH Donation Expense to WA Foundation (400,000) - - - - - - - Streets Survey (19,880) - - - - - - - SH 114/Hwy 170 Enhancements - (345,460) (390,940) (336,000) - - - - Stagecoach Hills Street Reconstruction & Drainage (406,706) (84,974) - - - - - - N. Roanoke Road Reconstruction & Drainage (157,385) (1,248) - - - - - - S. Roanoke Road Reconstruction & Drainage - - - (453,000) - - - - Sam School Road Reconstruction & Drainage - - - (216,000) - - - - E. Dove Road Reconstruction & Drainage (Vaq - TB)- - - (509,945) - - - - FM 1938 Streetscape/Wayfinding (345,199) (183,335) (1,133,544) (739,100) (253,100) - - - Trail Connection at 114/Solana - - (15,000) (10,000) (15,450) - - - WA North Driveway Lighting - (40,000) - - - - - - Hwy 377 Westport Parkway Signal (50,000) (28,650) - - - - - - Glenwyck Farms Park Improvement - - - (250,000) - - - - Trail - Fidelity Campus/Wprkwy - - - (270,600) - - - - Trail - WA to Cemetery - - - - - - (276,100) - Trail - Dove/Pearson/Aspen - - - - - (273,600) - - WA West Parking Improvements - - (200,000) - - - - - Outdoor Warning System - - (99,000) - - - - - HWY 377 Landscape Improvements - - - - - - (700,000) - Ottinger Road - Creek Bridge - - - - - (330,000) - - Ottinger Road Recon/Drain - - - - - - (572,710) - Wyck Hill Resurface - - - - - (54,450) - - Pearson Lane Recon/Drain - - - - - (381,250) - - Total Expenditures & Transfers Out (1,474,077) (1,714,109) (1,838,484) (2,784,645) (268,550) (1,039,300) (1,548,810) - NET R&TI Over(Under) E&TO (1,053,529) (1,475,064) (1,574,584) (381,510) 6,450 1,560,700 (1,548,810) - Beginning Fund Balance 4,634,332 3,580,803 2,105,739 531,155 149,645 156,095 1,716,795 167,985 Ending Fund Balance 3,580,803 2,105,739 531,155 149,645 156,095 1,716,795 167,985 167,985 Restricted/Committed/Assigned 3,580,803 2,105,739 531,155 149,645 156,095 1,716,795 167,985 167,985 Unassigned Ending Balance - - - - - - - - WESTLAKE ACADEMY EXPANSION Revenues - 1,230,000 5,000 - - - - - Transfers In 36,398 - 500,000 - - - - - Other Sources (Note Payable)- 366,774 - - - - - - Bond Proceeds - 8,501,035 - - - - - - Total Revenues & Transfers In 36,398 10,097,809 505,000 - - - - - Expenditures (36,398) (1,250,525) (7,795,950) (1,069,942) - - - - Portable Building - (375,141) - - - - - - Transfers Out - (36,398) - - - - - - Total Expenditures & Transfers Out (36,398) (1,662,064) (7,795,950) (1,069,942) - - - - NET R&TI Over(Under) E&TO - 8,435,745 (7,290,950) (1,069,942) - - - - Beginning Fund Balance - - 8,435,745 1,144,795 74,853 74,853 74,853 74,853 Ending Fund Balance - 8,435,745 1,144,795 74,853 74,853 74,853 74,853 74,853 Restricted Funds - - - - - - - - Unassigned Ending Balance (projected)- 8,435,745 1,144,795 74,853 74,853 74,853 74,853 74,853 93 TOWN OF WESTLAKE 9/9/2013 FIVE YEAR FORECAST All Municipal Funds REV 05 AUDITED ESTIMATED PROPOSED 1 2 3 4 5 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 DESCRIPTION GENERAL- MAINTENANCE & REPLACEMENT FUND 600 Revenues 1.0%2,465 10,000 1,750 1,768 1,785 1,803 1,821 1,839 Transfers In - GF 100 linked 530,000 550,000 550,000 550,000 550,000 500,000 500,000 500,000 Total Revenues & Transfers In 532,465 560,000 551,750 551,768 551,785 501,803 501,821 501,839 Expenditures (343,585) (275,359) (519,726) (121,000) (143,500) (1,566,000) (198,500) (250,000) Transfers Out - - - - Total Expenditures & Transfers Out (343,585) (275,359) (519,726) (121,000) (143,500) (1,566,000) (198,500) (250,000) NET R&TI Over(Under) E&TO 188,880 284,641 32,024 430,768 408,285 (1,064,197) 303,321 251,839 Beginning Fund Balance 691,535 880,415 1,165,056 1,197,080 1,627,847 2,036,132 971,935 1,275,257 Ending Fund Balance 880,415 1,165,056 1,197,080 1,627,847 2,036,132 971,935 1,275,257 1,527,096 Restricted/Committed/Assigned 880,415 1,165,056 1,197,080 1,627,847 2,036,132 971,935 1,275,257 1,527,096 Unassigned Ending Balance - - - - - - - - VISITOR ASSOCIATION FUND 220 Hotel Tax 2.0%590,853 700,000 700,000 714,000 728,280 742,846 757,703 772,857 Other Revenues 2.0%16,878 21,550 21,550 21,981 22,421 22,869 23,326 23,793 Transfers In - GF for Debt Service - - - - - - - - Total Revenues & Transfers In 607,731 721,550 721,550 735,981 750,701 765,715 781,029 796,650 Expenditures 3.0%(220,380) (252,750) (248,945) (256,413) (264,106) (272,029) (280,190) (288,595) Payroll Transfers to GF 3.0%(255,339) (255,225) (286,107) (294,690) (303,531) (312,637) (322,016) (331,676) Transfer Out - GF 100 Dept 22 linked (8,350) (9,019) (13,020) (13,411) (13,813) (14,227) (14,654) (15,094) Transfer Out - DS 300 Schedule (182,396) (182,143) (151,700) (164,450) (142,250) (169,950) (162,400) (169,463) Total Expenditures & Transfers Out (666,465) (699,137) (699,772) (728,964) (723,699) (768,843) (779,260) (804,828) NET R&TI Over(Under) E&TO (58,734) 22,413 21,778 7,017 27,001 (3,128) 1,769 (8,178) Beginning Fund Balance 1,111,281 1,052,547 1,074,959 1,096,738 1,103,755 1,130,756 1,127,628 1,129,397 Ending Fund Balance 1,052,547 1,074,959 1,096,738 1,103,755 1,130,756 1,127,628 1,129,397 1,121,219 Restricted/Committed/Assigned 182,396 151,700 164,450 142,250 169,950 162,400 169,463 171,025 Unassigned Ending Balance 870,150 923,259 932,288 961,505 960,806 965,228 959,935 950,194 Operating Days 477 482 486 481 485 458 450 431 4B ECONOMIC DEVELOPMENT FUND 200 Sales tax (on-going)linked 569,319 931,250 1,087,500 1,131,500 1,163,945 1,197,363 1,231,784 1,267,238 Sales tax (one-time)fixed 345,000 100,000 12,500 25,000 25,000 25,000 25,000 25,000 Interest fixed 849 500 500 500 500 500 500 500 Transfers In - - - - - - - - Total Revenues & Transfers In 915,167 1,031,750 1,100,500 1,157,000 1,189,445 1,222,863 1,257,284 1,292,738 Expendures - - - - - - - - Transfer Out (1,004,360) (1,210,134) (1,100,500) (1,157,000) (1,189,445) (1,222,863) (1,257,284) (1,292,738) Total Expenditures & Transfers Out (1,004,360) (1,210,134) (1,100,500) (1,157,000) (1,189,445) (1,222,863) (1,257,284) (1,292,738) NET R&TI Over(Under) E&TO (89,193) (178,384) - - - - - - Beginning Fund Balance 267,577 178,384 - - - - - - Ending Fund Balance 178,384 - - - - - - - Restricted/Committed/Assigned 178,384 - - - - - - - Unassigned Ending Balance - - - - - - - - ECONOMIC DEVELOPMENT FUND 210 General Sales Tax linked to GF alloc to linked 208,181 210,000 150,000 154,500 159,135 163,909 168,826 173,891 Transfers In End FY2016 fixed 35,758 35,758 35,758 35,758 35,758 - - - Total Revenues & Transfers In 243,940 245,758 185,758 190,258 194,893 163,909 168,826 173,891 Expendures (243,940) (245,758) (185,758) (190,258) (194,893) (163,909) (168,826) (173,891) Transfers Out - - - - - - - - Total Expenditures & Transfers Out (243,940) (245,758) (185,758) (190,258) (194,893) (163,909) (168,826) (173,891) NET R&TI Over(Under) E&TO - - - - - - - - Beginning Fund Balance - - - - - - - - Ending Fund Balance - - - - - - - - Restricted/Committed/Assigned - - - - - - - - Unassigned Ending Balance - - - - - - - - 94 TOWN OF WESTLAKE 9/9/2013 FIVE YEAR FORECAST All Municipal Funds REV 05 AUDITED ESTIMATED PROPOSED 1 2 3 4 5 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 DESCRIPTION CEMETERY FUND 255 Revenues 2.0%4,671 6,060 6,060 6,181 6,305 6,431 6,560 6,691 Transfers In 2.0%- - - - - - - - Total Revenues & Transfers In 4,671 6,060 6,060 6,181 6,305 6,431 6,560 6,691 Expenditures 3.0%(6,281) (5,115) (11,440) (11,783) (12,137) (12,501) (12,876) (13,262) Transfers Out 3.0%- - - - - - - - Total Expenditures & Transfers Out (6,281) (5,115) (11,440) (11,783) (12,137) (12,501) (12,876) (13,262) NET R&TI Over(Under) E&TO (1,610) 945 (5,380) (5,602) (5,832) (6,070) (6,316) (6,571) Beginning Fund Balance 148,963 147,353 148,298 142,918 137,316 131,484 125,414 119,098 Ending Fund Balance 147,353 148,298 142,918 137,316 131,484 125,414 119,098 112,526 Restricted/Committed/Assigned 147,353 148,298 142,918 137,316 131,484 125,414 119,098 112,526 Unassigned Ending Balance - - - - - - - - LONE STAR PUBLIC FUND 418 Revenues 3.0%45 45 45 46 48 49 51 52 Transfers In 3.0%- - - - - - - - Total Revenues & Transfers In 45 45 45 46 48 49 51 52 Expenditures 3.0%- - - - - - - - Transfers Out 3.0%- - - - - - - - Total Expenditures & Transfers Out - - - - - - - - NET R&TI Over(Under) E&TO 45 45 45 46 48 49 51 52 Beginning Fund Balance 13,531 13,576 13,621 13,666 13,712 13,760 13,809 13,860 Ending Fund Balance 13,576 13,621 13,666 13,712 13,760 13,809 13,860 13,912 Restricted/Committed/Assigned 13,576 13,621 13,666 13,712 13,760 13,809 13,860 13,912 Unassigned Ending Balance - - - - - - - - SUMMARY Total Revenues & Transfers in 21,501,955 25,192,276 14,887,679 17,364,431 15,551,423 18,088,955 15,882,150 16,275,613 Total Expenditures & Transfers Out (20,906,859) (15,675,567) (25,327,665) (18,607,625) (15,473,745) (17,788,140) (17,007,547) (15,750,126) NET R&TI Over(Under) E&TO 595,096 9,516,709 (10,439,986) (1,243,194) 77,678 300,815 (1,125,397) 525,487 14,757,979 15,353,075 24,869,784 14,429,798 13,186,604 13,264,282 13,565,098 12,439,701 15,353,075 24,869,784 14,429,798 13,186,605 13,264,282 13,565,098 12,439,701 12,965,187 5,467,506 4,055,878 2,492,530 2,537,555 3,017,898 3,534,696 2,499,045 2,955,149 Unassigned Ending Balance 9,885,569 20,813,906 11,937,269 10,649,050 10,246,384 10,030,402 9,940,655 10,010,039 Restricted/Committed/Assigned Beginning Fund Balance Ending Fund Balance 95 GGLLOOSSSSAARRYY OOFF TTEERRMMSS Account: A separate financial reporting unit for budgeting, management, or accounting purposes. All budgetary transactions, whether revenue or expenditure, are recorded in accounts. Adopted Budget: The budget as modified and finally approved by the Town Council. The adopted budget is authorized by resolution that sets the legal spending limits for the fiscal year. Accounts Payable: A liability account reflecting amount of open accounts owed to private persons or organizations for goods and services received by a government (but not including amounts due to other funds of the same government or to other governments). Accounts Receivable: An asset account reflecting amounts owed to open accounts from private persons or organizations for goods or services furnished by the government. Accrual Accounting: Recognition of the financial effects of transactions, events, and circumstances in the period(s) when they occur regardless of when the cash is received or paid. Activity: A service performed by a department or division. Allocation: A part of a lump-sum amount, which is designated for expenditure by specific organization units and/or for special purposes, activities, or objects. Amortization: Payment of principal plus interest over a fixed period of time. Appropriation: An authorization made by the legislative body of a government, which permits officials to incur obligations against and to make expenditures of governmental resources. Specific appropriations are usually made at the fund level and are granted for a one-year period. Appropriation Ordinance: The official enactment by the legislative body establishing the legal authority for officials to obligate and expend resources. Assets: Resources owned or held by the Town which has monetary value. Audit: An examination, usually by an official or a private accounting firm retained by the Town Council, of organization financial statements and the utilization of resources. Balance Sheet: The basic financial statement, which discloses the assets, liability, and equities of an entity at a specific date in conformity with General Accepted Accounting Principles. Balanced Budget: A budget adopted by the Town Council and authorized by resolution where the proposed expenditures are equal to or less than the proposed revenues plus fund balances. Basis of Accounting: A term used referring to when revenue, expenditures, expenses, and transfers – and related assets and liabilities – are recognized in the accounts and reported in the Town’s financial statements. Bond: A written promise to pay a specified sum of money, called the face sum of money, called the principal amount, at a specified date or dates in the future, called the maturity date(s), together with periodic interest at a specified rate. Bond Covenant: A legally enforceable agreement with bondholders that requires the governmental agency selling the bond to meet certain conditions in the repayment of the debt. 96 GGLLOOSSSSAARRYY OOFF TTEERRMMSS Bond Ordinance: A law approving the sale of bonds that specifies how proceeds may be spent. Bond Funds: Resources derived from issuance of bonds for financing capital improvements. Budget: The Town's financial plan for a specific fiscal year that contains an estimate of proposed expenditures and the proposed means of financing them. Budget Amendment: A revision of the adopted budget that, when approved by the Council, replaces the original provision. Budget Calendar: Schedule of key dates which the Town follows in the preparation and adoption of the budget. Budget Document: Instrument used by the budget-making authority to present a comprehensive financial plan of operations to the Town Council. Budgetary Control: The control or management of the organization in accordance with an approved budget for the purpose of keeping expenditures within the limitations of available appropriations and revenues. Capital Expenditures: Any major non-recurring expenditure or expenditure for facilities, including additions or major alterations, construction of highways or utility lines, fixed equipment, landscaping or similar expenditures. Cash Basis: A basis of accounting under which transactions are recognized when cash changes hand Certificates of Obligations (CO’s): Similar to general obligation bonds except certificates require no voter approval. Comprehensive Annual Financial Report (CAFR): This report summarizes financial data for the previous fiscal year in a standardized format. Contingency: A budgetary reserve set aside for emergencies or unforeseen expenditures not otherwise budgeted. Contractual Services: The costs related to services performed for the Town by individuals, businesses, or utilities. Cost: The amount of money or other consideration exchanged for property or services. Cost may be incurred before money is paid; that is, as soon as liability is incurred. Council: The Mayor and five council members collectively acting as the legislative and policymaking body of the town Current Assets: Those assets which are available or can be made readily available to finance current operations or to pay current liabilities. Those assets which will be used up or converted into cash within one year. Some examples are cash, temporary investments, and accounts receivable collected within one year. Current Liabilities: Debt or other legal obligation arising out of transactions in the past which must be liquidated, renewed, or refunded within one year. Debt Service Fund: A fund used to account for the moneys set aside for the payment of interest and principal to holders of the Town's general obligation and revenue bonds, the sale of which finances long-term capital improvements, such as facilities, streets and drainage, parks and water/wastewater systems. Deficit: The excess of expenditures over revenues during an accounting period; or, in the case of proprietary funds, the excess of expense over income 97 GGLLOOSSSSAARRYY OOFF TTEERRMMSS during an accounting period. Department: A major administrative division of the Town that indicates overall management responsibility for an operation or a group of related operations within a functional area. Depreciation: Change in the value of assets (equipment, buildings, etc. with a useful life of 5 years or more) due to the use of the asset. EMS: Emergency Medical Services Encumbrances: The commitment of appropriated funds to purchase an item or service. Enterprise Fund: A fund established to account for operations that are financed and operated in a manner similar