HomeMy WebLinkAbout01-09-17 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.”
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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
JANUARY 9, 2017
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBER
WESTLAKE, TX 76262
Regular Session: 5:00 p.m.
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Regular Session
1. CALL TO ORDER
2. DISCUSSION AND CONSIDERATION OF ORDINANCE 812, CALLING AND
ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL
MEMBERS TO BE HELD ON MAY 6, 2017, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE.
3. DISCUSSION AND CONSIDERATION OF RESOLUTION 17-01, AUTHORIZING
THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH C. GREEN
SCAPING LP TO COMPLETE PHASE I OF THE OUTDOOR LEARNING STATIONS
WHICH INCLUDES THE VEGETABLE GARDEN STATION AND SIDEWALKS, AND
AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO
EXCEED $25,000.00 ON THIS PROJECT.
4. 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, January 4, 2017, 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.
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estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, January 09, 2017
TOPIC: Consider an Ordinance Calling and Ordering an Election for the purpose
of Electing Three (3) Council Members to be Held on May 6, 2017, in
Accordance with the provisions of Section 23.023, Texas Local
Government Code.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Citizen, Student &
Stakeholder
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Increase CSS
Satisfaction
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: December 20, 2016 Completion Date: May 6, 2017
Funding Amount: $14,000 Status - Funded Source - General Fund
The amount may fluctuate based on the number of entities that conduct a joint election with each County.
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Texas Election Code §3.004, requires the governing body of a political subdivision to order
a general election for the purpose of electing three (3) Council Members. As outlined in the
order, the term of office for the elected officials is two (2) years. (expiring May 2019)
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Three (3) Council terms expire May 2017. Those terms represent Council Members Langdon,
Rennhack and Stoltenberg seats.
RECOMMENDATION
Staff recommends approval of the Ordinance to Call the Election.
The Town will then, take future action, to enter into contracts with both Denton and Tarrant
County allowing voters to visit a single site to cast ballots in both the Town and Carroll, Keller
or Northwest ISDs elections. In this scenario, Tarrant Co. would process the Tarrant Co. voters
and Denton Co. would process Denton Co. voters.
ATTACHMENTS
Ordinance
Ordinance 812
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TOWN OF WESTLAKE
ORDINANCE NO. 812
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING
THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 6, 2017, IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT
CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the general election for the Town of Westlake as set forth by the Texas
Election Code, is required to be held on May 6, 2017, for the purpose of electing three (3) Council
Members for two (2) year terms; and
WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town
of Westlake election will be conducted jointly with other political subdivisions in Tarrant and
Denton counties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, THAT:
SECTION 1: Election Order for General Election. That an election is hereby ordered
to be held on the 6th day of May 2017, the second Saturday of that month, for the purpose of
electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of
the Texas Local Government Code.
SECTION 2: Polling Place. The polling places and the county elections precincts whose
qualified voters shall cast ballots at such location as determined per the Joint Election Agreement
and Contract for Elections Services with the Tarrant and Denton County Election Administrators.:
The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 6, 2017, in accordance with and
pursuant to the requirements of the Texas Election Code (the “Code”).
SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible
persons wishing to become candidates must file an application with the Town Secretary of the
Town of Westlake, Texas, beginning on January 18th through the 17th day of February 2017 until
5:00 o'clock p.m. Each application shall be on a form meeting the requirements of the Code.
SECTION 4: Combined Ballots. Combined ballots may be utilized containing all of the
offices and propositions to be voted on at each polling place, provided that no voter shall be given
a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote.
The County’s voting equipment will be utilized for this election.
Ordinance 812
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SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at
the County’s Main Early Voting location;
Residents living in Tarrant County
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
Residents living in Denton County
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, Texas 76208
and branch offices for early voting by personal appearance shall be established as outlined in the
Election Agreement and Contract for Election Services with Tarrant and Denton County. Tarrant
County Elections Administrator and Denton County Election Administrator, are hereby appointed
as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting.
In accordance with Section 85.001 of the Texas Election Code, early voting by personal
appearance shall be as set forth below:
Tarrant County Early Voting
April 24-28 (Monday-Friday) 8:00 a.m. - 5:00 p.m.
April 29 (Saturday) 7:00 a.m. – 7:00 p.m.
April 30 (Sunday) 11:00 a.m. – 4:00 p.m.
May 1-2 (Monday – Tuesday) 7:00 a.m. – 7:00 p.m.
