HomeMy WebLinkAbout08-22-16 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Work Session but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
Page 1 of 6
TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AGENDA
August 22, 2016
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBER
WESTLAKE, TX 76262
Workshop Session: 5:15 p.m.
Regular Session: 6:30 p.m.
Page 2 of 6
Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA. (10 min)
4. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will no presentations associated with the report items) There will be no separate
discussion unless a Council Member requests that report be removed and considered
separately.
a. Report funding related to the replacement of the temporary fire station living
quarters and bay improvements located at 2900 Dove Road.
5. DISCUSSION ITEMS
a. Presentation and discussion regarding an amendment to Chapters 1 and 82 of
the Westlake Code of Ordinances amending Chapter 1, Section 1-2 by deleting
the definition of Preliminary Plat and adding the definition of Preliminary Site
Evaluation; amending Chapter 82 providing for Preliminary Site Evaluations and
providing standards for Preliminary Site Evaluations and plats.
b. Standing Item: Update and discussion regarding the Granada Development,
including items posted on the regular session agenda and the Covenants
Conditions Restrictions (CCR’s) and Design Standards. (10 min)
c. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art. (10 min)
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (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 this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
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a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- Quail Hollow
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
7. RECONVENE MEETING
8. COUNCIL RECAP / STAFF DIRECTION
9. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of
Community Interest pursuant to Texas Government Code Section 551.0415 the Town
Council may report on the following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3) recognition of individuals; (4)
reminders about upcoming Town Council events; (5) information about community
events; and (6) announcements involving imminent threat to public health and safety.
3. CITIZEN COMMENTS: 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.
4. 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 June 13, 2016, meeting.
b. Consider approval of the minutes from the August 10, 2016, meeting.
c. Consider approval of Resolution 16-27, Appointing and Reappointing Various
Affiliate and Planning & Zoning Commission Members.
Page 4 of 6
d. Consider approval of Resolution 16-28, approving all funding related to the
replacement of the temporary fire station living quarters and bay improvements
located at 2900 Dove Road.
e. Consider approval of Resolution 16-29, Entering into an agreement with Brown
Reynolds Watford (BRW) architects to provide professional services for concept
design of the Town of Westlake Fire Station & EMS and authorize Town Manager
to m ake funding changes not to exceed $25,000.00 on this project.
f. Consider approval of Resolution 16-30, Adopting an Economic Development
Incentive Policy.
g. Consider approval of Ordinance 787, Approving a Right-of-Way License
Agreement for a perimeter fence within Town of Westlake right of way along FM
1938 and Dove Road.
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 791,
APPROVING REPLAT AN APPROXIMATELY 2.616-ACRE PORTION OF PLANNED
DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED BY
ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE
HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA
BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE REPLAT
SHOWS BLOCK I, LOTS 1 AND 2X, AND BLOCK J, LOTS 11-16, 17X, 18X, AND
19X; THE PROPOSED LOTS ARE LOCATED NEAR THE INTERSECTION OF
SOLANA BOULEVARD, GRANADA TRAIL, AND CORTES DRIVE.
6. DISCUSSION AND CONSIDERATION OF ORDINANCE 788, ACCEPTING A
DONATION OF LAND AT THE NORTHWEST CORNER OF FM 1938 (DAVIS BLVD)
AND DOVE ROAD FOR A FIRE STATION AND OTHER MUNICIPAL USES,
AUTHORIZING THE TOWN MANAGER TO SIGN ALL NECESSARY DOCUMENTS
AND AGREEMENTS.
7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 789,
AMENDING CHAPTERS 1 AND 82 OF THE WESTLAKE CODE OF ORDINANCES
AMENDING CHAPTER 1, SECTION 1-2 BY DELETING THE DEFINITION OF
PRELIMINARY PLAT AND ADDING THE DEFINITION OF PRELIMINARY SITE
EVALUATION; AMENDING CHAPTER 82 PROVIDING FOR PRELIMINARY SITE
EVALUATIONS AND PROVIDING STANDARDS FOR PRELIMINARY SITE
EVALUATIONS AND PLATS.
8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 790,
ESTABLISHING, CREATING, AND DESIGNATING THE SITE SPECIFIC TOWN OF
WESTLAKE TAX REINVESTMENT ZONE 4 TO PROVIDE TOWN TAX ABATEMENT
INCENTIVES PER THE ECONOMIC DEVELOPMENT AGREEMENT APPROVED VIA
RESOLUTION 16-26 FOR THE PROJECT COMMONLY KNOWN AS THE CHARLES
SCHWAB & CO. WESTLAKE CORPORATE OFFICE CAMPUS.
9. DISCUSSION AND CONSIDERATION REGARDING RESOLUTION 16-31,
DESIGNATING A NEIGHBORHOOD EMPOWERMENT ZONE IN THE TOWN OF
WESTLAKE RELATED TO THE CHARLES SCHWAB & CO. CORPORATE OFFICE
CAMPUS SITE DESIGNATED FOR TAX REINVESTMENT ZONE #4.
Page 5 of 6
10. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (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 this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- Quail Hollow
- CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate
Charles Schwab & Co., Inc.
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
11. RECONVENE MEETING
12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
13. 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.
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14. 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, 1301 Solana Blvd.,
Building 4, Suite 4202, Westlake, TX 76262, August 18, 2016, 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.
The Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Work Session but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
Page 1 of 2
TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AMENDED AGENDA
August 22, 2016
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBER
WESTLAKE, TX 76262
Workshop Session: 5:15 p.m.
Regular Session: 6:30 p.m.
Page 2 of 2
Work Session
DISCUSSION ITEMS (item added)
a. Update and discussion regarding possible Town participation in Tarrant County
aerial mosquito spraying.
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, 1301 Solana Blvd.,
Building 4, Suite 4202, Westlake, TX 76262, August 19, 2016, by 4:30 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 Council
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas flag;
I pledge allegiance to
thee, Texas, one state
under God, one and
indivisible."
REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL
REGULAR MEETING AGENDA.
a. Consider approval of the minutes from the June 13, 2016, meeting.
b. Consider approval of the minutes from the August 10, 2016, meeting.
c. Consider approval of Resolution 16-27, Appointing and Reappointing Various
Affiliate and Planning & Zoning Commission Members.
d. Consider approval of Resolution 16-28, approving all funding related to the
replacement of the temporary fire station living quarters and bay improvements
located at 2900 Dove Road.
e. Consider approval of Resolution 16-29, Entering into an agreement with Brown
Reynolds Watford (BRW) architects to provide professional services for concept
design of the Town of Westlake Fire Station & EMS and authorize Town Manager to
m ake funding changes not to exceed $25,000.00 on this project.
f. Consider approval of Resolution 16-30, Adopting an Economic Development
Incentive Policy.
g. Consider approval of Ordinance 787, Approving a Right-of-Way License
Agreement for a perimeter fence within Town of Westlake right of way along FM
1938 and Dove Road.
Town Council
Item # 3 – Review of
Consent Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Report funding related to the replacement of the temporary fire station
living quarters and bay improvements located at 2900 Dove Road.
Town Council
Item # 4 – Reports
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Report showing all funding related to the replacement of the temporary
fire station living quarters and bay improvements located at 2900 Dove
Road.
STAFF CONTACT: Troy J. Meyer, Facilities Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 1, 2014 Completion Date: January 31, 2016
Funding Amount $286,071 Status - Not Funded Source - Multiple Sources - see
comments below
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On December 31 2014, the office/living quarters of the temporary fire station at 2900 Dove Road
were damaged by fire. The 70 X 30 model home was a total loss and subsequently removed.
Firefighters were relocated to a 37 foot camping trailer on the same site. The Town Council
approved to extend the remaining metal building to the west for office/living quarters on March
2, 2015.
In April of 2015 Centurion American was willing to donate the construction of the internal living
quarters inside the metal building, approximately 2,000 sq ft. This contributed cost was
estimated to be $82,000.
The Town’s insurance company (TML Risk Pool) made a determination that the temporary
building was a total loss with a replacement value of $80,622. The total payments from the
insurance proceed where $162,059 which included all contents and incidental expenditures.
Total Cost of Project
$ 286,071
Insurance Proceeds
(162,059)
In-kind Donations
(82,000)
** Town of Westlake expenditures (42,012)
$ -
** Transfer from FY 15/16 Fire Department
operating budget
$ 16,268
Additional exp. to upgrade station for safety
Vent hood
8,193
Sprinkler system
4,024
Bay heaters
5,631
Radio replacements
7,896
Sub-total additional improvements 25,744
Total Town of Westlake expenditures $ 42,012
The final cost of the project is $286,071 which was funded by the General Maintenance &
Replacement Fund, insurance proceeds, donations and the General Fund Department 14 (Fire
Department).
There were key safety items (vent hood, sprinkler system in bays and radio replacements) not
covered by the insurance proceeds because they were not in the temporary living quarter or the
three bays prior to the fire. These items where added to ensure the safety of the firefighters and
to protect the new facilities and caused the project to go over budget by $42,012. Funding for
the overage was offset by the GMR fund and a reduction of the Fire Department’s current FY
2015-16 operating budget in the General Fund.
Staff is proposing the approval of a resolution showing all funding related to the replacement of
the temporary fire station living quarters and bay improvements located at 2900 Dove Road at
the Ausust 22, 20016 meeting.
RECOMMENDATION
Staff recommends the approval of all funding related to the replacement of the temporary fire
station living quarters and bay improvements located at 2900 Dove Road.
DISCUSSION ITEMS
a. Presentation and discussion regarding an amendment to Chapters 1 and 82 of
the Westlake Code of Ordinances amending Chapter 1, Section 1-2 by deleting
the definition of Preliminary Plat and adding the definition of Preliminary Site
Evaluation; amending Chapter 82 providing for Preliminary Site Evaluations and
providing standards for Preliminary Site Evaluations and plats.
b. Standing Item: Update and discussion regarding the Granada Development,
including items posted on the regular session agenda and the Covenants
Conditions Restrictions (CCR’s) and Design Standards. (10 min)
c. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art. (10 min)
Town Council
Item # 5 – Discussion
Items
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Monday, August 22, 2016
TOPIC: Discussion regarding an amendment to Chapters 1 and 82 of the Westlake
Code of Ordinances amending Chapter 1, Section 1-2 by deleting the
definition of Preliminary Plat and adding the definition of Preliminary Site
Evaluation; amending chapter 82 providing for Preliminary Site
Evaluations and providing standards for Preliminary Site Evaluations and
plats.
STAFF CONTACT: Rick Chaffin, Acting Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Update Development Regulations
Time Line - Start Date: August 1, 2016 Completion Date: August 22, 2016
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This proposed amendment to the Westlake Code of Ordinances replaces the Preliminary Plat
with the Preliminary Site Evaluation. Currently, Town Council approves a Preliminary Plat
before land developer can commence construction of public improvements (water lines, sewer
lines, roads, etc.). Once all improvements are constructed and accepted by the Town, the
developer may submit a Final Plat for review and approval.
Like a Preliminary Plat, the Preliminary Site Evaluation demonstrates to the Town how a
development will connect to and be served by public and private utilities, where streets will be
located, points of ingress/egress, rights-of-way, and other information vital for safe, high quality
development.
The Preliminary Site Evaluation is a development tool that includes all of the technical
requirements associated with a Preliminary Plat, but with a key difference. Pursuant to §
212.009 of the Texas Local Government Code, a municipality must approve or deny a
Preliminary Plat request within 30 days of a complete application submittal. There are no
statutory time limits related to a Preliminary Site Evaluation. Town Staff feels this distinction
allows for the most thorough review possible in order to hold Westlake development to a higher
standard. Most reviews will still be completed within 30 days and Staff will continue to process
and review development related applications as expeditiously as possible. However, the
Preliminary Site Evaluation allows for greater flexibility in cases where a longer review time is
required or where an applicant does not complete requested revisions in a timely manner.
The proposed amendments do not change review, approval, or notification procedures. The only
substantive proposed change involves the requirement of a Preliminary Site Evaluation in lieu of
a Preliminary Plat. Staff have also included minor word changes and clarifications in order to
clean up ambiguous and/or outdated language related to plats.
RECOMMENDATION
Staff recommends approval of the proposed amendments.
ATTACHMENTS
1. Proposed revised ordinance.
Ordinance XXX
Page 1 of 20
TOWN OF WESTLAKE
ORDINANCE XXX
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER
1, SECTION 1-2 BY DELETING THE DEFINITION OF PRELIMINARY PLAT AND
ADDING THE DEFINITION OF SITE EVALUATION; AMENDING CHAPTER 82
PROVIDING FOR PRELIMINARY SITE EVALUATIONS AND PROVIDING
STANDARDS FOR PRELIMINARY SITE EVALUATIONS AND PLATS; PROVIDING
FOR REQUIREMENTS; PROVIDING FOR APPROVAL OR DENIAL; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the “Town”) is a General Law Municipality
located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the Town Council of Westlake, Texas, finds that preliminary site
evaluations and plats and standards and requirements for preliminary site evaluations and plats
are required for orderly development; and
WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact this
ordinance providing for preliminary site evaluations and plats within the corporate limits of the
Town.
WHEREAS, 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 the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That, the Town hereby adopts the following amendments to sections 1-2;
and section 82-34, 82-35, 82-36 and 82-37 to read as follows:
That Section 1-2 “Definitions” the definition of “Preliminary plat” is deleted and that the
following definitions are added:
Ordinance XXX
Page 2 of 20
Preliminary site evaluation. The words "preliminary site evaluation" shall mean the
preliminary drawing or drawings, described in this Code, indicating the proposed manner
or layout of the subdivision or addition to be submitted to the town for approval.
Record drawings. The words “record drawings” or “as-built drawings” shall mean
drawings which reflect all changes made in the specifications and working drawings
during the construction process, and show the exact dimensions, geometry, and location
of all elements of the work completed under the contract, including "record drawings" of
the construction plans for all water, wastewater, drainage and paving facilities and any
other public improvements required to serve the subdivision. Also called as-built
drawings or just as-builts.
Sec. 82-34. -Conference.
Prior to the filing of a preliminary site evaluation, the subdivider shall meet with the
town engineer or designated representative for familiarization with the town's
development regulations and the relationship of the proposed subdivision to the town's
Comprehensive Plan. At the meeting, the general character of the development may be
discussed, and items may be included concerning zoning, the availability of existing
utility service and demand for new utility service, street requirements, and other pertinent
factors related to the proposed subdivision. At this meeting, the town engineer shall
classify the subdivision application as either major or minor and direct the applicant to
the appropriate procedures. At the conference, the subdivider may be represented by
his/her land planner, engineer, or surveyor.
Sec. 82-35. - Procedure for preliminary site evaluation approval.
(a) Purpose and applicability
(1) Purpose. The purpose of the preliminary site evaluation is to allow evaluation of
the proposed development for conformity with requirements, plans, policies and
conditions prior to the submission of the plat.
(2) Applicability. A preliminary site evaluation is required for all major subdivisions
prior to the construction of improvements. A preliminary site evaluation shall be labeled
“Preliminary Site Evaluation.” A preliminary site evaluation is not a preliminary or final
plat. It is a development tool for the benefit of the landowner and the Town to allow the
Town and land owner to work together cooperatively. The time limits applicable to plats
do not apply to a preliminary site evaluation. Any reference to a “preliminary plat” in the
Westlake ordinances shall be understood to mean preliminary site evaluation.
(b) Application procedure and requirements; preliminary site evaluation. Following
the pre-application conference, the applicant may file for approval of a preliminary site
evaluation. The preliminary site evaluation shall be prepared by or under the supervision
Ordinance XXX
Page 3 of 20
of a registered professional land surveyor or engineer in the state and shall bear his/her
seal, signature and date on each sheet.
(1) General application contents. A minimum of five paper copies and one digital
copy of the proposed preliminary site evaluation shall be prepared at a scale of one inch
equals 100 feet or larger using the town's base mapping, and in a form substantially as
follows and submitted to the town engineer: If necessary, staff may request additional
paper copies.
a. The proposed preliminary site evaluation shall be submitted on sheets a maximum
size of 24 inches by 36 inches and drawn to a scale of 100 feet to the inch. Subsequent
phases of a master plat may be drawn at a scale of one inch to 400 feet.
b. The boundary lines with distances and bearings and the approximate location and
width of all existing or recorded streets intersecting the boundary of the tract.
c. Close bearings and distances to the nearest established survey monuments and
established subdivisions, which shall be accurately described on the plat.
d. Approximate ties to the abstract and survey corners as required by state surveying
law and the amount of acreage in each abstract shown.
e. The preliminary layout showing:
1. Proposed rights-of-way widths for streets with names, sidewalks, easements,
blocks, parks, etc., with principal dimensions.
2. The length of all arcs, radii, internal angles, points of curvature, length, and
bearings of the tangents.
3. All easements for rights-of-way provided for public services or utilities and any
limitations of the easements.
4. All lot numbers and lines with dimensions in feet and hundredths of feet and with
bearings and angles to street lines.
5. The location of all existing property lines, buildings, sewer or water mains, fire
hydrants, gas mains or other underground structures, easements of record or other
existing features within the area proposed for subdivision.
6. A designation of the proposed uses of the land within the subdivision and any
zoning amendments requested.
7. All physical features of the property to be subdivided, including location and size
of all watercourses, ravines, bridges, culverts, existing structures, drainage area in acres
Ordinance XXX
Page 4 of 20
or acreage draining into subdivisions, and other features pertinent to subdivision. The
outline of wooded areas or the location of important individual trees are required.
8. The angle of intersection of the centerlines of all intersecting streets which are
intended to be less than 90 degrees.
9. The preliminary location, material, and size of all monuments approved by the
town engineer.
10. The outline of all property which is proposed for dedication for public use with
the purpose indicated thereon, and of all property that may be reserved by deed covenant
for the common use of the property owners in the subdivision or addition.
11. The name and location of a portion of adjoining subdivisions shall be drawn to the
same scale and shown in dotted lines adjacent to the tract proposed for subdivision in
sufficient detail to show accurately the existing streets and other features that may
influence the layout and development of the proposed subdivision. Where adjacent land
is not subdivided, the owner's name of the adjacent tract shall be shown.
12. In cases where a subdivision contains or abuts a school, park or playground site,
provision of access such as may be required by these subdivision regulations.
13. Front setback lines.
14. Special restrictions including, but not limited to, water line, wastewater line and
drainage easements; fire lanes; screening; and such other requirements for standard notes
as may be contained in the town's Engineering Standards.
15. Contours at five-foot intervals, except on terrain with less than two percent grade
in which event contours at two-foot intervals are required.
16. Proposed name of the subdivision or addition.
17. Name, address and phone number of the property owner and the name of the
engineer or surveyor who prepared the plat.
18. North arrow, scale, site location map and date.
19. The location of flood hazard areas or a statement as to the lack thereof, and a
statement indicating the source of the flood hazard information.
20. Boundary survey closure and area calculations.
21. A notation in the legend labeling the document "Preliminary Site Evaluation" and
identifying the scale.
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22. The preliminary location and size of all proposed utilities, including water,
sanitary sewer, storm sewer and drainage facilities.
23. The preliminary location and size of all proposed utilities and duct banks.
24. The location of all proposed public and private streets and information indicating
the material and width of the streets and rights-of-way.
25. A phasing plan indicating the phase lines of all land to be platted in phases by
separate final plats. A request for a phasing plan shall be subject to the approval of the
Town Council.
(2) Application fee receipt. A receipt shall also be submitted with the preliminary site
evaluation showing that the application fees as prescribed by the fee schedule in effect at
the time have been paid.
(c) Distribution, hearing and review.
(1) Distribution of copies. The preliminary site evaluations and any other required
documents shall be distributed by the town staff.
Written comments from outside utilities or others are due at least six working days
prior to the meeting of the planning and zoning commission at which the preliminary site
evaluation is to be considered.
(2) Written report. A written report reviewing the proposed subdivision shall be
prepared by the town engineer, with a copy provided to the applicant three days before
the planning and zoning commission's hearing, incorporating the comments of the town
engineer and other officials and agencies to whom a request for review has been made,
and generally reviewing the application, and submitted to the planning and zoning
commission prior to the public hearing on the subdivision preliminary site evaluation
application.
(d) Standards for approval for preliminary site evaluation. No preliminary site
evaluation shall be recommended or approved by the town engineer, planning and zoning
commission or Town Council unless the following standards have been met:
(1) Provision for adequacy, pursuant to article III of this chapter, installation and
dedication of public improvements has been made.
(2) The preliminary site evaluation conforms generally to the goals and policies of the
town Comprehensive Plan and the Thoroughfare Plan incorporated therein.
(3) The preliminary site evaluation meets all other requirements of this chapter.
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(4) The preliminary site evaluation is consistent with an approved or submitted
concept plan or development plan where applicable.
(e) Approval procedure.
(1) Planning and zoning commission decisions. Following review of the preliminary
site evaluation and other materials submitted for conformity thereof to these regulations,
the planning and zoning commission shall recommend only approval as submitted,
approval with conditions or denial of the submitted preliminary site evaluation.
a. Recommended approval. Preliminary site evaluation recommended for approval
or conditional approval shall be filed for hearing by the Town Council.
b. Recommended denial. Preliminary site evaluation not recommended for approval
may be processed, at the option of the applicant, in one of the two following ways:
1. The preliminary site evaluation may be revised in accordance with the
recommendations of the planning and zoning commission and refiled for reconsideration
at a regularly scheduled planning and zoning commission meeting; or
2. The preliminary site evaluation recommended for denial may be filed for hearing
at a regularly scheduled Town Council meeting.
(2) Recording of commission action. The action of the planning and zoning
commission shall be noted on two copies of the preliminary site evaluation, referenced
and attached to any conditions determined. One copy shall be returned to the subdivider
or developer and the other retained in the files of the town staff. A notation of the action
taken on each preliminary site evaluation and requisite reasons therefor shall be entered
in the minutes of the planning and zoning commission.
(3) Forward preliminary site evaluation to Town Council. The town engineer shall
submit the preliminary site evaluation with the recommendations established by the
planning and zoning commission to the Town Council for their consideration, with a
copy provided to the applicant. Seven additional copies of the preliminary site evaluation
should be submitted to the Town Council through the town engineer not less than 15 days
prior to the Council meeting at which consideration is desired.
(4) Town Council consideration of preliminary site evaluation. After review of the
preliminary site evaluation, any and all reports and recommendations as submitted
pursuant to these regulations, and any exhibits submitted at the public hearing, the Town
Council shall approve or deny the preliminary site evaluation. The action of the Town
Council shall be noted on two copies of the preliminary site evaluation. One copy shall be
returned to the subdivider or developer and the other retained in the town files.
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(f) Effect of decision. Approval of a preliminary site evaluation authorizes the
property owner, upon fulfillment of all requirements and conditions of approval, to
submit an application for final plat approval. Approval of a preliminary site evaluation by
the Town Council also constitutes authorization for the town engineer to release
construction plans following his/her review and final approval. Upon release of the
construction plans, the town engineer shall issue a certificate indicating the construction
plans have been released and construction of the public improvements are thereafter
authorized and that grading by the property owner may commence. Additional
certificates may be issued by the town engineer authorizing the construction of private
utilities or facilities on a phased schedule, subject to permit standards otherwise
applicable.
Conditional approval of the preliminary site evaluation by the Town Council ,
however, shall not constitute approval of the final plat.
(g) Amendments to preliminary site evaluation.
(1) Major and minor amendments. At any time following the approval of a
preliminary site evaluation and before lapse of the approval, a property owner may
request an amendment to the approved preliminary site evaluation. All amendments must
conform to the zoning requirements for that property. The requested amendment shall be
classified as a major amendment or minor amendment according to the following criteria:
a. Major amendments include the rerouting of streets, rights-of-way or utility
easements or utility locations, addition or deletion of alleys, or addition or deletion of
more than ten percent of the approved number of lots. Amendments must conform to the
zoning requirements for the property.
b. Minor amendments include the adjustment of street and alley alignments, rights-
of-way or utility easements or utility locations, lengths, and paving details, the addition or
deletion of lots within ten percent of the approved number, and the adjustment of lot
lines; provided that all amendments shall conform to the zoning requirements for the
property.
c. The town engineer may approve or disapprove a minor amendment. Disapproval
may be appealed to the Planning and Zoning Commission and Town Council. Major
amendments may be approved by the Planning and Zoning Commission and the Town
Council at a public meeting in accordance with the same requirements for the approval of
a preliminary site evaluation.
(2) Approval of amendments. The planning and zoning commission shall recommend
and the Town Council shall approve, conditionally approve or disapprove any proposed
Ordinance XXX
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major amendment and may make any modifications in the terms and conditions of
preliminary site evaluation approval reasonably related to the proposed amendment.
(3) Retaining previous approval. If the applicant is unwilling to accept the proposed
amendment under the terms and conditions required by the town, the applicant may
withdraw the proposed amendment and the project as originally submitted will retain the
previous approval.
(h) Lapse of approval, extension and reinstatement procedure.
(1) Lapse of preliminary site evaluation approval. A preliminary site evaluation
expires two years from the date of approval by Town Council, and shall not be extended
by any subsequent approval of any major amendments or minor amendments and such
preliminary site evaluation shall be null and void thereafter, unless a final plat application
for the area depicted in the preliminary site evaluation has been filed with the town unless
an extension has been requested within the two-year period and approved by Town
Council. Thereafter, the applicant shall be required to submit a new preliminary site
evaluation subject to the then-existing subdivision regulations.
(2) Petition for extension or reinstatement of approval. Prior to the lapse of approval
for preliminary site evaluation as provided in these regulations, the property owner may
petition the Town Council to extend or reinstate the approval. The petition shall be
considered at a public meeting of the Town Council.
(3) Decision by the planning and zoning commission. In determining whether to grant
the request, the Town Council shall take into account the reasons for lapse, the ability of
the property owner to comply with any conditions attached to the original approval and
the extent to which newly adopted subdivision regulations shall apply to the preliminary
site evaluation or study. The Town Council shall either extend or reinstate the
preliminary site evaluation, or it shall deny the request, in which instance the property
owner must submit a new application for approval.
(4) Length of time for extended or reinstated preliminary site evaluation. The Town
Council may specify a shorter time for lapse of the extended or reinstated preliminary site
evaluation than is applicable to original approvals.
Sec. 82-36. - Procedure for final plat approval.
(a) Purpose and applicability.
(1) Purpose. The purpose of a final plat is to enable recording of the subdivision of
property that includes the elements specified in V.T.C.A., Local Government Code §
212.004, and which complies with the requirements of V.T.C.A., Local Government
Code § 212.010.
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(2) Applicability. A final plat shall be required for all subdivisions of property
provided for in V.T.C.A., Local Government Code § 212.004.
(3) Preliminary site evaluation requirement. Unless otherwise provided by the UDC,
all final plats shall be prepared in accordance with an approved preliminary site
evaluation. A final plat may constitute a portion of the total area of the preliminary site
evaluation if a phasing plan has been included on the approved preliminary site
evaluation provided that any final plat shall include all phases that have received previous
final plat approval. The phasing plan shall include the entire area that was the subject of
the preliminary site evaluation.
(b) Timing of public improvements.
(1) Public improvements prior to signing plat. The Town Council may require that all
public improvements be constructed, offered for dedication and accepted by the town
prior to the signing of the final plat. The Town Council may permit the deferral of the
construction of public improvements if in its judgment deferring the construction would
not result in any harm to the public, or would offer significant advantage in coordinating
the site's development with adjacent properties and off-site public improvements. Any
required public improvement approved for deferred construction must be provided for as
required in article III of this chapter prior to approval of the final plat.
(2) If public improvements are not completed. If the Town Council does not require
that all public improvements be installed, offered for dedication and accepted by the town
prior to signing of the final plat by the presiding officer, it shall require the applicant to
execute a subdivision improvement agreement and provide security for the agreement as
provided in section 82-61.
(3) Where no preliminary site evaluation is required. This procedure shall also apply
to the approval of a final plat if the preliminary site evaluation is not required.
(c) Submittal requirements. A minimum of five paper copies and a digital copy of the
final plat. together with a computer file of the final plat on media as specified by the
town engineer in either autocad, DXF format or other format, and three sets of
engineering plans shall be submitted to the town engineer at least 15 days prior to the
meeting at which consideration is desired. More paper copies may be required by staff.
This plat shall be submitted at a scale of 100 feet to one inch (for small subdivisions, at a
scale of 50 feet to one inch) and the final plat shall show or be accompanied by the
following information:
(1) The name of the owner and/or subdivider and of the surveyor responsible for the
plat and the following language:
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"Notice: Selling a portion of this addition by metes and bounds is a violation of the
town ordinance and state law and is subject to fines and withholding of utilities and
building permits."
(2) The name of the subdivision and adjacent subdivisions, the names of streets (to
conform wherever possible to existing street names) and number of lots and blocks, in
accordance with a systematic arrangement.
(3) An accurate boundary survey of the property, with bearings and distances,
referenced to survey lines and established subdivisions, and showing the lines of adjacent
lands and the lines of adjacent streets, with their width and names. Street and lot lines in
adjacent subdivisions shall be shown in dashed lines.
(4) Location of proposed lots, streets, public highways, parks and other features, with
accurate dimensions in feet and decimal fractions of feet, with the length of radii and of
arcs of all curves, all angles, and with all other engineering information necessary to
reproduce the plat on the ground. Dimensions shall be shown from all angle points.
Contours, with an interval of two feet or less as governed by the topography, shall be
submitted on a separate sheet and shall be at the same scale as the plat. All elevations
shown shall be referred to town datum. All lots on building sites shall conform to the
minimum standards for the area, width and depth prescribed by chapter 102 for the
district or districts in which the subdivision is located.
(5) The location of building lines on front and side streets and the location of utility
easements.
(6) An instrument of dedication signed and acknowledged by the owner or owners
and by all other persons who have a mortgage or lien interest in the property, showing all
restrictions, reservations and/or easements, if any, to be imposed and reserved in
connection with the addition.
(7) A certificate of dedication incorporating irrevocable offers of dedication to the
public of all streets, public highways, public facilities, parks and other land intended for
public use, signed by the owner or owners and by all other persons who have a mortgage
or lien interest in the property. The certificate of dedication shall incorporate the standard
easement language of the town as jointly prepared by the town attorney and the town
engineer. The plat shall be marked with a notation indicating the formal offers of
dedication. All deed restrictions required by this chapter or agreed to be filed with the
plat shall be submitted with the final plat.
(8) Receipt showing that all taxes are paid.
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(9) Certification by a surveyor, duly licensed by the state, to the effect that the plan
represents a survey made by him/her, and that all the necessary survey monuments are
correctly shown thereon, in accordance with section 82-8.
(10) The following certificates shall be placed on the plat in a manner that will
allow them to be clearly visible on the final plat:
APPROVED BY THE TOWN OF WESTLAKE, TEXAS,
on the ____________/____________/____________ day of ____________
20____________.
ATTEST:
_____
Town Secretary
_____
Presiding Officer
(11) Final plats shall be accompanied by two paper sets of record drawings and
a digital copy of said record drawings. Additional requirements pursuant to a subdivision
improvement agreement under Article 3 of this chapter shall also be met.
(12) Final plats shall be accompanied by a lot grading plan drawn at a scale of
100 feet to one inch in accordance with the town's Engineering Standards.
(13) When more than one sheet is used for a plat, a key map showing the entire
subdivision at smaller scale with block numbers and street names shall be shown on one
of the sheets or on a separate sheet of the same size.
(14) The subdivision improvement agreement and security, if required, in a
form satisfactory to the town attorney and in accordance with Article 3 of this chapter,
and shall include a provision that the property owner shall comply with all the terms of
the final plat approval as determined by the Town Council.
(15) A plat fee, together with other authorized fees applicable to the
development, in accordance with the fee schedule applicable at the time of plat filling.
(16) Certification by a surveyor to the effect that the plat represents a survey
made by him/her and that all the monuments shown thereon actually exist, and that their
location, size, and material description are correctly shown, and that the survey correctly
shows the location of all visible easements and all rights-of-way, easements and other
matters of record affecting the property being platted.
(17) Boundary survey closure and area calculations.
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(18) Protective covenants (deed restrictions) whereby the subdivider proposes
to regulate land use or development standards in the subdivision.
(19) The accurate location, material, and size of all monuments approved by
the town engineer. For subdivisions larger than 30 acres, global positioning systems
(GPS) shall be used to establish the location of a minimum of two corners of the
subdivision or addition. The establishing of the location of one additional monument by
global positioning systems may be required for each additional 20 acres or fraction
thereof for developments that are larger than 50 acres. These monuments shall be tied
vertically and horizontally to the town's existing global positioning systems coordinate
system. All global positioning system coordinates shall be determined such that the
maximum error does not exceed 0.1 feet. Elevations and the location of all other
subdivision corner monuments shall be established to at least third order accuracy.
(20) Title information. Each plat submitted for preliminary site evaluation shall
be accompanied by a certificate or letter from a title guaranty company or title attorney
indicating a current search and certifying to at least the following concerning title to the
land:
a. Name of the fee owner as of the date of examination and the date, file number,
volume and page of the recording of the deed involved.
b. The name, file number, date of filing and volume and page of any lien-holders.
c. A general description of any existing easements or fee strips granted, along with
the file number, date of filing, and volume and page of recording.
(21) That all residential final plats contain the following owner's dedication
language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT [Name of Property Owner(s)] DO HEREBY ADOPT THIS PLAT,
DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS [Name of
Subdivision] , AN ADDITION TO THE TOWN OF WESTLAKE, [TARRANT or
DENTON] COUNTY, TEXAS. THE EASEMENTS THEREON ARE HEREBY
RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE
EASEMENTS SHALL BE HELD IN TRUST FOR THE PUBLIC BY THE TOWN,
AND AS APPLICABLE, OPEN TO FIRE AND POLICE UNITS, GARBAGE AND
RUBBISH COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE
UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR
THE USE OF A PARTICULAR EASEMENT OR THE PUBLIC. THE
MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND
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FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED,
RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS
AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED FOR MUTUAL
USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES SPECIFICALLY
APPROVED BY THE TOWN OF WESTLAKE. ANY PUBLIC UTILITY
SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE TO USE A
PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP
REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR
OTHER IMPROVEMENTS OR GROWTHS WITHIN THE EASEMENT OR RIGHT-
OF-WAY WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE
CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM ON THE
EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL
RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING,
PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART
OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES, RULES,
REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS.