to private business enterprises – where the intent of the governing body is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Excess Fund Balance: The excess of a fund’s current assets over its current liabilities and required reserve limits. Exempt: Personnel not eligible to receive overtime pay and who are expected to work whatever hours are necessary to complete their job assignments. Expenditures: Outflow or non-enterprise funds paid or to be paid for an asset obtained or goods and services obtained. Expenses: Outflow of enterprise funds paid or to be paid for an asset obtained or goods and services obtained. Fiscal Policy: The Town’s policies with respond to spending and debt management as they relate to government services, programs, and capital investments. Reflect a set off principals for the planning and programming of government budgets. Fiscal Year: A 12-month period to which the annual operating budget applies and at the end of which a government determines its financial position and the result of its operations. The Town of Westlake’s fiscal year begins each October 1st and ends the following September 30th. Fixed Assets: Assets of a long-term character, which are intended to continue to be held or used, such as land, buildings, improvements other than buildings, machinery, and equipment. Franchise Fee: A fee levied by the Town Council on businesses that use Town property or right-of- way. This fee is usually charged as a percentage of gross receipts. Full-Time Equivalent (FTE): The measure of authorized personnel often referred to as worker-years. The full time equivalent of 1 person (1 FTE) approximately represents 2080 hours of work per year. Fund: A fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations. Fund Accounting: A governmental accounting system that is organized and operated on a fund basis. Fund Balance: The excess of a fund's current assets over its current liabilities, sometimes called working 98 GGLLOOSSSSAARRYY OOFF TTEERRMMSS capital or fund equity. A negative fund balance is often referred to as a deficit. GAAP-Generally Accepted Accounting Principles: Uniform minimum standards and guidelines for financial accounting and reporting. They govern the form and content of the financial statements of an entity. GAAP encompass the conventions, rules and procedures necessary to define accepted accounting practice at a particular time. They include not only broad guidelines of general applications, but also detailed practices and procedures. GAAP provide a standard by which to measure financial presentations. GASB: Acronym for Government Accounting Standards Board, an independent, non-profit agency responsible for the promulgation of accounting and financial reporting procedures for governmental entities. GFOA: Government Finance Officers Association of the United States and Canada General Fund: The fund used to account for all financial resources except those required to be accounted for in another fund. The General Fund is tax supported. General Obligation Bonds: Bonds sold and guaranteed by the Town, in which the full faith and credit of the Town is pledged for repayment. Governmental Funds: The funds through which most governmental functions typically are financed. The acquisition, use, and financial resources and the related current liabilities are accounted for through governmental funds (General, Special Revenue, Capital Projects, and Debt Service Funds). Goal: Generalized statements of where an organization desires to be at some future time with regard to certain operating elements (e.g. financial condition, service levels provided, etc.) Grant: A contribution by a government or other organization to support a particular function. Typically, these contributions are made to local governments from state or federal governments. Infrastructure: Basic public investments such as streets, storm drainage, water and sewer lines, streetlights and sidewalks. Inter-fund transfer: The transfer of money from one fund to another. Investments: Securities and real estate held for the production of revenues in the form of interest, dividends, rentals, or lease payments. L.F. (Linear feet): Length in feet. Lift Station: The Town’s collection system relies on gravity to collect water. When the system gets to an unreasonable depth, a lift station pumps the water to a higher elevation so the gravity process can begin again. Line-item budget: A budget format in which departmental outlays are grouped according to the items that will be purchased. MGD: Million gallons per day. Maintenance: The upkeep of physical properties in condition for use or occupancy. Examples are the inspection of equipment to detect defects and the making of repairs. Modified Accrual Accounting: This method of accounting is a combination of cash and accrual accounting since expenditures are immediately incurred as a 99 GGLLOOSSSSAARRYY OOFF TTEERRMMSS liability while revenues are not recorded until they are actually received or are “Measurable” and “available for expenditure”. This type of accounting basis is conservative and is recommended as the standard for most government funds. Municipal: Of or pertaining to a Town or its government. Non-departmental: Accounts for expenditures or professional services and other general government functions, which cannot be allocated to individual departments. Non-exempt: Personnel eligible to receive overtime pay when overtime work has been authorized or requested by the supervisor. Object Code: The standard classification of the expenditures such as office supplies or rental of equipment. Objectives: Specific, measurable targets set in relation to goals. Operating Budget: Plan for current expenditures and the proposed means of financing them. The annual operating budget is the primary means by which most of the financing, acquisition, spending, and service delivery activities of the Town are controlled. The use of annual operating budgets is required by State law. Operating Expenditure: Expenditure on an existing item of property or equipment that is not a capital expenditure. Ordinance: An authoritative command or order. This term is used for laws adopted by a municipality. Performance Measures: Specific quantitative measures of work performed within an activity or program. They may also measure results obtained through an activity or program. Personnel Services: Expenditures for salaries, wages and related fringe benefits of Town employees. Prompt Payment Act: Adopted in July, 1985 by the State, the Act requires the Town to pay for goods and services within 30 days of receipt of invoice or the goods or services, whichever comes later. If this is not satisfied, the Town may be charged interest on the unpaid balance at the rate of 1% per month. Property Tax Reduction Sales Tax (PTR): ½ cent sales tax approved by the Town of Westlake voters in May, 2006. Texas law allowed the Town to collect the new ½ cent sales tax that does not share the restrictive spending limitations on revenues designated to the 4A Economic Development Fund ½ cent sales tax. 4A sales tax was dissolved and replaced with this sales tax. Proposed Budget: The financial plan initially developed by departments and presented by the Town Manger to the Town Council for approval. Proprietary Funds: Operation that operates like a private operation, in which services are financed through user charges and expenditures include the full cost of operations. Public Hearing: An open meeting regarding proposed operating or capital budget allocations, which provide citizens with an opportunity to voice their views on the merits of the proposals. PVC: Acronym for polyvinyl chloride, a plastic compound used for water and sewer pipes. Reserve: An account used to indicate that a portion of fund resources is restricted for a specific 100 GGLLOOSSSSAARRYY OOFF TTEERRMMSS purpose, or is not available for appropriation and subsequent spending. Resolution: A formal statement of opinion or determination adopted by an assembly or other formal group. Resources: Total dollars available for appropriations, including estimated revenues, fund transfers, and beginning fund balances. Retained Earnings: The excess of total assets over total liabilities for an enterprise fund. Retained earnings include both short-term and long-term assets and liabilities for an enterprise fund. Revenues: Funds that the government receives as income. It includes such items a tax payment, fees from specific services, receipts from other governments, fines for forfeitures, grants, shared revenues and interest income. ROW: Acronym for right-of- way. Sales Tax: A general “sales tax” is levied on persons and businesses selling merchandise or services in the town limits on a retail basis. The categories for taxation are defined by state law. Monies collected under authorization of this tax are for the use and benefit of the town. SCADA: Acronym that stands for Supervisory Control and Data Acquisition. SCADA refers to a system that collects data from various sensors at a remote location and then sends this data to a central computer which then manages and controls the data. Special Revenue Fund: A fund used to account for the proceeds of specific revenue sources that are legally restricted to expenditure for specified purposes. Supplies: A cost category for minor items (individually priced at less than $5,000) required by departments to conduct their operations. TMRS: Acronym for the Texas Municipal Retirement System, a pension plan for employees of member cities within the State of Texas. TRA: Trinity River Authority – A separate governmental entity responsible for providing water and wastewater services in the Trinity River basin. The Town contracts with TRA for treatment of wastewater. TXDOT: Texas Department of Transportation Transfer-In: Funds expended in one fund and received in other. User Charges: The payment of a fee for direct receipt of a public service by the party benefiting from the service. Working Capital: Budgeted working capital is calculated as a fund’s current assets less current liabilities and outstanding encumbrances. Working capital does not include long-term assets or liabilities. For budgetary purposes, working capital, rather than retained earnings, is generally used to reflect the available resources of enterprise funds. 101 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS MUNICIPAL OPERATIONS I. STATEMENT OF PURPOSE The overall intent of the following Fiscal and Budgetary Policy Statements is to enable the Town to achieve a long-term stable and positive financial condition. The watchwords of the Town’s financial management include integrity, prudence, stewardship, planning, accountability, and full disclosure. The more specific purpose is to provide guidelines to the Town Manager and Finance Director in planning and directing the Town’s day-to-day financial affairs and in developing recommendations to the Town Manger and Town Council. The scope of these policies generally span, among other issues, accounting, purchasing, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, cash and investment management, expenditure control, asset management, debt management, and planning concepts, in order to: A. Present fairly and with full disclosure the financial position and results of the financial operations of the Town in conformity with generally accepted accounting principles (GAAP), and B. Determine and demonstrate compliance with finance related legal and contractual issues in accordance with provisions of the Texas Local Government Code and other pertinent legal documents and mandates. The Town Council will annually review and approve the Fiscal and Budgetary Policy Statements as part of the budget process. II. SUMMARY OF POLICY INTENDED OUTCOMES This policy framework mandates pursuit of the following fiscal objectives: A. Operating Budget: Prepare, conservatively estimate revenues, present, and adopt the Town’s annual operating plan. B. Revenues Management: Design, maintain, and administer a revenue system that will assure a reliable, equitable, diversified, and sufficient revenue stream to support desired Town services. C. Expenditure Control: Identify priority services, establish appropriate service levels, and administer the expenditure of available resources to assure fiscal stability and the effective and efficient delivery of services. D. Fund Balance/Retained Earnings: Maintain the fund balance and retained earnings of the various operating funds at levels sufficient to protect the Town’s creditworthiness as well as its financial position from emergencies. E. Debt Management: Establish guidelines for debt financing that will provide needed capital equipment and infrastructure improvements while minimizing the impact of debt payments on current revenues. 102 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS F. Intergovernmental Relationships: Where feasible, coordinate efforts with other governmental agencies to achieve common policy objectives, share the cost of providing governmental services on an equitable basis and support favorable legislation at the State and Federal level. G. Grants: Seek, apply for and effectively administer within this policy’s guidelines, Federal, State, and foundation grants-in-aid which address the Town’s current priorities and policy objectives. H. Economic Development: Initiate where feasible, encourage, and participate in economic development efforts to create job opportunities and strengthen the local tax base and economy I. Fiscal Monitoring: Prepare and present regular reports that analyze, evaluate, and forecast the Town’s financial performance and economic condition. J. Financial Consultants: With available resources, seek out and employ the assistance of qualified financial advisors and consultants in the management and administration of the Town’s financial functions. K. Accounting, Auditing, and Financial Reporting: Comply with prevailing Federal, State and local statues and regulations. Conform to generally accepted accounting principles as promulgated by the Government Accounting Standards Board (GASB), the American Institute of Certified Public Accountants (AICPA), and the Government Finance Officers Association (GFOA). L. Capital Improvement Plan/Budget and Program: Multi-year planning, forecasting, preparation, and control of the Town’s capital improvement plan/budget. M. Capital Maintenance and Replacement: Annually review and monitor the state of the Town’s capital equipment and infrastructure, setting priorities for its replacement and renovation based on needs, finding alternatives, and availability of resources. N. Internal Controls: To establish and maintain an internal control structure designed to provide reasonable assurances that the Town’s assets are safeguarded and that the possibilities for material errors in the Town’s financial records are minimized. III. OPERATING BUDGET A. Preparation - Budgeting is an essential element of the financial planning, control and evaluation process of municipal government. The “operating budget” is the Town’s annual financial operating plan. The budget includes all of the operating departments of the Town, the debt service fund, all capital projects funds, and the internal service funds of the Town. The proposed budget will be prepared with the cooperation of all Town departments, and is submitted to the Town Manager who makes any necessary changes and transmits the document to the Town Council. A budget preparation calendar and timetable will be established and followed in accordance with State law. B. Revenue Estimates for Budgeting - In order to maintain a stable level of services, the Town shall use a conservative, objective, and analytical approach when preparing 103 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS revenue estimates. The process shall include analysis of probable economic changes and their impacts on revenues, historical collection rates, and trends in revenues. This approach should reduce the likelihood of actual revenues falling short of budget estimates during the year and should avoid mid-year service reductions. C. Balanced Budget - As per State Law, current operating revenues, including Property Tax Reduction Sales Tax transfers (which can be used for operations), will be sufficient to support current operating expenditures. Annually recurring revenue will not be less than annually recurring operating budget expenditures (operating budget minus capital outlay). Debt or bond financing will not be used to finance current expenditures. D. Proposed Budget Process - a proposed budget shall be prepared by the Town Manager with the participation of all of the Town’s department directors. • The proposed budget shall include four basic segments for review and evaluation: (1) personnel costs, (2) base budget for operations and maintenance costs, (3) service level adjustments for increases of existing service levels or additional services, and (4) revenues. • The proposed budget review process shall include Council participation in the review of each of the four segments of the proposed budget and a public hearing to allow for citizen participation in the budget preparation. • The proposed budget process shall allow sufficient time to provide review, as well as address policy and fiscal issues, by the Town Council. • A copy of the proposed budget shall be filed with the Town Secretary when it is submitted to the Town Council as well as placed on the Town’s website. E. Budget Adoption - Upon the determination and presentation of the final iteration of the proposed budget as established by the Council, a public hearing date and time will be set and publicized. The Council will subsequently consider a resolution which, if adopted, such budget becomes the Town’s Approved Annual Budget. The adopted budget will be effective for the fiscal year beginning October 1. The approved budget will be placed on the Town’s web site. F. Budget Award - Each year the Council approved operating budget will be submitted annually to the Government Finance Officers Association (GFOA) for evaluation and consideration for the Award for Distinguished Budget Presentation. G. Budget Amendments - Department Directors are responsible for monitoring their respective department budgets. The Finance Department will monitor all financial operations. The budget team will decide whether to proceed with a budget amendment and, if so, will then present the request to the Town Council. If the Council decides a budget amendment is necessary, the amendment is adopted in resolution format and the necessary budgetary changes are then made. H. Central Control - Modifications within the operating categories (salaries, supplies, maintenance, services, capital, etc.) can be made with the approval of the Town Manager. Modifications to reserve categories and interdepartmental budget totals will be made only by Town Council consent with formal briefing and Council action. I. Planning - The budget process will be coordinated so as to identify major policy issues for Town Council by integrating it into the Council’s overall strategic planning process for the Town. Each department shall have a multi-year business plan that integrates with the 104 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS Town’s overall strategic plan. J. Reporting - Monthly financial reports will be prepared by the Finance Department and distributed to and reviewed by each Director. Information obtained from financial reports and other operating reports is to be used by Directors to monitor and control departmental budget. Summary financial reports will be presented to the Town Council quarterly. K. Performance Measures & Productivity Indicators - Where appropriate, performance measures and productivity indicators will be used as guidelines to measure efficiency, effectiveness, and outcomes of Town services. This information will be included in the annual budget process as needed. L. Contingent Appropriation - During the budget process, staff will attempt to establish an adequate contingent appropriation in each of the operating funds. The expenditure for this appropriation shall be made only in cases of emergency, and a detailed account shall be recorded and reported. The proceeds shall be disbursed only by transfer to departmental appropriation. All tran sfers from the contingent appropriation will be evaluated using the following criteria: • Is the request of such an emergency nature that it must be made immediately? • Why was the item not budgeted in the normal budget process? • Why can’t the transfer be made within the department? IV. REVENUES MANAGEMENT A. REVENUE DESIGN PARAMETER. The Town will pursue the following optimum characteristics in its revenue system: • Simplicity - The Town, where possible and without sacrificing accuracy, will strive to keep the revenue system simple in order to reduce costs, achieve transparency, and increase citizen understanding of Town revenue sources. • Certainty - A knowledge and understanding of revenue sources reliability increases the viability of the revenue system. The Town will understand, to the best of its ability, all aspects of its revenue sources and their performance, as well as enact consistent collection policies to provide assurances that the revenue base will materialize according to budgets, forecasts, and plans. • Equity - The Town shall make every effort to maintain equity in its revenue system: i.e. the Town shall seek to minimize or eliminate all forms of subsidization between entities, funds, services utilities, and customer classes within a utility. • Administration - The benefits of a revenue source will not exceed the cost of collecting that revenue. Every effort will be made for the cost of collection to be reviewed annually for cost effectiveness as a part of the Town’s indirect cost and cost of service analysis. • Adequacy, Diversification and Stability - The Town shall attempt, in as much as is practical, to achieve a balance in its revenue system. The Town shall also strive to maintain a balanced and diversified revenue system to protect the Town from fluctuations in any one source due to changes in local economic conditions which adversely impact that revenue source. B. OTHER CONSIDERATIONS. The following considerations and issues will guide the Town in its revenue policies concerning specific sources of funds: 105 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS • Cost/Benefit of Incentives for Economic Development - The Town will use due caution in the analysis of any tax or fee incentives that are being considered to encourage economic development. A cost/benefit (fiscal impact) analysis will be performed as a part of the evaluation for each proposed economic development project. • Non-Recurring Revenues - One-time or non-recurring revenues will not be used to finance on-going operational costs. Non-recurring revenues will be used only for one- time expenditures such as long-lived capital needs or one-time major maintenance projects that occur infrequently. Non-recurring revenues will not be used for budget balancing purposes except to cover the one-time expenditures described above. • Investment Income - Earnings from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the equity balance of the fund from which monies were provided to be invested. • Property Tax Revenues - The Town shall endeavor to avoid a property tax by revenue diversification, implementation of user fees, and economic development. C. USER-BASED (DEMAND DRIVEN) FEES AND SERVICE CHARGES. For services that are demand driven and can be associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. The Town staff will endeavor to prepare a review of all fees and charges annually, but not less than once every three years, in order to ensure that these fees provide for, at minimum, full cost recovery of service. D. ENTERPRISE FUND RATES. Utility rates and rate structures for water and sewer services will be constructed to target full cost of service recovery. Annually the Town will review and adopt water and sewer utility rates and a rate structure that generates revenue sufficient to fully cover operating expenses, meet the legal restrictions of all applicable bond covenants, provide for an adequate level of working capital, and recover applicable general/administrative costs. The Solid Waste function will have rates that fully recover all costs and maintain an adequate balance. The Cemetery Fund will be structured to operate on lot sales and endowments. • General and Administrative (G&A) Charges – Where feasible, G&A costs will be charged to all funds for services of indirect general overhead costs, which may include general administration, finance, customer billing, facility use, personnel, technology, engineering, legal counsel, and other costs as deemed appropriate. These charges will be determined through an indirect cost allocation study following accepted practices and procedures. E. INTERGOVERNMENTAL REVENUES. As a general rule, intergovernmental revenues (grants) will not be utilized for on-going operating costs. Any potential grant opportunity will be examined to identify all costs related to matching and continuation of program requirements. Staff will focus on one-time grants to avoid long-term implications. If it is determined that accepting a grant with on-going cost conditions is in the interests of the Town, all the operating and maintenance costs must be included in the financial forecast and their ultimate effect on operations and revenue requirements be known. F. REVENUE MONITORING. Revenues as they are received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. 106 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS G. SPECIAL REVENUE / EDUCATIONAL FUNDS. Where feasible and practical, General and Administrative Charges (G&A) for special revenue and educational funds of the Town of Westlake will be determined on an annual basis and transfers will be made where sufficient revenue exists to cover the associated expenditures. V. EXPENDITURE CONTROL A. Appropriations – The point of budgetary control is at the department level in the General Fund and at the fund level in all other funds. When budget adjustments among Departments and/or funds are necessary, they must be approved by the Town Council. B. Current Funding Basis - The Town shall operate on a current funding basis. Expenditures shall be budgeted and controlled so as not to exceed current revenues plus the planned use of fund balance accumulated through prior year savings. (The use of fund balance shall be guided by the Fund Balance/Retained Earnings Policy Statements.) C. Avoidance of Operating Deficits - The Town shall take immediate corrective actions if at any time during the fiscal year expenditure and revenue re-estimates are such that an operating deficit (i.e., projected expenditures in excess of projected revenues) is projected at year-end. Corrective actions can include a hiring freeze, expenditure reductions, fee increases, or use of fund balance within the Fund. D. Balance/Retained Earnings Policy- Expenditure deferrals into the following fiscal year, short- term loans, or use of one-time revenue sources shall be avoided to balance the budget. E. Maintenance of Capital Assets - Within the resources available each fiscal year, the Town shall maintain capital assets and infrastructure at a sufficient level to protect the Town's investment, to minimize future replacement and maintenance costs, and to continue service levels. F. Periodic Program Reviews - The Town Manager shall undertake periodic staff and third- party reviews of Town programs for both efficiency and effectiveness. Privatization and contracting with other governmental agencies will be evaluated as alternative approaches to service delivery. Programs which are determined to be inefficient and/or ineffective shall be reduced in scope or eliminated. G. Salary - The Town shall strive to maintain competitive salary levels for municipal employees. A salary survey will be conducted through a sampling of surrounding and comparable municipal organizations to create a comparison. The Town will strive to maintain salary levels within three percent (3%) of the median of surveyed benchmark municipalities. H. Purchasing - The Town shall make every effort to maximize any discounts offered by creditors/vendors. Staff shall also use competitive bidding in accordance to State law, as well as intergovernmental partnerships and purchasing cooperatives to attain the best possible price on goods and services. I. Prompt Payment - All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. 107 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS VI. FUND BALANCE/RETAINED EARNINGS A. General Fund Undesignated Fund Balance - The Town shall strive to maintain the General Fund undesignated fund balance at, or in excess of, 90 days of operation. B. Retained Earnings of Other Operating Funds - In the Utility Fund, the Town shall strive to maintain positive retained earnings positions to provide sufficient reserves for emergencies and revenue shortfalls. C Use of Fund Balance - Fund Balance will be targeted to only be used with Council approval and can be only be used for the following: emergencies, non-recurring expenditures, such as technology/FF&E (furniture, fixtures and equipment), or major capital purchases that cannot be accommodated through current year savings. Should such use reduce the balance below the appropriate level set as the objective for that fund, recommendations will be made on how to restore it. The Council shall approve all commitments by formal action. The action to commit funds must occur prior to fiscal year- end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. A commitment can only be modified or removed by the same formal action. The Council delegates the responsibility to assign funds to the Town Manager or his/her designee. The Council shall have the authority to assign any amount of funds. Assignments may occur subsequent to fiscal year-end. The Council will utilize funds in the following spending order: Restricted, Committed, Assigned, Unassigned VII. DEBT MANAGEMENT A. Debt Issuance Analysis - All consideration of debt issuance for major capital assets will be prepared within the framework of a Council approved multi-year capital improvement plan and forecast for all Town facilities and infrastructure. B. Analysis of Debt Issuance and Debt Issuance Alternatives - Staff will explore alternatives to the issuance of debt for capital acquisitions and construction projects. These alternatives will include, but not be limited to, (1) grants- in- aid, (2) use of reserves, (3) use of either current on-going general revenues or one-time revenues, (4) contributions from developers and others, (5) leases, (6) user fees, and (7) impact fees. C. Use of Debt Financing - The useful life of the asset or project shall, at a minimum, exceed the payout schedule of any debt the Town assumes. Debt financing instruments to be considered by the Town may include: • General obligation bonds - These must be authorized by a vote of the citizens of Westlake. • Revenue bonds - These bonds generate capital requirements necessary for continuation or expansion of a service which produces revenue and for which the asset may reasonable be expected to provide for a revenue stream to fund the debt service requirement. 