Denton County Early Voting
April 24 – April 29 (Monday – Saturday) 8:00 a.m. - 5:00 p.m.
May 1 – May 2 (Monday – Tuesday) 7:00 am. - 7:00 p.m.
Applications for ballots by mail must be received no later than the close of business on April 20,
2017.
SECTION 6: Notice. Notice of said elections shall be given as required by the Texas
Election Code.
Ordinance 812
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SECTION 7: Election Officials. The election judge, alternate election judge, and ballot
board will be appointed by the Tarrant and Denton County Elections Administrator, as permitted
by law. The presiding judge shall appoint elections clerks as may be necessary for the proper
conduct of the election. The election judge or the alternate election judge in the absence of the
election judge, and the election clerks shall constitute the early voting ballot board. The election
judge, and alternate election judge, and election clerks shall be qualified voters of the Town.
SECTION 8: Election Results. That the candidates for Council who receive the highest
number of votes shall be elected to two (2) year terms;
The Mayor shall deliver a certificate of election to the successful candidates. In the event
of a tie, the tied candidates shall cast lots to determine which one shall be declared elected; and
SECTION 9: Governing Law. The election shall be held in accordance with the
Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters
of the Town shall be eligible to vote at the election.
SECTION 10: Submission to the United States Justice Department. The Town
Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such
submissions as are necessary to the United States Justice Department to seek pre-clearance as
required by law.
SECTION 11: Necessary Actions. The Mayor and the Town Secretary, in consultation
with the Town Attorney, are authorized and directed to take all actions necessary to comply with
the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the
election, whether or not expressly authorized by this Order.
SECTION 12: Severability Clause. It is hereby declared to be the intention of the Town
Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable
and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this order, since the same would have been enacted by the Town
Council without the incorporation in this order of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
Ordinance 812
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SECTION 13: Effective Date. This order shall be effective upon its adoption.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, ON THIS 9th DAY OF JANUARY 2017.
_____________________________
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 - Action Item
Westlake Town Council Meeting
Monday, January 09, 2017
TOPIC: Discussion and Consideration of a Resolution Authorizing the Town
Manager to enter into an agreement with C. Green Scaping LP to complete
Phase I of the outdoor learning stations which includes the vegetable garden
station and sidewalks, and authorize the 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 10, 2017 Completion Date: March 31, 2017
Funding Amount $116,000 Status - Funded Source - Contributions/Grants
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL
HISTORY)
In March of 2016, the Westlake Academy Foundation raised $102,200 to create a master plan for
outdoor learning stations on the Academy campus. The master plan would include 5 to 8 activity
stations to be used by grades, K-12. The stations may include a vegetable garden, interactive math
and sciences plaza, music station, art court yard, wetland and nature trail. David McCaskill’s
architect firm was hired in April of 2016 to create the master plan, cost estimate and design of each
of the activity stations. The firm created a video survey to obtain feedback from the students and
facility members in May of 2016. The Outdoor Leaning team included key facility staff members
and administrators who reviewed the 500 plus responses form the video survey. The team
concluded that Phase I would have the math and sciences stations and a vegetable garden.
In June, the architect firm began to develop pricing estimates for all the stations and performed
site visits to determine the best practices for each station. Staff presented the findings to the
Foundation board in August of 2016. The feedback from the Foundation board and team was to
use the area to the north of the gym to locate both the vegetable garden and combine the math and
science stations with the astronomy station. In November 2016, the following bids were received
from vendors to complete Phase 1 - the math & sciences plaza and vegetable garden:
Green Scaping $235,582
Fulkenburg $369,302
Fort Worth Civil $339,246
Staff presented the bid results to the Foundation on December 14, 2016. The recommendation was
to remove the math and sciences plaza (Phase II $135,000) and move forward with the vegetable
garden, sidewalks and site grading for Phase II at $100,725. The Foundation board and executive
principal agreed to allocate $116,000 for the project, which includes the $102,200 for the the
gallery night event and $13,800 from WAF grants.
Westlake Academy facility members and foundation are working together to create a promotional
video for the Phase II math and science plaze to be presented as a fund-an-item for the 2017 Galley
Night event. The video will include how the plaza will be used at each grade level and give the
student the opportunity to learn in a natural environment.
RECOMMENDATION
Staff recommends the approval of this agreement for $100,724 with Green Scaping LP to complete
Phase I of the outdoor learning which includes the vegetable garden, sidewalks and site grading
for Phase II and authorize Town Manager to make funding changes not to exceed $25,000.00 on
this project.