THE TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE
THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE
PURPOSE OF READING METERS, MAINTENANCE AND SERVICE REQUIRED
OR ORDINARILY PERFORMED BY THAT UTILITY.
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE
ADDITIONAL AREA OF WORKING SPACE FOR CONSTRUCTION AND
MAINTENANCE OF THE SYSTEMS. ADDITIONAL AREA IS ALSO CONVEYED
FOR INSTALLATION AND MAINTENANCE OF MANHOLES, CLEANOUTS, FIRE
HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE
MAIN TO THE CURB OR PAVEMENT LINE. DESCRIPTION OF THESE
ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE DETERMINED BY
THEIR LOCATION AS INSTALLED.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS.
WITNESS MY HAND THIS THE ____________ DAY OF ____________,
____________.
By:
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Page 14 of 20
[Name of Property Owner(s)]
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of
Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATIONS THEREIN EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
All nonresidential final plats shall contain the following owner's dedication language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT ____________, DO HEREBY ADOPT THIS PLAT, DESIGNATING THE
HEREIN ABOVE DESCRIBED PROPERTY AS ____________, AN ADDITION TO
THE TOWN OF WESTLAKE, [TARRANT or DENTON] COUNTY, TEXAS. THE
EASEMENTS THEREON ARE HEREBY RESERVED FOR THE PURPOSES
INDICATED, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS
FILED WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON]
COUNTY. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO
FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES
AND THE PUBLIC AND PRIVATE UTILITIES FOR WHICH THE EASEMENT IS
RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE FOR THE USE OF A PARTICULAR EASEMENT. THE
MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND
FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS, OR OTHER PERMANENT IMPROVEMENTS SHALL
BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS
THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED
FOR USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES FOR WHICH
THE EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED BY THE
TOWN OF WESTLAKE. ANY PUBLIC UTILITY FOR WHICH THE EASEMENT IS
Ordinance XXX
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RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE TO USE A PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO
REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS OR
OTHER IMPROVEMENTS WHICH IN ANY WAY MAY ENDANGER OR
INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF
ITS SYSTEM IN THE EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL
TIMES HAVE FULL RIGHT OF INGRESS AND EGRESS UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING,
PATROLLING, AND MAINTAINING AND ADDING TO OR REMOVING ALL OR
PART OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS FILED
WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON] COUNTY. THE
TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE THE
RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE
OF READING METERS, MAINTENANCE AND SERVICE REQUIRED OR
ORDINARILY PERFORMED BY THAT UTILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLAT, THE
OWNERS, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS,
RESERVE AND RETAIN THE RIGHT TO GRANT OTHER RIGHTS AND
EASEMENTS ACROSS, OVER OR UNDER THE EASEMENT TRACT(S) TO SUCH
OTHER PERSONS AS THE OWNERS DEEM PROPER, PROVIDED SUCH OTHER
GRANTS ARE SUBJECT TO THE EASEMENTS TO THE TOWN OF WESTLAKE
GRANTED IN THIS PLAT OR THE EASEMENT DOCUMENTS, AND THE USES
GRANTED DO NOT MATERIALLY INTERFERE WITH THE USE OF SAID
EASEMENTS BY THE TOWN OF WESTLAKE FOR THE PURPOSES SET FORTH
HEREIN AND THE TOWN APPROVES SAID ADDITIONAL EASEMENTS OR
ADDITIONAL USES IN WRITING. ANY DAMAGES TO FACILITIES LOCATED
IN SAID EASEMENTS AS A RESULT OF THE USE GRANTED TO SUCH OTHER
PERSON SHALL BE PROMPTLY REPAIRED BY SUCH OTHER PERSON, AND
THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO SUCH OTHER PERSON'S FACILITIES IN CONNECTION WITH THE
USE OF SAID EASEMENT BY THE TOWN OF WESTLAKE.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS PLAT, THE OWNERS, AND THEIR SUCCESSORS AND ASSIGNS, MAY
USE THE EASEMENT TRACT(S) IDENTIFIED IN THE EASEMENT
DOCUMENTS, AND SHOWN WITHIN THE BOUNDARIES OF THE PLATTED
PROPERTY FOR PAVING, PEDESTRIAN WALKWAY, PARKING,
LANDSCAPING AND AERIAL IMPROVEMENT PURPOSES (THE
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"IMPROVEMENTS"), WHICH DO NOT MATERIALLY INTERFERE WITH OR
PREVENT THE USE BY THE TOWN OF WESTLAKE OF SAID EASEMENTS FOR
THE PURPOSES SET FORTH HEREIN. ANY DAMAGES TO FACILITIES
LOCATED IN THE EASEMENTS IDENTIFIED ON THE PLATTED PROPERTY AS
A RESULT OF SUCH USES SHALL BE PROMPTLY REPAIRED BY THE THEN-
CURRENT OWNER OF THE PLATTED PROPERTY THAT CAUSED SUCH
DAMAGE, AND THE TOWN OF WESTLAKE SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGES TO THE IMPROVEMENTS IN
CONNECTION WITH THE USE OF SAID EASEMENTS BY THE TOWN OF
WESTLAKE.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS.
WITNESS MY HAND THIS THE ____________ DAY OF
____________/____________/____________, ____________.
By:
[Name of Property Owner(s)]
STATE OF TEXAS §
§
COUNTY OF [TARRANT or DENTON] §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of
Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATIONS THEREIN EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
(d) Distribution and review.
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(1) Distribution of copies. Final plats and engineering plans shall be distributed by
the town engineer or town secretary.
(2) Staff report. A staff report shall be prepared and a copy provided to the applicant
and submitted prior to the planning and zoning commission hearing on the final
subdivision plat application stating the comments of the subdivision review. After
preparation of the report, the final plat and report shall be filed with the planning and
zoning commission for consideration at its next regularly scheduled meeting.
(e) Standards for approval; requirements.
(1) Standards for approval. No final plat shall be recommended or approved by the
town engineer, planning and zoning commission or Town Council unless the following
standards have been met:
a. The plat substantially conforms to the preliminary site evaluation, if a preliminary
site evaluation was required.
b. Required public improvements have been constructed and accepted or a
subdivision improvement agreement has been accepted by the town providing for the
subsequent completion of improvements.
c. The plat conforms to the town's Comprehensive Plan, Thoroughfare Plan, Master
Plans for Utilities and Drainage, and all applicable zoning and other regulations.
d. Provision has been made for adequate public facilities under the terms of this
chapter.
e. The plat meets all other requirements of this chapter.
f. Payment of all fees has been made.
(2) Requirement for approval. The town engineer, planning and zoning commission
or Town Council shall recommend or approve the plat if:
a. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities
and Drainage and its current and planned streets, alleys, parks, open space, and public
utility facilities;
b. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities
and Drainage for the extension of roads, streets, and public highways within the town and
in its extraterritorial jurisdiction, taking into account access to and extension of sewer and
water mains and the instrumentalities of public utilities;
c. Any applicable bonds are filed; and
Ordinance XXX
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d. It conforms to subsection (e)(1) “Standards for Approval” of this section.
(f) Approval procedure; recording of action.
(1) Approval procedure. After review of the final plat, the town engineer shall place
the final plat for decision on the agenda of a public meeting of the planning and zoning
commission. Minor plats may be approved by the engineer or referred to the Planning
and Zoning Commission and Town Council. Following review of the final plat and other
materials submitted for conformity thereof to these regulations, the planning and zoning
commission shall recommend approval or denial of the submitted final plat to the Town
Council.
a. Recommended approval. Final plats recommended for approval shall be filed for
hearing by the Town Council.
b. Recommended denial. Final plats not recommended for approval may be
processed in one of the two following ways:
1. Final plat may be withdrawn and revised in accordance with the recommendations
of the planning and zoning commission and refiled for reconsideration at a regularly
scheduled planning and zoning commission meeting; or
2. The final plat recommended for denial may be filed for hearing at the next
regularly scheduled Town Council meeting, with or without the recommend changes.
c. Minor plats.
Minor plats may be approved as set out in this chapter and state law.
(2) Recording of commission action. The action of the planning and zoning
commission shall be noted on two copies of the final plat, referenced and attached to any
conditions determined. One copy shall be returned to the subdivider or developer and the
other retained in the files of the town staff. A notation of the action taken on each final
plat and requisite reasons therefor shall be entered in the minutes of the planning and
zoning commission.
(g) Certificate of compliance. Upon final approval of a final plat required by these
regulations, the Town Council shall issue to the person applying for approval a certificate
stating that the final plat has been approved by the town. For purposes of this section,
final approval shall not occur until all conditions of approval have been met.
(h) Effect of decision.
(1) Effect of approval of final plat. Approval of a final plat shall certify compliance
with the regulations of the town pertaining to the subdivision of land. An approved and
Ordinance XXX
Page 19 of 20
signed final plat may be filed with the county as a record of the subdivision of land and
may be used to reference lots and interests in property thereon defined for the purpose of
conveyance and development as allowed by these regulations.
(2) Effect of denial. In the case of a denial of a final plat, the town shall advise the
subdivider as to future requirements to obtain approval of the plat.
(i) Signing and recording of final plat.
(1) When improvement agreement and security are required. When a subdivision
improvement agreement and security are required, the presiding officer and the town
secretary shall endorse approval on the final plat after the agreement and security have
been approved by the Town Council, and all the conditions pertaining to the final plat
have been satisfied.
(2) When installation of public improvements is required. There shall be written
evidence that the required public facilities have been installed in a manner satisfactory to
the town as shown by a certificate signed by the town engineer stating that the necessary
dedication of public lands and installation of public improvements has been
accomplished.
(3) Recording final plat and agreements. It shall be the responsibility of the town
engineer to file the final plat with the county clerk. Simultaneously with the filing of the
final plat, the town engineer shall record such other agreements of dedication and legal
documents as shall be required by these regulations. The final plat bearing all required
signatures, shall be recorded after final approval. One copy of the recorded final plat will
be forwarded to the property owner by the town engineer.
SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly
saved as to any and all violations of the provisions of the prior ordinance sections which existed
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, the same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
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
Ordinance XXX
Page 20 of 20
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 be cumulative of all provisions of ordinances of the
Town except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
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 22md DAY OF AUGUST 2016.
____________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ _______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_______________________________
L. Stanton Lowry, Town Attorney
Standing Item: Update and discussion regarding the Granada Development, including
items posted on the regular session agenda and the Covenants Conditions Restrictions
(CCR’s) and Design Standards.
Town Council
Item # 5b – Granada
Development
Standing Item: Update and discussion regarding the Entrada Development, including
items posted on the regular session agenda and public art.
Town Council
Item # 5c – Entrada
Development
EXECUTIVE SESSION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the
advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement
offer; (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 this chapter: Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect described by Subdivision (1) for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
- Project Lynx
- Quail Hollow
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property
regarding Town Hall offices and possible Fire Stations sites
Town Council
Item # 6 – Executive
Session
Town Council
Item # 7 – Reconvene
Council Meeting
COUNCIL RECAP / STAFF DIRECTION
Town Council
Item # 8 – Council Recap /
Staff Direction
Town Council
Item # 9 – Adjournment
Work Session
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports
on Items of Community Interest pursuant to Texas Government Code
Section 551.0415 the Town Council may report on the following
items: (1) expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of individuals;
(4) reminders about upcoming Town Council events; (5) information
about community events; and (6) announcements involving imminent
threat to public health and safety.
Town Council Workshop/Meeting
Monday, August 22, 2016
Westlake Town Hall, Solana – Council Chamber/Courtroom
Westlake Municipal Offices & Westlake Academy closed in
observance of the Labor Day holiday
Monday, September 5, 2016
Coffee & Conversation with the Mayor
-Not on typical Monday due to Labor Day holiday
Tuesday, September 6, 2016; 8:00 – 9:30 am
Marriott Solana Hotel – Great Room
Paws on the Plaza (Family fun event for residents & their pets to promote animal registration!)
Saturday, September 10, 2016 8:30 -11:30 am
The Plaza in Solana, 1301 Solana Boulevard
*For more details, check the Town’s webpage and Facebook account
Board of Trustees Workshop/Meeting
Monday, September 12, 2016
Westlake Town Hall, Solana – Council Chamber/Courtroom
Planning & Zoning Meeting (Please check Town’s webpage)
Monday, September 13, 2016
Westlake Town Hall, Solana – Council Chamber/Courtroom
Social Media Presentation for WA & Westlake Parents; Presentation and Q&A time with FBI agent
Wednesday, September 14, 2016; 6:00 – 7:00 pm
Westlake Academy Campus – Multi-Purpose Hall (MPH)
Town Council Workshop/Meeting
Monday, September 19, 2016
Westlake Town Hall, Solana – Council Chamber/Courtroom
Coming soon: Westlake Public Art Program – Public Workshop (for Residents & All Stakeholders)
Tentative date: Evening of Thursday, October 20 or October 27, 2016.
Stay tuned for more information and date confirmation!
*For meeting agendas and details on calendar events, please visit the Town’s website.
**For WA Athletic events, please check the appropriate sport’s category box on the WA
Calendar webpage
Town Council
Item # 2 – Items of
Community Interest
CITIZEN COMMENTS: 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 Council
Item # 3 – Citizen
Comments
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 June 13, 2016, meeting.
b. Consider approval of the minutes from the August 10, 2016, meeting.
c. Consider approval of Resolution 16-27, Appointing and Reappointing Various
Affiliate and Planning & Zoning Commission Members.
d. Consider approval of Resolution 16-28, approving all funding related to the
replacement of the temporary fire station living quarters and bay improvements
located at 2900 Dove Road.
e. Consider approval of Resolution 16-29, Entering into an agreement with Brown
Reynolds Watford (BRW) architects to provide professional services for concept
design of the Town of Westlake Fire Station & EMS and authorize Town Manager
to m ake funding changes not to exceed $25,000.00 on this project.
f. Consider approval of Resolution 16-30, Adopting an Economic Development
Incentive Policy.
g. Consider approval of Ordinance 787, Approving a Right-of-Way License
Agreement for a perimeter fence within Town of Westlake right of way along FM
1938 and Dove Road.
Town Council
Item # 4 – Consent
Agenda
Town Council Minutes
06/13/16
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
June 13, 2016
PRESENT: Mayor Pro Tem Carol Langdon, Council Members, Michael Barrett, Alesa
Belvedere, and Rick Rennhack.
ABSENT: Mayor Laura Wheat and Wayne Stoltenberg
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Assistant Town Manager Amanda
DeGan, Director of Public Works Jarrod Greenwood, Director of
Planning Eddie Edwards, Director of Human Resources &
Administrative Services Todd Wood, Fire Chief Richard Whitten,
Director of Communications Ginger Awtry, Communications
Specialist Susan McFarland, Information Technology Coordinator
Ray Workman, and Project Manager, Rick Chaffin.
Work Session
1. CALL TO ORDER
Mayor Pro Tem Langdon called the work session to order at 5:15 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Langdon led the pledge of allegiance to the United States and Texas flags.
Town Council Minutes
06/13/16
Page 2 of 6
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
Town Manager Brymer and Director Greenwood provided an overview of item g and item
h of the consent agenda.
Discussion ensued regarding item g - the cost, Engineer’s recommendation, project
management, easements, funding source.
Discussion ensued regarding item h - the Interlocal Agreement, reducing the charge,
unmetered flow, and Southlake’s flow through Terra Bella.
4. DISCUSSION ITEMS
a. Presentation and Discussion Regarding Regional Transportation Planning
Including the SH114 and SH170 Corridor and the Town’s Thoroughfare Plan in
Connection with these Corridors.
Town Manager Brymer provided an overview of the item and a memo regarding
the highways impact on Westlake’s Thoroughfare Plan.
Russell Laughlin, Hillwood Properties, provided an overview and presentation
regarding Transportation Planning.
Discussion ensued regarding balancing projects and state funding, inter
connectivity in the Town, additional lanes on Highway 114, regional transit plan,
and items driving development.
b. Presentation and discussion regarding the unfunded the construction of
Telecommunications Ductbank in the GlenWyck Farms subdivision.
Mayor Pro Tem Langdon stated that this item would be moved to the August
agenda.
Town Manager Brymer and Director Greenwood provided a brief overview of the
item.
c. Standing Item: Update and discussion regarding the Granada Development,
including items posted on the regular session agenda and the Covenants
Conditions Restrictions (CCR’s) and Design Standards.
No additional discussion.
Town Council Minutes
06/13/16
Page 3 of 6
d. Standing Item: Update and discussion regarding the Entrada Development,
including items posted on the regular session agenda and public art.
No additional discussion.
5. EXECUTIVE SESSION
The Council convened into executive session at 6:36 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (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 this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
d. 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
Mayor Pro Tem Langdon reconvened the meeting at 7:36 p.m.
7. COUNCIL RECAP / STAFF DIRECTION
No additional direction provided.
Town Council Minutes
06/13/16
Page 4 of 6
8. ADJOURNMENT
Mayor Pro Tem Langdon adjourned the work session at 7:37 p.m.
Regular Session
1. CALL TO ORDER
Mayor Pro Tem Langdon called the regular session to order at 7:37 p.m.
2. ITEMS OF COMMUNITY INTEREST
Holiday closings and upcoming events.
3. CITIZEN COMMENTS
Colin Stevenson, 1823 Broken Bend, spoke in opposition of item d of the consent agenda.
4. CONSENT AGENDA
a. Consider approval of the minute from the May 16, 2016, meeting.
b. Consider approval of the minutes from the May 23, 2016, meeting.
c. Consider approval of the minutes from the May 25, 2016, meeting.
d. Consider approval of Resolution 16-21, Adopting the provisions of Section
552.275 of Chapter 552 of The Texas Government Code and Establishes a
reasonable limit on the amount of time that personnel of the Town are required to
spend producing Public Information.
e. Consider approval of Resolution 16-22, Approving a Contract with TxDOT for
Signalization at FM 1938 (Davis Blvd.) and Dove Road.
f. Consider approval of Resolution 16-23, Authorizing payment to JEA HydroTech
Engineering, Inc. in the amount of $73,500.00 for engineering design of drainage
improvements on Dove Road.
g. Consider approval of Resolution 16-24, Amending an existing agreement for
water service with the City of Fort Worth, Texas, relating to construction of the
Northside II 48-inch water main and allocated capacity of wholesale purchase of
treated water.
h. Consider approval of Resolution 16-25, Entering into an Interlocal Agreement
with the City of Southlake amending 1996 and 1999 Agreements regarding the N-1
Sanitary Sewer Line.
Town Council Minutes
06/13/16
Page 5 of 6
MOTION: Council Member Belvedere made a motion to approve the consent
agenda. Council Member Barrett seconded the motion. The motion
carried by a vote of 4-0.
5. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (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 this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Blizzard
- Project Lynx
- Deloitte LLP
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
d. 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.
MOTION: Council Member Rennhack made a motion to approve Resolution
16-26. Council Member Belvedere seconded the motion. The
motion carried by a vote of 4-0.
Town Council Minutes
06/13/16
Page 6 of 6
8. FUTURE AGENDA ITEMS
No future agenda items.
9. ADJOURNMENT
There being no further business before the Council, Mayor Pro Tem Langdon asked for a
motion to adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Barrett seconded the motion. The motion carried
by a vote of 4-0.
Mayor Wheat adjourned the meeting at 7:40 p.m.
APPROVED BY THE TOWN COUNCIL ON AUGUST 22, 2016.
ATTEST:
_____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
08/10/16
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
August 10, 2016
PRESENT: Mayor Laura Wheat, Council Members, Alesa Belvedere, Carol Langdon, Rick
Rennhack and Wayne Stoltenberg.
ABSENT: Michael Barrett
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Assistant Town Manager Amanda
DeGan, Director of Public Works Jarrod Greenwood, Director of
Building Construction / Zoning Enforcement Eddie Edwards,
Director of Human Resources & Administrative Services Todd
Wood, Fire Chief Richard Whitten, Director of Communications
Ginger Awtry, Keller Police Chief Mike Wilson, Director of Parks,
Director of Information Technology Jason Power, Director of
Facilities and Parks & Recreation Troy Meyer, Finance Supervision
Jaymi Ford, and Interim Director of Planning, Rick Chaffin.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 12:12 p.m.
Town Council Minutes
08/10/16
Page 2 of 3
2. DISCUSSION OF THE PROPOSED MUNICIPAL BUDGET FOR FISCAL YEAR
2016-2017, FUNDED AND UNFUNDED (UNDER DISCUSSION) PROJECTS
CONTAINED IN THE TOWN’S PROPOSED FIVE (5) YEAR CAPITAL
IMPROVEMENT PLAN, AS WELL AS THE PROPOSED OPERATING BUDGET FOR
WESTLAKE ACADEMY FOR FISCAL YEAR 2016-17.
Town Manager Brymer provided a presentation and overview of the proposed budget.
Discussion ensued regarding the inclusion of a compensation plan – pay banding,
revenues impacts, ductbank infrastructure for the Glenwyck subdivision, payroll and
benefit packages, Balanced Scorecard, and pausing the Community Tree Lighting event.
The Council adjourned for a break at 1:55 p.m.
3. EXECUTIVE SESSION
The Council convened into executive session at 2:08 p.m.
Pursuant to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code,
the City Council may convene in Executive Session to deliberate regarding the following
matter:
Sec. 551.072. Deliberation Regarding Real Property – Lease of Town Hall offices.
4. RECONVENE MEETING
Mayor Pro Tem Langdon reconvened the meeting at 3:51 p.m.
5. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken from executive session.
Mayor Wheat continued the budget work session.
Discussion resumed regarding the Al Valorem tax, the addition of labs to the Arts &
Sciences building, Outdoor Learning at the Academy, how to project enrollment,
updating the Academy Facility Plan, Capital Project Funds, revisions to the proposed
Academy budget, Blacksmith donations, and iPad leases.
Town Council Minutes
08/10/16
Page 3 of 3
6. ADJOURNMENT
Mayor Wheat adjourned the work session at 5:54 p.m.
APPROVED BY THE TOWN COUNCIL ON AUGUST 22, 2016.
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, August 22, 2016
TOPIC: Discussion and Consideration of a Resolution Appointing and
Reappointing Various Affiliate and Planning & Zoning Commission
Members.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Municipal &
Academic Operations
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: June 8, 2016 Completion Date: August 22, 2016
Funding Amount: 0.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Members with expiring terms have been contacted by the Town Secretary and asked to respond
as to their desire to continue to serve as a board, commission or committee member.
Communications have also been sent out to residents via the Westlake Wire asking for residents
to apply for any of the Boards and Commissions vacancies.
All current board members that expressed the desire to be reappointed have been listed in the
resolution.
RECOMMENDATION
N/A
Page 2 of 2
ATTACHMENTS
Resolution that will be completed with appointees as directed.
Resolution 16-27
Page 1 of 5
TOWN OF WESTLAKE
RESOLUTION NO. 16-27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC
DEVELOPMENT BOARD; PLANNING AND ZONING COMMISSION; TEXAS
STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS
STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING
CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY
FOUNDATION; AND WESTLAKE HISTORICAL PRESERVATION SOCIETY, AND
RESOLVING RELATED MATTERS.
WHEREAS, the Town Council conduct annual board appointments and reappointments
at an August meeting; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
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 following individuals are hereby appointed/reappointed to
the 4B Economic Development Board:
Term Expiration
Laura Wheat, Mayor June 2017
Carol Langdon, Council Member June 2017
Michael Barrett, Council Member June 2017
Rick Rennhack, Council Member June 2017
David Brown, Non-Council Member June 2017
Gregg Malone, Non-Council Member June 2017
Vacant, Non-Council Member June 2017
As a result of the appointments heretofore stated, the 4B Economic Development
Board is represented by the following:
Term Expiration
Laura Wheat, Mayor June 2017
Carol Langdon, Council Member June 2017
Michael Barrett, Council Member June 2017
Rick Rennhack, Council Member June 2017
Resolution 16-27
Page 2 of 5
Vacant, Non-Council Member June 2017
Gregg Malone, Non-Council Member June 2017
Vacant, Non-Council Member June 2017
SECTION 3: THAT the following individuals are hereby appointed reappointed to
the Planning and Zoning Commission:
Term Expiration
Ryan Groce June 2017
Tim Brittan June 2017
Liz Garvin June 2016
Greg Goble June 2016
Michelle Lee June 2017
Sharon Sanden (Alternate member No. 1) June 2016
Ken Kraska (Alternate member No. 2) June 2017
As a result of the appointments heretofore stated, the Planning and Zoning
Commission is represented by the following:
Term Expiration
Ryan Groce June 2017
Tim Brittan June 2017
Liz Garvin June 2018
Greg Goble June 2018
Michelle Lee June 2017
Sharon Sanden (Alternate member No. 1) June 2018
Ken Kraska (Alternate member No. 2) June 2017
SECTION 4: THAT the following individuals are hereby reappointed to the Texas
Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing
Corporation – Denton Project, the Texas Student Housing Authority;
Term Expiration
Gregg Malone June 2016
Scott Bradley June 2016
Bryant Fisher June 2017
Tracy Schornack June 2016
Patricia Howard June 2017
Mark Harrow June 2017
Randall Quick June 2017
As a result of the appointments heretofore stated, the Texas Student Housing
Authority and the Texas Student Housing Corporation – Denton Project, are represented by
the following:
Resolution 16-27
Page 3 of 5
Term Expiration
Vacant June 2018
Scott Bradley June 2018
Bryant Fisher June 2017
Vacant June 2018
Patricia Howard June 2017
Mark Harrow June 2017
Randall Quick June 2017
SECTION 5: THAT the following individuals are hereby appointed/reappointed to the
Westlake Academy Foundation Board of Directors:
Term Expiration
Karen Stoltenberg June 2016
Vacant June 2016
Andrew Grieser June 2016
Kevin Hansen June 2016
Debra Kraska June 2016
Sean Shope June 2017
Zan Jones June 2017
Jeff Watson June 2017
Leah Rennhack June 2017
Deborah Kraska June 2017
Vacant June 2017
Andy Sedino June 2018
Wendy Greenwood June 2018
Deanna Titzler June 2018
As a result of the appointments heretofore stated, the Westlake Academy Foundation is
represented by the following:
Term Expiration
Sean Shope June 2017
Zan Jones June 2017
Jeff Watson June 2017
Christine Ross June 2017
Leah Rennhack June 2017
Deborah Kraska June 2017
Vacant June 2017
Andy Sedino June 2018
Wendy Greenwood June 2018
Deanna Titzler June 2018
Karen Stoltenberg June 2019
Adam Smith June 2019
Vacant (Andrew Grieser) June 2019
Resolution 16-27
Page 4 of 5
Kevin Hansen June 2019????
Debra Kraska June 2019
SECTION 6: THAT the following individuals are hereby appointed/reappointed to
the Westlake Historical Preservation Society:
Term Expiration
Stephen Thornton June 2016
Paula Thornton June 2016
Becky Fisher June 2018
Thomas Miller June 2018
Daniel Zipperlen June 2018
Jon White June 2018
Wanda Brewster June 2018
Robert Meyer June 2016
Laurel Mason June 2016
Staff Liaison- Town Manager or his appointee
As a result of the appointment heretofore stated, the Westlake Historical
Preservation Society, is represented by the following:
Term Expiration
Becky Fisher June 2018
Thomas Miller June 2018
Daniel Zipperlen June 2018
Jon White June 2018
Wanda Brewster June 2018
Vacant June 2019
Vacant June 2019
Stephen Thornton June 2019
Paula Thornton June 2019
Staff Liaison- Town Manager or his appointee
SECTION 7: 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.
Resolution 16-27
Page 5 of 5
SECTION 8: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016.
ATTEST: _____________________________
Laura Wheat, Mayor
______________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Consider approval of a resolution approving all funding related to the
replacement of the temporary fire station living quarters and bay
improvements located at 2900 Dove Road.
STAFF CONTACT: Troy J. Meyer, Facilities Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: April 27, 2015 Completion Date: January 31, 2016
Funding Amount $286,071 Status - Not Funded Source - Multiple Sources - see
comments below
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On December 31 2014, the living quarters of the temporary fire station (2900 Dove Rd.) was
damaged by fire. The 70 X 30 model home was a total loss and subsequently removed from the
site. Our firefighters were relocated back to the station in a 37 foot camping trailer. Subsequent
to the removal of the model home, the Town Council (March 2, 2015 meeting) approved the
extension of the existing metal building to the west that housed the apparatus bays, with built-in
living quarters for our staff.
In April of 2015, Centurion American indicated they were willing to fund the cost to build out
the internal living quarter inside the extended portion of the metal building at an estimated cost
of the donation totaling $82,000. This addition will be approximately 2,000 sq. ft.
The Town’s insurance company (TML Risk Pool) made a determination that the temporary
building was a total loss with a replacement value of $80,622. The total payment form the
insurance proceed where $162,059.00. Which include all contents and incidental expenses.
Fire Station and other municipal uses
Total Cost of Project
$ 286,071
Insurance Proceeds
(162,059)
In-kind Donations
(82,000)
** Town of Westlake expenditures (42,012)
$ -
** Transfer from FY 15/16 Fire Department
operating budget
$ 16,268
Additional exp. to upgrade station for safety
Vent hood
8,193
Sprinkler system
4,024
Bay heaters
5,631
Radio replacements
7,896
Sub-total additional improvements 25,744
Total Town of Westlake expenditures $ 42,012
The final cost of the project is $286,071 which was funded by the General Maintenance &
Replacement Fund, insurance proceeds, donations and the General Fund Department 14 (Fire
Department).
There were key safety items (vent hood, sprinkler system in bays and radios replacements) not
covered by the insurance proceeds because they were not in the temporary living quarter and the
three bays prior to the fire. These items where added to ensure the safety of the fire fighters and
to protect the new facilities. These items caused the project to go over budget by $42,012. These
were offset by GMR and Department 14 decreasing their operating budget in the general fund.
RECOMMENDATION
Staff recommends the approval of all funding related to the replacement of the temporary fire
station living quarters and bay improvements located at 2900 Dove Road.
ATTACHMENTS
Resolution
Resolution 16- 28
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING ALL FUNDING RELATED TO THE REPLACEMENT OF THE
TEMPORARY FIRE STATION LIVING QUARTERS AND BAY IMPROVEMENT
LOCATED AT 2900 DOVE ROAD.
WHEREAS, on December 31, 2014, the living quarters of the temporary fire station was
damaged by fire and,
WHEREAS, the new addition provides living quarters and office space for the fire
fighters and,
WHEREAS, the extension would give the fire fighters a safer place to shelter during a
severe weather event and,
WHEREAS, the $286,071 funds sources include insurance proceeds, general
maintenance & replacement fund, general fund and donations 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.
Resolution 16- 28
Page 2 of 2
SECTION 2: That the Town of Westlake Town Council hereby approves all funding
related to the replacement of the temporary fire station living quarters and bay improvements
located at 2900 Dove Road.
Total Cost of Project
$ 286,071
Insurance Proceeds
(162,059)
In-kind Donations
(82,000)
** Town of Westlake expenditures (42,012)
$ -
** Transfer from FY 15/16 Fire Department
operating budget
$ 16,268
Additional exp. to upgrade station for safety
Vent hood
8,193
Sprinkler system
4,024
Bay heaters
5,631
Radio replacements
7,896
Sub-total additional improvements 25,744
Total Town of Westlake expenditures $ 42,012
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 22nd DAY OF AUGUST 2015.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Consider approval of a resolution to enter into an agreement with Brown
Reynolds Watford (BRW) architects to provide professional services for concept
design of the Town of Westlake Fire Station & EMS and authorize Town
Manager to make funding changes not to exceed $25,000.00 on this project.
STAFF CONTACT: Troy J. Meyer, Facilities Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 1, 2015 Completion Date: January 1, 2016
Funding Amount $36,800 Status - Funded Source - Capital Projects Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL
HISTORY)
In January 2015, Brown Reynolds Watford (BRW) architects firm was hired to complete a Fire
Station validation study for the town. BRW has extensive experience in designing fire stations -
not only in north Texas - but state wide. BRW has recently completed the following: Roanoke
Station 1, Brenham EMS Station 2, Trophy Club Station 1, Richardson Station 4 , Georgetown
Station 5 and a station in Dallas. This agreement will include but not limited to the following
items:
• Building exterior design reflective of existing Westlake communities
• Minimum site grading disturbance
• Natural landscape design
• Civil engineering design using Integrated Storm water Management (ISWM) best
practices
• Construction cost estimate and preliminary total project budget based on the concept
design
The agreement would provide staff with accurate cost options for the proposed new station and
renderings of the exterior view of the facility. The assocated costs for the services in this
agreement is $36,800.00, which does not include construction documents or a geotechnical
investigation.
The first few payments of this contract are proposed to be funded through the General Fund.
Upon approval and receipt of the proceeds from the $8.5M Certificates of Obligation, any funds
paid for these services through the General Fund will be reimbursed.
RECOMMENDATION
Staff recommends the approval of the agreement for $36,800 with Brown Reynolds Watford
(BRW) architects to provide professional services relative to concept design for the Town of
Westlake Fire and EMS Station and authorizes the Town Manager to make funding changes not
to exceed $25,000.00 on this project.
ATTACHMENTS
Resolution
Exhibit A, Agreement
Resolution 16-29
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 16-29
A RESOLUTION TO ENTER INTO AN AGREEMENT WITH BROWN
REYNOLDS WATFORD ARCHITECTS TO PROVIDE PROFESSIONAL
SERVICES FOR CONCEPT DESIGN OF THE TOWN OF WESTLAKE
FIRE & EMS STATION AND AUTHORIZE TOWN MANAGER TO MAKE
FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT.