108 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS • Certificates of obligation - These can be authorized by Council approval with debt service by either general revenues or backed by a specific revenue stream or a combination of both. • Lease/purchase agreements - These shall only be used to purchase capital assets that cannot be financed from either current revenues or fund balance/retained earnings and to fund infrastructure improvements and additions. D. Assumption of Additional Debt - The Town shall not assume more tax-supported general purpose debt than it retires each year without first conducting an objective analysis as to the community's ability to assume and support additional debt service payments. E. Affordability Targets - The Town shall use an objective multi-year analytical approach to determine whether it can afford to assume new general purpose debt beyond what it retires each year. This process shall compare generally accepted standards of affordability to the current values for the Town. The process shall also examine the direct costs and benefits of the proposed expenditures. The decision on whether or not to assume new debt shall be based on these costs and benefits and on the Town's ability to "afford” new debt as determined by the aforementioned standards. The Town shall strive to achieve and/or maintain these standards at a low to moderate classification. F. Debt Structure - The Town shall structure its debt payment schedules for general purpose debt to ensure level principal repayment schedules. The Town shall not assume any debt with "balloon' repayment schedules which consist of low annual payments and one large payment of the balance due at the end of the term. While balloon payment structures minimize the size of debt payments during the period, they force a large funding requirement on the budget of the final year. Given the uncertainties of the future, level payment schedules improve budget planning and financial management. G. Sale Process - The Town shall use a competitive bidding process in the sale of debt unless the nature of the issue warrants a negotiated bid. The Town shall award bonds based on a true interest cost (TIC) basis as long as the financial advisor agrees that the TIC basis can satisfactorily determine the lowest and best bid. H. Bond Rating Agencies Presentations - Full disclosure of operations and open lines of communication shall be made to the bond rating agencies. Town staff, with assistance of financial advisors, shall prepare the necessary materials and presentation to the bond rating agencies. I. Continuing Disclosure - The Town is committed to continuing disclosure of financial and pertinent credit information relevant to the Town's outstanding securities. J. Debt Refunding - Town staff and the financial advisor shall monitor the municipal bond market for opportunities to obtain interest savings by refunding outstanding debt. As a general rule, the present value savings of a particular refunding should exceed 3.5% of the refunded maturities. 109 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS VIII. INTERGOVERNMENTAL RELATIONSHIPS The Town will pursue coordinated efforts with other governmental agencies to achieve common policy objectives, share the cost of providing government services on an equitable basis, and support favorable legislation at the State and Federal levels. A. Inter-local Cooperation in Delivering Services - In order to promote the effective and efficient delivery of services, the Town shall actively seek to work with other local jurisdictions in joint purchasing consortia, sharing facilities, sharing equitably the costs of service delivery, and developing joint programs to improve service to its citizens. B. Legislative Program - The Town shall cooperate with other jurisdictions to actively oppose any State or Federal regulation or proposal that mandates additional Town programs or services and does not provide the funding to implement them. Conversely, as appropriate, the Town shall support legislative initiatives that provide more funds for priority local programs. IX. GRANTS A. Grant Guidelines - The Town shall apply, and facilitate the application by others, for only those grants that are consistent with the objectives and high priority needs previously identified above in these policies. The potential for incurring on-going costs, to include the assumption of support for grant funded positions from local revenues, will be considered prior to applying for a grant. B. Grant Review - All grant submittals shall be reviewed for their cash match requirements, their potential impact on the operating budget, and the extent to which they meet the Town's policy objectives. If there are cash match requirements, the source of funding shall be identified prior to application. Staff will focus on one-time grants to avoid long-term implications related to additional expenditures in future years. C. Grant Program Termination - The Town shall terminate grant funded programs and associated positions when grant funds are no longer available unless alternate funding is identified. X. ECONOMIC DEVELOPMENT A. Positive Business Environment - The Town shall endeavor, through its regulatory and administrative functions, to provide a positive business environment in which local businesses can grow, flourish and create jobs. The Town Council and Town staff will be sensitive to the needs, concerns and issues facing local businesses. B. Commitment to Business Expansion, Diversification, and Job Creation - The Town shall encourage and participate in economic development efforts to expand Westlake's economy to increase local employment. These efforts shall not only focus on newly developing areas but also on other established sections of Westlake where development can generate additional jobs and other economic benefits. 110 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS C. Coordinate Efforts with Other Jurisdictions - The Town's economic development program shall encourage close cooperation with other local jurisdictions, chambers of commerce, and groups Interested in promoting the economic well-being of this area. D. Cost/Benefit of Incentives for Economic Development - The Town will use due caution in the analysis of any tax or fee incentives that are used to encourage economic development. A cost/benefit (fiscal impact) analysis will be performed as part of such evaluation for each prospect. Economic development agreements will contain performance language as to the business’s proposed economic impact to Westlake in exchange for Town incentives with adequate “claw-back” provisions for the Town. XI. FISCAL MONITORING A. Financial Status and Performance Reports - Quarterly reports comparing expenditures and revenues to current budget, projecting expenditures and revenues through the end of the year, noting the status of fund balances to include dollar amounts and percentages, and outlining any remedial actions necessary to maintain the Town's financial position shall be prepared for review by the Town Manager and the Council. B. Compliance with Council Policy Statements - The Fiscal and Budgetary Policies will be reviewed annually by the Council and updated, revised or refined as deemed necessary. Policy statements adopted by the Council are guidelines, and occasionally, exceptions may be appropriate and required. However, exceptions to stated policies will be specifically identified, and the need for the exception will be documented and fully explained. XII. FINANCIAL CONSULTANTS To employ the assistance of qualified financial advisors and consultants as needed in the management and administration of the Town's financial functions. These areas include but are not limited to investments, debt administration, financial accounting systems, program evaluation, and financial impact modeling. Advisors shall be selected on a competitive basis using objective questionnaires and requests for proposals based on the scope of the work to be performed. XIII. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING To comply with prevailing local, state, and federal regulations relative to accounting, auditing, and financial reporting. Accounting practices and financial reporting shall conform to generally accepted accounting principles as promulgated by the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public Accountants, (AICPA), and the Government Finance Officers Association (GFOA). The Board shall select an independent firm of certified public accountants to perform an annual audit of all operations A. Accounting – The Town is solely responsible for the recording and reporting of its financial affairs, both internally and externally. The Town’s Finance Director is responsible for establishing the structure for the Town’s chart of accounts and for assuring that procedures are in place to properly record financial transactions and report the Town’s financial 111 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS position. B. External Auditing - Town will be audited annually by outside independent accountants (auditors). The auditors must be a CPA firm and must demonstrate significant experience in the field of local government auditing. They must conduct the town’s audit in accordance with generally accepted auditing standards and be knowledgeable in the Government Finance Officers Association Certificate of Achievement program. The auditors’ report on Town’s financial statements will be completed within a timely period of the Town’s fiscal year-end. The auditor will jointly review the management letter with the Town Council, if necessary. In conjunction with this review, the Finance Director shall respond in writing to the Town Council regarding the auditor’s Management Letter, addressing the issued contained therein. The Town will not require auditor rotation, but will circulate request for proposal for audit services on a periodic basis as deemed appropriate. C. External Financial Reporting - Town will prepare and publish a comprehensive annual financial report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and awarding of the Certificate of Achievement for Excellence in Financial Reporting. D. Responsibility of Auditor to Town Council – The auditor is retained by and it accountable directly to the Town Council and will have access to direct communication with the Town Council if the Town Staff is unresponsive to auditor recommendations or if the auditor considers such communication necessary to fulfill its legal and professional responsibilities. E. Internal Financial Reporting - The Finance Department will prepare internal financial reports sufficient for management to plan, monitor, and control Town’s financial affairs. XIV. CAPITAL BUDGET AND PROGRAM A. Preparation - The Town’s capital budget will include all capital projects funds and all capital resources. While the capital budget will be prepared annually on a project basis, it will be based on an on-going, multi-year capital improvement plan (CIP) that shows all funded and unfunded projects as identified by staff for all Town facilities and infrastructure. The multi-year CIP will be reviewed annually, updated by staff and presented to the Council for its review and approval. The annual capital budget will be prepared by the Finance Department with the involvement of responsible departments based on the multi- year CIP. B. Control - All capital project expenditures must be appropriated in the capital budget. The Finance Director must certify the availability of resources before any capital project contract is presented to the Town Council for approval. C. Program Planning - The capital budget will be taken from the capital improvements project plan for future years. The planning time frame for the capital improvements project plan should normally be five years, with a minimum of at least three years. The replacement and maintenance for capital items should also be projected for the next five years. Future maintenance and operational costs will be considered so that these costs can be included as appropriate in the annual budget. 112 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS D. Financing Programs - Where applicable and with Council approval, impact fees, pro-rata charges, assessments, or other fees should be used to fund capital projects which have a primary benefit to specific, identifiable property owners. • Recognizing that long-term debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives which equal or exceed the average life of the debt issue. E. Reporting - Periodic financial reports will be prepared to enable the department directors to manage their capital budgets. Summary capital project status reports will be presented to the Town Council quarterly. XV. CAPITAL MAINTENANCE AND REPLACEMENT The Town recognizes that deferred maintenance and not anticipating capital replacement needs increases future capital costs. Annually, available funds will be evaluated during the budget process and a percentage of each operating fund’s budget will be recommended to the Council for transfer. Upon approval by the Council, the recommended amount will be transferred to the appropriate funds (General or Utility Maintenance Replacement Fund) for major maintenance/ replacement of street, building roof, flooring, air conditioning, equipment, etc. XVI. INTERNAL CONTROLS A. Written Procedures - Whenever possible, written procedures will be established and maintained by the Finance Director for all functions involving purchasing, cash handling and/or accounting throughout the Town. These procedures will embrace the general concepts of fiscal responsibility set for in this policy statement. B. Department Directors’ Responsibilities - Each department director is responsible for ensuring that good internal controls are followed throughout his/her department, that all directives or internal controls are implemented, and that all independent auditor internal control recommendations are addressed. Departments will develop and periodically update written internal control procedures. XVII. ASSET MANAGEMENT A. Investments – The Finance Director shall promptly invest all Town funds with the depository bank in accordance with the provisions of the current Bank Depository Agreement or in any negotiable instrument authorized by the Town Council. Further, investments shall be made in accordance with the Investment Policy approved by the Town Council for the Town of Westlake that meets the requirements of the Public Funds Investment Act (PFIA), Section 2256 of the Texas Local Government Code. The Finance Director will issue quarterly reports on investment activity to the Town Council. B. Cash Management - Town’s cash flow will be managed to maximize the cash available to invest. Such cash management will entail the centralization of cash collections, where feasibility, including utility bills, building and related permits and license, fines, fees, and other collection offices as appropriate. Periodic review of cash flow position will be 113 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS performed to determine performance of cash management and conformance to investment policies. The underlying theme will be that idle cash will be invested with the intent to (1) safeguard assets, (2) maintain liquidity, and (3) maximize return. C. Fixed Assets and Inventory - Such assets will be reasonably safeguarded and properly accounted for and prudently insured. The fixed asset inventory will be updated regularly. D. Capitalization Criteria – For purposes of budgeting and accounting classification, the following criteria must be capitalized: • The asset is owned by the Town of Westlake • The expected useful life of the asset must be longer than one year, or extend the life on an identifiable existing asset by more than one year • The original cost of the asset must be at least $5,000 • The asset must be tangible • On-going repairs and general maintenance are not