ATTACHMENTS
Resolution
Exhibit A, Agreement
Resolution 17-01
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TOWN OF WESTLAKE
RESOLUTION NO. 17-01
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT WITH GREEN SCAPING LP TO COMPLETE PHASE I OF THE
OUTDOOR LEARNING STATIONS WHICH INCLUDES THE VEGETABLE GARDEN
STATION AND SIDEWALKS, AND AUTHORIZE THE TOWN MANAGER TO MAKE
FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and,
WHEREAS, Phase I of the outdoor learning station includes a vegetable garden,
sidewalks and site work for Phase II which is designed for grades K-12; and,
WHEREAS the vegetable garden will give the Westlake Academy facility members the
tools to enhance the outdoor learning experience; 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 of Westlake Town Council hereby approves the agreement
with Green Scaping LP to complete Phase I of the outdoor learning stations which includes the
vegetable garden station and sidewalks and authorize Town Manager to make funding changes not
to exceed $25,000.00 on this project., attached as Exhibit “A”.
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 17-01
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 9th DAY OF JANURARY 2017.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 17-01
Page 1 of 3
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the 9 day of Janurary in the year 2017, by and between the
Town of Westlake, Texas (hereinafter called OWNER) and C. Green Scaping L.P. (hereinafter
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
The work to be done as covered by these contracts and specifications consists of the furnishing
of all labor, materials, equipment, and incidentals for the Outdoor Learning Stations which
includes two stations: (1) Vegetable Garden (approximately 2,437 sq. ft.), and (2) Interactive
math and Science plaza (approximately 1,912 sq. ft.), and (3) connecting sidewalks
(approximately 325 LF ) the project also oversees the installation of benches, storage boxes,
planter boxes, irrigation system, erosion control, tree protection fencing and retaining walls. All
final as-build drawings,manufacture and warranty information must be provided in a two ring
notebook and CD/flash drive.
Article 2. CONTRACT TIME.
CONTRACTOR agrees to commence work within five (5) days after the date of written notice to
commence work, and to complete the work on which he has bid within eighty (90) working days
as provided in the General Conditions.
Article 3. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in
accordance with the Contract Documents in current funds based on the measured quantities
and the unit prices stated in the Proposal.
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the previous
month on the first day of the month. CONTRACTOR shall present only one Application for
Payment each month. Applications for Payment will be processed by ENGINEER and OWNER
shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice.
Article 5. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at the
place of the Project.
Resolution 17-01
Page 2 of 3
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations.
6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will
remain in good repair and condition for and during the period of one (1) year from the date of
the repair and to maintain said work in good repair and condition for said term of one (1) year.
CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time
within said period, if, in the opinion of the owner, it be deemed necessary.
6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify
and hold harmless OWNER and ARCHITECT and their consultants, agents and employees
from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising out of or resulting from the performance of
Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work
or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or
employees by any employee of CONTRACTOR, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3
shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other
person or organization under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
Article 7. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consists of the following:
• Notice to Bidders consisting.
• Instructions to Bidders.
• Proposal.
• This Agreement.
• Pre-bid Bond, Performance Bond, Payment and Maintenance Bonds
• General Conditions.
• General Requirements.
• Set of Plans.
There are no Contract Documents other than those listed above in this Article 7.
Resolution 17-01
Page 3 of 3
Article 8. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in
accordance with the Contract Documents including, but not limited to, failure to supply sufficient
skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way
any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7)
days written notice and to the extent permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work.
Article 9. MISCELLANEOUS.
No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound,
and specifically but without limitation moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal
representatives to the other party hereto, its partners, successors, assignees and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the
Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR.
This agreement will be effective on the _________ day of ___________________, 2017.
OWNER: CONTRACTOR
By: _____________________________ By: _____________________________
Laura Wheat, Mayor C. Green Scaping, L.P.
ATTEST: ________________________ ATTEST: ________________________
Kelly Edwards,Town Secretary
Address for giving notices:
1301 Solona Blvd, Building 4, Suite 4202, Westlake, Texas 76262.
(If OWNER is a public body, attach resolution authorizing execution of Agreement.)
________________________
(If CONTRACTOR is a Corporation, attach evidence of authority to sign.)
Town Council
Item # 4 – Adjournment
Regular Session