WHEREAS, the town current fire & EMS services has been operating out of a
temporary facility for the past 12 years and,
WHEREAS, the town population growth in residential and commercial development
has outpaced our fire station capabilities and,
WHEREAS, the agreement with BRW would provide the staff with cost options of the
new station and renderings of the exterior view of the proposed station extension would give the
fire fighters a safer place to shelter during a severe weather event
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 of Westlake Town Council hereby approves the agreement
with Brown Reynolds Watford Architects to provide professional services for concept design of
the Town of Westlake Fire Station & EMS and authorize Town Manager to make funding
changes not to exceed $25,000.00 on this project., attached as Exhibit “A.
SECTION 3: The first few payments of this contract are proposed to be funded through
the General Fund. Upon approval and receipt of the proceeds from the $8.5M Certificates of
Obligation, any funds paid for these services through the General Fund will be reimbursed.
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.
Resolution 16-29
Page 2 of 2
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2015.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
August 16, 2016
Troy Meyer
Director of Facilities and Recreation
Town of Westlake
1301 Solana Boulevard, Building 4, Suite 4202
Westlake, TX 76262
PROFESSIONAL SERVICES PROPOSAL FOR THE
TOWN OF WESTLAKE FIRE STATION CONCEPT DESIGN
Brown Reynolds Watford Architects are pleased to submit this professional services proposal
for concept design of the Town of Westlake Fire Station. The project scope, along with our
proposed team, scope of services, project schedule, and compensation are described below.
PROJECT SCOPE
We understand the Town is negotiating to acquire approximately four (4) acres of land at the
northwest corner of Davis Blvd. and Dove Road. The property will be a Government Use
District. A project schedule goal is to present the concept design to the Town Council and
Planning and Zoning Commission by the end of the 2016.
The project scope is to develop a concept design with the following components:
Program needs validation, including addition of a fire training drill tower
Site plan with alternate apparatus bay drives connecting to roads in the following order of
preference: 1) Davis Blvd., 2) Fidelity Value Lane, and 3) Dove Road. Site plan to show
the building footprint, paving, sidewalks, site signage and site amenities. Site plan to also
locate options for a Fire / Community Park. Site lighting design is not required.
Preliminary landscape plan, one colored site plan indicating landscaping
Preliminary floor plan (blocking plan or diagram as required to develop exterior building
elevations).
Exterior building elevations (From four sides, each colored showing concept landscaping).
Construction cost estimate and preliminary total project budget based on the concept design
Preliminary civil engineering including:
o Attend pre-development meeting with applicable Town departments
o Utilities investigation to inform cost estimating (to include proposed water and drainage
systems including initial retention pond sizing)
o Site drainage analysis and grading plan (to include concept finished floor elevation and
grading contours, including preliminary on-site retaining pond size).
o One (1) revision to the site plan to reflect changes resulting from Owner comments.
Additional changes will be made on an hourly rate basis.
Project design goals include:
Troy Meyer
Professional Services Proposal
August 16, 2016 Page 2
Building exterior design reflective of existing Westlake communities
Minimum site grading disturbance
Existing specimen tree in center of site to remain
Natural landscape design
Civil engineering design using Integrated Stormwater Management (ISWM) best practices
PROJECT TEAM
BRW Architects, Inc. Architect
– Gary DeVries, AIA, LEED AP Principal
– Stephen Hilt, AIA Project Manager
– Chris Sano, AIA, LEED AP Project Programmer and Designer
David McCaskill Design Landscape Architect
620 E. Southlake Blvd.
Southlake, TX 76092
– David McCaskill Principal
Pacheco Koch Consulting Engineers Civil Engineering
7557 Rambler Road
Suite 1400
Dallas, TX 75231
– Chris Jones, P.E. Principal
CCM Construction Services, LLC Cost Estimating
P.O. Box 120455
Arlington, TX 76012
– John Coakley, CPE, AVS Estimator
SCOPE OF SERVICES
Basic Services
Basic Services shall include programming, analysis, concept design documents, coordination
with appropriate Town departments, and presentations to the Town. Specific tasks include:
Architectural site and building program validation (one meeting)
Architectural site and building concept design
o Concept site design review (one meeting)
o Concept floor plan review (one meeting)
o Concept building street view color elevations and project construction cost and total
budget review (one meeting)
Landscape Design to include the following
o Review of Westlake ordinances impacting landscape development.
o Preparation of conceptual landscape plan that adheres to Westlake ordinance
requirements. Conceptual plan shall make use of drought tolerant plant material and be
consistent with plantings recently installed along Davis Boulevard. Concept plan will
Troy Meyer
Professional Services Proposal
August 16, 2016 Page 3
indicate locations of trees, planting beds, and turf areas. Individual plant varieties will
be selected for this concept plan.
o Prepare a color rendered concept landscaping plan
o Programming and landscaping design standards (one meeting)
o Landscape concept design review (one meeting)
Civil Engineering concept design review (one meeting)
Planning and Zoning Presentation (BRW only, one meeting)
Town Council Presentation, including small Power Point presentation (BRW only, one
meeting)
Reimbursable Expenses
The following property surveys shall be reimbursable expenses, only if specifically requested
by the Owner:
Topographic Survey, including the following:
Location of permanent improvements on, and immediately adjacent to, the site.
Spot elevations on a 50-foot grid.
Contours on one foot intervals.
Top of curb and gutter elevations for existing paving on, and immediately adjacent to, the
site.
Locations, common name and trunk diameter of on-site trees over 8-inches in caliper, and
the approximate drip line of heavily wooded areas on and immediately adjacent to the site.
Location of visible utilities and appurtenances.
Location and sizes of underground utilities based on available record information.
Pacheco Koch will graphically plot, if any, the Special Flood Hazard Area from the Flood
Insurance Rate Map (FIRM), published by Federal Emergency Management Agency
(FEMA), for this area.
Topographic Survey does not include:
Trees less than 8-inches in diameter.
Tree locations and identification in heavily wooded areas.
Species names of trees (scientific names including variety).
Boundary surveying.
Research or review of easements that may affect the subject tract.
Subsurface utility engineering services.
Parking spaces in parking garages.
Location of irrigation control valves.
Troy Meyer
Professional Services Proposal
August 16, 2016 Page 4
Boundary Survey including the following:
Boundary survey locating corners
Coordination with City staff for review and approval of each easement.
Boundary Survey does not include:
Coordination with property owners.
Documentation of site corners.
Final Deliverables
Basic Services includes the following items. Additional copies or deliverables will be billed as
a reimbursable expense.
Two (2) bound copies of the completed Concept Design booklet.
One (1) oversize paper copy of scaled drawings.
Electronic copy of Concept Design documents, transmitted via FTP.
Exclusions from Basic Services
The need for the below services are not anticipated at this time, however, we could provide
them as Additional Services, if required to complete the project or desired by the Town of
Westlake:
Structural, MEP, and Technology engineering
ALTA Survey or Platting
Coordination of gas, electric, telephone, and cable TV services
Design of any underfloor drainage systems or french drains
Dedications of easements and right-of-way by separate instrument
Off-site utility engineering
Construction or utility staking on site
Setting boundary survey monuments
Zoning modifications / submissions to planning and zoning
Site lighting design
Signage design or permitting
Irrigation plans / design
LEED certification
Traffic control / signal studies or implementation
Environmental or hazardous materials issues
Geotechnical Investigation
Physical or electronic 3D Models and perspective renderings
Construction Manager at Risk RFQs, procurement or interviews
Community Outreach Meetings / Presentations
Preparation of Sealed Engineering or Architectural Drawings
Troy Meyer
Professional Services Proposal
August 16, 2016 Page 5
Owner Provided Information
The Owner shall furnish the following information to support the Concept Design.
Utility information, as available
Geotechnical information from nearby construction, as available
Property plat or boundary survey (of larger property)
PROJECT SCHEDULE
We anticipate the completion of the Concept Design by the end of 2016.
COMPENSATION
Based on the scope of services described above, Brown Reynolds Watford Architects proposes
the lump sum fees shown below, plus reimbursable expenses.
Basic Services
BRW Architects $ 32,800
Pacheco Koch Consulting Engineers $ 9,000
David McCaskill Design Group $ 5,100
CCM Construction Services $ 2,500
Total Fee $ 49,400
Survey Reimbursable Expenses
Topographical Survey $ 6,600
Boundary Survey $ 2,800
(excludes setting monuments at property corners)
Project Reimbursable Expenses
Project reimbursable expenses shall not exceed $1,500 without the approval of the Owner.
They shall be invoiced at the same cost billed to the Architect and include, but are not limited
to, document reproduction, company expenses and courier and overnight deliveries.
Modifications to the project scope requiring additional services beyond this proposal shall be
authorized in writing by the Owner. Additional Services shall be compensated at the hourly
rates listed below or for a negotiated lump sum fee. Additional services for consultants shall be
invoiced at 1.10 times the amount billed the Architect.
Troy Meyer
Professional Services Proposal
August 16, 2016 Page 6
BRW Architects Hourly Rates
Principal $240.00 per hour
Project Director $200.00 per hour
Project Manager $175.00 per hour
Project Architect $140.00 per hour
Architect $120.00 per hour
Intern Architect II $90.00 per hour
Intern Architect I $75.00 per hour
Administration Staff / Clerical $70.00 per hour
David McCaskill Design Group Hourly Rates
Principal $160.00 per hour
Registered Landscape Architect $100.00 per hour
Graduate Landscape Architect $70.00 per hour
Clerical $50.00 per hour
Pacheco Koch Consulting Engineers Hourly Rates
Principal $225.00 per hour
Associate Principal $190.00 per hour
Senior Project Manager / Coordinator $140.00 per hour
Project Manager / Coordinator $120.00 per hour
Project Engineer $95.00 per hour
Senior Technician $110.00 per hour
Design Technician $80.00 per hour
Technician $75.00 per hour
Research Manager $70.00 per hour
Senior Administrative Assistant $80.00 per hour
Technical / Administrative Assistant $50.00 - $70.00 per hour
CCM Construction Cost Services, LLC Hourly Rates
Senior Estimator $120.00 per hour
Estimator $105.00 per hour
We hope this proposal meets your expectations. Please contact us with any questions. We look
forward to continuing our work together on this project.
BROWN REYNOLDS WATFORD ARCHITECTS, INC.
GARY DeVRIES, AIA
PRINCIPAL
Troy Meyer
Professional Services Proposal
August 16, 2016 Page 7
APPROVED: TOWN OF WESTLAKE, TX
Signature Date
Printed Name Title
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Consideration for Approval of a Resolution Adopting an Economic
Development Incentive Policy for the Town of Westlake.
STAFF CONTACT: Thomas E Brymer, Town Manager/ Superintendent
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
People, Facilities, &
Technology
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Optimize Planning &
Development
Capabilities
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 22, 2016 Completion Date: August 22, 2016
Funding Amount: N/A Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town has had an Economic Development Policy for some time (adopted by Resolution 06-
19, May 8, 2006). The State Tax Code requires that this policy must periodically be re-adopted.
Adoption (with updated language changing Board of Aldermen to Town Council) is required
prior to the Council taking steps to implement the tax abatement and other incentives offered by
the Town in the Economic Development Agreement with CS Kinross Lake Parkway and its
Affiliate Charles Schwab & Co. This Economic Development Agreement was approved by the
Town Council on June 16, 2016. This is for the project recently announced by the Charles
Schwab Company for a regional facility to be located in Westlake, previously called Project
Blizzard.
Page 2 of 2
RECOMMENDATION
Recommend adoption of this resolution with the attached Economic Development Incentives
Policy.
ATTACHMENTS
Resolution with the Economic Development Policy attached as an exhibit to this resolution.
Resolution 16-30
Page 1 of 5
TOWN OF WESTLAKE
RESOLUTION NO. 16-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ADOPTING AN ECONOMIC DEVELOPMENT INCENTIVE POLICY.
WHEREAS, the Town of Westlake, Texas, relies upon the generation of Sales and Use
Taxes for basic city operations; and
WHEREAS, the Town of Westlake aggressively pursues sales tax producing enterprises
that meet the Town’s high development standards; and
WHEREAS, Chapter 312 of the Texas Tax Code requires that guidelines and criteria be
adopted by the Town Council before entering into any Economic Development Agreement that
provides reimbursement of taxes; and
WHEREAS, Chapter 380 of the Texas Local Government Code allows the Town
Council to create policies for economic development and any related grants or incentives.
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 of Westlake Town Council does hereby approves the
proposed policy, attached as Exhibit “A”, Town of Westlake Economic Development Incentive
Policy and directs the Town Manager to immediately submit an Economic Development
Agreement to the Town Council consistent with the terms of this policy.
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.
Resolution 16-30
Page 2 of 5
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST, 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 16-30
Page 3 of 5
Exhibit A
Town of Westlake
Economic Development Incentive Policy
Section I. General Purpose and Objectives
The Town of Westlake, Texas, (“Town”) is committed to the promotion and retention of high
quality development in all parts of the Town as part of an overall effort to improve the quality of
life for its residents. Since these objectives can be served, in part, by the expansion of its
commercial business, retail, and mixed use base, the Town will, on a case-by-case basis, give
consideration to providing tax abatements, economic development grants, loans, and other
incentives (collectively referred to as “Incentives”) as may be allowed by law as stimulation for
selected economic development within the community. It is the policy of the Town that
consideration will be provided in accordance with the criteria set forth in this document.
Nothing within this policy shall imply or suggest that the Town is under any obligation to
provide Incentives to any applicant. All applicants (“Applicants”) for any Incentives shall be
considered on a case-by-case basis.
Section II. Applicability
This Economic Development Incentive Policy (the “Policy”) establishes guidelines and criteria
for Incentives as allowed for by the provisions of Chapter 312 of the Texas Tax Code, and other
economic grants, loans, or incentives as authorized by Chapter 380 of the Texas Local
Government Code, the Development Corporation Act, Article 5190.6, Tex. Rev. Civ. Stat.,
Article III, Section 52-a of the Texas Constitution, and other applicable laws. Any Incentive
approved by the Town’s Town Council (“Town Council”) pursuant to the Policy must be
memorialized in an agreement to be executed and approved by the Town and applicant (the
“Incentive Agreement”).
Section III. Tax Abatement Criteria
A. Any application for tax abatement shall be reviewed and approved or disapproved by the
Town Council and, if applicable, consider the recommendations of the Westlake Development
Corporation and/or the Westlake 4A Corporation. In general, the application will be considered
based upon the following:
• The ‘value added’ to the community by the Applicant’s proposed project;
• The likelihood of the development of the proposed project without abatements;
• The comparison of the use of abatements versus the use of other potential incentives.
B. Specific considerations for approving tax abatement applications will be based upon the
degree to which the proposed project:
Resolution 16-30
Page 4 of 5
• Furthers the goals and objectives of the Town as expressed in the Town’s
Comprehensive Plan, Planned Development District Ordinances, and infrastructure
plans;
• Impacts the Town’s costs and ability to provide municipal services;
• Impacts the local environment, housing market, and available infrastructure;
• Offers potential for long term payback in tax and/or other revenues for the Town’s
investment;
• Potentially stimulates other desirable economic development within the Town.
C. Term of the Abatement – A tax abatement may be granted for a maximum of ten (10)
years. The term of the abatement may be granted for a lesser number of years depending upon
the anticipated ‘value added’ to the Town.
Section IV. Value of the Project
The amount of the Incentive will be determined by the Town Council based upon the merits of
the economic development project (the “Project”), including, but not limited to, the factors
referenced in paragraph III. B. (above) and the following specific economic considerations:
• total capital investment;
• added employment;
• generation of other tax revenues.
Incentives may be granted only for the additional value of eligible property improvements
described in the Project and listed in the executed tax abatement agreement. Target thresholds
are established as expected qualifying levels for abatement consideration as indicated in
paragraphs A and B as follows:
A. For New Businesses or Development - The Project must be reasonably expected to
produce an added value of five million dollars ($5,000,000) in real and personal property
improvements within the Town of Westlake; or to create a minimum of 200 full-time jobs, or to
generate annual sales tax revenues to the Town of at least $100,000.
B. For Expansion or Modernization of Existing Businesses or Development – The Project
must be reasonably expected to produce an added value of two million dollars ($2,000,000) in
real and personal property improvements within the Town, or to create a minimum of 100 full
time jobs, or to generate additional annual sales tax revenues to the Town of at least $50,000.
Section V. Inspection, Verification and Incentive Modification
The terms of an Incentive Agreement shall include the Town’s right to:
(a) require the submission of an annual certification of compliance for the property receiving an
Incentive; (b) conduct an on-site inspection of the project in each year during the life of the
Incentive to verify compliance with the terms of the Agreement and the Policy; and (c) reduce or
Resolution 16-30
Page 5 of 5
eliminate the Incentive if the applicant has failed to comply with the requirements of the
Incentive Agreement.
Section VI. Evaluation
Upon completion of the Project, the Town shall no less than annually evaluate each Project
receiving an abatement to insure compliance with the terms of the agreement. Any incidents of
non-compliance will be reported to all affected taxing units.
Section VII. Severability and Limitation
In the event that any section, clause, sentence, paragraph or any part of this Policy shall, for any
reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not
affect, impair, or invalidate the remainder of the guidelines and criteria in this Policy.
Section VIII. Expiration and Modification
This Policy is effective upon the date of its adoption and will remain in force for two years, at
which time Incentive Agreements created pursuant to its provisions will be reviewed by the
Town Council to determine whether the objectives of the Policy are being achieved. Based upon
that review, this Policy may be modified, renewed or eliminated. However, any Incentive
Contracts created pursuant to this Policy will remain in effect according to their respective terms
without regard to any change to this Policy unless mutually agreed by the parties.
Section IX. Economic Development Grants, Loans, and Other Incentives
A. Any application for economic development grants, loans, and other incentives shall be
reviewed and approved or disapproved by the Town Council. In the review process, the Town
Council will, if applicable, consider the recommendations of the Westlake Development
Corporation and/or the Westlake Type 4A Corporation. Any such economic development grants,
loans, and other incentives may come from any one or combination of the following:
• Grants or loans as authorized by Chapter 380 of the Texas Local Government Code;
• The general Sales and Use taxes of the Town;
• Sales and Use taxes collected pursuant to section Type 4A of Article 5190.6, Tex.
Rev. Civ. Stat.; and/or
• Any other lawful source of revenue of the Town including, but not limited to, bond or
other debt financing which further the purpose of economic development.
B. To be eligible to apply and qualify for consideration of any grants, loans, and other
incentives under this Section, the applicant must submit documentation, and enter into an
Incentive Agreement, which indicates the specific details of the Project and compliance with the
Policy.
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Discussion and consideration of an Ordinance approving a right of way
License Agreement for a perimeter fence within Town of Westlake right
of way along FM 1938 and Dove Road.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Strong Aesthetic
Standards
Citizen, Student
& Stakeholder
High Quality Planning,
Design & Development - We
are a desirable well planned,
high-quality community that
is distinguished by
exemplary design standards.
Encourage
Westlake's Unique
Sense of Place
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 22, 2016 Completion Date: August 22, 2016
Funding Amount: N/A Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Quail Hollow developer conducted a presentation at the March 21, 2016 P&Z meeting and
March 28, 2016 Town Council meeting illustrating the overall design standards for the
development, which included a proposed perimeter wall/fence typical section.
The proposed perimeter wall/fence will encroach the Dove Road right of way for approximately
360 LF due to unusual (ROW) configuration. The encroachment on the Town’s right of way
along the east side of FM 1938 will extend south from Dove Road to the southern edge of the
development.
The installation of the proposed perimeter wall/fence would not require any relocation of Town
owned infrastructure, nor prevent any future maintenance of infrastructure.
The proposed ROW license agreement provides the necessary compliance instrument for the
developer to install the perimeter wall/fence included in the presentation provided to P&Z and
Council in March. The proposed wall/fence will be owned and maintained by Quail Hollow
HOA, which will require a Developer Agreement to establish maintenance responsibilities for
the HOA. We anticipate placing the Developer Agreement and Economic Development
Agreement on the October Council agenda.
RECOMMENDATION AND ATTACHMENTS
Staff recommends approval.
Ordinance with Attachment A - Proposed ROW License Agreement
Ordinance 787
Page 1 of 6
TOWN OF WESTLAKE
ORDINANCE NO. 787
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A RIGHT-OF-WAY LICENSE AGREEMENT WITH QUAIL HOLLOW
DEVELOPER, PROVIDING FOR THE INSTALLATION, MAINTENANCE, AND
OPERATION OF A PERIMETER WALL/FENCE WITHIN THE TOWN OF
WESTLAKE RIGHT OF WAY ADJACENT TO FM 1938 AND DOVE ROAD;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the Town Council finds that the proposed improvement, to be located in the
right of way, poses no significant increase in hazard to citizens or motorists traveling on FM
1938 and Dove Road; and
WHEREAS, the Right-of-Way License Agreement, attached hereto as Attachment A,
addresses liability, maintenance and removal of the improvements, to eliminate potential
negative impacts to the Town or the citizens of Westlake for the construction of the perimeter
wall/fence as depicted in Exhibits A, B and C of Attachment A; and
WHEREAS, the Town Council finds that the passage of this Ordinance is in the best
interest of the public.
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 of Westlake Town Council does hereby approve the Right-
of-Way License Agreement, attached as Attachment A, to allow Quail Hollow Developer to
install, maintain and operate a perimeter wall/fence within the Town of Westlake right of way on
adjacent to FM 1938 and Dove Road, as depicted in the construction plans identified as Exhibits
A, B and C of Attachment A, as attached hereto and incorporated herein.
SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town
Manager to sign the Right-of-Way License Agreement on behalf of the Town of Westlake.
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
Ordinance 787
Page 2 of 6
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: That this Ordinance shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 22 DAY OF AUGUST 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 787
Page 3 of 6
ATTACHMENT A
RIGHT_OF_WAY LICENSE AGREEMENT
This Right-of-way License Agreement (“Agreement”) is entered into as of
______________, ____ 2016, between the TOWN OF WESTLAKE, TEXAS, a municipal
corporation of Tarrant and Denton Counties, Texas (“Westlake”) and, Quail Hollow
Development I, LLC, in The Town of Westlake, Tarrant County, Texas (“Licensee”).
For and in consideration of a non-refundable fee of $1,000.00 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in
consideration of the covenants contained herein, Westlake and the Licensee agree as follows:
Subject to the terms of this Agreement, Westlake hereby grants to the Licensee a
perpetual, fully-paid license (“License”) over, under and across the property identified in
attached Exhibit A and Exhibit B, both of which are attached hereto and incorporated herein,
(“The License Tracts”) for the uses and purposes set forth herein, together with the right of
ingress and egress along and upon the License Tract. This grant is made subject to all matters of
record affecting the License Tract.
The License shall only be used for the purpose of constructing, installing, reconstructing,
replacing, using, operating, maintaining and removing a stone and/or metal fence and related
footings and improvements (collectively, “The Improvements”) as reflected in the perimeter
wall/fence construction plans attached as Exhibit C, attached hereto and incorporated herein.
The Improvements shall be constructed and installed substantially in accordance with the
construction plans and shall not create a visibility impairment for traffic.
Either party may terminate this Agreement, it its sole discretion, by giving the other party
180 calendar days written notice of such termination. In addition, this License may be
terminated by Westlake upon thirty (30) calendar days prior written notice to Licensee should
actual construction of the Improvements not be completed before December 31, 2016, subject to
reasonable extension for delays not the fault of Licensee. License may also be terminated as set
forth elsewhere in this Agreement. No portion of the fee shall be refunded upon termination.
Upon termination of this License, the Licensee shall completely remove the
Improvements and restore the License Tract to its prior condition.
Licensee agrees to file a complete application for a Building Permit, and pay all
applicable fees, for construction of the Improvements within 30 calendar days of the date that the
License Agreement is signed by both parties. The issuance of a Building Permit shall be subject
to all of the provisions of this License Agreement and shall no longer be deemed in force or
effect upon termination of the License Agreement by either party in the event the Improvements
have not been constructed as of the date of such termination.
The License, License Tract or Entryway is not assignable by the Licensee without the
prior written consent of Westlake.
Ordinance 787
Page 4 of 6
Licensee indemnifies Westlake from any and all liability resulting from any claims to the
extent arising out of resulting from the placement or construction of any improvements by
Licensee, its contractors or its agents, upon the License Tract. Licensee shall carry General
Liability insurance that names the Town of Westlake as an additional named insured in a form
acceptable to the Town. The insurance shall be in an amount set by the Town, but in no event
shall the required amount be less than $1 million or more than $2 million. The insurance shall at
a minimum always be in the amounts and the types as set out in the Right-of-Way Management
ordinance of the Town of Westlake, as currently exists or as may be amended from time-to-time.
Westlake reserves and retains the paramount right to use the License Tract and grant
other rights and Licenses across, over or under the License Tract to such other persons as
Westlake deems proper. Westlake may grant such other Licenses, rights, or uses within the
License Tract in Westlake’s sole discretion.
9. The rights granted to Licensee are subject and subordinate to the prior and
continuing right and obligation of Westlake to use the License Tract and surrounding property
without liability to Licensee or to any other party for compensation or damages.
10. Licensee’s rights are also subject to all outstanding superior rights (including
those in favor of licensees, lessees of the License Tract, and other holders of interests in the
Licensed Tract) and the right of Westlake to renew and extend the same, and are granted without
covenant of title or quiet enjoyment.
11. Westlake shall have the right to remove all improvements installed pursuant to
this Agreement or to carry out any other maintenance or restoration obligation of Licensee
hereunder, provided that Licensee has been given notice and a reasonable period of time of at
least 30 calendar days to take such actions and has failed to do so. Any relocation, removal, or
repair of such improvements or the License Tract performed by Westlake or any third party
contractors of Westlake shall be reimbursed by the Licensee. The notice period may be waived
and repairs or removal may be instituted immediately, if, in the judgment of Town officials, such
action is necessary for the safety, health or welfare of the Town, its residents, visitors or others.
12. Licensee shall repair any damage to improvements such as landscaping, paving,
curbs, retaining walls, sidewalks, and signage on the License Tract or surrounding property and
restore the surface of the License Tract and surrounding property from damage resulting from
Licensee’s use of the License Tract to Westlake's satisfaction.
13. Licensee shall not use the License Tract, or permit use of the License Tract, by
any other person, in a manner that violates applicable laws or regulations or constitutes a hazard
to the health, safety and/or welfare of the public. Except for the normal use of fuels, lubricants,
chemicals required to install and maintain the improvements installed hereunder and their normal
byproducts of use, Licensee shall not, and shall not permit any of its employees, agents,
contractors, subcontractors, suppliers or invitees to generate, manufacture or dispose of on or
about the License Tract or surrounding property any hazardous substance. If Westlake in good
faith believes that a hazardous substance may have been generated, manufactured or disposed of
on or about the License Tract by Licensee or any of its employees, agents, contractors,
Ordinance 787
Page 5 of 6
subcontractors, suppliers or invitees, Westlake may have environmental studies of the License
Tract or surrounding property conducted as it deems appropriate.
14. Except to the extent arising from the gross negligence or willful act or omission of
Westlake, Westlake shall not be responsible for any claims, suits, losses, liability, costs and
expenses from any User’s use of the License Tract. A “User” is defined Licensee and contractor
or agent of Licensee providing materials or service in connection with the design and
construction of the improvements constructed hereunder.
15. All notices required or permitted hereby shall be in writing and become effective
after being deposited in the U.S. mail, certified or registered with appropriate postage prepaid or,
if delivered by some other manner, when actually received. Notices to the parties shall be
addressed as follows:
To Licensee:
Quail Hollow Development I, LLC
935 W. Dove Rd
Southlake, Texas 76092
Attention: Bryan Elliott, President
To Westlake: The Town of Westlake
1301 Solana Boulevard, Building 4, Suite 4202
Westlake, TX 76262
Attention: Town Manager
With a copy to: Boyle & Lowry, L.L.P.
(which shall not constitute notice) 4201 Wingren Drive, Suite 108
Irving, TX 75062
Attention: L. Stanton Lowry
From time to time a party may designate a new address for the purpose of receiving
notices hereunder by giving notice of its new address to the other party in the manner provided
above.
12. This grant of the License shall terminate and revert to Westlake or its successors
in interest upon the termination of the License, or when the License Tract ceases to be used
exclusively for the purposes permitted herein for a period of more than one (1) year, it being
agreed that the construction and installation of the Improvements shall constitute “use” within
the terms of this License. For the purposes hereof, “abandonment” shall not include any
temporary periods when service is discontinued for regular maintenance purposes or during any
relocation construction work permitted under this License.
Ordinance 787
Page 6 of 6
EXECUTED to be effective as of the date first written above.
TOWN OF WESTLAKE, TEXAS
By: ___________________________________
Name: Thomas E. Brymer
Title: Town Manager
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on ______________ _____, 2016, by
THOMAS E. BRYMER, Town Manager of the Town of Westlake, on behalf of the Town of
Westlake, Texas.
__________________________________________
Kelly Edwards, Notary Public, State of Texas
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
By: ___________________________________
Name: Bryan Elliot
Title: President
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on ________________, 2016, by Bryan
Elliot, the President of Quail Hollow Development I, LLC, at _______________, Texas.
__________________________________________
Notary Public, State of Texas
EXHIBIT A
Ordinance 787
Ordinance 787
Ordinance 787
Ordinance 787
Ordinance 787
32"
72"
75"
78"26"36"CAP - 1" FLAGSTONE TOMATCH WALL COLOR12EA 8"x8"x16" CMU BLOCKw/REBAR SUPPORT16' IRON FENCE(NO FOOTER)CONCRETE FOOTER5" STONE LEDGE(EACH SIDE)4EA REBAR SUPPORT192" (16')16"218"12"5"2" SQUARE RAIL (TYP.)1/2" SQUARE PICKETS (TYP.)TOWN ROWINSTALL 30"DECORATIVE IRONEX. COMBINATIONRAILINGEX. CONC. RIP-RAPVARIESTYP. SECTION 'A' (NTS)TYP. SECTION 'B' (NTS)EX. HANDRAILTOWN ROW
EX. CONC. RIP-RAPVARIES15' ELECTRIC / WALL ESMTSCREEN WALLEX. RETAINING WALLQUAIL HOLLOWTOWN ROWQUAIL HOLLOWTOWN ROW1.5'TYP. SECTION 'C' (NTS)TOWN ROWSCREEN WALLQUAIL HOLLOWTOWN ROW1.5'30" DECORATIVE IRONCOMBINATIONRAILING BENTSHEET:PROJECT NO.:DATE:SCALE:DRAWN BY:QUAIL HOLLOWC I V I L E N G I N E E R I N G420 Johnson Road, Suite 303Keller, Texas 76248Fax 817-337-5133 Phone 817-337-8899DEOTTE, INC.WWW.DEOTTE.COMFIRM REGISTRATION: # F-003116 (TX)PERIMETER WALL EXHIBITWESTLAKE, TEXAS2015111-008/13/20153/16" = 1'CTR1 OF 11. SCREEN WALL STONE SHALL BE RANDOM NATURAL LEUDERS TAILINGS.2. MOCK UP WALL SHALL BE CONSTRUCTED ON SITE AND APPROVED BY THE OWNER PRIOR TO CONSTRUCTION.Ordinance 787
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Monday, August 22, 2016
TOPIC: Conduct a Public Hearing and Consider Approval of an application to
replat an approximately 2.616-acre portion of Planned Development
District 1, Planning Area 2 (PD 1-2), established by Ordinance 703 for the
property generally located south of State Highway 114, east of Davis
Boulevard, and north of Solana Boulevard, commonly known as Westlake
Entrada. The replat shows Block I, Lots 1 and 2X, and Block J, Lots 11-
16, 17X, 18X, and 19X; the proposed lots are located near the intersection
of Solana Boulevard, Granada Trail, and Cortes Drive.
STAFF CONTACT: Joel Enders, Development Coordinator & Management Analyst
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 1, 2016 Completion Date: August 22, 2016
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Ordinance 761, approved December 14, 2015, approved a final plat of Entrada that included
Block M (Primrose site), Block N (CVS Site), Block O (Information Center site), and Block A
(Retail Corner site). The remainder of Entrada Phase I was platted as Block B, Lot 1 (see
Attachment 1). This final plat was approved in an effort to accommodate closing deadlines
related to a CVS Pharmacy and Primrose School, and was accompanied by an amendment to the
Development Agreement (Res. 15-35, attached) to ensure timely completion of infrastructure
and acquisition of offsite easements necessary to serve Blocks M, N, O, and A. At the time
Ordinance 761 was approved, it was understood that the developer would eventually need to
Page 2 of 3
replace Block B, Lot 1 via replat or replats in order to fully define the necessary lots, easements,
rights-of-way, roads, etc. that were omitted from the first plat.
Instead of a single, comprehensive replat, the developer has chosen to submit a number of replats
that define sections of what is currently Block B, Lot 1. The application under consideration
establishes (1) Block J, including six residential lots, related easements, and rights-of-way, (2)
Block I Lot 1, (3) portions of Catalonia Drive, Cardona Drive, Cortes Drive, and Castellon
Drive, and (4) common area lots (depicted as lots 2X and 17X-20X on the replat). Residential
vehicular access is provided by a public access and utility easement (Catalonia Court), which
will be privately maintained but publicly accessible.
Pursuant to Entrada’s zoning (Ordinance 703), every lot, parcel, and tract in the development is
subject to PD Site Plan approval. Elevations, lot layout, and architectural details related to Block
J were approved via PD Site Plan on April 25, 2016 (Ord. 783), and Town staff has determined
that the plat under consideration substantially comports to the approved PD Site Plan. A PD Site
Plan for Block I is currently in the process of review and revision by Town staff and the
developer. When this PD Site Plan is brought forward for legislative approval, a replat of Block
I will be required in order to establish the lots, easements, rights-of-way, roads, etc. necessary to
support that specific area.
Town staff has determined that the subject replat substantially comports to the Entrada
Development Plan (Ordinance 720) and Preliminary Plat (Resolution 13-32).