capitalized • New Purchases – All costs associated with bringing the asset into working order will be capitalized as part of the asset cost. This includes start up costs, engineering or consultant type fees as part of the asset cost once the decision or commitment to purchase the asset is made. The cost of land acquired should include all related costs associated with its purchase • Improvements and Replacement – Improvement will be capitalized when they extend the original life of an asset or when they make the asset more valuable than it was originally. The replacement of assets components will normally be expenses unless they are a significant nature and meet all the capitalization criteria. E. Computer System/Data Security – The Town shall provide security of its computer/network system and data files through physical and logical security systems that will include, but are not limited to: network user authentications, firewalls, content filtering, spam/virus protection, and redundant data backup. ACADEMIC OPERATIONS I. STATEMENT OF PURPOSE The broader intent of the following Fiscal and Budgetary Policy Statements is to enable the Academy to achieve a long-term stable and positive financial condition. The watchwords of the Academy’s financial management include integrity, prudent, stewardship, planning, accountability, and full disclosure. The more specific purpose is to provide guidelines to the Finance Director in planning and directing the Academy’s day-to-day financial affairs and in developing recommendations to the Academy Superintendent or his designate and Academy Board of Trustees. The scope of these policies generally span, among other issues, accounting, purchasing, auditing, financial reporting, internal controls, operating budgeting, revenue management, cash and investment management, expenditure control, asset management, debt management, and planning concepts, in order to: • Present fairly and with full disclosure the financial position and results of the financial operations of the Academy in conformity with generally accepted accounting principles (GAAP), and 114 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS • Determine and demonstrate compliance with finance related legal and contractual issues in accordance with provisions of the Texas Local Government Code and other pertinent legal documents and mandates. The Academy Board of Trustees will annually review and approve the Fiscal and Budgetary Policy Statements as part of the budget process. II. SUMMARY OF POLICY INTENDED OUTCOMES This policy framework mandates pursuit of the following fiscal objectives: Operating Budget: Prepare conservatively, estimate revenues, present and adopt the Academy’s annual operating plan. Revenues Management: Design, maintain and administer a revenue system that will assure a reliable, equitable, diversified and sufficient revenue stream to support desired Academy services. Expenditure Control: Identify priority services, establish appropriate service levels and administer the expenditure of available resources necessary to assure fiscal stability and the effective and efficient delivery of services. Fund Balance: Maintain the fund balance of the various operating funds at levels sufficient to protect the Academy’s creditworthiness as well as its financial position from emergencies. Intergovernmental Relationships: Coordinate efforts with other agencies to achieve common policy objectives, share the cost of providing governmental services on an equitable basis and support favorable legislation at the State and Federal level. Grants: Seek, apply for and effectively administer Federal, State, and foundation grants-in-aid which address the Academy’s current priorities and policy objectives. Fiscal Monitoring: Prepare and present regular reports that analyze, evaluate, and forecast the Academy’s financial performance and economic condition. Financial Consultants: With available resources, seek out and employ the assistance of qualified financial advisors and consultants in the management and administration of the Academy’s financial functions. Accounting, Auditing, and Financial Reporting: Comply with prevailing Federal, State and local statues and regulations. Conform to generally accepted accounting principles as promulgated by the Government Accounting Standards Board (GASB), the American Institute of Certified Public Accountants (AICPA), and the Government Finance Officers Association (GFOA). Internal Controls: To establish and maintain an internal control structure designed to provide reasonable assurances that the Academy’s assets are safeguarded and that the possibilities for material errors in the Academy’s financial records are minimized. 115 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS III. OPERATING BUDGET PREPARATION – BUDGETING IS AN ESSENTIAL ELEMENT OF THE FINANCIAL PLANNING, CONTROL, AND EVALUATION PROCESS. THE “OPERATING BUDGET” IS THE ACADEMY’S ANNUAL FINANCIAL OPERATING PLAN RELATED TO EDUCATIONAL SERVICE INSTRUCTIONAL COSTS. The Academy operating budget is legally required to include the Academy’s General, Debt Service, and Food Service Funds. Currently, Westlake Academy only has one fund, the General Fund, which must be legally adopted annually. The Academy budgets the Special Revenue Funds for informational purposes only. Information to be prepared includes documentation related to Service Level Adjustments (SLAs) for increases to existing service levels or additional services, position control schedules, general and administrative cost implications, etc. will be submitted and reviewed during the budget process. SLA’s related to new position requests will include an assessment of their impact on additional internal services necessary to support these positions as it relates to General & Administrative (G&A) charges in the Academy budget ( subject to funding availability) to fund these costs. A budget preparation calendar and timetable will be established and followed in accordance with State law. Revenue Estimates for Budgeting - In order to maintain a stable level of services, the Academy shall use a conservative, objective, and analytical approach when preparing revenue estimates. The process shall include analysis of probable economic changes and their impacts on revenues, number of students, and trends in revenues. It will also include an assessment of the State legislative environment related to public charter school funding levels. This approach should reduce the likelihood of actual revenues falling short of budget estimates during the year and should avoid mid- year service reductions. Balanced Budget – A balanced budget is a budget with total expenditures not exceeding total revenues and monies available in the fund balance within an individual fund. Proposed Budget Content and Process – A proposed budget shall be prepared by the Superintendent or his designate with the participation of the Academy’s Leadership Team, Finance Director and Academy staff, and then submitted to the Superintendent for review. Following the Superintendent’s review, the proposed budget will be presented to the Board for its consideration. The proposed budget shall include five basic segments for review and evaluation: (1) personnel costs, (2) base budget for operations and maintenance costs, (3) service level adjustments for increases of existing service levels or additional services, (4) revenues, and (5) General Administrative (G&A) costs. The proposed budget review process shall include Board of Trustees review of each of the four segments of the proposed budget and a public hearing to allow for citizen participation in the budget preparation process. 116 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS Concurrent with the Academy budget preparation, Town staff will identify and provide to the Board all direct Academy expenses contained in the Town’s municipal budget. The proposed budget process shall allow sufficient time to provide review as well as address policy and fiscal issues by the Board of Trustees. A copy of the proposed budget shall be filed with the Town Secretary when it is submitted to the Board of Trustees as well as placed on the Academy’s website. Budget Adoption - Upon the determination and presentation of the final iteration of the proposed budget document as established by the Board of Trustees, a public hearing will be set and publicized. The Board will subsequently consider a resolution which, if adopted, such budget becomes the Academy’s Annual Budget. The adopted budget will be effective for the fiscal year beginning September 1. Budget Amendments – The Superintendent or his designate and Finance Department will monitor all financial operations. A school district must amend the official budget before exceeding a functional expenditure category, i.e., instruction, administration, etc. in the total budget. The budget team will decide whether to proceed with the budget amendment and, if so, will then present the request to the Board of Trustees. If the Board decides a budget amendment is necessary, the amendment is adopted in resolution format and the necessary budgetary changes are then made. Planning – The budget process will be coordinated so as to identify major policy issues for the Board of Trustees by integrating it into the Board’s overall strategic planning process for the Academy. Reporting - Monthly financial reports will be prepared by the Finance Department and distributed to the Superintendent or his designate. Information obtained from financial reports and other operating reports is to be used by personnel to monitor and control the budget. Summary financial reports will be presented to the Board quarterly. IV. REVENUES MANAGEMENT A. REVENUE DESIGN PARAMETERS. The Academy will strive for the following optimum characteristics in its revenue system: • Simplicity - The Academy, where possible and without sacrificing accuracy, will strive to keep the revenue system simple in order to reduce costs, achieve transparency, and increase parent and citizen understanding of Academy revenue sources. • Certainty - A thorough knowledge and understanding of revenue sources increases the reliability of the revenue system. • Administration - The benefits of a revenue source will exceed the cost of administering that revenue. Every effort will be made for the cost of administration to be reviewed annually for cost effectiveness as a part of the indirect cost and cost of service analysis. • Equity - The Academy shall make every effort to maintain equity in its revenue system: i.e. the Academy shall seek to minimize or eliminate all forms of subsidization between entities. • Adequacy, Diversification and Stability – To the extent practical, the Academy shall attempt to achieve a balance in its revenue system. The Academy shall also strive to maintain a balanced and diversified revenue system to protect the Academy from fluctuations in any one source due to changes in local economic conditions which adversely impact that source. 117 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS B. REVENUE CLASSIFICANTION AND SOURCES. The revenues received by Westlake Academy are classified into one of three broad categories: Federal, State or Local and come from the following sources : • State Education funding • State and Federal Grants • General Donations – The Academy recognizes that private donations comprise a significant part of the Westlake Academy budget. All funds received will become part of the budget and be subject to appropriation for Academy general operations. o Westlake Academy Foundation o House of Commons o Westlake Academy Athletic Club o Local Merchants • Specific Purpose Donations – Funds donated for a specific purpose C. REVENUE MONITORING. Revenues as they are received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. V. EXPENDITURE CONTROL • Appropriations – The point of budgetary control is at the function level in the General Fund and Special Revenue Funds. When budget adjustments among functions are necessary, they must be approved by the Board of Trustees. • Current Funding Basis - The Academy shall operate on a current funding basis. Expenditures shall be budgeted and controlled so as not to exceed current revenues plus the planned use of fund balance accumulated through prior year savings. (The use of fund balance shall be guided by the Fund Balance/Retained Earnings Policy Statements.) • Avoidance of Operating Deficits - The Academy shall take immediate corrective actions if at any time during the fiscal year expenditure and revenue re-estimates are such that an operating deficit (i.e., projected expenditures in excess of projected revenues) is projected at year-end. Corrective actions can include a hiring freeze, expenditure reductions, or use of fund balance within the Fund. Use of fund balance must be recommended by the Superintendent and approved by the Board of Trustees.  Expenditure deferrals into the following fiscal year, short-term loans, or use of one- time revenue sources shall be avoided to balance the budget. • Periodic Program Reviews - The Superintendent or his designate shall undertake periodic staff and third-party reviews of Academy programs for both efficiency and effectiveness. Where appropriate, privatization and contracting with other governmental agencies will be evaluated as alternative approaches to service delivery. Service delivery which is determined to be inefficient and/or ineffective shall be reduced in scope or eliminated. • General and Administrative (G&A) Charges – To the extent practical, an annual analysis of G&A charges will be performed and funding allocated, if available. The purpose of determining the associated costs for G&A charges is to identify the full operational costs of the entity in question. The analysis shall involve an objective consideration of the service demands currently being met by municipal staff to support Academy operations and a determination of factors that will continue to affect and increase the time needed for the performance of these services. For example, new Academy staff requires additional support staff time to perform tasks related to insurance, payroll, etc. 118 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS Where feasible, G&A costs will be charged to all funds for services of indirect general overhead costs, which may include general administration, finance, facility use, personnel, technology, engineering, legal counsel, and other costs as deemed appropriate. If funding is not available, these costs will be shown below the line of the financial statement in the five-year financial forecast in order to promote transparency and provide the Board with a full cost accounting of services. The charges will be determined through an indirect cost allocation study following accepted practices and procedures. • Purchasing - The Academy shall make every effort to maximize any discounts offered by creditors/vendors. Staff shall also use purchasing cooperatives as well as competitive bidding in accordance with State law to attain the best possible price on goods and services. • Prompt Payment - All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. • Salary - The Academy shall strive to maintain competitive salary levels for faculty and staff. A salary survey will be conducted annually, sampling surrounding Independent School Districts and Charter Schools, to create a comparison. The Academy will strive to maintain salary levels within three percent (3%) of the median of surveyed schools. (Existing language) VI. FUND BALANCE • Fund Balance Reporting - The District shall report governmental fund balances per GASB 54 definitions in the balance sheet as follows: Nonspendable, Restricted, Committed, Assigned, and Unassigned. • General Fund Unassigned Fund