Approval of this final plat is a prerequisite to the issuance of building permits for the first six
residential homes, but is not the only remaining requirement that the developer must meet:
1. Resolution 14-46 (attached), which amends the Entrada Economic Development agreement,
specifies that the developer must pay the Town $10,000 per residential unit depicted on
the approved PD Site Plan prior to the signing of each respective plat, to be used for the
benefit of Westlake Academy.
2. Exhibit A, Section 3(F) of the Entrada Development Agreement (Resolution 13-34,
attached), states that “There will be no building permits for the Development issued until
all public and private infrastructure for Phase 1, as shown on the approved
Development Plan and Preliminary Plat for the Development, has been completed and
accepted by the Town, unless a separate agreement for issuance of building permits that
amends this Agreement has been entered into and agreed to by the Town and the Developer.”
Note that the amendment to the Entrada Development Agreement specified in Resolution 15-
35 (attached) are only applicable to Blocks M, N, O, and A, and do not apply to the area
shown on this subject replat.
Staff recommended the amendment to the Entrada Development Agreement in order to facilitate
initial development; the developer may begin vertical construction prior to infrastructure
completion and acceptance in Blocks M, N, O, and A, but all public and private infrastructure
must be completed and accepted by the Town prior to the issuance of a Certificate of Occupancy
for any residential or commercial structure. All public and private infrastructure associated with
areas of Phase 1 outside these four blocks must be completed and accepted prior to the issuance
of any building permit for vertical construction.
Page 3 of 3
The developer has preliminarily approached Town staff regarding modification of Entrada’s
phasing plan, which would require additional amendments to the Entrada Development
Agreement and the approval of Town Council. However, in no circumstance will Town staff
recommend any agreement that would allow for the issuance of a building permit prior to the
completion and acceptance of all public and private infrastructure necessary to serve a particular
area.
RECOMMENDATION
Staff recommends approval of this application for replat.
The Planning and Zoning Commission recommended this item for approval during regular
session on August 1, 2016.
ATTACHMENTS
1. Existing Entrada Final Plat, approved 12/14/15 (Ord. 761)
2. Amendment to Entrada Economic Development Agreement, Resolution 14-46
3. Entrada Development Agreement, Resolution 13-34
4. Amendment to Entrada Development Agreement, Resolution 15-35
5. Ordinance Approving Proposed Replat
6. Replat Document
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LC=229.46m% THIS PLAT FILED IN INSTRUMENT N0._______________ SHEET 1 OF 5
TOWN OF WESTLAKE
RESOLUTION 14 -46
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AMENDMENTS ONE OF ONE TO THE ECONOMIC
DEVELOPMENT AGREEMENT WITH MAGUIRE PARTNERS, L.P. RELATED TO
THEIR DEVELOPMENT KNOWN AS ENTRADA IN WESTLAKE, TEXAS AND
AMENDMENTS ONE OF ONE TO THE ECONOMIC DEVELOPMENT AGREEMENT
AND TO THE DEVELOPMENT AGREEMENT RELATED TO THEIR
DEVELOPMENT IN WESTLAKE, TEXAS KNOWN AS GRANADA .
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments and Deloitte
University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, Granada,
and Entrada which are consistent with the Town's Comprehensive Plan, as well as enrollment
growth at Westlake Academy, all of which contribute to demand for improvements to Westlake's
infrastructure and public buildings, and
WHEREAS, the Town of Westlake (Town) and Maguire Partners, L.P. (the Developer)
desire to enter into a partnership to continue this planned growth through amendments to existing
development and economic development agreements previously approved for the Developer's
projects, Entrada and Granada, now under development in the Town, and
WHEREAS, the Town has an economic development policy adopted by Resolution 06-
19, and
WHEREAS, the agreements that the Town and the Developer wish to amend are the
Economic Development Agreement for Entrada approved by the Town in Resolution 13 -17 on
April 22, 2013, the Economic Development Agreement for Granada approved by the Town in
Resolution 13 -09 on February 25, 2013, and the Development Agreement for the Granada
approved by the Town on June 17, 2013, and
WHEREAS, the Town Council fords 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 Amendment One of One to the Entrada Economic Development Agreement originally
approved on April 22, 2013 in Resolution 13 -17, Amendment One of One to the Granada
Economic Development Agreement originally approved on February 25, 2013 in Resolution 13-
Resolution 14 -46
Page 1 of 2
09, and Amendment One of One to the Granada Development Agreement originally approved on
June 17, 2013 in Resolution 13 -25, and all such amendments to these agreements are attached
hereto to this resolution as Exhibits A, B, and C respectively.
SECTION 3: THAT, the Town Council of the Town of Westlake further authorizes the
Town Manager to execute said amendments to said agreements on behalf of the Town of
Westlake.
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 15TH DAY OF DECEMBER, 2014.
ATTEST:
v 1
Kelly ' dward -8 own Secretary
APPROVED AS TO FORM
L6tanton Lowry, Town Attorney
Lau a L. Wheat, Mayor
Thomas E. Brymer, ' own anager
Resolution 14 -46
Page 2 of 2
EXHIBIT A TO RESOLUTION NO. 14 -46
FIRST AMENDMENT TO THE ENTRADA ECONOMIC DEVELOPMENT
AGREEMENT
THIS AMENDMENT ONE (1) OF ONE (1) TO THE TOWN OF WESTLAKE
ECONOMIC DEVELOPMENT AGREEMENT (aka "the Amendment ") ESTABLISHED
WITH THE ADOPTION OF RESOLUTION 13 -17 AS ADOPTED BY THE WESTLAKE
TOWN COUNCIL FOR THE ENTRADA DEVELOPMENT is made and entered into this
15th day of December, 2014, by and between the Town of Westlake, Texas (the "Town "), and
Maguire Partners - Solana Land, L.P., a Texas limited partnership (the "Developer ").
WITNESSETH:
The Entrada Development ( "Development ") is a master planned mixed use project to be
constructed in Westlake and is currently being developed by Developer; and
On April 22, 2013, the Town and the Developer entered into the Economic Development
Agreement (the "Economic Development Agreement ") cited above which addressed various
development issues related to the Entrada Development (the "Development" as defined in this
agreement and provided for the payment of certain fees, the timing of certain construction and
the dedication of certain property, among others; and
The Developer and the Town desire to amend the Economic Development Agreement
contained in Resolution 13 -17 with the amendments herein.
In consideration of the foregoing premises and for other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant
and agree as follows:
1. The Economic Development Agreement Adopted by Resolution 13 -17
Remains in Full Force and Effect. The Town and Developer acknowledge and agree that,
except to the extent amended herein, all provisions and terms contained in the Economic
Development Agreement as adopted by Resolution 13 -17, including any other amendments or
addenda to the Economic Development Agreement besides this Amendment to the Economic
Development Agreement, remain in full force and effect.
2. Specific Amendments Contained in this Amendment One (1) of One (1) to
the Economic Development Agreement Adopted by Resolution 13- 17shall be amended as
follows:
5.2. Required Improvements - The Partnership's Specific Obligations.
a) In exchange for the Town's consideration of offering Program Resources,
the Partnership agrees to pay to the Town the sum of $10,000 for each
single family detached residential unit home /villa and $5,000 for each
Townhome and /or Condominium residence depicted on the approve Site
Resolution 14-46
Exhibit A
Page 1 of 5
Plan(s) which shall be used for the benefit of the Westlake Academy. The
amount of payment will be calculated by multiplying the number of single
family detached residential lets units depicted on each approved Site Plan
by $10,000, and multiplying the number of Townhoine and /or
Condominium residences lots depicted on each approved Site Plan by
5,000 which shall be due and payable to the Town prior to the signing of
each respective final plat. Any residential use allowed by zoning located
on a lot in the Development that has been final platted, but the residential fee
for Westlake Academy has not been paid, shall pay said fee at the time of
application for a building permit.
h) The Partnership will designate and reserve a site of a size (acreage) deemed
appropriate by the Town at a mutually agreeable location on the Final Plat in
anticipation of construction of a future Town Hall. The land will remain
under the fee simple ownership of the Partnership. The land will remain
undeveloped and designated for a Town Hall site for five (5) years
commencing on the date of execution of this economic Development
Agreement. If after the expiration of the five (5) years, the Town has not
entered into an agreement with the Partnership to construct a Town Hall, the
reservation of the property for a Town Hall site will be removed and the
Partnership shall be allowed to develop the property subject to compliance
with all PD 1 2 zoning requirements and development regulations.
h) Developer agrees to immediately convey fee simple by warranty deed Tract
17 as shown on the Public Improvement District (PID) Appraisal prepared
by Jackson Claiborne, Inc. dated November 15, 2014, the Development
Agreement for Entrada approved by the Town on October 28, 2013, the
metes and bounds description for this tract, and the preliminary plat for
Entrada approved by the Town on October 28, 2013 all of which are
attached as exhibits to this Amendment. Said conveyance of said tract will
be without any conditions, encumbrances, and liens on the tract other than
CCR's approved by the Town and design criteria established by the Town
and Developer for this development. Further, the Developer agrees to
convey to the Town this Tract 17 with no current or future PID assessments.
5.3. Required Improvements - Town of Westlake Specific Obligations
c) The Town will consider locating a Town Hall and /or other public buildings in
the Development. The schedule and phasing for such public improvements
Agreement to be considered by the Town prior to, or after, the Partnership
begins construction.
3. Binding Obligation. This Amendment to the Economic Development Agreement shall
become a binding obligation of the signatories upon execution by all signatories hereto. The
Resolution 14-46
Exhibit A
Page 2 of 5
Town warrants and represents that the individual executing this Amendment to the Development
Agreement on behalf of the Town has full authority to execute this Amendment to the
Development Agreement and bind the Town to the same. Developer warrants and represents
that the individual executing this Amendment to the Economic Development Agreement on its
behalf has full authority to execute this Amendment to the Economic Development Agreement
and bind it to the same.
4. Authorization. The Town Council shall authorize the Town Manager of the Town to
execute this Amendment to the Economic Development Agreement on behalf of the Town.
5. Severability. In the event any provision of this Amendment to the Development
Agreement shall be determined by any court of competent jurisdiction to be invalid or
unenforceable, the Amendment to the Development Agreement shall, to the extent reasonably
possible, remain in force as to the balance of its provisions as if such invalid provision were not
a part hereof
7. Filing in Deed Records. This Amendment to the Development Agreement shall be filed
in the deed records of Tarrant County, Texas. The provisions of this Amendment to the
Development Agreement shall be deemed to run with the Property and shall be binding on heirs,
successors and assigns of Developer-
8. Notices. Any notices required or permitted to be given hereunder shall be given by
certified or registered mail, return receipt requested, to the addresses set forth below or to such
other single address as either party hereto shall notify the other:
To the Town: Attn: Thomas E. Brymer
Town Manager
3 Village Circle, Suite 202
Westlake, Texas 76262
FAX: 817.430.1812
With a copy to: Attn: L. Stanton Lowry
Town Attorney
Boyle & Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
FAX: 972.650.7105
To the Developer:
With a copy to:
Attn: Mehrdad Moayedi
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
FAX: 817.391.2501
Miklos Law, PLLC
Attn: Robert Miklos
1800 Valley View Lane, Suite 360
Resolution 14 -46
Exhibit A
Page 3 of 5
Farmers Branch, Texas 75234
E -mail: robert@mikloslegal.com
9. Counterparts. This Amendment may be executed in counterparts, each of which
shall be deemed an original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of this
the 15th day of December, 2014.
ATTEST:
Jaa}&-
Name: KellyEdwards
Title: Town Secretary
APPROVE tt TO FOR
TOWN OF WESTLAKE
By: i; fZ /r kie
Name: Thomas E. Brynt&
Title: Town Manager
Date: 1.2- ll i4-
ame: L. St
Title: Town Attorney
Resolution 14-46
Exhibit A
Page 4 of 5
DEVELOPER
MAGUIRE PARTNERS - SOLANA LAND, L.P.
By: MMM Ventures, LLC, its general partner
By: 2M Ventures, LLC, its manager
By:
Mehrdad Moayedi, Manager
STATE OF TEXAS
COUNTY OF laZ.YYpir-i)— )
This instrument was acknowledged before me on the )5 day of b(' 'j p,
2014, by Mehrdad Moayedi in his capacity as Manager of Maguire Partners - Solana Land, L.P.,
known to be the person whose name is subscribed to the foregoing instrument, and that he
executed the same on behalf of and as the act of Maguire Partners - Solana Land, L.P.
My Commission Expires:
Notary Public, Stare o f Texas
Resolution 14 -46
Exhibit A
Page 5 of 5
PO
il
TOWN OF WESTLAKE
RESOLUTION 13-34
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A DEVELOPMENT AGREEMENT WITH
MAGUIRE PARTNERS, L.P. RELATED TO THEIR DEVELOPMENT KNOWN AS
ENTRADA IN WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments and Deloitte
University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, and
Granada, and Entrada which are consistent with the Town's Comprehensive Plan, as well as
enrollment growth at Westlake Academy, all of which contribute to demand for improvements to
Westlake's infrastructure and public buildings, and
WHEREAS, the Town of Westlake (Town) and Maguire Partners, L.P. (the Developer)
desire to enter into a partnership to continue this planned growth through a development
agreement which sets out responsibilities for the Developer as a part of their development known
as Entrada (the zoning for which was approved in Ordinance 703 approved on April 22, 2013)
regarding off-site costs, the need for which are created by the Entrada development, including
Solana Boulevard improvements, traffic signals, contributions for Westlake Academy, as well as
maintenance of public and private open spaces/amenities in and adjacent to said Entrada
development, and
WHEREAS, the Town has an economic development policy adopted by Resolution 06-
19 and the Town and the Developer have (per Resolution 13-17 approved on April 22, 2013)
made commitments according to certain terms and conditions in an economic development
agreement approved under this economic development policy; 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 Development Agreement with the Developer attached hereto as Exhibit "A'; and
further authorizes the Town Manager to execute said agreement on behalf of the Town of
Westlake.
Resolution 13-34
Pagel 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 28TH DAY OF OCTOBER, 2013.
OF 11
rn Laura/Wheat, Mayor
ATTEST: 2
A S
Kelly Edw s, Town
Secretaryf
Thomas E. Town Manager
APPROV TO M:
Lowry, o Att ey
Resolution 13-34
Page 2 of 2
EXHIBIT A
CENTURION AMERICAN, INC.
DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT
Agreement between the Town of Westlake, Texas, (the "Town"), Maguire Partners-
Solana L.P. (the "Developer"), as sole owner and Developer of the property generally located on
the east side of FM 1938, north of Solana Blvd. and south of SH 114 shown on the Entrada
Boundary Description and Map, Attachment "A", attached hereto and incorporated herein by
reference. This agreement concerns the development of a mixed-use development approved on
April 22, 2013 by Ordinance No. 703 and described in the Economic Development Agreement
adopted by Resolution No. 13-17 on April 22, 2013 for Planning Area 1-2 ("PD 1-2"), more
commonly known as the "Development" and provisions for the installation of certain public
improvements to support the development, easements and community facilities (the
improvements") located therein; and for the assurance of completion and maintenance thereof.
This Agreement shall solely relate to the development of PD 1-2 as has been determined
by the submittal and approval of the Developer's zoning approved April 22, 2013 by Ordinance
No. 703 and in the Economic Development Agreement approved by Resolution No. 13-17
approved on April 22, 2013.
SECTION 1: DEFINITIONS
In addition to the terms defined in the body of this Agreement, the following terms shall have the
definitions ascribed to them as follows:
Agreement shall mean this Development Agreement between the Town of Westlake and
Centurion American, Inc.
Affiliate shall mean all entities, incorporated or otherwise, under common control with,
controlled by or controlling the Developer. For purposes of this definition, "control" means fifty
percent (50%)or more of the ownership determined by either value or vote.
Developer shall mean the Partnership and/or its Affiliates or assigns.
Development shall have the meaning ascribed to it in Section 2.A of this Agreement.
Development Plan shall an approved Development Plan completed by the Developer in
compliance with Section 102-268 of the Town of Westlake Code of Ordinances and approved by
the Town of Westlake which shall govern the approval of all Site Plans as defined in this section
that are submitted for construction in the Development.
Resolution 13-34
Page 1 of 19
Economic Development Agreement shall mean that agreement and all its terms and
conditions as approved by the Town Council on April 22, 2013 by Resolution 13-17 and
approved by the Developer on April 22, 2013.
Entrada shall mean the mixed-use village planned development depicted on the Entrada
Boundary Description and Map, Attachment "A", and as described in Section LA, consisting of
retail, commercial, hotel, and entertainment uses and 322 residential units consisting of single
family detached homes, townhomes and condominiums and as further described in Ordinance
No. 703 as well as the Economic Development Agreement approved by the adoption of
Resolution 13-17.
Partnership has the meaning ascribed to it in the preamble of this agreement.
PD1-2 shall mean the planned zoning district located on the tract shown on Exhibit A to
this agreement as zoned by Ordinance No. 703 adopted April 22, 2013 and subject to the terms
and conditions of the Economic Development Agreement adopted by the Town in Resolution 13-
17 on April 22, 2013 and approved by the Developer that same date.
Property Owners Association shall mean an organization established by the Developer
for the Development, the membership will be comprised of and mandatory for all owners of real
property in the Development and whose Bylaws and Regulations as well as the Declaration of
Restrictions, Covenants and Conditions shall be approved by the Town prior to filing in the Deed
of Trust records of Tarrant County, Texas.
Public Improvement District or PID shall mean that special district as may be established
for the Development as set out in Chapter 372 of the Texas Local Government Code and subject
to the provisions of Article 5. 3 of the Economic Development Agreement between the Town and
the Developer as approved by both parties on April 22, 2013.
Residential Unit shall be defined by Ordinance No. 703 adopted on April 22, 2013 and
shall include condominiums, townhomes, and single family detached residential units as defined
in Ordinance No. 703. All residential units are custom homes as defined in this section of this
Agreement.
Site Plan shall mean an approved Planned Development Site Plan comporting to an
approved Development Plan completed by the Developer in compliance with Section 102-268 of
the Town of Westlake Code of Ordinances and adopted by the Town of Westlake.
Town means the Town of Westlake, Texas, and its officials assigned by the Town
Manager to review and approve submittals in accordance with the Town of Westlake Code of
Ordinances and published standards, restrictions, rules and regulations.
Town Hall shall mean any building or buildings designated by the Town for
governmental use associated with the administration and operations of the Town of Westlake.
Resolution 13-34
Page 2 of 19
SECTION 2 GENERAL REQUIREMENTS FOR THE DEVELOPER
A. Construction of Entrada Development. The Developer convenants to develop the
Development property shown as Exhibit A to this Agreement as defined above in
this agreement known as Entrada. Said Development known as Entrada will be a
mixed-use development emulating a Spanish type village and consist of uses
allowed in Ordinance No. 703 and the Economic Development Agreement
approved by Resolution 13-17 including residential units, retail, office, hotel and
entertainment uses.
B.Completion Date of Development. The Developer covenants with the Town
that all required public improvements (infrastructure and common area
improvements) to be completed by the Developer hereunder, shall be completed
no later than five(5) years following the date of issuance of a notice to proceed on
Phase 1 as shown on the approved preliminary plat for Entrada.
C. Completion of Agreement. This Agreement shall not be considered complete
until:
1. Record drawings for all streets and utilities including street lighting in
the development, certified by the Developer Engineer, are filed with
the Town Engineer and provided as follows:
a. Three (3) sets of record drawings,
b. One (1) set of mylars,
c. Digital record drawings with GIS spatial data and coordinates
compatible with the latest version of ArcView/ArcGIS
d. Digital record drawings compatible with the latest version of
AutoCAD
2. The Developer has fulfilled the requirements as specified in Section
4.13, Agreement to Escrow, of this agreement.
3. The Town has issued a letter of acceptance and it has been filed as
described in Section 2.C, Covenant Running with Land, of this
agreement.
D. Covenant Running With the Land. The covenants contained herein shall run with
the land comprising the development and bind all successors, heirs and assignees
of the Developer until all the improvements are complete and the Town Engineer
provides a letter of acceptance of said improvements. At that time only the
maintenance and other continuing obligations continue to bind all successors,
heirs and assignees. In addition, this Agreement and the letter of acceptance for
the improvements shall be filed on record in the Deed Records of Tarrant County,
Texas as evidence thereof.
Resolution 13-34
Page 3 of 19
E. Security for Completion of Public Improvements. The Developer shall obtain a
performance bond with the Town as co-obligee from the general contractor and
subcontractors to ensure completion of the required public improvements to be
completed by the Developer, as stipulated in this Agreement, and assign such
performance bond to the Town or cause the Town to be a co-obligee. The
performance bond shall be in the amount of 100 percent of the funds estimated by
the Town Engineer to be necessary to pay for all public and private infrastructure
excluding gas, electric, and telecommunications) according to approved plans.
The bond amount shall be reduced on a pro-rata basis as the improvements are
accepted by the Town Engineer as evidenced by a letter of acceptance. The
Developer will have forty-five (45) calendar days to provide the performance
bond from the date of approval of construction plans.
F. Temporary Improvements. If temporary improvements related to this
development are required by existing ordinances, statute or federal law, the
Developer shall enter into and file a separate improvements agreement and
escrow, or provide an authorized letter of credit, in an appropriate amount to
ensure the proper construction, maintenance and removal of the temporary
improvements. The Developer shall build and pay for all costs of temporary
improvements required by the Town and shall maintain those improvements for
the period specified by the Town. In addition to the foregoing, the Developer shall
pay for a geotechnical site assessment and environmental assessment for all
temporary accesses to the development. Any temporary road or roads to be
constructed by the Developer to provide temporary access must comply with
Town standards.
G. Developer Engineer. The Developer must employ a civil engineer, architect or
landscape architect, as appropriate, licensed to practice in the State of Texas, for
the design and preparation of the plans and specifications for the construction of
all improvements to be constructed by the Developer covered by this Agreement.
H. Contractor Approval. On all public improvements for which the Developer
awards its own construction contract(s), the Developer must employ a
construction contractor that meets the Town's regulatory standards and statutory
requirements for being insured, licensed and bonded to do work in public streets
and/or public projects and be qualified in all respects to bid on public streets and
upon public projects of similar nature, as the case may be.
I.Responsibility for Contractor/Subcontractor Fees. On all public improvements
for which the Developer awards its own construction contract(s) or subcontracts,
the Developer shall be responsible for all costs incurred in the procurement of
such services, labor and materials.
J.Upkeep of Property While in Development. The Developer will be responsible
Resolution 13-34
Page 4 of 19
for mowing all grass and weeds and otherwise reasonably maintaining all land
within the Development which has not been sold to third parties. After fifteen(15)
calendar days written notice, should the Developer fail in this responsibility, the
Town may contract for this service and bill the Developer for reasonable costs.
Should the costs remain unpaid for thirty (30) calendar days after notice, the
Town may file a lien on the property so maintained.
K. Dedication of Property. If required by the Town Engineer, any dedication to the
Town of real property as shown on the approved preliminary plat or final plat,
including right-of-way and easements, shall include a metes and bounds
description for conveyance by either final plat or separate instrument.
L. Property Owners Association. The Developer shall establish a Property Owners
Association for the Development with by-laws and regulations consistent with
this Agreement and the Town's pertinent Ordinances and Development Codes.
The Developer shall submit the organization documents to the Town Attorney for
verification of the inclusion of pertinent terms of this Agreement and approval by
the Town prior to the recordation of same. The Developer must file in the Deed
Records of Tarrant County, Texas, a Declaration of Restrictions, Covenants and
Conditions. All Declaration of Restrictions, Covenants and Conditions for the
Development shall be approved by the Town prior to their filing in the Deed
Records of Tarrant County, Texas. Membership in the Property Owners
Association shall be mandatory for all owners of real property in the
Development. The Property Owners Association shall establish an Architectural
Control Committee as set out in the Restrictions, Covenants, and Conditions for
the Development. In addition, the Developer or the Property Owners Association
shall be responsible for maintaining all private streets, private infrastructure, and
private and public common areas, open spaces and facilities, and for enforcing the
restrictions, covenants, and conditions.
SECTION 3 CONSTRUCTION PROCEDURES FOR THE DEVELOPER
A. Engineering Standards. Developer covenants that all public works protects and
improvements to be completed by the Developer shall be constructed in
accordance with the PD 1-2 engineering standards approved by the Town prior to
issuance of the Town's authorization of construction to proceed.
B. Pre-construction Conference. A pre-construction meeting for the construction of
the improvements to be completed by the Developer between the Developer and
Town Engineer is required. The Developer or contractor(s) and subcontractors
shall furnish to the Town a list of all subcontractors and suppliers that will be
providing greater than a $10,000 value to the development. All contractors and
subcontractors shall be registered with the Town and must comply with all
applicable ordinances, rules and regulations.
C. Conditions Prior to Construction. Prior to authorizing construction, the Town
Engineer shall be satisfied that the following conditions have been met:
1. The approved preliminary plat and site plan reflect all Town conditions of
approval.
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I All required plans and contract documents, if any, shall have been
completed and filed with the Town.
3. All necessary easements or dedications required for public facilities and
improvements, as shown on the approved preliminary plat, shall be
conveyed solely to the Town by final plat.
4. All contractors participating in the construction shall be presented with a
set of approved plans bearing the Town Engineer stamp of release. These
plans must remain on the job site at all times.
S. A complete list of the contractors, their representatives on the site, and
telephone numbers where a responsible party may be reached at all
times must be submitted to the Town.
6. All applicable fees must be paid to the Town.
7. The Developer or contractor must furnish to the Town an insurance
policy of general liability in the amount of$1,000,000 naming the Town
as additional insured,prior to the commencement of any work within the
development, or construction of the improvements by the Developer of
contractor.
D. Inspections. Construction of all improvements to be completed by the Developer
shall be subject to periodic inspections by the Town Engineer or the Town
Engineer's designee. The Developer shall be responsible for completing and/or
correcting public improvements completed by the Developer not constructed in
accordance with the Town approved construction plans. Any change in design
required during construction shall be reviewed and approved by the Town
Engineer.
E. Commencement of Excavation. The Developer may commence excavation for
upon the date of the Town Engineer issuing comments for his initial review of the
Engineering Plans or not sooner than ten (10) days following submission of the
Engineering Plans, which shall include submission of the Mass Grading
Construction Plans.
F. Initial Allotment of Building Permits. Building permits for this Development will
be allotted and issued according to Section 3 and Exhibit 7 of Ordinance No. 703
for PD 1-2. There will be no building permits for the Development issued until all
public and private infrastructure for Phase 1, as shown on the approved
Development Plan and Preliminary Plat for the Development, has been completed
and accepted by the Town, unless a separate agreement for issuance of building
permits that amends this Agreement has been entered into and agreed to by the
Town and the Developer.
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SECTION 4 DEVELOPER'S OBLIGATION
A. Open Space and Lighting Plan
1. The Developer shall submit to the Town Manager, or his designee, a
Landscape, Open Space and Lighting Plan that complies with all Town
Ordinances, Codes, rules and regulations. Upon review by the Town
Manager, or his designee, the Town Manager may approve or deny the
submittal or refer the submittal to P&Z and or Council for review and
approval.
2. The Developer shall construct, maintain and be responsible for any and all
costs associated with, and necessary to provide open space improvements
included in the Town approved Landscape, Open Space and Lighting Plan.
Plans for the improvements must be submitted to the Town Manager for
approval before work is commenced. In addition to any other improvements
to be constructed and maintained by the Town's ordinances, rules and
regulations, the Developer covenants to construct the following
improvements which shall be solely the Developer's cost:
a. Twelve feet (12') and Eight feet (8') wide concrete hike and bike
trails within and surrounding the entire Development as depicted on
the approved Development Plan.
B. Agreement to Escrow
Within forty-five (45) calendar days of construction plan approval, the Developer
shall escrow funds as stipulated to complete the design and construction necessary
to support roadway and signalization improvements listed herein.
1.Thoroughfare and Signal Improvements
a.Traffic Study
The Developer represents that they have submitted an updated
traffic study acceptable to the Town that includes estimated
completion costs for various on and off-site traffic and
transportation improvements described as follows:
i) Solana Boulevard completion
ii) Traffic signal at FM 1938/Davis Blvd and Solana
Boulevard
iii) Traffic signal at the intersection of Solana Blvd and the
unnamed road which will serve as the main entry into the
Entrada development and which will be designed to line up
with the main entry off Solana Blvd. to PD 1-3 "Granada"
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2. Solana Blvd.
Within forty-five (45) calendar days of construction plan approval, the
Developer shall place into escrow funds or equivalent letter of credit or
performance bond in form and substance reasonably acceptable to the
Town as the Town deems sufficient to design and construct eighty-eight
percent (88%) of the cost estimated in the traffic study for Solana Blvd.
improvements, Attachment "D", necessary to accommodate traffic volumes
as described in the traffic study. Should escrowed amount, letter of credit,
or performance bond that is provided by the Developer, as estimated in
Attachment "E", be deemed insufficient to at the time of construction to
complete the required improvements, the Developer shall provide
additional funds to cover the difference between the actual and estimated
costs.
3. Traffic Signal—FM 1938/Davis Blvd. and Solana Blvd.
Within forty-five (45) calendar days of construction plan approval, the
Developer shall place into escrow funds or equivalent letter of credit or
performance bond in form and substance reasonably acceptable to the
Town as the Town deems sufficient to design and construct eighty-eight
percent (88%) of the cost estimated in Attachment "E" necessary to
complete the improvements identified in the traffic study, Attachment "D
for traffic signals at the intersection of FM 1938/Davis Blvd. and Solana
Blvd. Should escrowed amount, letter of credit, or performance bond that is
provided by the Developer, as estimated in Attachment "E", be deemed
insufficient to at the time of construction to complete the required
improvements, the Developer shall provide additional funds to cover the
difference between the actual and estimated costs.
4. Traffic Signal— Solana Blvd and unnamed road into Entrada and Granada.
Within forty-five (45) calendar days of construction plan approval, the
Developer shall place into escrow funds or equivalent letter of credit or
performance bond in form and substance reasonably acceptable to the
Town as the Town deems sufficient to desian and construct eighty-eiizht
88%) of the cost estimated in Attachment "E" necessary to complete the
improvements identified in the traffic study, Attachment "D at the
intersection of Solana Blvd. and the unnamed road which shall enter into
PD 1-2 "Bntrada" and PD 1-3 "Granada". Should escrowed amount, letter
of credit, or performance bond that is provided by the Developer, as
estimated in Attachment "E", be deemed insufficient to at the time of
construction to complete the required improvements, the Developer shall
provide additional funds to cover the difference between the actual and
estimated costs.
5. Traffic Signal— Solana Blvd and SH 114 - Within forty-five (45)
calendar days of construction plan approval, the Developer shall place into
escrow funds or equivalent letter of credit or performance bond in form and
substance reasonably acceptable to the Town as the Town deems sufficient
to design and construct eiszhty-eight percent (88%)of the cost estimated in
Attachment "E"necessary to complete the improvements identified in the
traffic study for traffic signals, Attachment "D", at the intersection of
Solana Blvd. and SH 114. Should escrowed amount, letter of credit, or
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Page 8 of 19
performance bond that is provided by the Developer, as estimated in
Attachment "E", be deemed insufficient to at the time of construction to
complete the required improvements, the Developer shall provide
additional funds to cover the difference between the actual and estimated
costs.
6. Signalization Warrants
The Town shall cause the signalization improvements to be constructed at
such time as warranted according to TXDOT warrant standards and the
approval of the Town Manager.
D. Maintenance of Entrada Improvements
1. The Developer, and/or Public Improvement District and/or Property
Owners Association shall perpetually maintain improvements as shown on
the approved Concept. Development, and/or Site Plans or the approved
Preliminary Plat. whether on public or private property, as follows:
a. all irrigation.
b. all landscaping,
c. all sidewalks and trails
d. water features
e. Dublic art
E all Drivate or publicly dedicated streets
g. all Drivate or Dubliclv dedicated drainage infrastructure
h. and all other improvements that occur within the development, with the
exception of publicly dedicated water, sanitary sewer, and
telecommunication ductbank infrastructure within the development as
defined by:
i. the east curb of FM 1938/Davis Blvd to the development;
ii. the north curb of Solana Blvd.;
iii. the east development boundarv:
iv. and the southern curb of SH 114.
2. All trails. as shown on the Development Plan. or Site Plan(s) or Preliminary
Plat. whether built on public rights-of-wav or Developer's propertv. will be
Dubliclv accessible and maintained in DerDetuity by the Developer, and/or
Public Improvement District and/or Property Owners Association.
E. Streetscape Improvements
1. Streetscape improvements on FM 1938/Davis Blvd. and Solana Blvd. shall
be submitted with the Landscape, Open Space and Lighting Plan and shall
comply with the Streetscape Plan prepared by Schrickel Rollins (SRA)
attached hereto as Attachment "B".
a. Streetscape improvements shall be completed prior to approval of
a Final Plat or satisfaction of requirements in Section 2.E.
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b. Construction plans for streetscape improvements shall be approved
by the Town Manager or his designee prior to the beginning of
construction.
C. Streetscape improvements shall be completed by and perpetually
maintained by the Developer.
F. Lot Landscaping
The Developer shall require that the homebuilders in the development be
responsible for providing landscaping for each individual lot as required by the
PD 1-2 zoning ordinance, the approved Development Plan, and/or any approved
Site Plans for the Development.
G. Amenities
1. All Development signage and associated landscaping shall comport to the
approved Development Plan, and must be approved by the Town prior to
construction. All subdivision signage will be owned and maintained by
the Developer or the Property Owners Association.
2.Culverts, where required, shall consist of stone-faced construction and
shall be approved by the Town as set forth in the Town of Westlake's
Code of Ordinances.
H. Westlake Academy pact
1.As set forth in the Economic Developer's Agreement approved by Town
Council Resolution 13-17, the Developer agrees to pay to the Town the
sum of $10,000 for each residential unit depicted on the approved
Development Plan and Site Plan(s) for Entrada, attached hereto as
Attachment "C" which shall be used for the benefit of the Westlake
Academy.
a.the amount of payment will be calculate by multiplying the total
number of lots depicted on each approved final plat by$10,000;
b.the amount for each final plat being due and payable to the Town
prior to the signing of the final plat with said date for signing of the
final plat not occurring more than thirty (30) calendar days after
the final plat is approved by the Town.
C.Delayed and/or insufficient commitments of these payments will
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Page 10 of 19
affect issuance of building permits under the terms of this
Agreement, the Economic Development Agreement dated April
22, 2013 and Ordinance No. 703.
I.Reimbursement of Legal and/or Consulting Fees
1.The Developer shall reimburse the Town for actual costs of legal and/or
consulting fees incurred by the Town related to the preparation and review
of this Agreement, and all other related documents deemed necessary by
the Town related to the Development.
2.Such reimbursement of fees are due and payable by the Developer upon
receipt of invoices from the Town.
J.Parkland Dedication Fees
As contemplated in the approved Economic Development Agreement for this
Development, parkland dedication fees in their entirety for this Development are
waived by the Town and considered to be met in full through the approved
Development Plan which provides for a 10 acre Town lake, 12' perimeter trails
throughout most of the development as well as trail connectivity to adjacent tracts
and roadways as well as provision of public and private open spaces/plazas within
the Development.
K. Provision of Town Hall Site
Developer agrees to comply with the terms of Section 5.2(h) contained in their
Economic Development Agreement with the Town approved by the Town by
Resolution 13-17 for reserving a Town Hall Site in the Development.
L. Developer Warrants Use of Town of Westlake Water and Sanitary Sewer Services
The Developer warrants and agrees that he has requested and will receive potable
water and sanitary sewer service for the Development from the Town.
SECTION 5 TOWN'S OBLIGATIONS
A. The only publicly dedicated infrastructure for which the Town will have perpetual
maintenance responsibility will be the potable water system, sanitary sewer
system, and the telecommunication duct bank infrastructure.
SECTION 6 DEFAULT, TERMINATION AND FAILURE BY THE DEVELOPER TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
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A. 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 Development become delinquent
and the Developer 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 the Developer in writing and the Developer 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 the Developer and shall have all other rights and
remedies that may be available to it under the law or in equity.
B.Violations of Town Code, State or Federal Law
An event of default shall occur under this Agreement if any written citation is
issued to the Developer or an Affiliate due to the occurrence of a violation of a
material provision of the Town Code in the Development (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 Development,
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 the Developer or an Affiliate, or
any successor in interest thereto or any third party with access to the Development
pursuant to the express or implied permission of the Developer 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 Development, improvements in the
Development or any operations thereon (including, without limitation, any
violations related to the environmental condition of the Development; the
environmental condition on other land or waters which is attributable to
operations of the Development; or to matters concerning the public health, safety
or welfare). Upon the occurrence of such default, the Town shall notify the
Developer in writing and the Developer shall have (i) thirty(30) calendar days to
cure such default or(ii) if the Developer 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
the Developer and shall have all other rights and remedies that may be available
to under the law or in equity.
C.General Breach
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Unless stated elsewhere in this Agreement, the Developer shall be in default
under this Agreement if the Developer 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 the Developer 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 the Developer.
SECTION 7. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP
It is expressly understood and agreed that the Developer shall not operate as an
independent contractor or as an agent, representative or employee of the Town.
The Developer shall have the exclusive right to control all details and day-to-day
operations relative to its operations and obligations that it is required to perform
under the Agreement and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. The Developer acknowledges that the doctrine of respondeat superior
will not apply as between the Town and the Developer, its officers, agents,
servants, employees, contractors, subcontractors, licensees, and invitees. The
Developer further agrees that nothing in this Agreement will be construed as the
creation of a Developer or joint enterprise between the Town and the Developer.
SECTION 8 INDEMNIFICATION
THE DEVELOPER,AT NO COST OR LIABILITY TO THE TOWN,AGREES
TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS,
ELECTED AND APPOINTED OFFICIALS, 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 PROPERTYDAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO THE
DEVELOPER' BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY, INCL UDING DEATH, THAT MAY RELATE
TO, ARISE OUT OF OR BE OCCASIONED BY (i) THE DEVELOPER'
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF THE DEVELOPER, ITS OFFICERS, AGENTS,
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Page 13 of 19
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR
RELATED TO, FROM, OR ARISING FROM OPERATION AND COND UCT
OF ITS OPERATIONS AND OBLIGATIONS OR OTHERWISE TO THE
PERFORMANCE OF THISAGREEMENT.
SECTION 9 INDEMNITY AGAINST DESIGN DEFECTS
APPROVAL OF THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE,
OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY PLANS,
DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER
UNDER THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED
TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE
DEVELOPER, ITS ENGINEER, CONTRACTORS, EMPLOYEES,
OFFICERS, OR AGENTS FOR THE ACCURACY AND COMPETENCY OF
THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT
BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, HIS
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE
INTENT OF THE PARTIES THAT APPROVAL BY THE TOWN ENGINEER
OR OTHER TOWNEMPLOYEE, OFFICIAL, CONSULTANT, OR OFFICER
SIGNIFIES THE TOWN APPROVAL OF ONLY THE GENERAL DESIGN
CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS
CONNECTION, THE DEVELOPER SHALL INDEMNIFY AND HOLD
HARMLESS THE TOWN, ITS OFFICIALS, OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY
OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY AND
INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH
MA Y ARISE O UT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF
THE ENGINEER DESIGNS AND SPECIFICATIONS INCORPORATED
INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE
THEREWITH, AND THE DEVELOPER SHALL DEFEND AT HIS OWN
EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST
THE TOWN, ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES, OR ANY OF THEM, ON ACCOUNT THEREOF, TO PAY
ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE
INCURRED BY OR RENDERED AGAINST THEM, COLLECTIVELY OR
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INDIVIDUALLY, PERSONALLY OR IN THEIR OFFICIAL CAPACITY, IN
CONNECTION HEREWITH.
SECTION 10 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.
SECTION 11 ASSIGNMENT AND SUCCESSORS
The Developer 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 long as The Developer, the Affiliate and the Town first execute an
agreement approved by the Town Council of the Town under which the Affiliate
agrees to assume and be bound by all covenants and obligations of The Developer
under this Agreement. Otherwise, The Developer 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, which said consent
may be withheld at the Town's sole discretion, 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 The Developer
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 The
Developer. Any lawful assignee or successor in interest of The Developer of all
rights under this Agreement shall be deemed "The Developer" for all purposes
under this Agreement.
SECTION 12 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.
SECTION 13 GOVERNMENTAL POWERS
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Page 15 of 19
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.
SECTION 14 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.
SECTION 15 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.
SECTION 16 NO THIRD PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of the
Town and The Developer, and any lawful assign or successor of The Developer,
and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
SECTION 17 FORCE MAJEURE
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligation hereunder, other than those obligations contained
in Sections 5.2.a of this Agreement, is delayed by reason of war, civil commotion,
acts of God, inclement weather that prohibits compliance with any portion of this
Agreement, 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.
SECTION 18 INTERPRETATION
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Page 16 of 19
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.
SECTION 19 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.
SECTION 20 CAPTIONS
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
SECTION 21 ENTIRETY OF AGREEMENT
This Agreement, including any attachments attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between the Town and The Developer, and any lawful assign and successor of
The Developer, 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.
SECTION 22 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.
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EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: MAGUIRE PARTNERS-SOLANA LAND, L.P.
By: MMM Ventures, LLC,it general partner
By: 2M Ventures, LLC, its manager
By: By:i
Thomas 9. Brymer Medrdad Moayedi
Town Manager
Date: ID 29 Zq5 Date:
APPROVED AS TO FORM AND LEGALITY:
By:Aanton 9
Town Attorney
ATTACHMENTS
A"— Entrada Boundary Description and Map
B"—Schrickel Rollins FM 1938 StreetScape Master Plan
C"—Approved Entrada Development Plan and Preliminary Plat
D"—Traffic Impact Analysis - Westlake Entrada &. Granada- Summary and Exhibits 10-
11
E"—Engineer's Opinion of Probable Cost for Solana Blvd.
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Page 18 of 18
TOWN OF WESTLAKE
RESOLUTION 15-35
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A DEVELOPMENT AGREEMENT WITH MAGUIRE PARTNERS-SOLANA
LAND, L.P. RELATED TO THEIR DEVELOPMENT KNOWN AS ENTRADA IN
WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake is experiencing planned growth through the attraction of
economic development projects such as Fidelity Investments and Deloitte University, residential
developments such as Vaquero, Glenwyck Farms, Terra Bella, Granada, and Entrada which are
consistent with the Town's Comprehensive Plan, as well as enrollment growth at Westlake Academy,
all of which contribute to demand for improvements to Westlake's infrastructure and public buildings,
and
WHEREAS, the Town of Westlake and Maguire Partners-Solana Land, L.P. desire to entire
enter into a partnership to continue this planned growth through a development agreement which sets
out responsibilities for the Developer as a part of their development known as Entrada (the zoning for
which was approved in Ordinance 703 approved on April 22, 2013) regarding public infrastructure
costs, the need for which are created by the Entrada development, including off-site sewer
improvements, as well as maintenance of public and private open spaces/amenities in and adjacent to
said Entrada development, and
WHEREAS, the Town has an economic development policy adopted by Resolution 06-19 and
has (per Resolution 13-34 approved on October 28, 2013) made commitments according to certain
terms and conditions in an economic development agreement approved under this economic
development policy for Town participation; and the Town has approved the creation of the Public
Improvement District, Solana PID #1, per Resolution 14-07 on February 24, 2014, for which these
public improvements will serve;
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
Development Agreement with the Developer attached hereto as Exhibit "A"and further authorizes the
Town Manager to execute said agreement on behalf of the Town of Westlake.
Resolution 15-35
Page 1 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 14" DAY OF DECEMBER 2015.
Laura Wheat, Mayor
ATTEST:
Kelly'Edwav s, Town Secretary Th mas E. Brymer o n Manager
APPROV AS TO FORM:
Stan, wry, Town Attorney "A 0 co
Resolution 15-35
Page 2 of 2
EXHIBIT A TO RESOLUTION NO. 15-35
FIRST AMENDMENT TO THE ENTRADA DEVELOPMENT AGREEMENT
THIS AMENDMENT ONE (1) OF ONE (1) TO THE TOWN OF WESTLAKE
DEVELOPMENT AGREEMENT (aka "the Amendment") ESTABLISHED WITH THE
ADOPTION OF RESOLUTION 13-34 AS ADOPTED BY THE WESTLAKE TOWN
COUNCIL FOR THE ENTRADA DEVELOPMENT is made and entered into this 14th day of
December, 2015, by and between the Town of Westlake, Texas (the "Town"), and Maguire
Partners-Solana Land, L.P., a Texas limited partnership (the "Developer").
WITNESSETH:
The Entrada Development ("Development") is a master planned mixed use project to be
constructed in Westlake and is currently being developed by Developer; and
On October 28, 2013, the Town Council for the Town of Westlake adopted Resolution
13-34 approving a Development Agreement (the "Development Agreement") with Maguire
Partners-Solana Land, L.P. related to the Entrada development which addressed various
development issues related to the Development and provided for the payment of certain fees, the
timing of certain construction and the dedication of certain property, among others; and
On February 24, 2014, the Town Council for the Town of Westlake, by Resolution No.
14-07, approved the creation of the Solana Public Improvement District (the "District") for the
construction of certain authorized improvements (the "Authorized Improvements"); and the
Town issued Public Improvement District ("PID") special revenue bonds (the "2015 Bonds") via
Ordinance 743 on January 15, 2015, to construct certain Authorized Improvements within the
District.
The Town and the Developer anticipate issuing future PID special revenue bonds to
finance a portion of the Authorized Improvements within the District not financed with the 2015
Bonds (the "Future Bonds"); and
The Town and the Developer wish to amend the Development Agreement to allow for
certain early final platting of certain tracts of land in the District; and
In consideration of the foregoing premises and for other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant
and agree as follows:
1.The Economic Development Agreement Adopted by Resolution 13-34
Remains in Full Force and Effect. The Town and Developer acknowledge and agree that,
except to the extent amended herein, all provisions and terms contained the Development
Agreement, including any other amendments or addenda to the Development Agreement besides
this Amendment to the Development Agreement, remain in full force and effect.
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 1 OF 6 RESOLUTION 15-35
2.Specific Amendments Contained in this Amendment One (1) of One (1) to the
Development Agreement Adopted by Resolution 13-34 shall be amended as follows:
Section 4 to the Development Agreement shall be amended to include a new subsection
M:
M. Release of Blocks A M N and O for Final Plat.
1.Prior to the completion of all public infrastructure for Phase I of the
District, a Final Plat shall be accepted by the Town, and upon approval by the Town,
permitted to be recorded in the Deed Records of Tarrant County, Texas, for a Final Plat
that encompasses Blocks A, M,N, and O, as shown on the attached Exhibit A.
2.It is acknowledged by the Town and the Developer that PID bond
proceeds for Phase I Infrastructure have been budgeted and escrowed in compliance with
the approved Westlake Public Improvement District Service and Assessment Plan
approved by the Town on January 15, 2015. The Town makes no representation that
Phase I Infrastructure PID proceeds will be adequate to cover 100% of the actual Phase I
Infrastructure costs and that any overrun shall be the sole responsibility of the Developer.
3.Offsite Easements: The identification and acquisition of all public utility
easements are the sole responsibility of the Developer. In the even the Town determines
that eminent domain proceedings are necessary to obtain the required easements, the
Developer will be responsible for reimbursing the Town 100% of the cost to acquire the
easement including but not limited to easement cost, administrative fees, court fees,
attorney's fees and Town consulting fees.
4. No Certificate of Occupancy will be issued for any use or structure in
Blocks A, M, N, and O, as identified in the attached Exhibit A, until 75 percent (75%) of
the off-site sanitary sewer line is completed according to the Town Engineer. The
Developer may provide, at the developer's sole expense, an alternative temporary
sanitary sewer service (the "Stop Gap Sanitary Sewer Service") to be established and
maintained by the Developer that adequately serves Blocks A, M, N, and O until the off-
site sanitary sewer service line is completed. This alternative Stop Gap Sanitary Sewer
Service design and/or proposal must be submitted to the Town for approval, which
approval shall be at the Town's sole discretion. If the Stop Gap Sanitary Sewer Service is
interrupted for any period of time during this temporary period, the Town may revoke
any Certificates of Occupancy issued for any use or structure in Blocks A, M, N, or O. A
plan and schedule to terminate the Stop Gap Sanitary Sewer Service will be included in
the original Stop Gap Sanitary Sewer Service proposal/design, and any termination date
extension will also be at the Town's sole discretion.
5. The Stop Gap Sanitary Sewer Service may include any town-approved
temporary service to remove waste material, including trucks or other transportation
devices constructed to haul and transport waste material.
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 2 OF 6 RESOLUTION 15-35
2.Binding Obligation. This Amendment to the Development Agreement shall
become a binding obligation of the signatories upon execution by all signatories hereto. The
Town warrants and represents that the individual executing this Amendment to the Development
Agreement on behalf of the Town has full authority to execute this Amendment to the
Development Agreement and bind the Town to the same. Developer warrants and represents
that the individual executing this Amendment to the Development Agreement on its behalf has
full authority to execute this Amendment to the Development Agreement and bind it to the same.
3. Authorization. The Town Council shall authorize the Town Manager of the
Town to execute this Amendment to the Development Agreement on behalf of the Town.
4.Severability. In the event any provision of this Amendment to the Development
Agreement shall be determined by any court of competent jurisdiction to be invalid or
unenforceable, the Amendment to the Development Agreement shall, to the extent reasonably
possible, remain in force as to the balance of its provisions as if such invalid provision were not a
part hereof.
5. Filing in Deed Records. This Amendment to the Development Agreement shall
be filed in the deed records of Tarrant County, Texas. The provisions of this Amendment to the
Development Agreement shall be deemed to run with the Property and shall be binding on heirs,
successors and assigns of Developer.
6.Notices. Any notices required or permitted to be given hereunder shall be given
by certified or registered mail, return receipt requested, to the addresses set forth below or to
such other single address as either party hereto shall notify the other:
To the Town: Attn: Thomas Brymer
Town Manager
3 Village Circle, Suite 202
Westlake, Texas 76262
FAX: 817.430.1812
With a copy to: Attn: L. Stanton Lowry
Town Attorney
Boyle &Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
FAX: 972.650.7105
To the Developer: Attn: Mehrdad Moayedi
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
FAX: 817.391.2501
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 3 OF 6 RESOLUTION 15-35
With a copy to: Miklos Law, PLLC
Attn: Robert Miklos
1800 Valley View Lane, Suite 360
Farmers Branch, Texas 75234
E-mail: robert@mikloslegal.com
7.Counterparts. This Amendment may be executed in counterparts, each of which
shall be deemed an original.
Signature Pages Follow]
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 4 OF 6 RESOLUTION 15-35
IN WITNESS WHEREOF, the parties have executed this Agreement as of this
the 14`x' December 2015.
ATTEST:TOWN OF WESTLAKE
Nam : Kelly' dwards Name: Laura Wheat
Title: Town Secretary Title: Mayor
Date: I r2_1 H I c
APPROVE AST F R 1
oFName! . Stanton ./y/ m
Title: Town Attorney
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 5 Or 6
DEVELOPER
Maguire Partners—Solana Land, L.P.,
a Texas limited partnership
By: MMM Ventures, LLC,
a Texas limited liability company
Its General Partner
By: 2M Ventures, LLC
a Delaware limited liability company
Its Sole Manager
By: aj_ ,,e _/__/
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
201/by Mehrdad Moayedi in his capacity as Manager of Maguire Partners-Solana Land, L.P.,
known to be the person whose name is subscribed to the foregoing instrument, and that he
executed the same on behalf of and as the act of Maguire Partners-Solana Land, L.P.
all
Notary Public, State of Texas
My Commission x ire's
P~
Y
LAURA L.WAYLAND
Notary ID# 1656942
My ssion Expires
SirF rtE
y July 14, 2016
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 6 OF 6 Resolution 15-35
LEGAL DESCRIPTION
32.445 ACRES
BEING all that certain lot, tract or parcel of land situated in the C. M. Throop Survey,
Abstract Number 1510 and the W. Medlin Survey, Abstract Number 1958, Town of
Westlake, Tarrant County, Texas, and being part of that certain called 184.32 acre tract
of land described as Tract 2 in deed to Maguire Partners-Solana Land L. P. recorded in
Volume 16858, Page 176 (Instrument Number D203231446) of the Deed Records of
Tarrant County Texas, and being more particularly described as follows
COMMENCING at a 5/8" rebar found at the southeast corner of said 184.32 acre tract,
being the most westerly southwest corner of Lot 1, Block 3 of Westlake/Southlake Park
Addition No. 1, and addition to the Town of Westlake according to the plat thereof
recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas;
THENCE S 89 029'20" W, 200.93 feet with the south line of said 184.32 acre tract to a 1"
rebar found (disturbed) in Dove Road, from which a 1/2" rebar found bears S 84°04'40"
E, 2.6 feet;
THENCE N 00 012'05" W, 45.01 feet continuing with the south line of said 184.32 acre
tract in Dove Road to a 5/8" capped rebar found (Huitt & Zollars);
THENCE S 89 047'55" W, 462.17 feet continuing with the south line of said 184.32 acre
tract in Dove Road to a 1/2" capped rebar set (G&A) at the southeast corner of that
certain called 0.560 acre tract of land described as Parcel No. 70-ROW-2 in deed to the
Town of Westlake, Texas, recorded in Instrument Number D208427746 of the Deed
Records of Tarrant County, Texas;
THENCE N 00 052'55" W, 22.57 feet with the east line of said 0.560 acre tract to a 1/2"
capped rebar found (Graham) at the northeast corner thereof;
THENCE N 89 057'45" W, 790.52 feet with the north line of said 0.560 acre tract to a 1/2"
capped rebar set (G&A) at the beginning of a curve to the right;
THENCE continuing with the north line of said 0.560 acre tract, with the arc of said
curve having a central angle of 09°15'02", a radius of 1047.14 and an arc length of
169.06 feet, whose chord bears N 85°15'46" W, 168.88 feet, to a 1/2" capped rebar set
G&A);
THENCE N 80 043'25" W, 36.09 feet continuing with the north line of said 0.560 acre
tract to a 1/2" capped rebar set (G&A) on the westerly line of said 184.32 acre tract,
being on the arc of a curve to the right;
THENCE with the westerly line of said 184.32 acre tract and with the arc of a curve to
the right having a central angle of 08 051'24", a radius of 154.38 feet and an arc length of
23.86 feet, whose chord bears N 40°10'25"W, 23.84 feet to a 1/2" capped rebar set at
the most southerly corner of that certain called 13.591 acre tract of land described as
Page 1 of 5
Exhibit A-2
Resolution 15-36
Parcel No. 70-ROW-1 in the aforementioned deed to the Town of Westlake, Texas, and
being on the east line of Precinct Line Road;
THENCE with the east line of said 13.591 acre tract and the east line of said Precinct
Line Road with the arc of a curve to the left having a central angle of 08°26'37", a radius
of 1782.50 feet and an arc length of 262.69 feet, whose chord bears N 03°44'45" E,
262.45 feet to a 1/2" capped rebar found ( Graham);
THENCE N 00 025'40" W, 220.18 feet continuing with the east line of said 13.591 acre
tract and the east line of said Precinct Line Road;
THENCE N 89 034'20" E, 64.65 feet, to a 1/2" capped rebar set (G&A Consultants) at
the POINT OF BEGINNING;
THENCE over, across and through said 184.32 acre tract the following 35 courses and
distances:
N 79 027'05" E, 5.00 feet, to a 1/2" capped rebar set (G&A Consultants);
N 10 032'55" W, 26.04 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 025'40" W, 242.84 feet, to a 1/2" capped rebar set (G&A Consultants);
N 18 027'05" E, 163.36 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 35.48 feet, to a 1/2" capped rebar set (G&A Consultants);
S 89 027'05" W, 5.75 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 219.34 feet, to a 1/2" capped rebar set (G&A Consultants);
N 89 027'05" E, 5.75 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 322.48 feet, to a 1/2" capped rebar set (G&A Consultants);
N 88 050'50" W, 10.00 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 90.80 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Northeasterly with the arc of said curve, having a radius of 2837.99 feet, a central angle
of 11008'42", an arc length of 552.04 feet, and whose chord bears N 15 050'10" E,
551.17 feet, to a 1/2" capped rebar set (G&A Consultants);
S 67 010'50" E, 6.00 feet, to a 1/2" capped rebar set (G&A Consultants);
Page 2 of 5
Exhibit A-2
Resolution 15-36
Northeasterly with the arc of a curve to the right, having a radius of 2831.99 feet, a
central angle of 03 042'55", an arc length of 183.64 feet, and whose chord bears N
23 015'48" E, 183.60 feet, to a 1/2" capped rebar set (G&A Consultants);
N 52 020'20" W, 6.15 feet, to a 1/2" capped rebar set (G&A Consultants);
Northeasterly with the arc of a curve to the right, having a radius of 2837.99 feet, a
central angle of 03°03'54", an arc length of 151.82 feet, and whose chord bears N
26 040'49" E, 151.80 feet, to a 1/2" capped rebar set (G&A Consultants);
N 28 012'47" E, 140.26 feet, to a 1/2" capped rebar set (G&A Consultants);
N 75 055'20" E, 226.61 feet, to a 1/2" capped rebar set (G&A Consultants);
S 63 034'45" E, 40.90 feet, to a 1/2" capped rebar set (G&A Consultants) at a point of
curvature of a curve to the right;
Southeasterly with the arc of said curve, having a radius of 300.00 feet, a central angle
of 54 023'55", an arc length of 284.83 feet, and whose chord bears S36°22'47" E,
274.25 feet, to a 1/2" capped rebar set (G&A Consultants);
S 09 010'50" E, 89.43 feet, to a 1/2" capped rebar set (G&A Consultants);
N 64 006'15" E, 6.27 feet, to a 1/2" capped rebar set (G&A Consultants);
S 25 053'45" E, 219.99 feet, to a 1/2" capped rebar set (G&A Consultants);
S 23 054'35" W, 101.03 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Southeasterly with the arc of said curve, having a radius of 50.50 feet, a central angle of
93 050'30", an arc length of 82.71 feet, and whose chord bears S 19 010'10" E, 73.77
feet, to a 1/2" capped rebar set (G&A Consultants);
S 62 014'55" E, 139.12 feet, to a 1/2" capped rebar set (G&A Consultants);
S 48 049'00" E, 66.15 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Southwesterly with the arc of said curve, having a radius of 520.00 feet, a central angle
of 18°36'45", an arc length of 168.92 feet, and whose chord bears S15 034'26" W,
168.18 feet, to a 1/2" capped rebar set (G&A Consultants);
S 22 003'15" W, 109.68 feet, to a 1/2" capped rebar set (G&A Consultants);
S 37 035'45" W, 15.42 feet, to a 1/2" capped rebar set (G&A Consultants);
Page 3 of 5
Exhibit A-2
Resolution 15-36
S 20 039'25" E, 90.52 feet, to a 1/2" capped rebar set (G&A Consultants);
S 52 004'10" W, 143.52 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the left;
Southwesterly with the arc of said curve, having a radius of 159.00 feet, a central angle
of 17°16'53", an arc length of 47.96 feet, and whose chord bears S 69°43'30" W, 47.78
feet, to a 1/2" capped rebar set (G&A Consultants);
N 84 000'02" W, 17.05 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Northwesterly with the arc of said curve, having a radius of 452.50 feet, a central angle
of 01'13'05", an arc length of 9.62 feet, and whose chord bears N 33°21'22" W, 9.62
feet, to a 1/2" capped rebar set (G&A Consultants);
S 57 015'10" W, 31.00 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the left;
Southeasterly with the arc of said curve, having a radius of 483.50 feet, a central angle
of 02 006'24", an arc length of 17.78 feet, and whose chord bears S 33 048'02" E, 17.78
feet, to a 1/2" capped rebar set (G&A Consultants);
S 54 033'10" W, 79.39 feet, to a 1/2" capped rebar set (G&A Consultants);
S 89 027'05" W, 137.99 feet, to a 1/2" capped rebar set (G&A Consultants)
S 10 059'05" W, 291.81 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a curve to the left;
Southeasterly with the arc of said curve, having a radius of 1015.50 feet, a central angle
of 03'07'21", an arc length of 55.34 feet, and whose chord bears S 80°34'35" E, 55. 33
feet, to a 1/2" capped rebar set (G&A Consultants);
S 07 051'45" W, 246.74 feet, to a 1/2" capped rebar set (G&A Consultants);
S 24 057'05" W, 98.98 feet, to a 1/2" capped rebar set (G&A Consultants);
S 40 017'45" W, 99.04 feet, to a 1/2" capped rebar set (G&A Consultants);
S 47 041'25" W, 101.85 feet, to a 1/2" capped rebar set (G&A Consultants);
S 89 027'05" W, 390.88 feet, to a 1/2" capped rebar set (G&A Consultants);
Page 4 of 5
Exhibit A-2
Resolution 15-36
S 79 027'05" W, 8.51 feet, to the POINT OF BEGINNING and containing approximately
32.445 acres of land.
Together with an Access Easement, to insure ingress and egress, to and from, the
subject property, over, across and through Lot 88X, of Granada, Phase I, recorded in
Instrument No. D215003584 of the Plat Records of Tarrant County, Texas, being the
private road system located within said Phase I.
Page 5 of 5
Exhibit A-2
Resolution 15-36
MARY LOUISE GARCIA
COUNTY CLERK
TOWN OF WESTLAKE
1301 SOLANA BLVD, BLDING 4, STE 4202
WESTLAKE, TX 76262
Submitter: TOWN OF WESTLAKE
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
DO NOTDESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/9/2016 11:13 AM
Instrument #: D216096757
OPR 9 PGS $44.00
D216096757
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Ordinance 791
Page 1 of 7
TOWN OF WESTLAKE
ORDINANCE NO. 791
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AN APPLICATION FOR THE REPLATTING OF AN
APPROXIMATELY 2.616-ACRE PORTION OF PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED BY ORDINANCE 703 FOR
THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST
OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY
KNOWN AS WESTLAKE ENTRADA. THE REPLAT SHOWS BLOCK I, LOTS 1 AND
2X, AND BLOCK J, LOTS 11-16, 17X, 18X, AND 19X; THE PROPOSED LOTS ARE
LOCATED NEAR THE INTERSECTION OF SOLANA BOULEVARD, GRANADA
TRAIL, AND CORTES DRIVE. PROVIDING AN EFFECTIVE DATE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE.
WHEREAS, the Town of Westlake, Texas is a general law municipality; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that development occur in a controlled and orderly manner; and
WHEREAS, there is located within the corporate limits of the Town of Westlake an
approximately 85.9-acre tract of land known as Planning Area 1-2 (PD 1-2), bounded by Solana
Boulevard to the south, FM 1938 “Davis Blvd.” to the west, and State Highway114 to the north,
(Exhibit A), on which a mixed use development is underway; and
WHEREAS, because of the size, location, and natural features of Planning Area 1-2 and
the Town's need for public infrastructure, amenities, and services, the Town has a critical interest
in the development of Planning Area 1-2 and is encouraging such development to the highest
possible standards of quality consistent with the Town's long-term development vision; and
WHEREAS, because of improvements to FM 1938 (Davis Blvd.), further urban growth
throughout the region, and other changed conditions that affect the region, the Town believes
there are unique and significant opportunities for new and unique mixed-use development within
Planning Area 1-2 that will be consistent with the Town's long-term development vision; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within 200 feet of the subject property, published notice and posted notice in accordance
with the Texas Open Meetings Act of public hearing, a public hearing was held on August 1,
2016, by the Planning and Zoning Commission (Commission) whereby the Commission
recommended to the Town Council approval of the replat shown in attached Exhibit B; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within 200 feet of the subject property, published notice and posted notice in accordance
with the Texas Open Meetings Act of public hearing, a public hearing was held on August 22,
2016, by the Town Council; and
Ordinance 791
Page 2 of 7
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town, are best served by
adopting this Ordinance, which the Council has determined to be consistent with the 2015
Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission and
after a public hearing, 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 this replat, shown in attached Exhibit B,
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 the Town Council of the Town of Westlake, Texas does hereby
approve the replat as shown in Exhibit B, attached hereto and incorporated herein, and located in
PD 1-2 which is an approximately 85-acre tract located south of Hwy 114, east of Davis
Boulevard, and north of Solana Boulevard, as shown in the legal description Exhibit A, attached
hereto and incorporated herein.
SECTION 3: 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 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: Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall
be deemed committed upon each day, or part of a day, during which a violation occurs or
continues.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
Ordinance 791
Page 3 of 7
PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 791
Page 4 of 7
EXHIBITS
EXHIBIT A Legal Description of PD1-2 District (in its entirety)
EXHIBIT B Depiction
Ordinance 791
Page 5 of 7
Exhibit A
LEGAL DESCRIPTION
Legal Description of PD1-2 District
85.9 Acres
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin
Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry
Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in
the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in
Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot
2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas
as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on
the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as
dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-
tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of
1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50
seconds West a distance of 229.54 feet;
THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with
right-of-way, as described in Dedication Deed to the Town of Westlake as recorded under
instrument No. D208427746, Deed Records of Tarrant County, Texas the following:
Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap
at the end of said curve;
North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found
with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54
minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North
43 degrees 02 minutes 03 seconds West a distance of 201.11 feet;
Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with
Graham cap at the beginning of a compound curve to the right having a central angle of 24
degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which
bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet;
Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with
Graham cap at the end of a said curve;
North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod
found with Graham cap at the beginning of a curve to the left having a central angle of 45
degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which
Ordinance 791
Page 6 of 7
bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet;
Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod
found with Graham cap;
North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod
found with Graham cap on the easterly right-of-way line of Precinct Line Road, a variable width
right-of-way, as described in Dedication Deed to Town of Westlake as recorded under
Instrument No. D208427746, Deed Records of Tarrant County, Texas and being the beginning of
a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a
radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes
42 seconds East a distance of 402.59 feet;
THENCE along the easterly right-of-way line of Precinct Line Road, the following;
Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found
with Graham cap;
North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found
on the southerly right-of-way line of State Highway 114 (a variable width ROW);
THENCE along the southerly right-of-way line of State Highway 114, the following;
North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from
which a Texas Department of Transportation brass disk in concrete found bears North 10 degrees
48 minutes 28 seconds West a distance of 0.43 feet;
South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department
of Transportation brass disk in concrete found;
South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of
Transportation brass disk in concrete found at the beginning of a curve to the right having a
central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended
by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet;
Ordinance 791
Page 7 of 7
Along said curve to the right an arc distance of 393.45 feet to a Texas Department of
Transportation brass disk in concrete found;
South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of
Transportation brass disk in concrete found;
South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found
with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central
angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a
chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet;
Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-
Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned
Westlake/Southlake Park Addition No. 1;
THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00
minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet
to a 5/8 inch iron rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2,
Block 1, Westlake/Southlake Park Addition No. 1;
THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2,
Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at
an angle point in the west line of Lot 2, Block 1;
THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds
East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of
land, more or less.
P.O.B.
C.M. THROOP SURVEY
ABSTRACT NO. 1510
LEGEND
MAGUIRE PARTNERS -
SOLANA LAND L.P.
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Contact: Michael Beaty
Telephone: (214)-287-9009
Brown & Gay Engineers, Inc.
Tel: 972-464-4800 ●www.browngay.com
Copyright 2016
BUSH DESIGN & ASSOCIATES, INC.
P.O. BOX 456
Franklin, Texas 77856
Contact: Ralph Bush
Telephone: (972) 333-9455
BROWN & GAY ENGINEERS, INC.2529 Dallas Parkway, Suite 204
Frisco, Texas 75034
Contact: Jason Frey
C.M. THROOP SURVEY
ABSTRACT NO. 1510
MAGUIRE PARTNERS -
SOLANA LAND L.P.