Balance - The Academy shall strive to maintain the General Fund unassigned fund balance at 45 days of operation. • Use of Fund Balance - Fund Balance will be targeted to only be used with Board approval and can be only be used for the following: emergencies, non-recurring expenditures, such as technology/FF&E (furniture, fixtures and equipment), or major capital purchases that cannot be accommodated through current year savings. Should such use reduce the balance below the appropriate level set as the objective for that fund, recommendations will be made on how to restore it. The Board of Trustees shall approve all commitments by formal action. The action to commit funds must occur prior to fiscal year-end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. A commitment can only be modified or removed by the same formal action. The Board of Trustees delegates the responsibility to assign funds to the Superintendent or his/her designee. The Board of Trustees shall have the authority to assign any amount of funds. Assignments may occur subsequent to fiscal year-end. The Board of Trustees will utilize funds in the following spending order: Restricted, Committed, Assigned, Unassigned VII. INTERGOVERNMENTAL RELATIONSHIPS • Inter-local Cooperation in Delivering Services - In order to promote the effective and efficient delivery of services, the Academy shall actively seek to work with other local entities in joint purchasing consortium, sharing facilities, sharing equitably the costs of service delivery, and developing joint programs to improve service to its students. • Legislative Program - The Academy shall cooperate with other entities to actively oppose any state or federal regulation or proposal that mandates additional Academy programs or 119 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS services and does not provide the funding to implement them. Conversely, as appropriate, the Academy shall support legislative initiatives that provide additional funding. VIII. GRANTS • Grant Guidelines - The Academy shall apply, and facilitate the application by others, for only those grants that are consistent with the objectives and high priority needs previously identified by Academy Board of Trustees. The potential for incurring ongoing costs, to include the assumption of support for grant funded positions from local revenues, will be considered prior to applying for a grant. • Grant Review - All grant submittals shall be reviewed for their cash match requirements, their potential impact on the operating budget, and the extent to which they meet the Academy's policy objectives. If there are cash match requirements, the source of funding shall be identified prior to application. Staff will focus on one-time grants to avoid long-term implications related to additional expenditures in future years. • Grant Program Termination - The Academy shall terminate grant funded programs and associated positions when grant funds are no longer available unless alternate funding is identified and obtained. IX. FISCAL MONITORING • Financial Status and Performance Reports - Quarterly reports comparing expenditures and revenues to current budget, noting the status of fund balances to include dollar amounts and percentages, and outlining any remedial actions necessary to maintain the Academy's financial position shall be prepared for review by the Superintendent and the Board of Trustees. Student roster information will also be included in the quarter reports submitted to the Board of Trustees. • Compliance with Board Policy Statements - The Fiscal and Budgetary Policies will be reviewed annually by the Board of Trustees and updated, revised or refined as deemed necessary. Policy statements adopted by the Board of Trustees are guidelines, and occasionally, exceptions may be appropriate and required. However, exceptions to stated policies will be specifically identified, and the need for the exception will be documented and fully explained. X. FINANCIAL CONSULTANTS The Academy employs the assistance of qualified financial advisors and consultants as needed in the management and administration of the Academy's financial functions. These areas include but are not limited to investments, debt administration, financial accounting systems, program evaluation, and financial impact modeling. Advisors shall be selected on a competitive basis using objective questionnaires and requests for proposals based on the scope of the work to be performed. XI. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING The Academy strives to comply with prevailing local, state, and federal regulations relative to accounting, auditing, and financial reporting. Accounting practices and financial reporting shall conform to generally accepted accounting principles as promulgated by the Governmental Accounting Standards Board (GASB), the American Institute of Certified Public 120 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS Accountants, (AICPA), and the Government Finance Officers Association (GFOA). The Board shall select an independent firm of certified public accountants to perform an annual audit of all operations. Required Texas Education Agency (TEA) account coding will be used for all revenue and expenditure reporting. • Accounting - Currently, the Education Service Center (Region XI) books all revenues and expenditures, and prepares bank reconciliations. Academy staff is responsible for all coding and approval of expenditures and revenues. Documentation and coding of deposits are forwarded to the Town’s Finance Department for review and preparation of deposit slips. Town’s Finance Director and staff are responsible for review and transfer of invoices and other documentation to the Service Center for processing as well as the physical deposit of funds. It is the responsibility of the Superintendent or his designate and Academy staff to review the monthly reports for any discrepancies and report to the Town’s Finance Director for analysis and re-class of questioned bookings, if appropriate. • External Auditing - Academy will be audited annually by outside independent accountants (auditors). The auditors must be a CPA firm and must demonstrate significant experience in the field of local government auditing. They must conduct the Academy’s audit in accordance with generally accepted auditing standards. The auditors’ report on Academy’s financial statements will be completed within a timely period of the Academy’s fiscal year-end. The auditor will jointly review the management letter with the Academy Board of Trustees, if necessary. In conjunction with this review, the Finance Director shall respond in writing to the Academy Board of Trustees regarding the auditor’s Management Letter, addressing the issued contained therein. The Academy will not require auditor rotation, but will circulate request for proposal for audit services on a periodic basis as deemed appropriate. • Responsibility of Auditor to Academy Board of Trustees - The auditor is retained by and is accountable directly to the Academy Board of Trustees and will have access to direct communication with the Academy Board of Trustees if the Academy Staff is unresponsive to auditor recommendations or if the auditor considers such communication necessary to fulfill its legal and professional responsibilities. • Internal Financial Reporting - The Finance Department will prepare internal financial reports sufficient for management to plan, monitor, and control Academy’s financial affairs. XII. INTERNAL CONTROLS • Written Procedures - Whenever possible, written procedures will be established and maintained by the Finance Director and utilized by all Academy personnel for all functions involving purchasing, cash handling and/or accounting throughout the Academy. These procedures will embrace the general concepts of fiscal responsibility set forth in this policy statement. • Academy Staff Responsibilities - The Superintendent or his designate, in consultation with the Finance Director, will be responsible for ensuring that appropriate internal controls are followed throughout the Academy, that all directives or internal controls are implemented, and that all independent auditor internal control recommendations are addressed. Staff will develop and periodically update written internal control procedures. XIII. ASSET MANAGEMENT • Investments – The Finance Director shall promptly invest all Academy funds with the depository bank in accordance with the provisions of the current Bank Depository Agreement or in any negotiable instrument authorized by the Academy Board of Trustees. The Academy Board of Trustees has formally approved a separate Investment Policy for the Academy of Westlake that meets the requirements of the Public Funds Investment Act 121 TTOOWWNN OOFF WWEESSTTLLAAKKEE // WWEESSTTLLAAKKEE AACCAADDEEMMYY FFIISSCCAALL AANNDD BBUUDDGGEETTAARRYY PPOOLLIICCIIEESS (PFIA), Section 2256 of the Texas Local Government Code. The Academy’s investment practices will be conducted in accordance with this policy. The Finance Director will issue quarterly reports on investment activity to the Academy Board of Trustees. • Cash Management - Academy’s cash flow will be managed to maximize the cash available to invest. Such cash management will entail the centralization of cash collections, where feasible, including field trips, and other collection offices as appropriate. Periodic review of cash flow position will be performed to determine performance of cash management and conformance to investment policies. The underlying theme will be that idle cash will be invested with the intent to (1) safeguard assets, (2) maintain liquidity, and (3) maximize return. • Fixed Assets and Inventory - Such assets will be reasonably safeguarded and properly accounted for and prudently insured. The fixed asset inventory will be updated regularly. • Capital Assets – Currently all capital assets of Westlake Academy are owned and purchased by the Town of Westlake. In subsequent years, additional asset purchases may be paid with Westlake Academy funds. • Capitalization Criteria – For purposes of budgeting and accounting classification, the following criteria must be capitalized: o The asset is owned by the Westlake Academy o The expected useful life of the asset must be longer than one year, or extend the life on an identifiable existing asset by more than one year o The original cost of the asset must be at least $5,000 o The asset must be tangible o On-going repairs and general maintenance are not capitalized o New Purchases – All costs associated with bringing the asset into working order will be capitalized as a part of the asset cost. This includes startup costs, engineering or consultant type fees as part of the asset cost once the decision or commitment to purchase the asset is made. The cost of land acquired should include all related costs associated with its purchase o Improvements and Replacement – Improvement will be capitalized when they extend the original life of an asset or when they make the asset more valuable than it was originally. The replacement of assets components will normally be expenses unless they are a significant nature and meet all the capitalization criteria. • Computer System/Data Security – The Academy shall provide security of its computer/network system and data files through physical and logical security systems that will include, but are not limited to: network user authentications, firewalls, content filtering, spam/virus protection, and redundant data backup. 122 IINNVVEESSTTMMEENNTT PPOOLLIICCYY I. POLICY STATEMENT It is the policy of the Town of Westlake (the “Town") that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide the maximum security of principal invested through limitations and diversification while meeting the daily cash flow needs of the Town and conforming to all applicable state and Town statutes governing the investment of public funds. The receipt of a market rate of return will be secondary to the requirements for safety and liquidity. It is the intent of the Town to be in complete compliance with local law and the Texas Public Funds Investment Act (the "Act", Texas Government Code 2256). The earnings from investments will be used in a manner that best serves the public trust and interests of the Town. II. SCOPE This Investment Policy applies to all the financial assets and funds held of the Town. Any new funds created by the Town will be managed under the provisions of this Policy unless specifically exempted by the Town Council and this Policy. III. OBJECTIVES AND STRATEGY It is the policy of the Town that all funds shall be managed and invested with four primary objectives, listed in order of their priority: safety, liquidity, diversification and yield. These objectives encompass the following. • Safety of Principal - Safety of principal is the foremost objective of the Town. Investments shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. The suitability of each investment decision will be made on the basis of safety. •• Liquidity - TThhee TToowwnn''ss iinnvveessttmmeenntt ppoorrttffoolliioo wwiillll rreemmaaiinn ssuuffffiicciieennttllyy lliiqquuiidd ttoo eennaabbllee iitt ttoo mmeeeett aallll ooppeerraattiinngg rreeqquuiirreemmeennttss wwhhiicchh mmiigghhtt bbee rreeaassoonnaabbllyy aannttiicciippaatteedd.. IInnvveessttmmeenntt ddeecciissiioonnss wwiillll bbee bbaasseedd oonn ccaasshh ffllooww aannaallyyssiiss ooff aannttiicciippaatteedd eexxppeennddiittuurreess.. • Diversification - Diversification is required in the portfolio's composition. Diversification of the portfolio will include diversification by maturity and market sector and will include the use of a number of broker/dealers or banks for diversification and market coverage. Competitive bidding will be used on each sale or purchase. • Yield - The Town's investment portfolio shall be designed with the objective of attaining a reasonable market yield, taking into account the Town's risk constraints and cash flow needs. A reasonable market yield for the portfolio will be defined as the six month (180 day) U.S. Treasury Bill which compares to the portfolio's maximum weighted average maturity of six months. The authorized investment purchased will be of the highest credit quality and marketability supporting the objectives of safety and liquidity. Securities, when not matched to a specific liability, will be short term to provide adequate liquidity. The portfolio shall be diversified to protect against market and credit risk in any one sector. 123 IINNVVEESSTTMMEENNTT PPOOLLIICCYY The maximum weighted average maturity of the portfolio will be no more that 180 days and the maximum stated maturity of any security will not exceed two years. The funds are combined for investment purposes but the unique needs of all the funds in the portfolio are recognized and represented. Effective cash management is recognized as essential to good fiscal management. Cash management is defined as the process of managing monies in order to ensure maximum cash availability. The Town shall maintain a cash management program which includes timely collection of accounts receivable, prudent investment, disbursement of payments within invoice terms and the management of banking services. IV. LEGAL LIMITATIONS, RESPONSIBILITIES AND AUTHORITY Specific investment parameters for the investment of public funds in Texas are stipulated in the Public Funds Investment Act, Chapter 2256, Texas Government Code, (the "Act"). The Act is attached as Exhibit A. The Public Funds Collateral Act, Chapter 2257, Texas Government Code, specifies collateral requirements for all public funds deposits. The Collateral Act is attached as Exhibit B. The Interlocal Cooperation Act, Chapter 791, Texas Government Code, authorizes local governments in Texas to participate in a Texas investment pool established thereunder. V. DELEGATION OF INVESTMENT AUTHORITY The Finance Director, acting on behalf of the Council, is designated as the Investment Officer of the Town and is responsible for all investment management decisions and activities. The Council is responsible for considering the quality and capability of staff, investment advisors, and consultants involved in investment management and procedures. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officer shall develop and maintain written administrative procedures for the operation of the investment program which are consistent with this Investment Policy. Procedures will include safekeeping, wire transfers, banking services contracts, and other investment related activities. The Investment Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials and staff. The Investment Officer shall designate a staff person as a liaison/deputy in the event circumstances require timely action and the Investment Officer is not available. No officer or designee may engage in an investment transaction except as provided under the terms of this Policy and the procedures established by the Investment Officer and approved by the Town Manager. VI. PRUDENCE The standard of prudence to be used in the investment function shall be the "prudent person" standard and shall be applied in the context of managing the overall portfolio. 124 IINNVVEESSTTMMEENNTT PPOOLLIICCYY This standard states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the expected income to be derived." Limitation of Personal Liability - The Investment Officer and those delegated investment authority, when acting in accordance with the written procedures and this Policy and in accord with the Prudent Person Rule, shall be relieved of personal liability in the management of the portfolio provided that deviations from expectations for a specific security's credit risk or market price change are reported in a timely manner and that appropriate action is taken to control adverse market effects. VII. INTERNAL CONTROLS The Investment Officer shall establish a system of written internal controls which will be reviewed annually with the independent auditor of the Town. The controls shall be designed to prevent loss of public funds due to fraud, employee error, and misrepresentation by third parties, or imprudent actions by employees of the Town. VIII. AUTHORIZED INVESTMENTS Acceptable investments under this policy shall be limited to the instruments listed below. The choice of high-grade government investments and high-grade, money market instruments are designed to assure the marketability of those investments should liquidity needs arise. • Obligations of the United States Government, its agencies and instrumentalities, not to exceed two (2) years to stated maturity and excluding mortgage backed securities; • Fully insured or collateralized certificates of deposit from a bank doing business in the State of Texas and under the terms of a written depository agreement with that bank, not to exceed one year to stated maturity; • No-load, SEC registered money market mutual funds. No more than 80% of the entity's monthly average balance may be invested in money market funds • Public Funds interest bearing accounts; and • Constant dollar, AAA-rated Texas Local Government Investment Pools as defined by the Public Funds Investment Act. If additional types of securities are approved for investment by public funds by state statute, they will not be eligible for investment until this Policy has been amended and the amended version adopted by the Council. Delivery versus Payment - All investment security transactions shall be conducted on a delivery versus payment (DVP) basis to assure that the Town has control of its assets and/or funds at all times. 125 IINNVVEESSTTMMEENNTT PPOOLLIICCYY IX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS Securities broker/dealers may be primary or regional broker/dealers and will meet other criteria as determined by the Investment Officer including state registration and completion of a Town Broker/Dealer questionnaire (attached as Exhibit D). The following criteria must be met by authorized firms. • annual provision of an audited financial statement, • proof of certification by the National Association of Securities Dealers (NASD) • proof of current registration with the Texas State Securities Commission, and • completion of the Town's broker/dealer questionnaire. Every bank and broker/dealer with whom the Town transacts business will be provided a copy of this Investment Policy to assure that they are familiar with the goals and objectives of the investment program. The firm will be required to return a signed copy of the Certification Form (attached as Exhibit C) certifying that the Policy has been received and reviewed and only those securities approved by the Policy will be sold to the Town. X. DIVERSIFICATION AND MATURITY LIMITATIONS It is the policy of the Town to diversify its investment portfolio. Invested funds shall be diversified to minimize risk or loss resulting from over-concentration of assets in a specific maturity, specific issuer, or specific class of securities. Diversification strategies shall be established and periodically reviewed. XI. SAFEKEEPING AND COLLATERALIZATION The laws of the State and prudent treasury management require that all purchased securities be bought on a delivery versus payment (DVP) basis and be held in safekeeping by either an approved, independent third party financial institution or the Town's designated depository. Securities Owned by the Town - All safekeeping arrangements shall be approved by the Investment Officer and an agreement of the terms executed in writing. The safekeeping bank may not be within the same holding company as the bank from which the securities are purchased. The custodian shall be required to issue original safekeeping receipts to the Town listing each specific security, rate, description, maturity, CUSIP number, and other pertinent information. Collateral - Collateralization shall be required on all bank time and demand deposits for principal and accrued interest amounts over the FDIC insurance coverage of $100,000 (by tax identification number). In order to anticipate market changes and provide a level of additional security for all funds, collateral with a market value equal to 102% of the total deposits are required. The pledging bank will be made contractually liable for monitoring and maintaining the collateral levels at all times. All collateral will be held by an independent third party bank outside the holding company of the bank, pledged to the Town. Authorized collateral will include only: • Obligations of the US Government, its agencies and instrumentalities to include mortgage backed securities which pass the bank test, • Municipal obligations rated at least A by two nationally recognized rating agencies. • The custodian shall be required to provide original safekeeping receipts clearly marked that the security is pledged to the Town. 126 IINNVVEESSTTMMEENNTT PPOOLLIICCYY XII. REPORTING The Investment Officer shall submit quarterly reports to the Council containing sufficient information to permit an informed outside reader to evaluate the performance of the investment program and in full compliance with the Act. At a minimum the report shall contain: • Beginning and ending market value of the portfolio by market sector and total portfolio • Beginning and ending book value of the portfolio by market sector and total portfolio • Change in market value during the period • Detail on each asset (book, market, description, par ad maturity date) • Earnings for the period • Overall weighted average maturity of the portfolio The report will be prepared jointly by all involved in the investment activity and be signed by the Investment Officer. It will contain all elements as required by the Act and be signed by the Investment Officers as in compliance with the Act and this Policy. Market prices for assignment of market values will be obtained from an independent source. The three month Treasury Bill average yield for the reporting period will be reported as a gauge of performance and risk. XIII. DEPOSITORIES The Town will designate one banking institution through a competitive process as its central banking services provider at least every five years. This institution will be used for normal banking services including disbursements, deposits, and safekeeping of Town owned securities. Other banking institutions from which the Town may purchase only certificates of deposit will also be designated as a depository. All banking arrangements will be in written form in accordance with FIRREA which requires a resolution of approval of the agreement by the Bank Council or Bank Loan Committee. XIV. INVESTMENT POLICY ADOPTION BY COUNCIL The Town's Investment Policy and its incorporated strategies shall be adopted by resolution annually by the Council. 127 Ordinance 714 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 714 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REVISING THE BUDGET FOR THE 2012-2013 FISCAL YEAR; ADOPTING THE BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 INCLUDING INVESTMENT POLICY, FISCAL AND BUDGETARY POLICIES, RESTRICTED, COMMITTED AND ASSIGNED FUND BALANCES; PROVIDING AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000; PROVIDING THAT THE BUDGET TO BE K EPT IN CITY SECRETARY’S OFFICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public notice of a public hearing on the proposed annual budget, stating the date, time, and place and subject matter of the public hearing, was given as required by the laws of the State of Texas and ; and WHEREAS, a public hearing was duly held and all interested persons were given an opportunity to be heard for or against any item therein on September 16, 2013; and, WHEREAS, as required by Texas Local Government Code 102.002, the budget officer has prepared a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year; and, WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town Council hereby adopts the revised budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013 as shown in Exhibit “A.” SECTION 3: That the Town Council do es hereby approve the proposed Municipal Budget attached as Exhibit “A”, adopting the budget for the fiscal year beginning October 1, 2013 and ending September 30, 2014. SECTION 4: That the Town Council hereby gives the Town Manager authorization to approve any appropriated funds up to the amount of $25,000. Ordinance 714 Page 2 of 2 SECTION 5: That a copy of the official adopted 2013-2014 budget document shall be kept on file in the office of the Town Secretary. SECTION 6: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Ordinance without the invalid provision. SECTION 7: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 16TH DAY OF SEPTEMBER 2013. ATTEST: ________________________________ Laura L. Wheat, Mayor _______________________________ _________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, September 16, 2013 TOPIC: Consideration and discussion of an Ordinance Levying Municipal Ad Valorem (Property) Taxes for the 2013 Year in accordance with the Fiscal Year 2013-14 Proposed Budget. STAFF CONTACT: Tom Brymer, Town Manager Debbie Piper, Finance Director DECISION POINTS Start Date Completion Date Timeframe: October 1, 2013 September 30, 2014 Funding: Amount - $1,343,693 Status- Funded Source- Ad valorem Tax 0T Decision Alignment VVM Perspective Desired Outcome Service Excellence Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 5. Budget according to established service level provisions within departments. SA 05.1: Budget Preparation Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY On June 28, 2010 the Town Council set the residential homestead tax exemption at the maximum (20%) allowed by State law. There were also exemptions adopted by that earlier Resolution (which is restated and confirmed in the tax levy ordinance) for an exemption for people who are disabled or over 65 and an exemption for Freeport goods. In addition, there is a provision in the current Town Code for a “tax freeze” for people over 65 or who are disabled and have a Westlake residence homestead. This Town Code provision has been interpreted by the Town’s attorney to mean that a person who currently, as of this year, has a Westlake homestead residence and is over 65 or disabled prior to the date the tax levy is adopted will have a zero tax rate. That interpretat ion was presented and accepted by the Town Council. The ad valorem tax rate used in this proposed 2013-14 Budget and compared to the rates used for FY 2012-13 is as follows: FY 12-13 FY 13-14 Adopted Proposed Tax Rate Tax Rate Variance M&O $0.14197 $0.13888 $ 0.00362 I&S $0.01487 $0.01796 $ (0.00362) $0.15684 $0.15684 $ (0.00000) The proposed FY 13-14 tax rate of $.15684 is 2.5% less than the effective rate we are allowed to use by law of $.16070 per $100 of the assessed valuation. We have budgeted a total of $1,343,693 in the FY 2013-14 proposed budget. ORGANIZATIONAL HISTORY/RECOMMENDATION Recommend adoption of an ordinance levying a municipal ad valorem (property) tax totaling $0.15684 per $100 of assessed valuation. ATTACHMENTS Ordinance Ordinance 715 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 715 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS LEVYING TAXES TO BE ASSESSED ON ALL TAXABLE PROPERTIES WITHIN THE TOWN LIMITS OF THE TOWN OF WESTLAKE FOR THE TAX YEAR 2013 (FISCAL YEAR 2013-2014); SETTING OUT EXEM PTIONS AND LIMITATION; NO STATE LAW STATEMENTS REQUIRED; PROVIDING FOR THE COLLECTION OF DELINQUENT TAXES AND A COLLECTION PENALTY TO BE ADDED TO DELINQUENT TAXES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARAING AN EFFECTIVE DATE. WHEREAS, a public hearing on the proposed annual budget for the Town of Westlake, Texas, for the fiscal year beginning on October 1, 2013 and ending on September 30, 2014, was duly advertised giving the date, time, place and subject matter of the public hearing, and WHEREAS, a public hearing was set by the Town Council in a duly posted Town Council meeting on September 16, 2013, and all citizens were invited to participate and be heard; and WHEREAS, all requirements of state law were met, including Open Meetings Act, Texas Government Code chapter 551 requirements and the requirement of Texas Local Government Code 102.002 that the budget officer prepare a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year; and WHEREAS, it is deemed to be in the best interest of the citizens of the Town of Westlake, Texas to levy a tax as set forth below, on all taxable properties within the Town limits of Westlake in order to provide the necessary funds to provide municipal services to its citizens and to meet all municipal commitments; and WHEREAS, the Town of Westlake will not be raising more taxes for the 2013-2014 fiscal year than the amount that was raised for the 2012-2013 fiscal year; WHEREAS, the Town of Westlake has passed exemptions to certain applicable taxes which were previously adopted by earlier Resolution and recognized and adopted a tax limitation set out in the Town Municipal Code and such exemptions and limitation are included and adopted as part of this Ordinance; and WHEREAS, the Town Council finds the passage of this Ordinance to be in the best interest for the citizens of Westlake, for the preservation of public health, safety and welfare of the citizens of the Town. Ordinance 715 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town Council of the Town of Westlake, Texas shall hereby levy the following taxes on each One Hundred Dollars ($100.00) of taxable valuation on all taxable property within the Town