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Contact: Michael Beaty
Telephone: (214)-287-9009
BROWN & GAY ENGINEERS, INC.BUSH DESIGN & ASSOCIATES, INC.
P.O. BOX 456
Franklin, Texas 77856
Contact: Ralph Bush
Telephone: (972) 333-9455
Brown & Gay Engineers, Inc.
Tel: 972-464-4800 ●www.browngay.com
Copyright 2016
2529 Dallas Parkway, Suite 204
Frisco, Texas 75034
Contact: Jason Frey
MAGUIRE PARTNERS -
SOLANA LAND L.P.
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Contact: Michael Beaty
Telephone: (214)-287-9009
BROWN & GAY ENGINEERS, INC.“”
”“”
”
BUSH DESIGN & ASSOCIATES, INC.
P.O. BOX 456
Franklin, Texas 77856
Contact: Ralph Bush
Telephone: (972) 333-9455
Brown & Gay Engineers, Inc.
Tel: 972-464-4800 ●www.browngay.com
Copyright 2016
2529 Dallas Parkway, Suite 204
Frisco, Texas 75034
Contact: Jason Frey
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Consider approval of an ordinance accepting a donation of land at the
northwest corner of FM 1938 and Dove Road for a Fire Station and other
municipal uses, authorizing the town manager to sign all necessary
documents and agreements, authorizing acquisition of and payment for
title insurance, providing for other matters, providing for severability and
providing an effective date.
STAFF CONTACT: Troy J. Meyer, Facilities Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 1, 2015 Completion Date: October 30, 2015
Funding Amount $5,000.00 Status - Funded Source - Capital Projects Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL
HISTORY)
In January 2015, Brown Reynolds Watford (BRW) architects firm was hire to complete a Fire
Station validation study for the town. The study includes the following:
• Programming for the site and fire station
• Preliminary zoning and building code analysis
• Verification of property plat status and identification of existing easements and
FEMA floodplain lines
• Analysis of available site utilities
• Coordination of radio signal strength from each site with equipment vendor
• Comparison of sites with Town's Comprehensive Plan goals
• Conceptual site planning considering solar orientation, topography, vegetation
and site
• Accessibility
• Response times
The five concept site plans show they can each adequately accommodate the program
requirements, along with capability for future expansion. The relative benefits of each site are
evaluated by means of a scoring matrix that considers fire station operations and other criteria
important to the Town of Westlake.
In November 2016, staff meets with Fidelity Investment to review the two fire station sites which
were identified in the validation study results. Two of the five locations were located on Fidelity
property, first - at the northwest corner of Capital Parkway and FM 1938 and the five acre at the
northwest corner of FM 1938 and Dove Road, which was the most desirable location. Fidelity
was willing to donate the five acre property on the northwest corner of FM 1938 & Dove Road.
The Town will pay for both party’s closing costs; however, each party will be responsible for its
legal fees associated with the closing.
The donor appraised the value of the five acre property at $ 1,750,000.00.
All expense related to the acceptance of the land dotation are proposed to be funded through the
General Fund. Upon approval and receipt of the proceeds from the $8.5M Certificates of
Obligation, any funds paid for these services through the General Fund will be reimbursed.
RECOMMENDATION
Staff recommends the approval of an Ordinance accepting the donation of land for a Fire Station
and other municipal uses, authorizing the town manager to sign all necessary agreement and
documents, authorizing acquisition of and payment for title insurance, providing for other
matters, providing for severability and providing an effective date.
ATTACHMENTS
Ordinance
Exhibit A, Donation Agreement
Exhibit B, Special Warranty Deed
Exhibit C, Map of Property Location
Ordinance 788
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 788
AN ORDINANCE ACCEPTING A DONATION OF LAND AT THE NORTHWEST
CORNER OF FM 1938 AND DOVE ROAD, FOR A FIRE STATION AND OTHER
MUNICIPAL USES, AUTHORIZING THE TOWN MANAGER TO SIGN ALL
NECESSARY AGREEMENT AND DOCUMENTS, AUTHORZING ACQUISITION OF
AND PAYMENT FOR TITLE INSURANCE, PROVIDING FOR OTHER MATTERS,
PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain the Town of Westlake provides fire protection for its citizens
WHEREAS, the Town of Westlake finds it in the interest of its citizens and the health,
safety and welfare of the Town to accept a donation of property for municipal uses, including a
fire station, and other municipal and beneficial uses;
WHEREAS, the Town of Westlake is legally authorized to accept said donation; and
WHEREAS, all legal prerequisites for the passage of this Ordinance have been met,
including but not limited to the requirements of the Texas Open Meetings Act and the Town
Charter; and
WHEREAS, Town Council has found that the passage of this Ordinance serves the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Donation Conveyance Agreement attached hereto as Exhibit 1
and incorporated herein is hereby approved and the Town Manager is authorized to execute said
Agreement and all associated documents, and authorizing the acquisition of and payment for
Title Insurance.
SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly
saved as to any and all violations of the provisions of the prior ordinance sections which existed
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, the same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
Ordinance 788
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 be cumulative of all provisions of ordinances of the
Town except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
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 22nd DAY OF AUGUST 2016.
____________________________
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 9
Ordinance 788
16789766v.4
Donation Agreement
This Donation Agreement (this “Agreement”) is made and entered into by and between
the Town of Westlake, Texas (the “Town”) and _______________________, a
_____________________ (the “Donor”). “Parties” shall mean both the Town and the Donor.
ARTICLE I
Defined Terms
A. “Closing” means the consummation of the transfer of title of the Property from
the Donor to Town in accordance with the terms and provisions of this Agreement.
B. “Closing Date” means the date specified in Section 8.1 on which the Closing will
be held.
C. “Effective Date” means the date the last Party to the Agreement has executed the
Agreement.
D. “Property” means that certain tract of real property situated in Tarrant County,
Texas and described in Exhibit “A” attached hereto and made a part hereof for all purposes,
together with all and singular the rights, privileges, hereditaments, and appurtenances pertaining
to such real property, including any and all improvements and fixtures currently attached to and
located thereon.
E. “Title Company” means ______________________, acting by and through its
agent.
ARTICLE II
Agreement to Donate and Right of First Refusal
The Donor is a property owner desiring to donate property described herein to the Town
of Westlake for no benefit or gain to the Donor, and is not subject to any Town oversight. The
Town wishes to accept the donation of property and the Donor must execute this donation
agreement. The Donor intends that this donation will qualify for a charitable donation deduction
under applicable provisions of the Internal Revenue Code. The Town agrees to cooperate with
the Donor in order to effectuate the qualification of this transaction as a charitable donation to
the extent permitted under applicable provisions of the Internal Revenue Code.
Upon the terms and conditions contained in this Agreement, Donor agrees to donate the
Property to the Town in the form of deed attached hereto as Exhibit “A” and incorporated for all
purposes. The Donor, being fully informed of its right to receive just compensation for the
Property, agrees to donate the Property to the Town. The Town certifies that its acceptance of
the Property will further the Town’s abilities to provide for the health, safety and welfare of the
Town and its citizens, businesses and visitors.
If, after the Property is donated to Town, Town should at any time decide to sell all or
any portion of the Property or any interest therein or the improvements located thereon (referred
to as the “Offered Property”), the Donor shall have the right and option, but not the obligation, to
Page 2 of 9
Ordinance 788
16789766v.4
purchase (the term “purchase” shall include a purchase or other acquisition) the Property. Town
shall provide the Donor with written notice which shall include a description of the Offered
Property, and a description of all material terms and conditions of the proposed disposition
(including, without limitation, the price and closing date) and offer to consummate such
disposition with the Donor upon the same material terms and conditions as set forth in the
written notice. The Donor shall have thirty calendar (30) days (the “Response Period”)
following receipt of the written notice, at the Donor expense and in coordination with Town, to
inspect the property and to enter onto and conduct tests, provided such inspections or tests do not
damage the property or improvements. If the Donor does not notify the Town in writing of its
intention to purchase the property before or on the 30th day after such notice was received, Town
may proceed to sell property in accordance with Texas laws. If the Donor does notify Town in
writing of its intention to purchase the property, the purchase must be completed within ninety
(90) days. If the purchase is not completed within ninety (90) days, unless an extension of time is
granted by the Town, the Donor will be deemed to have elected not to purchase the property, and
the Town may proceed to sell the property in accordance with Texas laws.
ARTICLE III
Value
This property is being donated to the Town for municipal uses, which shall include, but
not be limited to, fire station or other public municipal uses. The Town acknowledges that the
Donor is providing the Property to the Town as a donation for these uses.
The value as determined by Joseph J. Blake and Associates, Inc. of Dallas, Texas, a
qualified appraiser familiar with the Dallas-Fort Worth area, including Westlake, Texas, is one
million, seven hundred fifty thousand dollars ($1,750,000.00). The Town and the Donor agree,
to the best of their knowledge, that this value represents the fair market value of the Property and
is an amount which the Donor knowingly and willing agrees to contribute in furtherance of the
Donor’s charitable and civic purposes.
ARTICLE IV
Representations and Warranties
A. The Donor represents and warrants that it has unrestricted fee ownership and use
of the Property and that by signing the Deed it is forever relinquishing and transferring all rights
and interest in and to the Property to the Town, subject to the terms and provisions of this
Agreement and the Deed.
B. The Donor and Town each acknowledge that there is no official relationship
between the Donor and the Town.
C. The Town represents that acceptance of the donation will provide a significant
public benefit and such acceptance does not influence or appear to influence the Town in the
performance of its duties.
D. The Donor acknowledges that the Town’s acceptance of the donation does not
bind the Town to a course of action or promise of performance. Donor and Town state that this
Page 3 of 9
Ordinance 788
16789766v.4
Agreement and the Deed constitute the only promises, consideration and conditions of this
conveyance, and no other promises, consideration or conditions have been signified or implied.
E. The Town neither approves nor is responsible for any representations made by the
Donor for tax purposes.
F. The Donor acknowledges that the Town will act in reliance of and in
consideration of the promises made by the Donor in this Agreement, and the Town
acknowledges that the Donor will act in reliance of and in consideration of the promises made by
the Town in this Agreement.
G. The Donor acknowledges that this Agreement is public information and will be
furnished to a requestor pursuant to Chapter 552 of the Texas Government Code.
H. The Town, without cost to the Donor, shall pay the cost of recording all
instruments conveying title to the Town.
ARTICLE V
Closing
5.1. Date and Place of Closing. The Closing shall take place in the office of the Title
Company. The Closing Date shall be at a time agreed upon between the Donor and the Town.
5.2. Items to be delivered at the Closing.
5.2.1 At Closing, the Donor shall deliver the Town:
5.2.1.1 A deed in the form attached hereto as Exhibit “B,” duly
executed and acknowledged by Donor, subject only to the permitted exceptions, which shall
include, but are not limited to, the following:
5.2.1.2 General real estate taxes and assessments for the year of
closing and subsequent years, which shall be prorated as of the Closing Date;
5.2.1.3 A reservation by Donor of all of its mineral interest in the
Property, but with all rights to use the surface of the Property for mineral exploration or
production purposes waived;
5.2.1.4 Possession. Possession of the Property shall be delivered to
Town at Closing; and
5.2.1.5 Any other documents reasonably required by the Title
Company.
5.2.2 At the Closing, the Town shall deliver to the Donor the following
items:
Page 4 of 9
Ordinance 788
16789766v.4
5.2.2.1 The Town will within thirty (30) days after request by the
Donor, execute and deliver to Grantor an I.R.S. Form 8283 evidencing the charitable gift of the
Property and its FMV, if any, as determined by a third-party independent appraisal of the
Property prepared by a registered Texas appraiser obtained by the Donor; and, the Town will
execute and deliver to the Donor, on request, such other and further documents and instruments
as may be necessary or convenient for the Donor in connection with the charitable donation
described herein, including, but not limited to, a letter of acceptance of the donation.
5.2.2.2 Except for costs expressly attributed to one party by the terms
of this Agreement, the Town shall pay the closing costs, with each party separately responsible
for its own legal fees associated with Closing; and
5.2.2.3 Any other documents reasonably required by the Title
Company.
ARTICLE VI
Miscellaneous
6.1. References. All references to “Article,” “Section,” or “Sections” are, unless
specifically indicated otherwise, references to Articles and Sections of this Agreement.
6.2. Exhibits. All references to an “Exhibit” are references to exhibits attached to this
Agreement, if any, all of which are made a part hereof for all purposes. The exhibits hereto are:
Exhibit “A” Legal Description of Property
Exhibit “B” Form of Deed
6.3. Captions. The captions, headings, and arrangements used in this Agreement are
for convenience only and do not in any way affect, limit, amplify, or modify the terms and
provisions hereof.
6.4. Number and Gender of Words. When, in this Agreement, the singular number
is used, the same shall include the plural where appropriate, and words of any gender shall
include each other gender where appropriate.
6.5. Notices. All notices, requests, and demands to be made hereunder to the parties
hereto shall be in writing (at the addresses set forth above) and shall be given by any of the
following means: (a) personal delivery (including, without limitation, overnight delivery, courier,
or messenger services), which shall be deemed received upon such personal delivery; (b) fax (if
printed confirmation of successful transmission thereof is obtained from the sender’s fax
machine and the same is confirmed telephonically by the sender), which shall be deemed
received on the day the fax is sent; (c) registered or certified, first-class United States mail,
postage prepaid, return receipt requested, which shall be deemed received upon receipt or refusal
of delivery; or (d) by .PDF electronic delivery, which shall be deemed received upon sender’s
receipt of a “Delivery Receipt” email notification. Notice from (but not to) a party’s counsel
shall be deemed to be notice by such party. Such addresses may be changed by fifteen (15)
days’ notice to the other parties given in the same manner as provided above.
Page 5 of 9
Ordinance 788
16789766v.4
If to Donor: Robin J. Gotshall
Associate General Counsel
Fidelity Investments
200 Seaport Boulevard – Z1L
Boston MA 02210
Tel: (617) 563-3915
Cell: (617) 593-9384
robin.gotshall@fmr.com
Copy to:
(which shall not
constitute notice)
Myron Dornic
Jackson Walker L.L.P.
2323 Ross Avenue, Suite 600
Dallas, TX 75201
214-953-5946
Myron Dornic
mdornic@jw.com
If to Town:
Telephone:
Fax:
Email:
Town Manager
1301 Solana Blvd.
Building 4, Suite 4202
Westlake, Texas 76262
817-430-0941
817-430-1812
tbrymer@westlake-tx.org
Copy to:
(which shall not
constitute notice)
L. Stanton Lowry
Boyle & Lowry, L.L.P.
4201 Wingren Drive, Suite 108
Irving, Texas 75062
972-650-7100
Fax: 972-650-7105
6.6. Governing Law. This Agreement is executed, delivered and is intended to be
performed in Tarrant county and the laws of the State of Texas shall govern the validity,
construction, enforcement, and interpretation of this Agreement. Proper and exclusive venue for
any action arising under or relating to the Agreement shall be in state district court in Tarrant
County, Texas.
6.7. Entirety and Amendments. This writing embodies the entire Agreement
between the parties and supersedes all prior oral and written agreements and understandings, if
any, relating to the Property, and may be amended or supplemented only by an instrument in
writing executed by the party against whom enforcement is sought.
6.8. Invalid Provisions. If any provision of this Agreement, except the provisions
relating to Donor’s agreement to convey the Property, the invalidity of which shall cause this
Agreement to be null and void, is held to be illegal, invalid, or unenforceable under present or
future laws, then such provision shall be fully severable; this Agreement shall be construed and
Page 6 of 9
Ordinance 788
16789766v.4
enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this
Agreement; and the remaining provisions of this Agreement shall remain in full force and effect
and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance
from this Agreement.
6.9. Multiple Counterparts. This Agreement may be executed in a number of
identical counterparts. If so executed, each of such counterparts shall be deemed an original for
all purposes, and all such counterparts shall, collectively, constitute one (1) Agreement, but, in
making proof of this Agreement, it shall not be necessary to produce or account for more than
one (1) such counterpart.
6.10. Parties Bound. This Agreement shall be binding upon and inure to the benefit of
Donor and Town, and their respective heirs, personal representatives, successors, and permitted
assigns. Upon execution of this Agreement by an authorized officer of Donor and Town, this
document shall become a binding Agreement.
6.11. No Merger. The covenants, agreements, provisions, warranties and
representations contained in this Agreement shall not merge with the closing documents, but
shall survive such closing.
ARTICLE VII
Notice Required by Law
Notice Regarding Possible Liability for Additional Taxes. If for the current ad valorem tax
year the taxable value of the land that is the subject of this contract is determined by a
special appraisal method that allows for appraisal of the land at less than its market value,
the person to whom the land is transferred may not be allowed to qualify the land for that
special appraisal in a subsequent tax year and the land may then be appraised at its full
market value. In addition, the transfer of the land or a subsequent change in the use of the
land may result in the imposition of an additional tax plus interest as a penalty for the
transfer or the change in the use of the land. The taxable value of the land and the
applicable method of appraisal for the current tax year is public information and may be
obtained from the tax appraisal district established for the county in which the land is
located.
ARTICLE VIII
Brokerage Commission
8.1. Brokers Identified. Donor and Town hereby represent and warrant to the other
that neither has contacted any real estate broker, finder or other party in connection with this
transaction, to whom any real estate brokerage, finders, or other fees may be due or payable with
respect to the transaction contemplated by this Agreement.
Page 7 of 9
16789766v.4
THIS AGREEMENT RAISES LEGAL ISSUES THAT TOWN MAY CHOOSE TO
HAVE REVIEWED BY AN ATTORNEY.
Town of Westlake , a
By: , a
, its
By: By:
Name: Tom Brymer Name:
Title: Town Manager Title:
ATTEST: FORM APPROVED BY:
By: By:
Name: Kelly Edwards Name: L. Stanton Lowry
Title: Town Secretary Town Attorney
[Signature Page Ends]
Page 8 of 9
16789766v.4
Exhibit “A”
Legal Description of Property
Page 9 of 9
16789766v.4
Exhibit “B”
Form of Special Warranty Deed
Page 1 of 10
Ordinance 788
16790220v.4
Exhibit B
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
THAT __________________________, a ____________________(“Grantor”), for and
in consideration of the furtherance of Grantor’s and Grantee’s charitable and civic purposes and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by
these presents does GRANT, BARGAIN, SELL and CONVEY unto TOWN OF WESTLAKE, a
Type A General Law Municipality (“Grantee”), whose address is 1301 Solana Boulevard,
Building 4, Suite 4202, Westlake, Texas 76262, Attn: Town Manager, and for the uses described
herein, subject to the conditions and limitations set forth below, that certain tract of rea property
situated in Tarrant County, Texas and described in Exhibit “A” attached hereto and made a part
hereof for all purposes, together with all and singular the rights, privileges, hereditaments, and
appurtenances pertaining to such real property, including any and all improvements and fixtures
currently attached to and located thereon (collectively, the “Property”).
There is hereby reserved for Grantor and Grantor’s successors and assigns, all of
Grantor’s interest in the water, oil, gas and other minerals that are in and under the Property and
that may be produced from it (all of which interests are excluded from the definition of
“Property”); provided, however, Grantor shall not have the right of ingress and egress over the
surface of the Property for mining, drilling, exploring, operating, and developing such water, oil,
gas and other minerals. Notwithstanding anything to the contrary, nothing herein shall be
construed as preventing Grantor and Grantor’s successors and assigns from developing or
producing the water, oil, gas and other minerals in and under the Property by pooling or by
directional or horizontal drilling under the Property from well sites located on tracts other than
the Property or continuing or entering into any oil, gas and mineral leases covering the Property.
This conveyance is being made by Grantor and accepted by Grantee subject to all
easements, restrictions, rights, reservations, encumbrances, and other matters of record in Tarrant
County, Texas (the “Permitted Exceptions”), as well as the additional conditions and limitations
described in Exhibit “B”, attached hereto and made a part hereof for all purposes (the “Use
Restrictions”).
TO HAVE AND TO HOLD the Property, together with, all and singular, the rights and
appurtenances thereto in anywise belonging to Grantee and Grantee’s successors and assigns
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Ordinance 788
16790220v.4
forever, subject to the Permitted Exceptions and Use Restrictions; and Grantor does hereby bind
Grantor and Grantor’s successors and assigns to warrant and forever defend, all and singular, the
Property unto the Grantee and Grantee’s successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof by, through or under
Grantor, but not otherwise, subject to the Permitted Exceptions and the Use Restrictions. Ad
valorem taxes with respect to the Property for the current year have been prorated as of the date
hereof.
Grantee acknowledges that, except for the special warranty of title contained in this
Special Warranty Deed, neither Grantor nor its representatives have made any representations or
warranties as to the Property or its environmental or physical condition, upon which Grantee has
relied. Grantee further acknowledges and agrees that (1) GRANTEE RELEASES GRANTOR
FROM CLAIMS BASED ON SELLER’S NEGLIGENCE AND CLAIMS BASED ON STRICT
LIABILITY, AND (2) GRANTOR HAS NOT MADE, DOES NOT MAKE AND EXPRESSLY
DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR
GUARANTEES, EXPRESSED OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS
TO THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OR
ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE AFFIRMS THAT IT (1)
HAS INVESTIGATED AND INSPECTED THE PROPERTY TO ITS SATISFACTION AND
IS FAMILIAR AND IS SATISFIED WITH THE CONDITION OF THE PROPERTY, AND (2)
HAS MADE ITS OWN DETERMINATION AS TO (i) THE MERCHANTABILITY,
QUANTITY, QUALITY AND CONDITION OF THE PROPERTY, INCLUDING, WITHOUT
LIMITATION, THE POSSIBLE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES,
MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL
CONTAMINANTS, AND (ii) THE PROPERTY’S SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR USE. GRANTEE HEREBY ACCEPTS THE PROPERTY IN
ITS PRESENT CONDITION ON AN “AS IS,” “WHERE IS” AND “WITH ALL FAULTS,”
INCLUDING ENVIRONMENTAL, BASIS AND ACKNOWLEDGES THAT (1) WITHOUT
THIS ACCEPTANCE, THIS CONVEYANCE WOULD NOT BE MADE, AND (2) THAT
GRANTOR SHALL BE UNDER NO OBLIGATION WHATSOEVER TO UNDERTAKE
ANY REPAIR, ALTERATION, REMEDIATION OR OTHER WORK OF ANY KIND WITH
RESPECT TO ANY PORTION OF THE PROPERTY. GRANTEE AND ITS SUCCESSORS
AND ASSIGNS HAVE, AND SHALL BE DEEMED TO HAVE ASSUMED ALL RISK AND
LABILITY WITH RESPECT TO THE PRESENCE OF TOXIC OR HAZARDOUS
SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL
ENVIRONMENTAL CONTAMINANTS ON, WITHIN OR UNDER THE SURFACE OF THE
PROPERTY, WHETHER KNOWN OR UNKNOWN, APPARENT OR NON-APPARENT OR
LATENT, AND WHETHER EXISTING PRIOR TO, AT OR SUBSEQUENT TO, TRANSFER
OF THE PROPERTY TO GRANTEE. GRANTOR IS HEREBY RELEASED BY GRANTEE
AND ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL
RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS, KNOWN OR UNKNOWN,
INCLUDING, WITHOUT LIMITATION (1) ANY OBLIGATION TO TAKE THE
PROPERTY BACK OR REDUCE THE PRICE, OR (2) ACTIONS FOR CONTRIBUTION OR
INDEMNITY, THAT GRANTEE OR ITS SUCCESSORS AND ASSIGNS MAY HAVE
AGAINST GRANTOR OR THAT MAY ARISE IN THE FUTURE BASED IN WHOLE OR
Page 3 of 10
Ordinance 788
16790220v.4
IN PART UPON THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES,
MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL
CONTAMINANTS ON, WITHIN OR UNDER THE SURFACE OF THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, ALL RESPONSIBILITY, LIABILITY,
OBLIGATIONS AND CLAIMS THAT MAY ARISE UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LABILITY ACT, AS
AMENDED 42 U.S.C. § 9601 ET SEQ. GRANTEE FURTHER ACKNOWLEDGES THAT
THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY EXPLAINED TO
GRANTEE AND THAT GRANTEE FULLY UNDERSTANDS AND ACCEPTS THE SAME.
Grantor and Grantee agree that the Use Restrictions shall run with the Property and inure to the
benefit of Grantor and Grantor’s successors and assigns, subject to the terms and limitations set
forth herein. Upon any breach of the Use Restrictions, and if such breach has remained uncured
after Grantor has provided Grantee not less than ninety (90) days’ notice of the specific nature of
the breach, Grantor or Grantor’s successors or assigns shall have the right to obtain injunctive
relief or specific performance to restrain such breach or enforce the Use Restrictions, in addition
to any other remedy available at law or in equity. The exercise of a remedy shall be exclusive of
any other remedy for the same breach. Time is of the essence in the correction or cure of any
breach of the Use Restrictions.
Page 4 of 10
Ordinance 788
16790220v.4
EXECUTED to be effective the ______ day of ___________, 2016 (the
“Effective Date”).
GRANTOR:
______________________________,
a _____________________________
By: ____________________________________
Name: _________________________________
Title: __________________________________
STATE OF _______________ §
§
COUNTY OF _____________ §
BEFORE ME, the undersigned on this day personally appeared
____________(Name), ________________ (Title) and attested that she/he is authorized
to sign on behalf of ____________________________, a
__________________________________. _____________________ proved to me
through the presentation of a valid form of identification to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that she/he executed the
same for the purposes and consideration therein expressed. M__. _______________
furthermore attested that ___ is signing this document in ___ capacity as
______________ for and on behalf of ____________________________, a
__________________________________, and that such capacity makes his/her
signature valid and binding to ____________________________, a
__________________________________.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of
_________________, 20____.
___________________________________
NOTARY OF PUBLIC,
State of _____________________
My Commission Expires:
________________________
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Ordinance 788
16790220v.4
AGREED TO THIS ______ day of _____________________.
TOWN OF WESTLAKE, TEXAS
By: ______________________
Name: Laura Wheat
Title: Mayor
ATTEST:
By: __________________
Name: Kelly Edwards
Title: Town Secretary
FORM APPROVED BY:
_________________________________
L. Stanton Lowry, Town Attorney
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ____ day of ____________,
by Laura Wheat, Mayor of the Town of Westlake, a Type A General Law Municipality,
on behalf of the Town.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of
_________________, 2016.
___________________________________
NOTARY OF PUBLIC,
State of Texas
My Commission Expires:
________________________
Page 6 of 10
Ordinance 788
16790220v.4
EXHIBIT “A”
LEGAL DESCRIPTION
[Word Legal Description to Be Provided]
Page 7 of 10
Ordinance 788
16790220v.4
Page 8 of 10
Ordinance 788
16790220v.4
EXHIBIT “B”
USE RESTRICTIONS / DEVELOPMENT STANDARDS
Grantor intends for the Property conveyed pursuant to the Special Warranty Deed
to which this Exhibit “B” is attached and made a part (the “Deed”) to be used and
developed in accordance with the provisions set forth herein, and Grantor hereby declares
that the Property shall be, and the Property is hereby sold and conveyed, subject to the
covenants and restrictions set forth in this Exhibit “B” (the “Use Restrictions”) which
shall run with the land and be binding on Grantee (also referred to herein as the “Town”)
and all parties having or acquiring any right, title or interest in the Property or any part
thereof, and which shall inure to the benefit of Grantor and its assignees. Grantor would
not have conveyed the Property to Grantee but for Grantee’s agreement to acquire the
Property subject to the Use Restrictions.
1. PERMITTED USE. The Property shall be used solely for municipal public
uses, which shall include, but not be limited to, fire station or other public
municipal uses (collectively, the “Permitted Use”). The Permitted Use may
be amended in accordance with Paragraph 8 (Amendment) below.
2. PROHIBITED USES. The following uses are prohibited on the Property
either as part of the Permitted use or otherwise.
a. overnight parking of campers, mobile homes, boats or motor
homes;
b. the smelting of iron, tin, zinc, or other ore;
c. sanitary landfill;
d. all sexually-oriented businesses such as, including but not limited
to;
x-rated movie or video sales, theater or rental facility, nude
modeling studio, massage parlor, lounge, or club featuring nude or
semi-nude entertainers or escort service;
e. slaughterhouse or feedlot;
f. the raising or breeding or keeping of animals or poultry except in
connection with charter school activities;
g. drive-in or other type of movie theater;
h. mineral refining facility or operations; and
i. horse or dog racing track or any facility for off-track pari-mutual
betting.
3. DEVELOPMENT RESTRICTIONS. Unless otherwise approved by
Grantor, all development of the Property and all buildings and improvements
constructed in connection with such development shall be in accordance with
the Westlake Unified Development Code as it existed on the Effective Date of
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Ordinance 788
16790220v.4
the Deed to which this Exhibit “B” is attached, and the Westlake Building
Codes as they existed on the Effective Date of the Deed to which this Exhibit
“B” is attached. Notwithstanding anything to the contrary, the adoption by
Grantee of a rezoning ordinance to permit the use of Property for the purposes
allowed by such rezoning, shall not be a violation of these development
restrictions provided that, as between such zoning ordinance and these Use
Restrictions, the terms of Paragraph 7 “Interpretation” shall apply.
4. FIRE PROTECTION. All buildings shall be designed, constructed and
maintained so as to comply fully at all times with any applicable public codes,
ordinances, rules and regulations and order relating to fire protection. All
such buildings and their associated ingress and egress from and to streets and
surface parking areas shall be so related to one another and arranged as to
permit ease of access for emergency fire vehicles.
5. TRASH AND GARBAGE. No building site, or part thereof, shall be used or
maintained as a dumping ground for rubbish, trash or garbage before, during
or after the installation of any improvements. Trash collection containers
shall be situated and enclosed or otherwise screened as required by the Town.
6. FUEL FACILITIES. Fuel storage and dispensing facilities may be installed
on the Property solely as an adjunct to the use specified in item 1 above;
provided, however, that any and all laws, statutes, ordinances, rules,
regulations, orders, or determinations of any governmental authority, whether
federal, state, county, city, or otherwise, pertaining to health, safety, or the
environment in effect in any and all jurisdictions in which the Property is
located, including without limitation, (i) the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), as amended from time to
time including without limitation as amended by the Used Oil Recycling
Act of 1980, the Solid Waste Disposal Act Amendments of 1980, and the
Hazardous and Solid Waste Amendments of 1984 (“RCRA”), and regulations
promulgated thereunder, (ii) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.), as
amended from time to time, including without limitation as amended by the
Superfund Amendments and Reauthorization Act of 1986 (“CERCLA”), and
regulations promulgated thereunder, (iii) the Toxic Substances Control Act
(15 U.S.C. § 2601 et seq.), as amended from time to time, (iv) the Americans
with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended from
time to time (“ADA”), and all regulations and guidelines promulgated
pursuant to the ADA, and all other similar laws, including without limitation
the Architectural Barriers Act of 1968, the Texas Architectural Barriers
Statute of 1978, and the Fair Housing Amendments Act of 1988, and all as
amended from time to time and including all regulations promulgated
pursuant to any one or more of them, (v) the Endangered Species Act
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Ordinance 788
16790220v.4
(15 U.S.C. § 1531 et seq.), as amended from time to time, (vi) laws, statutes,
ordinances, rules, regulations, orders, or determinations relating to
“wetlands”, including without limitation those set forth in the Clean Water
Act (33 U.S.C. § 1251 et seq.), as amended from time to time; (vii) the Texas
Water Code, as amended from time to time, (viii) the Texas Solid Waste
Disposal Act (Tex. Health & Safety Code Ann. §§ 361.001-361.345), as
amended from time to time, and all restrictive covenants existing of record
and all rules and requirements of any existing association or improvement
district affecting the Property shall be complied with.
7. INTERPRETATION. These Use Restrictions shall be given full force and
effect notwithstanding the existence of any zoning ordinance or building
codes that are less restrictive. In the event a conflict exists between these Use
Restrictions and any applicable governmental requirement, the most
restrictive requirement shall prevail. The Use Restrictions shall be construed
under and in accordance with the laws of the State of Texas. Invalidation of
any one or more of the provisions hereof, or any portions thereof, by a
judgment or court order shall not affect any of the other provisions or
covenants herein contained which shall remain in full force and effect.
8. AMENDMENT. These Use Restrictions may be amended or terminated only
by written document, recorded in the Real Property Records of Tarrant
County, Texas, executed by Grantor (or assigns) and the then owner of that
portion of the Property to which such amendment is applicable.
9. ASSIGNMENT. Grantor may freely assign its rights hereunder in whole or
in part by recording such assignment in the Real Property Records of Tarrant
County, Texas. Each transferee of a portion of the Property shall assume the
liabilities of Grantee with respect to that portion of the Property so acquired.
10. INVALIDITY. If any clause or provision of this Deed is illegal, invalid, or
unenforceable under present or future laws effective during the term of this
Deed, then and in that event it is the intention of the parties hereto that the
remainder of this Deed shall not be affected thereby, and it is also the
intention of the parties that in lieu of each clause or provision of this Deed that
is illegal, invalid, or unenforceable, there be added as part of this Deed a
clause or provision as similar in terms to such illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable.
11. TERMINATION. Unless earlier terminated as provided herein, the rights
granted under this Exhibit “B” shall terminate and shall be of no further force
and effect after fifty (50) years of the date hereof.
EXHIBIT “C”
Five Acre land donation located at the northwest corner of Davis Blvd. and
Dove Rd.
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Monday, August 22, 2016
TOPIC: Conduct a Public Hearing and Consideration an ordinance amending
Chapters 1 and 82 of the Westlake Code of Ordinances amending Chapter
1, Section 1-2 by deleting the definition of Preliminary Plat and adding the
definition of Preliminary Site Evaluation; amending chapter 82 providing
for Preliminary Site Evaluations and providing standards for Preliminary
Site Evaluations and plats.