limits of the Town of Westlake, Texas to be assessed and collected by the Tax Assessor / Collector for the tax year 2013 (Fiscal year 2013-2014) for the purposes stipulated below, to -wit: (a) For General Fund Maintenance and Operations (M&O) levied on $100.00 of taxable valuation: $0.13888 (b) For Interest and Sinking Fund (debt service) levied on $100.00 of taxable valuation: $0.01796 SECTION 3: Exemptions: That the Town Council authorizes the following exemptions and limitations: (a) Homestead exemption - That it is the intent of the Town Council of the Town of Westlake to adopt the highest possible homestead exemption, which would be a homestead exemption in the amount of twenty percent (20%) of the value of the homestead, and in any event, the exemption shall be at least a minimum of Five Thousand dollars ($5,000.00). For purposes of this section "residential homestead" is defined as a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with land, no to exceed ten (10) acres, and improvements used in the residential occupancy of the structure and the land and improvements have identical ownership) that (1) is owned by one or more individuals, either directly or through a beneficial interest is a qualifying trust; (2) is designed or adapted for a human residence; (3) is used as a residence; and (4) is occupied as his or her principal residence by an owner or, for property owned through a beneficial interest in a qualifying trust, by a trustee of the trust who qualifies for the exemption. (b) Over 65 or Disabled exemption - That an exemption for a resident over 65 or disabled, pursuant to section 11.13(b) of the Texas Tax Code shall be authorized in the amount of $10,000. A resident is eligible for an exemption under this section if the resident is over 65 or disabled, but the resident shall not be entitled to two exemptions under this section, as set out in section 11.13(b) of the Texas Tax Code. (c) The Town of Westlake previously adopted an ad valorem tax limitation in section 86-2 of the Town Code, for elderly and disabled citizens according to Article VIII, Section 1-b of the Texas Constitution and Texas Tax Code § 11.261, which provides “The county, municipality, or junior college district may not increase the total annual amount of ad valorem taxes the county, municipality, or junior college district imposes on the residence homestead of a disabled individual or an individual 65 years of age or older above the amount of the taxes the county, Ordinance 715 Page 3 of 4 municipality, or junior college district imposed on the residence homestead in the first tax year, other than a tax year preceding the tax year in which the county, municipality, or junior college district established the limitation described by Subsection (a), in which the individual qualified that residence homestead for the exemption pro vided by Section 11.13(c) for a disabled individual or an individual 65 years of age or older.” This provision, commonly referred to as a “tax freeze” means that residents who are already eligible for the provisions of that section will not have any increase in their taxes from the time that they became eligible, as citizens of Westlake, for that section. SECTION 4: State Law Required Statements: (A) Because the Town of Westlake will not be raising more taxes this year than were raised in the prior year, the state law statements that are required to be made when more taxes are raised are not applicable to the Town of Westlake for this upcoming fiscal year. (B) The tax rate for the upcoming fiscal year will remain the same at $0.15684 (M & O of $0.13888 and interest and sinking fund of $0.01796 totaling $0.15684). The taxes raised for maintenance and operations will be approximately $111,104 on a $100,000 home with a homestead exemption. SECTION 5: The Town of Westlake will pursue collection of delinquent taxes and adopts the provisions of Section 33.07 of the Texas Tax Code so that hereafter an additional penalty of Twenty (20) percent of the delinquent tax, penalty and interest on delinquent taxes will be imposed on taxes becoming delinquent as provided by the Texas Tax Code and the Town’s collection agreement . SECTION 6: If any portio n of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Ordinance without t he invalid provision. Ordinance 715 Page 4 of 4 SECTION 7: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 16th DAY OF SEPTEMBER 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, September 16 , 2013 TOPIC: Consider approval of Resolution Creating and Appointing a Comprehensive Plan Review and Update Steering Committee. STAFF CONTACT: Tom Brymer, Town Manager Decision Points Start Date Completion Date Timeframe: September 16, 2013 October 1, 2013 (estimated, completion date could change) Funding: Amount - $338,950 Status- Funded Source - General Fund . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF. Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A EXECUTIVE SUMMARY Reviewing and updating the Town’s existing 1992 Comprehensive Plan (Comp Plan) has been identified as a Town Council priority. The existing Comprehensive Plan has not had a thorough, holistic review for possible updating since it was adopted, with the exception of changes to the land use plan portion of the Comp Plan that were made to reflect previous zoning decisions. As Page 2 of 2 a point of comparison, in municipalities located in high growth areas like ours, it would be customary to perform a holistic review and update of the comprehensive plan at least once over a twenty (20) year time frame. At the August 26, 2013 Regular Meeting, the Town Council retained MESA Planning as the Planning Consultant to assist the Town in the review and update of its 1992 Comprehensive Plan It is important to note that this proposed review and update of the Town’s Comp Plan utilizes an extensive public participation component through the use of a task force/steering committee appointed by the Town Council. This public involvement process helps to attain transparency in the process of reviewing the plan and insures input from the community’s various stakeholder groups in the Comp Plan’s updated content. The Role of the Steering Committee: The Westlake Comprehensive Plan Steering Committee is a central link between the on-going work of the Planning Consultant and the public input that informs that work. The Steering Committee assures the Town that key public concerns are heard by the consultant and addressed in the process of plan formulation. As the planning moves toward finalization, adoption, and application, the Steering Committee emerges as a leadership that: • Speaks to adoption of the plan when brought to the Planning Commission and Council (as the product of a process of community participation) • Observes and advocates for application of the plan in the on-going decision processes of governance • Advises as to the meaning of the plan in areas where such understanding is needed (using their participation in the Plan Process as a basis for such clarification) Characteristics of the Steering Committee: Staff and our planning consultant recommend that the Town council recruit and appoint community members, land owners, residents, business people, and other key stakeholders across the Town to this Steering Committee. Further, they recommend that the size of the working group be no more than 12 persons, appointed to the Committee by the Council. It is also recommended that the Steering Committee have one chairperson. ORGANIZATIONAL HISTORY/RECOMMENDATION Recommend approval of this resolution and appointment of the Comprehensive Plan Steering Committee to work with the Town’s Planning Consultant to review and update the Town’s 1992 Comprehensive Plan. ATTACHMENTS 1. Resolution including Exhibit A which provides a description of the role and responsibilities of the Comprehensive Plan Steering Committee. Resolution 13-28 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 13-28 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORZING AN UPDATE OF THE COMPREHENSIVE PLAN AND THE APPOINTMENT OF REVIEW STEERING COMMITTEE. WHEREAS, the Town Council recognizes the importance of c itizen engagement and involvement as a critical component to the Town’s efforts to review and update its existing Comprehensive Plan; and, WHEREAS, the Westlake Town Council has identified as a priority the review and update of the 1992 Comprehensive Plan and has retained the services of a Planning Consultant to assist the Town’s efforts in the review process; and, WHEREAS, to provide for citizen engagement and involvement during this important process, the Town Council wishes to create and appoint a Comprehensive Plan Steering Committee to serve as a central link between the on-going work of the Planning Consultant and the public input that informs that work; and, WHEREAS, the Town Council intends for the Comprehensive Plan Steering Committee to represent a cross section of the Town of Westlake and, as such, the Committee will be constituted of stakeholders including land owners, residents, business people, and other key Town of Westlake stakeholders; and, WHEREAS, The Comprehensive Plan Steering Committee is intended to assure the Town that key public concerns are heard by the Planning Consultant and addressed in the process of plan review and formulation; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best int erest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That , all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That , the Town of Westlake Town Council, does hereby approve this resolution appointing the Comprehensive Plan Steering Committee, the membership to which will be as follows: INSERT NAMES OF STEERING COMMITTEE Resolution 13-28 Page 2 of 2 SECTION 3: That , the Town Council approves the attached Exhibit “A” as a part of this resolution providing a general description of the scope and duties of this Steering Committee as it works with the Town’s Planning Consultant on the update and review of the Town’s 1992 Comprehensive Plan. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 16TH DAY OF SEPTEMBER, 2013. ___________________________________ Laura Wheat , Mayor ATTEST: ________________________________ ___________________________________ Kelly Edwards, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Page 1 of 2 FORGING THE FUTURE: WESTLAKE COMPREHENSIVE PLAN UPDATE STEERING COMMITTEE JOB DESCRIPTION The Role of the Steering Committee: The Westlake Comprehensive Plan Steering Committee is a central link between the on-going work of the Planning Consultant and the Public Input that informs that work. The Steering Committee assures the City that key public concerns are heard by the consultant and addressed in the process of plan formulation. As the planning process moves toward finalization, adoption, and application; the Steering Committee emerges as a leadership that: • Speaks to adoption of the plan when brought to the Commission and Council (as the product of a process of community participation) • Observes and advocates for application of the plan in the on-going decision processes of governance • Advises as to the meaning of the plan in areas where such understanding is needed (using their participation in the Plan Process as a basis for such clarification) Characteristics of the Steering Committee: Efforts will be made to recruit community members, land owners, residents, business people, and other key stakeholders across the Town of Westlake. The size of the working group will be no more than 12 persons, appointed to the Steering Committee by the Town Council. The working group will have one chairperson. Responsibilities of the Steering Committee Member: In order to fulfill the above described role, each member of the Steering Committee is an active participant in the planning process with the following responsibilities: • Steering Committee members will be asked to speak in behalf of the Comprehensive Plan as it moves toward completion. • Steering Committee members will be asked to lead discussion groups during the public participation process • Steering Committee members will be asked to review materials to be presented to pubic workshops. • Steering Committee members will be asked to clarify public input received. • More specifically, members of the Steering Committee will: o Attend the Kick-off meeting with the consultant Planning Team to become familiar with the scope of work, the planning process, and the general materials that the plan must address. Page 2 of 2 o Attend three pre-public workshop work sessions to become familiar with the consultant’s work to date, review material to be presented at each of the public workshops, comment on the workshop materials, collaborate with the consultant as to the sequence of workshop events, understand the Committee Members’ role in each workshop, and strategize with the consultant as to how attendance can be maximized. o Attend each of the three public workshops, performing the following workshop activities:  Workshop #1: Goals and Objectives  Leading breakout group sessions and document key points of discussion on a flip chart  Presenting the key ideas, suggestions, comments, concerns identified during the break-out group to the full body of participants (assembled after the break-out group discussions are completed)  Help the Consultant team understand the input received  Workshop #2: Planning Framework  Same as above  Public Workshop #3: Putting It All Together (Town hall Session)  Monitor one of the Plan Component Stations (such as a land use station) set up for the public review as they walk among all stations  Answer questions posed by participants  Document further key inputs o Attend a post workshop/ pre-report submittal work session to review the final plan components, public input received at Workshop #3, and strategize regarding plan adoption o Attend Public Hearings during the process of plan consideration and adoption. Members of the Steering Committee will lead the presentation by introduction and closing statements. o Help launch/ establish a planning advisory committee that will be an on-going link between the plan process and plan application over time. Time Commitments: It is anticipated that a minimum of 20 hours will be devoted to meetings over the 9 month duration of the plan process. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Texas Student Housing vs. Brazos County Appraisal District and Appraisal Review Board for Brazos County Appraisal District Town of Westlake Item # 8 – Executive Session Town of Westlake Item # 9 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement off ers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Texas Student Housing vs. Brazos County Appraisal District and Appraisal Review Board for Brazos County Appraisal District Town of Westlake Item # 10 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #11 - Future Agenda Items COUNCIL CALENDAR  New WA Parents’ Reception September 19, 2013; 6:30-8:30 pm Home of Doug & Laura Wheat  Legislative Update Breakfast hosted by Northwest Metroport Chamber September 27, 2013; 7:30 – 9:00 am DFW Marriott Hotel & Golf Club at Championship Circle  Planning and Zoning Meeting September 30, 2013  WA Homecoming & Football Game October 4, 2013; time TBA  Board of Trustees Meeting October 7, 2013  Westlake Baja at Vaquero hosted by the WA Foundation October 15, 2013; 5:00 pm Vaquero Club  Westlake Annual Classic Car Show hosted by the WHPS October 19, 2013; 11:00 am – 4:00 pm (Awards at 3:00 pm) Solana Club Parking Lot  WA Monster Mash hosted by the WAHOC October 26, 2013; Details TBA  Town Council Meeting October 28, 2013 Town of Westlake Item # 12 – Council Calendar Town of Westlake Item # 13 – Adjournment Back up material has not been provided for this item.