STAFF CONTACT: Rick Chaffin, Acting Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Update Development Regulations
Time Line - Start Date: August 1, 2016 Completion Date: August 22, 2016
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This proposed amendment to the Westlake Code of Ordinances replaces the Preliminary Plat
with the Preliminary Site Evaluation. Currently, Town Council approves a Preliminary Plat
before land developer can commence construction of public improvements (water lines, sewer
lines, roads, etc.). Once all improvements are constructed and accepted by the Town, the
developer may submit a Final Plat for review and approval.
Like a Preliminary Plat, the Preliminary Site Evaluation demonstrates to the Town how a
development will connect to and be served by public and private utilities, where streets will be
located, points of ingress/egress, rights-of-way, and other information vital for safe, high quality
development.
The Preliminary Site Evaluation is a development tool that includes all of the technical
requirements associated with a Preliminary Plat, but with a key difference. Pursuant to §
212.009 of the Texas Local Government Code, a municipality must approve or deny a
Preliminary Plat request within 30 days of a complete application submittal. There are no
statutory time limits related to a Preliminary Site Evaluation. Town Staff feels this distinction
allows for the most thorough review possible in order to hold Westlake development to a
higher standard. Most reviews will still be completed within 30 days and Staff will
continue to process and review development related applications as expeditiously as
possible. However, the Preliminary Site Evaluation allows for greater flexibility in cases
where a longer review time is required or where an applicant does not complete requested
revisions in a timely manner.
The proposed amendments do not change review, approval, or notification procedures. The only
substantive proposed change involves the requirement of a Preliminary Site Evaluation in lieu of
a Preliminary Plat. Staff has also included minor word changes and clarifications in order to
clean up ambiguous and/or outdated language related to plats. While this ordinance amendment
does not require the P&Z Commission’s approval, the Staff reviewed this proposal at the
Commission’s workshop earlier this month and no concerns were expressed.
RECOMMENDATION
Staff recommends approval of the proposed amendments.
ATTACHMENTS
1. Proposed revised ordinance.
Ordinance 789
Page 1 of 20
TOWN OF WESTLAKE
ORDINANCE 789
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER
1, SECTION 1-2 BY DELETING THE DEFINITION OF PRELIMINARY PLAT AND
ADDING THE DEFINITION OF SITE EVALUATION; AMENDING CHAPTER 82
PROVIDING FOR PRELIMINARY SITE EVALUATIONS AND PROVIDING
STANDARDS FOR PRELIMINARY SITE EVALUATIONS AND PLATS; PROVIDING
FOR REQUIREMENTS; PROVIDING FOR APPROVAL OR DENIAL; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the “Town”) is a General Law Municipality
located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the Town Council of Westlake, Texas, finds that preliminary site
evaluations and plats and standards and requirements for preliminary site evaluations and plats
are required for orderly development; and
WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact this
ordinance providing for preliminary site evaluations and plats within the corporate limits of the
Town.
WHEREAS, 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 the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That, the Town hereby adopts the following amendments to sections 1-2;
and section 82-34, 82-35, 82-36 and 82-37 to read as follows:
That Section 1-2 “Definitions” the definition of “Preliminary plat” is deleted and that the
following definitions are added:
Ordinance 789
Page 2 of 20
Preliminary site evaluation. The words "preliminary site evaluation" shall mean the
preliminary drawing or drawings, described in this Code, indicating the proposed manner
or layout of the subdivision or addition to be submitted to the town for approval.
Record drawings. The words “record drawings” or “as-built drawings” shall mean
drawings which reflect all changes made in the specifications and working drawings
during the construction process, and show the exact dimensions, geometry, and location
of all elements of the work completed under the contract, including "record drawings" of
the construction plans for all water, wastewater, drainage and paving facilities and any
other public improvements required to serve the subdivision. Also called as-built
drawings or just as-builts.
Sec. 82-34. -Conference.
Prior to the filing of a preliminary site evaluation, the subdivider shall meet with the
town engineer or designated representative for familiarization with the town's
development regulations and the relationship of the proposed subdivision to the town's
Comprehensive Plan. At the meeting, the general character of the development may be
discussed, and items may be included concerning zoning, the availability of existing
utility service and demand for new utility service, street requirements, and other pertinent
factors related to the proposed subdivision. At this meeting, the town engineer shall
classify the subdivision application as either major or minor and direct the applicant to
the appropriate procedures. At the conference, the subdivider may be represented by
his/her land planner, engineer, or surveyor.
Sec. 82-35. - Procedure for preliminary site evaluation approval.
(a) Purpose and applicability
(1) Purpose. The purpose of the preliminary site evaluation is to allow evaluation of
the proposed development for conformity with requirements, plans, policies and
conditions prior to the submission of the plat.
(2) Applicability. A preliminary site evaluation is required for all major subdivisions
prior to the construction of improvements. A preliminary site evaluation shall be labeled
“Preliminary Site Evaluation.” A preliminary site evaluation is not a preliminary or final
plat. It is a development tool for the benefit of the landowner and the Town to allow the
Town and land owner to work together cooperatively. The time limits applicable to plats
do not apply to a preliminary site evaluation. Any reference to a “preliminary plat” in the
Westlake ordinances shall be understood to mean preliminary site evaluation.
(b) Application procedure and requirements; preliminary site evaluation. Following
the pre-application conference, the applicant may file for approval of a preliminary site
evaluation. The preliminary site evaluation shall be prepared by or under the supervision
Ordinance 789
Page 3 of 20
of a registered professional land surveyor or engineer in the state and shall bear his/her
seal, signature and date on each sheet.
(1) General application contents. A minimum of five paper copies and one digital
copy of the proposed preliminary site evaluation shall be prepared at a scale of one inch
equals 100 feet or larger using the town's base mapping, and in a form substantially as
follows and submitted to the town engineer: If necessary, staff may request additional
paper copies.
a. The proposed preliminary site evaluation shall be submitted on sheets a maximum
size of 24 inches by 36 inches and drawn to a scale of 100 feet to the inch. Subsequent
phases of a master plat may be drawn at a scale of one inch to 400 feet.
b. The boundary lines with distances and bearings and the approximate location and
width of all existing or recorded streets intersecting the boundary of the tract.
c. Close bearings and distances to the nearest established survey monuments and
established subdivisions, which shall be accurately described on the plat.
d. Approximate ties to the abstract and survey corners as required by state surveying
law and the amount of acreage in each abstract shown.
e. The preliminary layout showing:
1. Proposed rights-of-way widths for streets with names, sidewalks, easements,
blocks, parks, etc., with principal dimensions.
2. The length of all arcs, radii, internal angles, points of curvature, length, and
bearings of the tangents.
3. All easements for rights-of-way provided for public services or utilities and any
limitations of the easements.
4. All lot numbers and lines with dimensions in feet and hundredths of feet and with
bearings and angles to street lines.
5. The location of all existing property lines, buildings, sewer or water mains, fire
hydrants, gas mains or other underground structures, easements of record or other
existing features within the area proposed for subdivision.
6. A designation of the proposed uses of the land within the subdivision and any
zoning amendments requested.
7. All physical features of the property to be subdivided, including location and size
of all watercourses, ravines, bridges, culverts, existing structures, drainage area in acres
Ordinance 789
Page 4 of 20
or acreage draining into subdivisions, and other features pertinent to subdivision. The
outline of wooded areas or the location of important individual trees are required.
8. The angle of intersection of the centerlines of all intersecting streets which are
intended to be less than 90 degrees.
9. The preliminary location, material, and size of all monuments approved by the
town engineer.
10. The outline of all property which is proposed for dedication for public use with
the purpose indicated thereon, and of all property that may be reserved by deed covenant
for the common use of the property owners in the subdivision or addition.
11. The name and location of a portion of adjoining subdivisions shall be drawn to the
same scale and shown in dotted lines adjacent to the tract proposed for subdivision in
sufficient detail to show accurately the existing streets and other features that may
influence the layout and development of the proposed subdivision. Where adjacent land
is not subdivided, the owner's name of the adjacent tract shall be shown.
12. In cases where a subdivision contains or abuts a school, park or playground site,
provision of access such as may be required by these subdivision regulations.
13. Front setback lines.
14. Special restrictions including, but not limited to, water line, wastewater line and
drainage easements; fire lanes; screening; and such other requirements for standard notes
as may be contained in the town's Engineering Standards.
15. Contours at five-foot intervals, except on terrain with less than two percent grade
in which event contours at two-foot intervals are required.
16. Proposed name of the subdivision or addition.
17. Name, address and phone number of the property owner and the name of the
engineer or surveyor who prepared the plat.
18. North arrow, scale, site location map and date.
19. The location of flood hazard areas or a statement as to the lack thereof, and a
statement indicating the source of the flood hazard information.
20. Boundary survey closure and area calculations.
21. A notation in the legend labeling the document "Preliminary Site Evaluation" and
identifying the scale.
Ordinance 789
Page 5 of 20
22. The preliminary location and size of all proposed utilities, including water,
sanitary sewer, storm sewer and drainage facilities.
23. The preliminary location and size of all proposed utilities and duct banks.
24. The location of all proposed public and private streets and information indicating
the material and width of the streets and rights-of-way.
25. A phasing plan indicating the phase lines of all land to be platted in phases by
separate final plats. A request for a phasing plan shall be subject to the approval of the
Town Council.
(2) Application fee receipt. A receipt shall also be submitted with the preliminary site
evaluation showing that the application fees as prescribed by the fee schedule in effect at
the time have been paid.
(c) Distribution, hearing and review.
(1) Distribution of copies. The preliminary site evaluations and any other required
documents shall be distributed by the town staff.
Written comments from outside utilities or others are due at least six working days
prior to the meeting of the planning and zoning commission at which the preliminary site
evaluation is to be considered.
(2) Written report. A written report reviewing the proposed subdivision shall be
prepared by the town engineer, with a copy provided to the applicant three days before
the planning and zoning commission's hearing, incorporating the comments of the town
engineer and other officials and agencies to whom a request for review has been made,
and generally reviewing the application, and submitted to the planning and zoning
commission prior to the public hearing on the subdivision preliminary site evaluation
application.
(d) Standards for approval for preliminary site evaluation. No preliminary site
evaluation shall be recommended or approved by the town engineer, planning and zoning
commission or Town Council unless the following standards have been met:
(1) Provision for adequacy, pursuant to article III of this chapter, installation and
dedication of public improvements has been made.
(2) The preliminary site evaluation conforms generally to the goals and policies of the
town Comprehensive Plan and the Thoroughfare Plan incorporated therein.
(3) The preliminary site evaluation meets all other requirements of this chapter.
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(4) The preliminary site evaluation is consistent with an approved or submitted
concept plan or development plan where applicable.
(e) Approval procedure.
(1) Planning and zoning commission decisions. Following review of the preliminary
site evaluation and other materials submitted for conformity thereof to these regulations,
the planning and zoning commission shall recommend only approval as submitted,
approval with conditions or denial of the submitted preliminary site evaluation.
a. Recommended approval. Preliminary site evaluation recommended for approval
or conditional approval shall be filed for hearing by the Town Council.
b. Recommended denial. Preliminary site evaluation not recommended for approval
may be processed, at the option of the applicant, in one of the two following ways:
1. The preliminary site evaluation may be revised in accordance with the
recommendations of the planning and zoning commission and refiled for reconsideration
at a regularly scheduled planning and zoning commission meeting; or
2. The preliminary site evaluation recommended for denial may be filed for hearing
at a regularly scheduled Town Council meeting.
(2) Recording of commission action. The action of the planning and zoning
commission shall be noted on two copies of the preliminary site evaluation, referenced
and attached to any conditions determined. One copy shall be returned to the subdivider
or developer and the other retained in the files of the town staff. A notation of the action
taken on each preliminary site evaluation and requisite reasons therefor shall be entered
in the minutes of the planning and zoning commission.
(3) Forward preliminary site evaluation to Town Council. The town engineer shall
submit the preliminary site evaluation with the recommendations established by the
planning and zoning commission to the Town Council for their consideration, with a
copy provided to the applicant. Seven additional copies of the preliminary site evaluation
should be submitted to the Town Council through the town engineer not less than 15 days
prior to the Council meeting at which consideration is desired.
(4) Town Council consideration of preliminary site evaluation. After review of the
preliminary site evaluation, any and all reports and recommendations as submitted
pursuant to these regulations, and any exhibits submitted at the public hearing, the Town
Council shall approve or deny the preliminary site evaluation. The action of the Town
Council shall be noted on two copies of the preliminary site evaluation. One copy shall be
returned to the subdivider or developer and the other retained in the town files.
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(f) Effect of decision. Approval of a preliminary site evaluation authorizes the
property owner, upon fulfillment of all requirements and conditions of approval, to
submit an application for final plat approval. Approval of a preliminary site evaluation by
the Town Council also constitutes authorization for the town engineer to release
construction plans following his/her review and final approval. Upon release of the
construction plans, the town engineer shall issue a certificate indicating the construction
plans have been released and construction of the public improvements are thereafter
authorized and that grading by the property owner may commence. Additional
certificates may be issued by the town engineer authorizing the construction of private
utilities or facilities on a phased schedule, subject to permit standards otherwise
applicable.
Conditional approval of the preliminary site evaluation by the Town Council ,
however, shall not constitute approval of the final plat.
(g) Amendments to preliminary site evaluation.
(1) Major and minor amendments. At any time following the approval of a
preliminary site evaluation and before lapse of the approval, a property owner may
request an amendment to the approved preliminary site evaluation. All amendments must
conform to the zoning requirements for that property. The requested amendment shall be
classified as a major amendment or minor amendment according to the following criteria:
a. Major amendments include the rerouting of streets, rights-of-way or utility
easements or utility locations, addition or deletion of alleys, or addition or deletion of
more than ten percent of the approved number of lots. Amendments must conform to the
zoning requirements for the property.
b. Minor amendments include the adjustment of street and alley alignments, rights-
of-way or utility easements or utility locations, lengths, and paving details, the addition or
deletion of lots within ten percent of the approved number, and the adjustment of lot
lines; provided that all amendments shall conform to the zoning requirements for the
property.
c. The town engineer may approve or disapprove a minor amendment. Disapproval
may be appealed to the Planning and Zoning Commission and Town Council. Major
amendments may be approved by the Planning and Zoning Commission and the Town
Council at a public meeting in accordance with the same requirements for the approval of
a preliminary site evaluation.
(2) Approval of amendments. The planning and zoning commission shall recommend
and the Town Council shall approve, conditionally approve or disapprove any proposed
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major amendment and may make any modifications in the terms and conditions of
preliminary site evaluation approval reasonably related to the proposed amendment.
(3) Retaining previous approval. If the applicant is unwilling to accept the proposed
amendment under the terms and conditions required by the town, the applicant may
withdraw the proposed amendment and the project as originally submitted will retain the
previous approval.
(h) Lapse of approval, extension and reinstatement procedure.
(1) Lapse of preliminary site evaluation approval. A preliminary site evaluation
expires two years from the date of approval by Town Council, and shall not be extended
by any subsequent approval of any major amendments or minor amendments and such
preliminary site evaluation shall be null and void thereafter, unless a final plat application
for the area depicted in the preliminary site evaluation has been filed with the town unless
an extension has been requested within the two-year period and approved by Town
Council. Thereafter, the applicant shall be required to submit a new preliminary site
evaluation subject to the then-existing subdivision regulations.
(2) Petition for extension or reinstatement of approval. Prior to the lapse of approval
for preliminary site evaluation as provided in these regulations, the property owner may
petition the Town Council to extend or reinstate the approval. The petition shall be
considered at a public meeting of the Town Council.
(3) Decision by the planning and zoning commission. In determining whether to grant
the request, the Town Council shall take into account the reasons for lapse, the ability of
the property owner to comply with any conditions attached to the original approval and
the extent to which newly adopted subdivision regulations shall apply to the preliminary
site evaluation or study. The Town Council shall either extend or reinstate the
preliminary site evaluation, or it shall deny the request, in which instance the property
owner must submit a new application for approval.
(4) Length of time for extended or reinstated preliminary site evaluation. The Town
Council may specify a shorter time for lapse of the extended or reinstated preliminary site
evaluation than is applicable to original approvals.
Sec. 82-36. - Procedure for final plat approval.
(a) Purpose and applicability.
(1) Purpose. The purpose of a final plat is to enable recording of the subdivision of
property that includes the elements specified in V.T.C.A., Local Government Code §
212.004, and which complies with the requirements of V.T.C.A., Local Government
Code § 212.010.
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(2) Applicability. A final plat shall be required for all subdivisions of property
provided for in V.T.C.A., Local Government Code § 212.004.
(3) Preliminary site evaluation requirement. Unless otherwise provided by the UDC,
all final plats shall be prepared in accordance with an approved preliminary site
evaluation. A final plat may constitute a portion of the total area of the preliminary site
evaluation if a phasing plan has been included on the approved preliminary site
evaluation provided that any final plat shall include all phases that have received previous
final plat approval. The phasing plan shall include the entire area that was the subject of
the preliminary site evaluation.
(b) Timing of public improvements.
(1) Public improvements prior to signing plat. The Town Council may require that all
public improvements be constructed, offered for dedication and accepted by the town
prior to the signing of the final plat. The Town Council may permit the deferral of the
construction of public improvements if in its judgment deferring the construction would
not result in any harm to the public, or would offer significant advantage in coordinating
the site's development with adjacent properties and off-site public improvements. Any
required public improvement approved for deferred construction must be provided for as
required in article III of this chapter prior to approval of the final plat.
(2) If public improvements are not completed. If the Town Council does not require
that all public improvements be installed, offered for dedication and accepted by the town
prior to signing of the final plat by the presiding officer, it shall require the applicant to
execute a subdivision improvement agreement and provide security for the agreement as
provided in section 82-61.
(3) Where no preliminary site evaluation is required. This procedure shall also apply
to the approval of a final plat if the preliminary site evaluation is not required.
(c) Submittal requirements. A minimum of five paper copies and a digital copy of the
final plat. together with a computer file of the final plat on media as specified by the
town engineer in either autocad, DXF format or other format, and three sets of
engineering plans shall be submitted to the town engineer at least 15 days prior to the
meeting at which consideration is desired. More paper copies may be required by staff.
This plat shall be submitted at a scale of 100 feet to one inch (for small subdivisions, at a
scale of 50 feet to one inch) and the final plat shall show or be accompanied by the
following information:
(1) The name of the owner and/or subdivider and of the surveyor responsible for the
plat and the following language:
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"Notice: Selling a portion of this addition by metes and bounds is a violation of the
town ordinance and state law and is subject to fines and withholding of utilities and
building permits."
(2) The name of the subdivision and adjacent subdivisions, the names of streets (to
conform wherever possible to existing street names) and number of lots and blocks, in
accordance with a systematic arrangement.
(3) An accurate boundary survey of the property, with bearings and distances,
referenced to survey lines and established subdivisions, and showing the lines of adjacent
lands and the lines of adjacent streets, with their width and names. Street and lot lines in
adjacent subdivisions shall be shown in dashed lines.
(4) Location of proposed lots, streets, public highways, parks and other features, with
accurate dimensions in feet and decimal fractions of feet, with the length of radii and of
arcs of all curves, all angles, and with all other engineering information necessary to
reproduce the plat on the ground. Dimensions shall be shown from all angle points.
Contours, with an interval of two feet or less as governed by the topography, shall be
submitted on a separate sheet and shall be at the same scale as the plat. All elevations
shown shall be referred to town datum. All lots on building sites shall conform to the
minimum standards for the area, width and depth prescribed by chapter 102 for the
district or districts in which the subdivision is located.
(5) The location of building lines on front and side streets and the location of utility
easements.
(6) An instrument of dedication signed and acknowledged by the owner or owners
and by all other persons who have a mortgage or lien interest in the property, showing all
restrictions, reservations and/or easements, if any, to be imposed and reserved in
connection with the addition.
(7) A certificate of dedication incorporating irrevocable offers of dedication to the
public of all streets, public highways, public facilities, parks and other land intended for
public use, signed by the owner or owners and by all other persons who have a mortgage
or lien interest in the property. The certificate of dedication shall incorporate the standard
easement language of the town as jointly prepared by the town attorney and the town
engineer. The plat shall be marked with a notation indicating the formal offers of
dedication. All deed restrictions required by this chapter or agreed to be filed with the
plat shall be submitted with the final plat.
(8) Receipt showing that all taxes are paid.
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(9) Certification by a surveyor, duly licensed by the state, to the effect that the plan
represents a survey made by him/her, and that all the necessary survey monuments are
correctly shown thereon, in accordance with section 82-8.
(10) The following certificates shall be placed on the plat in a manner that will
allow them to be clearly visible on the final plat:
APPROVED BY THE TOWN OF WESTLAKE, TEXAS,
on the ____________/____________/____________ day of ____________
20____________.
ATTEST:
_____
Town Secretary
_____
Presiding Officer
(11) Final plats shall be accompanied by two paper sets of record drawings and
a digital copy of said record drawings. Additional requirements pursuant to a subdivision
improvement agreement under Article 3 of this chapter shall also be met.
(12) Final plats shall be accompanied by a lot grading plan drawn at a scale of
100 feet to one inch in accordance with the town's Engineering Standards.
(13) When more than one sheet is used for a plat, a key map showing the entire
subdivision at smaller scale with block numbers and street names shall be shown on one
of the sheets or on a separate sheet of the same size.
(14) The subdivision improvement agreement and security, if required, in a
form satisfactory to the town attorney and in accordance with Article 3 of this chapter,
and shall include a provision that the property owner shall comply with all the terms of
the final plat approval as determined by the Town Council.
(15) A plat fee, together with other authorized fees applicable to the
development, in accordance with the fee schedule applicable at the time of plat filling.
(16) Certification by a surveyor to the effect that the plat represents a survey
made by him/her and that all the monuments shown thereon actually exist, and that their
location, size, and material description are correctly shown, and that the survey correctly
shows the location of all visible easements and all rights-of-way, easements and other
matters of record affecting the property being platted.
(17) Boundary survey closure and area calculations.
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(18) Protective covenants (deed restrictions) whereby the subdivider proposes
to regulate land use or development standards in the subdivision.
(19) The accurate location, material, and size of all monuments approved by
the town engineer. For subdivisions larger than 30 acres, global positioning systems
(GPS) shall be used to establish the location of a minimum of two corners of the
subdivision or addition. The establishing of the location of one additional monument by
global positioning systems may be required for each additional 20 acres or fraction
thereof for developments that are larger than 50 acres. These monuments shall be tied
vertically and horizontally to the town's existing global positioning systems coordinate
system. All global positioning system coordinates shall be determined such that the
maximum error does not exceed 0.1 feet. Elevations and the location of all other
subdivision corner monuments shall be established to at least third order accuracy.
(20) Title information. Each plat submitted for preliminary site evaluation shall
be accompanied by a certificate or letter from a title guaranty company or title attorney
indicating a current search and certifying to at least the following concerning title to the
land:
a. Name of the fee owner as of the date of examination and the date, file number,
volume and page of the recording of the deed involved.
b. The name, file number, date of filing and volume and page of any lien-holders.
c. A general description of any existing easements or fee strips granted, along with
the file number, date of filing, and volume and page of recording.
(21) That all residential final plats contain the following owner's dedication
language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT [Name of Property Owner(s)] DO HEREBY ADOPT THIS PLAT,
DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS [Name of
Subdivision] , AN ADDITION TO THE TOWN OF WESTLAKE, [TARRANT or
DENTON] COUNTY, TEXAS. THE EASEMENTS THEREON ARE HEREBY
RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE
EASEMENTS SHALL BE HELD IN TRUST FOR THE PUBLIC BY THE TOWN,
AND AS APPLICABLE, OPEN TO FIRE AND POLICE UNITS, GARBAGE AND
RUBBISH COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE
UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR
THE USE OF A PARTICULAR EASEMENT OR THE PUBLIC. THE
MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND
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FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED,
RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS
AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED FOR MUTUAL
USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES SPECIFICALLY
APPROVED BY THE TOWN OF WESTLAKE. ANY PUBLIC UTILITY
SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE TO USE A
PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP
REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR
OTHER IMPROVEMENTS OR GROWTHS WITHIN THE EASEMENT OR RIGHT-
OF-WAY WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE
CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM ON THE
EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL
RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING,
PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART
OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES, RULES,
REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS.
THE TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE
THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE
PURPOSE OF READING METERS, MAINTENANCE AND SERVICE REQUIRED
OR ORDINARILY PERFORMED BY THAT UTILITY.
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE
ADDITIONAL AREA OF WORKING SPACE FOR CONSTRUCTION AND
MAINTENANCE OF THE SYSTEMS. ADDITIONAL AREA IS ALSO CONVEYED
FOR INSTALLATION AND MAINTENANCE OF MANHOLES, CLEANOUTS, FIRE
HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE
MAIN TO THE CURB OR PAVEMENT LINE. DESCRIPTION OF THESE
ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE DETERMINED BY
THEIR LOCATION AS INSTALLED.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS.
WITNESS MY HAND THIS THE ____________ DAY OF ____________,
____________.
By:
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[Name of Property Owner(s)]
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of
Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATIONS THEREIN EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
All nonresidential final plats shall contain the following owner's dedication language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT ____________, DO HEREBY ADOPT THIS PLAT, DESIGNATING THE
HEREIN ABOVE DESCRIBED PROPERTY AS ____________, AN ADDITION TO
THE TOWN OF WESTLAKE, [TARRANT or DENTON] COUNTY, TEXAS. THE
EASEMENTS THEREON ARE HEREBY RESERVED FOR THE PURPOSES
INDICATED, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS
FILED WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON]
COUNTY. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO
FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES
AND THE PUBLIC AND PRIVATE UTILITIES FOR WHICH THE EASEMENT IS
RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE FOR THE USE OF A PARTICULAR EASEMENT. THE
MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND
FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS, OR OTHER PERMANENT IMPROVEMENTS SHALL
BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS
THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED
FOR USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES FOR WHICH
THE EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED BY THE
TOWN OF WESTLAKE. ANY PUBLIC UTILITY FOR WHICH THE EASEMENT IS
Ordinance 789
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RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE TO USE A PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO
REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS OR
OTHER IMPROVEMENTS WHICH IN ANY WAY MAY ENDANGER OR
INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF
ITS SYSTEM IN THE EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL
TIMES HAVE FULL RIGHT OF INGRESS AND EGRESS UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING,
PATROLLING, AND MAINTAINING AND ADDING TO OR REMOVING ALL OR
PART OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS FILED
WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON] COUNTY. THE
TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE THE
RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE
OF READING METERS, MAINTENANCE AND SERVICE REQUIRED OR
ORDINARILY PERFORMED BY THAT UTILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLAT, THE
OWNERS, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS,
RESERVE AND RETAIN THE RIGHT TO GRANT OTHER RIGHTS AND
EASEMENTS ACROSS, OVER OR UNDER THE EASEMENT TRACT(S) TO SUCH
OTHER PERSONS AS THE OWNERS DEEM PROPER, PROVIDED SUCH OTHER
GRANTS ARE SUBJECT TO THE EASEMENTS TO THE TOWN OF WESTLAKE
GRANTED IN THIS PLAT OR THE EASEMENT DOCUMENTS, AND THE USES
GRANTED DO NOT MATERIALLY INTERFERE WITH THE USE OF SAID
EASEMENTS BY THE TOWN OF WESTLAKE FOR THE PURPOSES SET FORTH
HEREIN AND THE TOWN APPROVES SAID ADDITIONAL EASEMENTS OR
ADDITIONAL USES IN WRITING. ANY DAMAGES TO FACILITIES LOCATED
IN SAID EASEMENTS AS A RESULT OF THE USE GRANTED TO SUCH OTHER
PERSON SHALL BE PROMPTLY REPAIRED BY SUCH OTHER PERSON, AND
THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO SUCH OTHER PERSON'S FACILITIES IN CONNECTION WITH THE
USE OF SAID EASEMENT BY THE TOWN OF WESTLAKE.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS PLAT, THE OWNERS, AND THEIR SUCCESSORS AND ASSIGNS, MAY
USE THE EASEMENT TRACT(S) IDENTIFIED IN THE EASEMENT
DOCUMENTS, AND SHOWN WITHIN THE BOUNDARIES OF THE PLATTED
PROPERTY FOR PAVING, PEDESTRIAN WALKWAY, PARKING,
LANDSCAPING AND AERIAL IMPROVEMENT PURPOSES (THE
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"IMPROVEMENTS"), WHICH DO NOT MATERIALLY INTERFERE WITH OR
PREVENT THE USE BY THE TOWN OF WESTLAKE OF SAID EASEMENTS FOR
THE PURPOSES SET FORTH HEREIN. ANY DAMAGES TO FACILITIES
LOCATED IN THE EASEMENTS IDENTIFIED ON THE PLATTED PROPERTY AS
A RESULT OF SUCH USES SHALL BE PROMPTLY REPAIRED BY THE THEN-
CURRENT OWNER OF THE PLATTED PROPERTY THAT CAUSED SUCH
DAMAGE, AND THE TOWN OF WESTLAKE SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGES TO THE IMPROVEMENTS IN
CONNECTION WITH THE USE OF SAID EASEMENTS BY THE TOWN OF
WESTLAKE.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS.
WITNESS MY HAND THIS THE ____________ DAY OF
____________/____________/____________, ____________.
By:
[Name of Property Owner(s)]
STATE OF TEXAS §
§
COUNTY OF [TARRANT or DENTON] §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of
Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATIONS THEREIN EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
(d) Distribution and review.
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(1) Distribution of copies. Final plats and engineering plans shall be distributed by
the town engineer or town secretary.
(2) Staff report. A staff report shall be prepared and a copy provided to the applicant
and submitted prior to the planning and zoning commission hearing on the final
subdivision plat application stating the comments of the subdivision review. After
preparation of the report, the final plat and report shall be filed with the planning and
zoning commission for consideration at its next regularly scheduled meeting.
(e) Standards for approval; requirements.
(1) Standards for approval. No final plat shall be recommended or approved by the
town engineer, planning and zoning commission or Town Council unless the following
standards have been met:
a. The plat substantially conforms to the preliminary site evaluation, if a preliminary
site evaluation was required.
b. Required public improvements have been constructed and accepted or a
subdivision improvement agreement has been accepted by the town providing for the
subsequent completion of improvements.
c. The plat conforms to the town's Comprehensive Plan, Thoroughfare Plan, Master
Plans for Utilities and Drainage, and all applicable zoning and other regulations.
d. Provision has been made for adequate public facilities under the terms of this
chapter.
e. The plat meets all other requirements of this chapter.
f. Payment of all fees has been made.
(2) Requirement for approval. The town engineer, planning and zoning commission
or Town Council shall recommend or approve the plat if:
a. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities
and Drainage and its current and planned streets, alleys, parks, open space, and public
utility facilities;
b. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities
and Drainage for the extension of roads, streets, and public highways within the town and
in its extraterritorial jurisdiction, taking into account access to and extension of sewer and
water mains and the instrumentalities of public utilities;
c. Any applicable bonds are filed; and
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d. It conforms to subsection (e)(1) “Standards for Approval” of this section.
(f) Approval procedure; recording of action.
(1) Approval procedure. After review of the final plat, the town engineer shall place
the final plat for decision on the agenda of a public meeting of the planning and zoning
commission. Minor plats may be approved by the engineer or referred to the Planning
and Zoning Commission and Town Council. Following review of the final plat and other
materials submitted for conformity thereof to these regulations, the planning and zoning
commission shall recommend approval or denial of the submitted final plat to the Town
Council.
a. Recommended approval. Final plats recommended for approval shall be filed for
hearing by the Town Council.
b. Recommended denial. Final plats not recommended for approval may be
processed in one of the two following ways:
1. Final plat may be withdrawn and revised in accordance with the recommendations
of the planning and zoning commission and refiled for reconsideration at a regularly
scheduled planning and zoning commission meeting; or
2. The final plat recommended for denial may be filed for hearing at the next
regularly scheduled Town Council meeting, with or without the recommend changes.
c. Minor plats.
Minor plats may be approved as set out in this chapter and state law.
(2) Recording of commission action. The action of the planning and zoning
commission shall be noted on two copies of the final plat, referenced and attached to any
conditions determined. One copy shall be returned to the subdivider or developer and the
other retained in the files of the town staff. A notation of the action taken on each final
plat and requisite reasons therefor shall be entered in the minutes of the planning and
zoning commission.
(g) Certificate of compliance. Upon final approval of a final plat required by these
regulations, the Town Council shall issue to the person applying for approval a certificate
stating that the final plat has been approved by the town. For purposes of this section,
final approval shall not occur until all conditions of approval have been met.
(h) Effect of decision.
(1) Effect of approval of final plat. Approval of a final plat shall certify compliance
with the regulations of the town pertaining to the subdivision of land. An approved and
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signed final plat may be filed with the county as a record of the subdivision of land and
may be used to reference lots and interests in property thereon defined for the purpose of
conveyance and development as allowed by these regulations.
(2) Effect of denial. In the case of a denial of a final plat, the town shall advise the
subdivider as to future requirements to obtain approval of the plat.
(i) Signing and recording of final plat.
(1) When improvement agreement and security are required. When a subdivision
improvement agreement and security are required, the presiding officer and the town
secretary shall endorse approval on the final plat after the agreement and security have
been approved by the Town Council, and all the conditions pertaining to the final plat
have been satisfied.
(2) When installation of public improvements is required. There shall be written
evidence that the required public facilities have been installed in a manner satisfactory to
the town as shown by a certificate signed by the town engineer stating that the necessary
dedication of public lands and installation of public improvements has been
accomplished.
(3) Recording final plat and agreements. It shall be the responsibility of the town
engineer to file the final plat with the county clerk. Simultaneously with the filing of the
final plat, the town engineer shall record such other agreements of dedication and legal
documents as shall be required by these regulations. The final plat bearing all required
signatures, shall be recorded after final approval. One copy of the recorded final plat will
be forwarded to the property owner by the town engineer.
SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly
saved as to any and all violations of the provisions of the prior ordinance sections which existed
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, the same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
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
Ordinance 789
Page 20 of 20
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 be cumulative of all provisions of ordinances of the
Town except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
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 22md DAY OF AUGUST 2016.
____________________________
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 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Public Hearing and Consideration of an Ordinance Establishing, Creating,
and Designating the Site Specific Town of Westlake Tax Reinvestment
Zone 4 to Provide Town Tax Abatement Incentives per the Economic
Development Agreement Approved Via Resolution 16-26 for the Project
Commonly Known as the Charles Schwab & Co. Westlake Corporate
Office Campus.
STAFF CONTACT: Thomas E. Brymer, Town Manager/ Superintendent
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
People, Facilities, &
Technology
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Optimize Planning &
Development
Capabilities
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 22, 2016 Completion Date: August 22, 2016
Funding Amount: N/A Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On June 16, 2016 the Town Council adopted Resolution 16-26 approving an Economic
Development Agreement with CS Kinross Lake Parkway and its Affiliate Charles Schwab & Co.
This Economic Development Agreement provides for economic development incentives for the
Schwab corporate office complex announced to be located in the Town of Westlake. One of
those incentives is tax abatement of Town ad valorem taxes under certain terms and conditions
(i.e. 10 year term on the “qualified facility” beginning at 100% and declining at 10% over the 10
Page 2 of 2
year term). This public hearing and consideration of this ordinance is the next step required
under the law to implement this tax abatement offered in the Economic Development Agreement
approved by Resolution 16-26. Notices have been sent, as required by law, to the other local
government entities in which this Reinvestment Zone would be located (Northwest ISD and
Denton County). Denton County is offering tax abatement incentives of Denton County’s ad
valorem taxes for this project as well. Also as required by law, notice for this public hearing has
been published in the Town’s newspaper of official record.
Tax abatement can be granted by Texas local governments by either 380 Economic Development
Grants or by this method, establishing a Tax Reinvestment Zone (TRZ). Since Denton County
prefers the later methodology, the Town is cooperating by utilizing this methodology as well, i.e.
establishing a tax reinvestment zone.
This zone, Tax Reinvestment Zone #4 (TRZ #4), is located in the northwest portion of Westlake,
near the intersection of State Highways 170 and 114 as shown on the map attached to the
proposed ordinance establishing this zone. The public notice describes the location of the this
TRZ as “…generally located in the north portion of the Town, east of Ottinger Road and south of
SH 114, located on the Circle T Ranch.” The zone is site specific (1.802 acres) with a field note
description (see attached ordinance). It should be noted that this TRZ #4 is only one part of the
Schwab property which Schwab purchased from Hillwood. But, it is the only part of Schwab’s
property being being designated as a reinvestment zone for purposed of tax abatement at this
time, i.e. further tax abatement would require additional economic development agreements and
the creation of additional TRZ’s on the remainder of Schwab’s property.
Additionally, it should be noted that the Schwab project one part, the Schwab office complex
portion, of an even larger project called until recently Project Blizzard. North of and adjacent to
this re-investment zone (and the remainder of Schwab property), will be a mixed use project
developed by Hillwood Properties and their partner Howard Hughes Corporation. That project is
connected in any way to the tax abatement incentives proposed in this ordinance.
RECOMMENDATION
Recommend holding the public hearing on this proposed TRZ #4. Following closure of the
public hearing, staff recommends Council adoption of the ordinance establishing Tax
Reinvestment Zone #4 (TRZ #4) for the Charles Schwab Project.
ATTACHMENTS
Ordinance Establishing Town of Westlake Tax Reinvestment Zone #4 (TRZ #4).
Ordinance 790
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 790
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING
COMMERCIAL/INDUSTRIAL TAX ABATEMENT REINVESTMENT ZONE NO. 4,
IN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, the Town Council ("Council") of the Town of Westlake, Texas
("Town"), desires to promote the development or redevelopment of a certain contiguous
geographic area within its jurisdiction by the creation of a reinvestment zone ("Zone) for
commercial/industrial tax abatement, as authorized by Chapter 312, Property Redevelopment
and Tax Abatement Act, Texas Tax Code, Subchapter B, Sections 312.201 and 312.202, as
amended (the "Code"); and
WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, a
Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. (the Owner) desire
to enter into a partnership to continue this planned growth through an economic development
agreement which sets out responsibilities for the Owner and the Town as it relates to the
development in Westlake as established in Resolution 16-26, approved on June 16, 2016: and,
WHEREAS, the Town has elected to become eligible to participate in tax abatement;
and
WHEREAS, a public hearing at a regularly scheduled meeting before the Board was
held at 6:30 p.m. on the 22nd day of August, 2016, such date being at least seven (7) days after
the date of publication of the notice of such public hearing in a newspaper having general
circulation in the Town as required by the Code; and
WHEREAS, notice of the public hearing was delivered to the presiding officer of the
governing body of each taxing unit located within the proposed reinvestment zone at least
seven (7) days before the date of the public hearing; and
WHEREAS, the Town at such hearing invited all interested persons, or their
representatives, to appear and speak for or against the creation of the proposed reinvestment
zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory
described in this ordinance should be included in such proposed reinvestment zone, and the
concept of tax abatement; and
WHEREAS, all interested persons spoke and the proponents of the reinvestment zone
offered evidence, both oral and documentary, in favor of the creation of the proposed
reinvestment zone and the proponents also submitted evidence as to the proposed
Ordinance 790
Page 2 of 3
improvements; and
WHEREAS, the Town Council of the Town of Westlake, Texas, approving the
ordinance is of the opinion that it is in the best interests of the town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct and are incorporated herein in their
entirety.
SECTION 2: The Council, after conducting such hearings and having heard such
evidence and testimony, has made the following findings and determinations based on the
testimony and evidence presented to it:
(a) That a public hearing on the designation of the reinvestment zone has been
properly called, held and conducted and that notices of such hearings have been
published as required by law and delivered to all taxing units located within the
proposed reinvestment zone; and
(b) That the boundaries of the reinvestment zone should be the area as described in
the metes and bounds description attached hereto and identifies as Exhibit "A",
which are incorporated herein for all purposes and which area is within the
taxing jurisdiction of the Town; and
(c) That the creation of the reinvestment zone for commercial/industrial tax
abatement, with boundaries as described in Exhibit "A" attached hereto will
result in benefits to the Town and to the land included in the Zone and to the
Town after the expiration of any Tax Abatement Agreement entered into and the
improvements sought within the Zone are feasible and practical; and
(d) That the reinvestment zone as defined ·in Exhibit "A" attached hereto meets
the criteria for the creation of a reinvestment zone as set forth in the Code, as
amended, in that it is reasonably likely as a result of the designation to
contribute to the retention or expansion of primary employment or to attract
major investment in the Zone that would be a- benefit to the property and that
would contribute to the economic development of the Town; and
(e) That the reinvestment zone as defined in Exhibit "A" attached hereto meets
the criteria for the creation of a reinvestment zone as set forth in the Town of
Westlake Tax Abatement Policy, which Policy establishes guidelines and
criteria governing tax abatement agreements by the Town and provide for the
availability of tax abatement for both new facilities and structures and for the
expansion or modernization of existing facilities and structures.
SECTION 3: That pursuant to the Code, the Town hereby creates a reinvestment zone
for commercial/industrial tax abatement encompassing only the area described by the metes
and bounds in Exhibit "A" attached hereto and such reinvestment zone is hereby designated
and shall hereafter be designated as Reinvestment Zone No. 4, Town of Westlake, Texas.
Ordinance 790
Page 3 of 3
SECTION 4: That the Town shall deliver to the Texas Comptroller's Office a general
description of the reinvestment zone, including its size, the types of property located in it, its
duration, and the guidelines and criteria established for the reinvestment zone under Section
312.002 of the Code, including subsequent amendments and modifications of the guidelines or
criteria.
SECTION 5: That the Zone shall take effect on the 22nd day of August 2016.
SECTION 6: 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 7: 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 8: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
T12
611 10
ASPHALT
BRIDGE
BARBED WIRE
BAR
BED WIRE
PIPE FENCE APPROXIMATE SURVEY LINEDENTON COUNTY
TARRANT COUNTY
APPROXIMATE COUNTY LINE
O.P.R.D.C.T.
Vol. 4247, Pg. 2883
15' Hike & Bike Trail Easement
O.P.R.D.C.T.
Vol. 4247, Pg. 2883
Trail Construction Easement
40' Temporary Hike & Bike
O.P.R.D.C.T.
Vol. 4247, Pg. 2899
Construction Easement
200' Temporary Lake
O.P.R.D.C.T.
Vol. 4247, Pg. 2908
Tract 2
20' Public Utility Easement
O.P.R.D.C.T.Inst.# 2009-55583Parcel #1Hw 2421 Land Lp
O.P.R.T.C.T.Inst.# D208308067Margaret B. Lee
N
E
S
W
O.P.R.T.C.T.Inst.# D206256955Tract 2Town of West Lake
G:\JOB\HWA15032_Blizzard\Sur\HWA15032_bn2.dgn1/18/201611:10:03 PMOF SHEETS
SHEETRevisions:TBPLS Firm Reg. No. 10177700Date:Checked By:Drawn By:Job #:Copyright c 2016 Peloton Land Solutions, Inc.Default5751 KROGER DR. STE. 185 KELLER, TX 76244 817-562-3350ABSTRACT NO. 393
RICHARD EADS SURVEY
O.P.R.T.C.T.Inst.# D208013338Town of West Lake
Map no. 48121C0655G, Revised April 18, 2011
digitized from Flood Insurance Rate Map
Approximate 100 Year Floodplain
VICINITY MAP N.T.S.
OTTI
N
GE
R
Cemetery
Oddfellows
Turner
Lake
T
R
A
IL
V
ILL
AG
ESONORA
OAKMONTTURNERMAIN TRAIL LAKEsite
170
114
GRAPHIC SCALE IN FEET
100 200 3000
IRS
IRS
1.802 Ac.
EDGE OF WATER
EDGE OF WATER
IRSIRS
IRSIRS
IRS
IRS
IRS
IRSIRS
IRS
ABSTRACT NUMBER 393,DENTON COUNTY, TEXASOF LAND SITUATED IN THE RICHARD EADS SURVEY, A BOUNDARY SURVEY OFIRS
O.P.R.D.C.T.Inst.# 98-R0118649Associates, LTDWestlake Retail
L1
C1
L2
L3
L4
C2
C3
C4
C5L5
L6
L7
L8
L9
L10 HWA15032SRAMSEYTBRIDGES1/18/2016SIGNAL POLE
SIGNAL BOX
GAS MANHOLE
GUIDE WIRE
SERVICE POLE
POWER POLE
LIGHT POLE
PIPELINE MARKER
WATER MANHOLE
BURIED CABLE MARKER / TELEPHONE
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
SIGN
Legend
Commencing
Point of
Beginning
Point of
O.P.R.D.C.T.
Inst.# 2009-55583
Parcel #1
HW 2421 Land LP
O.P.R.D.C.T.Inst.# 2009-55583Parcel #1HW 2421 Land LP
O.P.R.D.C.T.
Inst.# 2009-55583
Parcel #1
HW 2421 Land LP
Lake Area Vol. 4247, Pg. 2837 O.P.R.D.C.T.
ABSTRACT NO. 1154
JESSE SUTTON SURVEY
(BLANKET IN NATURE) (ITEM 10j)
COUNTY RECORDS, DENTON COUNTY, TEXAS AFFECTS THE SUBJECT PROPERTY.
IN VOLUME 4247, PAGE 2876 AND VOLUME 4247, PAGE 2869 OF THE
OF SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED
8. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS, WITH WAIVER
NATURE) (ITEM 10i)
DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT TRACT. (BLANKET IN
LIENS RECORDED IN VOLUME 4247, PAGE 2837 OF THE COUNTY RECORDS,
7. TERMS, PROVISIONS, CONDITIONS, OBLIGATIONS, ASSESSMENTS AND
TRACT. (BLANKET IN NATURE) (ITEM 10h)
THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT
6. AGRICULTURAL LEASE RECORDED IN VOLUME 4247, PAGE 2920 OF
COUNTY, TEXAS, AFFECT THE SUBJECT TRACT AS SHOWN. (ITEM 1)
INSTRUMENT NUMBER 95-R0029595 OF THE COUNTY RECORDS, DENTON
SUBJECT TRACT AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN
OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECT THE
5. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837
ASSUMES NO LIABILITY FOR THAT MAP.
48121C0655 G REVISED DATE OF APRIL 18, 2011. THE SURVEYOR
DETERMINED FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER
4. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS
STAMPED "PELOTON" UNLESS OTHERWISE NOTED.
3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP
NORTH CENTRAL ZONE, 4202, NAD83.
2. BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, TEXAS
EASEMENTS AND OTHER MATTERS OF RECORD.
EFFECTIVE DATE OF NOVEMBER 15, 2015 AND WAS RELIED ON FOR
COMPANY UNDER GF NUMBER 1002-171131-RTT, AND HAVING AN
OF THE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE
1. THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A COMMITMENT
NOTES:1.802 Acres1.802 Acres
ABSTRACT NUMBER 393,DENTON COUNTY, TEXAS
OF LAND SITUATED IN THE RICHARD EADS SURVEY,
A BOUNDARY SURVEY OF
NO.BEARING DISTANCE
L1 127.87'
L2 78.72'
L3 25.20'
L4 194.11'
L5 16.72'
L6 11.14'
L7 49.98'
L8 170.26'
L9 304.03'
L10 213.57'
NO.DELTA RADIUS LENGTH BEARING DISTANCE
C1 293.43'270.40'
C2 205.35'195.99'
C3 33.89'33.84'
C4 47.12'42.43'
C5 312.52'304.95'
211.21'
194.92'
179.93'
30.00'
408.29'
Date: 1-18-2016
Todd a. Bridges, RPLS 4940
relied upon as a final survey document" 22 TAC 663.18C
for any purpose and shall not be used or viewed or
"Preliminary, this document shall not be recorded
79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS.
THENCE N 64°51'12"E, 213.58 FEET TO THE POINT OF BEGINNING AND CONTAINING
"PELOTON" SET;
ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED
THENCE N 80°32'48"E, 304.03 FEET, DEPARTING SAID SOUTH LINE, OVER AND
ROD WITH CAP STAMPED "PELOTON" SET;
LONG CHORD WHICH BEARS S 21°22'48"W, 304.95 FEET TO A 5/8 INCH IRON
A CENTRAL ANGLE OF 43°51'24", HAVING A RADIUS OF 408.29 FEET, THE
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 312.52 FEET, THROUGH
WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
CHORD WHICH BEARS S 44°27'07"W, 42.43 FEET TO A 5/8 INCH IRON ROD
CENTRAL ANGLE OF 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG
WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A
"PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE LEFT;
S 89°27'07"W, 170.26 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
N 00°32'53"W, 49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
S 89°27'07"W, 11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
ROD WITH CAP STAMPED "PELOTON" SET;
LONG CHORD WHICH BEARS N 28°08'22"W, 33.84 FEET TO A 5/8 INCH IRON
A CENTRAL ANGLE OF 10°47'26", HAVING A RADIUS OF 179.93 FEET, THE
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH
"PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
N 89°27'07"E, 16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
ROD WITH CAP STAMPED "PELOTON" SET;
LONG CHORD WHICH BEARS N 60°53'56"W, 195.99 FEET TO A 5/8 INCH IRON
A CENTRAL ANGLE OF 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 205.35 FEET, THROUGH
FOLLOWING COURSES AND DISTANCES;
THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE
CURVE TO THE RIGHT;
"PELOTON" SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A
S 89°27'07"W, 194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
S 00°32'53"E, 25.20 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
S 89°27'07"W, 78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
FEET, THE LONG CHORD WHICH BEARS S 89°27'07"W, 270.40 FEET TO A
THROUGH A CENTRAL ANGLE OF 79°36'02", HAVING A RADIUS OF 211.21
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET,
FOLLOWING COURSES AND DISTANCES;
THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE
TO THE RIGHT;
IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE
ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH
THENCE S 89°27'07"W, 127.87 FEET, WITH THE NORTH LINE OF SAID LAKE
RECORDS;
ASSOCIATES, LTD RECORDED IN INSTRUMENT NUMBER 98-R0118649 SAID PUBLIC
CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL
THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST
COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET AT
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
RECORDED IN VOLUME 4247, PAGE 2837, SAID PUBLIC RECORDS AND BEING
AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
DENTON COUNTY, TEXAS AND BEING ALL OF THE AREA DEFINED AS THE "LAKE
IN INSTRUMENT NUMBER 2009-55583 OF THE OFFICIAL PUBLIC RECORDS,
THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, LP RECORDED
ABSTRACT NUMBER 393, DENTON COUNTY, TEXAS AND BEING A PORTION OF
BEING A CERTAIN TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY,
DESCRIPTION
Ordinance 790
DESCRIPTION
BEING A CERTAIN TRACT OF LANDSITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, DENTONCOUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, LP
RECORDED IN INSTRUMENT NUMBER2009-55583 OF THE OFFICIAL PUBLIC RECORDS,
DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT AREA DEFINED AS THE "LAKE AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS RECORDED IN VOLUME 4247, PAGE 2837, SAID
PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET AT THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED
TO WESTLAKE RETAIL ASSOCIATES, LTD RECORDED IN INSTRUMENT NUMBER 98-R0118649 SAID PUBLIC RECORDS;
THENCE S 89°27'07"W, 127.87 FEET, WITH THE NORTH LINE OF SAID LAKE ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 293.43 FEET, THROUGH A CENTRAL ANGLE OF 79°36'02", HAVING A RADIUS OF 211.21 FEET, THE LONG CHORD WHICH BEARS
S 89°27'07"W, 270.40 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 00°32'53"E, 25.20 FEET TOA 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE FOLLOWING COURSES AND DISTANCES;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 205.35 FEET, THROUGH A CENTRAL ANGLE OF 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE LONG CHORD WHICH BEARS
N 60°53'56"W, 195.99 FEET TOA 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
N 89°27'07"E, 16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH A CENTRAL ANGLE OF 10°47'26", HAVING A RADIUS OF 179.93 FEET, THE LONG CHORD WHICH BEARS
N 28°08'22"W, 33.84 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
N 00°32'53"W, 49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 170.26 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE LEFT;
WITH SAID CURVE TOTHE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WHICH BEARS S 44°27'07"W, 42.43 FEET TO A
5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 312.52 FEET, THROUGH A CENTRAL ANGLE OF 43°51'24", HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD WHICH BEARS
S 21°22'48"W, 304.95 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
THENCE N 80°32'48"E, 304.03 FEET, DEPARTING SAID SOUTH LINE, OVER AND ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
THENCE N 64°51'12"E, 213.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS.
Ordinance 790
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, August 22, 2016
TOPIC: Consideration for Adoption of a Resolution Designating a Neighborhood
Empowerment Zone in the Town of Westlake Related to the Charles
Schwab & Co. Corporate Office Campus Site Designated for Tax
Reinvestment Zone #4.
STAFF CONTACT: Thomas E Brymer, Town Manager/ Superintendent
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
People, Facilities, &
Technology
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Optimize Planning &
Development
Capabilities
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 22, 2016 Completion Date: August 22, 2016
Funding Amount: N/A Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On June 16, 2016, the Westlake Town Council adopted Resolution 16-26 which approved an
Economic Development Incentives Agreement (the Agreement) between the Town of Westlake
(Town) and CS Kinross Lake Parkway, a Delaware limited liability company, and its affiliate
Charles Schwab & Co., Inc. (the Owner). This Agreement established the parameters for Town
economic development incentives offered by the Town to the Owner for the project known as the
Charles Schwab & Co. Westlake corporate office campus.
Page 2 of 2
Further, in the Agreement approved by Resolution 16-26, the Town agreed to establish a
Neighborhood Empowerment Zone (NEZ) for the Schwab project. A Neighborhood
Empowerment Zone (NEZ) is a tool available pursuant to Chapter 378 of the Texas Local
Government Code which local government may, under certain criteria, use for a number of uses,
including economic development. The Town of Westlake last approved use of an NEZ in
connection with the Deloitte University project in 2008.
The proposed resolution that would, if approved, establish this NEZ would only establish the
NEZ on the same 1.8 acres of the Charles Schwab & Co. site that is proposed for Tax
Reinvestment Zone #4.
RECOMMENDATION
The Economic Development Agreement approved by the Town on June 16, 2016, for the
Schwab project provides that the Town will establish this NEZ. Staff recommends approval of
this resolution establishing this particular NEZ. Additional agreements would be required for
utilization of this NEZ for economic development, this resolution only establishes as a tool that
the Town and Charles Schwab & Co. might use for this project.
ATTACHMENTS
Resolution designating this NEZ with attachment showing specific area to be designated as such
on the Charles Schwab & Co. property in Westlake.
Resolution 16-31
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 16-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
DESIGNATING A NEIGHBORHOOD EMPOWERMENT ZONE IN THE TOWN OF
WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Town Council (“Council”) of the Town of Westlake, Texas, ("Town"),
desires to promote and increase economic development in the Town, and the property described
herein, pursuant to Chapter 378 of the Texas Local Government Code; and
WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, a Delaware
limited liability company, its affiliate Charles Schwab & Co., Inc. (the Owner) desire to enter into a
partnership to continue this planned growth through an economic development agreement which
sets out responsibilities for the Owner and the Town as it relates to the development in Westlake as
established in Resolution 16-26, approved on June 16, 2016: 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 the facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct and are incorporated herein in their entirety.
SECTION 2: That the Council hereby finds and determines that:
(a) That the creation of a Neighborhood Empowerment Zone ("Zone") would promote
an increase in economic development in the Zone;
(b) The property to be contained within the Zone is described in attached Exhibit
"A" and incorporated herein in its entirety;
(c) That the creation of the Zone benefits and is for the public purpose of increasing
public health, safety and welfare of the persons in the Town, and the creation of the
Zone satisfies the requirements of Section 312.202 of the Texas Tax Code.
SECTION 3: That pursuant to Chapter 378 of the Texas Local Government Code, the
Council hereby creates the Zone in the earlier described Exhibit "A", attached hereto and
incorporated herein.
SECTION 5: That the Zone shall take effect on the 22nd day of August 2016.
Resolution 16-31
Page 2 of 2
SECTION 6: 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 7: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
T12
611 10
ASPHALT
BRIDGE
BARBED WIRE
BAR
BED WIRE
PIPE FENCE APPROXIMATE SURVEY LINEDENTON COUNTY
TARRANT COUNTY
APPROXIMATE COUNTY LINE
O.P.R.D.C.T.
Vol. 4247, Pg. 2883
15' Hike & Bike Trail Easement
O.P.R.D.C.T.
Vol. 4247, Pg. 2883
Trail Construction Easement
40' Temporary Hike & Bike
O.P.R.D.C.T.
Vol. 4247, Pg. 2899
Construction Easement
200' Temporary Lake
O.P.R.D.C.T.
Vol. 4247, Pg. 2908
Tract 2
20' Public Utility Easement
O.P.R.D.C.T.Inst.# 2009-55583Parcel #1Hw 2421 Land Lp
O.P.R.T.C.T.Inst.# D208308067Margaret B. Lee
N
E
S
W
O.P.R.T.C.T.Inst.# D206256955Tract 2Town of West Lake
G:\JOB\HWA15032_Blizzard\Sur\HWA15032_bn2.dgn1/18/201611:10:03 PMOF SHEETS
SHEETRevisions:TBPLS Firm Reg. No. 10177700Date:Checked By:Drawn By:Job #:Copyright c 2016 Peloton Land Solutions, Inc.Default5751 KROGER DR. STE. 185 KELLER, TX 76244 817-562-3350ABSTRACT NO. 393
RICHARD EADS SURVEY
O.P.R.T.C.T.Inst.# D208013338Town of West Lake
Map no. 48121C0655G, Revised April 18, 2011
digitized from Flood Insurance Rate Map
Approximate 100 Year Floodplain
VICINITY MAP N.T.S.
OTTI
N
GE
R
Cemetery
Oddfellows
Turner
Lake
T
R
A
IL
V
ILL
AG
ESONORA
OAKMONTTURNERMAIN TRAIL LAKEsite
170
114
GRAPHIC SCALE IN FEET
100 200 3000
IRS
IRS
1.802 Ac.
EDGE OF WATER
EDGE OF WATER
IRSIRS
IRSIRS
IRS
IRS
IRS
IRSIRS
IRS
ABSTRACT NUMBER 393,DENTON COUNTY, TEXASOF LAND SITUATED IN THE RICHARD EADS SURVEY, A BOUNDARY SURVEY OFIRS
O.P.R.D.C.T.Inst.# 98-R0118649Associates, LTDWestlake Retail
L1
C1
L2
L3
L4
C2
C3
C4
C5L5
L6
L7
L8
L9
L10 HWA15032SRAMSEYTBRIDGES1/18/2016SIGNAL POLE
SIGNAL BOX
GAS MANHOLE
GUIDE WIRE
SERVICE POLE
POWER POLE
LIGHT POLE
PIPELINE MARKER
WATER MANHOLE
BURIED CABLE MARKER / TELEPHONE
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
SIGN
Legend
Commencing
Point of
Beginning
Point of
O.P.R.D.C.T.
Inst.# 2009-55583
Parcel #1
HW 2421 Land LP
O.P.R.D.C.T.Inst.# 2009-55583Parcel #1HW 2421 Land LP
O.P.R.D.C.T.
Inst.# 2009-55583
Parcel #1
HW 2421 Land LP
Lake Area Vol. 4247, Pg. 2837 O.P.R.D.C.T.
ABSTRACT NO. 1154
JESSE SUTTON SURVEY
(BLANKET IN NATURE) (ITEM 10j)
COUNTY RECORDS, DENTON COUNTY, TEXAS AFFECTS THE SUBJECT PROPERTY.
IN VOLUME 4247, PAGE 2876 AND VOLUME 4247, PAGE 2869 OF THE
OF SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED
8. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS, WITH WAIVER
NATURE) (ITEM 10i)
DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT TRACT. (BLANKET IN
LIENS RECORDED IN VOLUME 4247, PAGE 2837 OF THE COUNTY RECORDS,
7. TERMS, PROVISIONS, CONDITIONS, OBLIGATIONS, ASSESSMENTS AND
TRACT. (BLANKET IN NATURE) (ITEM 10h)
THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT
6. AGRICULTURAL LEASE RECORDED IN VOLUME 4247, PAGE 2920 OF
COUNTY, TEXAS, AFFECT THE SUBJECT TRACT AS SHOWN. (ITEM 1)
INSTRUMENT NUMBER 95-R0029595 OF THE COUNTY RECORDS, DENTON
SUBJECT TRACT AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN
OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECT THE
5. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837
ASSUMES NO LIABILITY FOR THAT MAP.
48121C0655 G REVISED DATE OF APRIL 18, 2011. THE SURVEYOR
DETERMINED FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER
4. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS
STAMPED "PELOTON" UNLESS OTHERWISE NOTED.
3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP
NORTH CENTRAL ZONE, 4202, NAD83.
2. BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, TEXAS
EASEMENTS AND OTHER MATTERS OF RECORD.
EFFECTIVE DATE OF NOVEMBER 15, 2015 AND WAS RELIED ON FOR
COMPANY UNDER GF NUMBER 1002-171131-RTT, AND HAVING AN
OF THE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE
1. THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A COMMITMENT
NOTES:1.802 Acres1.802 Acres
ABSTRACT NUMBER 393,DENTON COUNTY, TEXAS
OF LAND SITUATED IN THE RICHARD EADS SURVEY,
A BOUNDARY SURVEY OF
NO.BEARING DISTANCE
L1 127.87'
L2 78.72'
L3 25.20'
L4 194.11'
L5 16.72'
L6 11.14'
L7 49.98'
L8 170.26'
L9 304.03'
L10 213.57'
NO.DELTA RADIUS LENGTH BEARING DISTANCE
C1 293.43'270.40'
C2 205.35'195.99'
C3 33.89'33.84'
C4 47.12'42.43'
C5 312.52'304.95'
211.21'
194.92'
179.93'
30.00'
408.29'
Date: 1-18-2016
Todd a. Bridges, RPLS 4940
relied upon as a final survey document" 22 TAC 663.18C
for any purpose and shall not be used or viewed or
"Preliminary, this document shall not be recorded
79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS.
THENCE N 64°51'12"E, 213.58 FEET TO THE POINT OF BEGINNING AND CONTAINING
"PELOTON" SET;
ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED
THENCE N 80°32'48"E, 304.03 FEET, DEPARTING SAID SOUTH LINE, OVER AND
ROD WITH CAP STAMPED "PELOTON" SET;
LONG CHORD WHICH BEARS S 21°22'48"W, 304.95 FEET TO A 5/8 INCH IRON
A CENTRAL ANGLE OF 43°51'24", HAVING A RADIUS OF 408.29 FEET, THE
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 312.52 FEET, THROUGH
WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
CHORD WHICH BEARS S 44°27'07"W, 42.43 FEET TO A 5/8 INCH IRON ROD
CENTRAL ANGLE OF 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG
WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A
"PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE LEFT;
S 89°27'07"W, 170.26 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
N 00°32'53"W, 49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
S 89°27'07"W, 11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
ROD WITH CAP STAMPED "PELOTON" SET;
LONG CHORD WHICH BEARS N 28°08'22"W, 33.84 FEET TO A 5/8 INCH IRON
A CENTRAL ANGLE OF 10°47'26", HAVING A RADIUS OF 179.93 FEET, THE
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH
"PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
N 89°27'07"E, 16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
ROD WITH CAP STAMPED "PELOTON" SET;
LONG CHORD WHICH BEARS N 60°53'56"W, 195.99 FEET TO A 5/8 INCH IRON
A CENTRAL ANGLE OF 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 205.35 FEET, THROUGH
FOLLOWING COURSES AND DISTANCES;
THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE
CURVE TO THE RIGHT;
"PELOTON" SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A
S 89°27'07"W, 194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
S 00°32'53"E, 25.20 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"PELOTON" SET;
S 89°27'07"W, 78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED
5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
FEET, THE LONG CHORD WHICH BEARS S 89°27'07"W, 270.40 FEET TO A
THROUGH A CENTRAL ANGLE OF 79°36'02", HAVING A RADIUS OF 211.21
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET,
FOLLOWING COURSES AND DISTANCES;
THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE
TO THE RIGHT;
IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE
ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH
THENCE S 89°27'07"W, 127.87 FEET, WITH THE NORTH LINE OF SAID LAKE
RECORDS;
ASSOCIATES, LTD RECORDED IN INSTRUMENT NUMBER 98-R0118649 SAID PUBLIC
CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL
THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST
COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET AT
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
RECORDED IN VOLUME 4247, PAGE 2837, SAID PUBLIC RECORDS AND BEING
AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
DENTON COUNTY, TEXAS AND BEING ALL OF THE AREA DEFINED AS THE "LAKE
IN INSTRUMENT NUMBER 2009-55583 OF THE OFFICIAL PUBLIC RECORDS,
THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, LP RECORDED
ABSTRACT NUMBER 393, DENTON COUNTY, TEXAS AND BEING A PORTION OF
BEING A CERTAIN TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY,
DESCRIPTION
Resolution 16-31
DESCRIPTION
BEING A CERTAIN TRACT OF LANDSITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, DENTONCOUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, LP
RECORDED IN INSTRUMENT NUMBER2009-55583 OF THE OFFICIAL PUBLIC RECORDS,
DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT AREA DEFINED AS THE "LAKE AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS RECORDED IN VOLUME 4247, PAGE 2837, SAID
PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET AT THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED
TO WESTLAKE RETAIL ASSOCIATES, LTD RECORDED IN INSTRUMENT NUMBER 98-R0118649 SAID PUBLIC RECORDS;
THENCE S 89°27'07"W, 127.87 FEET, WITH THE NORTH LINE OF SAID LAKE ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 293.43 FEET, THROUGH A CENTRAL ANGLE OF 79°36'02", HAVING A RADIUS OF 211.21 FEET, THE LONG CHORD WHICH BEARS
S 89°27'07"W, 270.40 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 00°32'53"E, 25.20 FEET TOA 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE FOLLOWING COURSES AND DISTANCES;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 205.35 FEET, THROUGH A CENTRAL ANGLE OF 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE LONG CHORD WHICH BEARS
N 60°53'56"W, 195.99 FEET TOA 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
N 89°27'07"E, 16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH A CENTRAL ANGLE OF 10°47'26", HAVING A RADIUS OF 179.93 FEET, THE LONG CHORD WHICH BEARS
N 28°08'22"W, 33.84 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
N 00°32'53"W, 49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
S 89°27'07"W, 170.26 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE LEFT;
WITH SAID CURVE TOTHE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WHICH BEARS S 44°27'07"W, 42.43 FEET TO A
5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT;
WITH SAID CURVE TOTHE RIGHT, AN ARC DISTANCE OF 312.52 FEET, THROUGH A CENTRAL ANGLE OF 43°51'24", HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD WHICH BEARS
S 21°22'48"W, 304.95 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
THENCE N 80°32'48"E, 304.03 FEET, DEPARTING SAID SOUTH LINE, OVER AND ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET;
THENCE N 64°51'12"E, 213.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS.
Resolution 16-31
EXECUTIVE SESSION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks the
advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement
offer; (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 this chapter: Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect described by Subdivision (1) for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
- Project Lynx
- Quail Hollow
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property
regarding Town Hall offices and possible Fire Stations sites
Town Council
Item # 10 – Executive
Session
Town Council
Item # 11 – Reconvene
Council Meeting
NECESSARY ACTION
a. Sec. 551.071 Consultation with Attorney (1) when the governmental body seeks
the advice of its attorney about: (A) pending or contemplated litigation; or (B) a
settlement offer; (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 this chapter:
Ordinance 767
b. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
- Project Lynx
- Quail Hollow
c. Section 551.072 to deliberate the purchase, exchange, lease of value of real
property regarding Town Hall offices and possible Fire Stations sites
Town Council
Item # 12 – Necessary
Action
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 Council
Item # 13 – Future
Agenda Items
Town Council
Item # 14 – Adjournment
Regular Session