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HomeMy WebLinkAbout02-27-17 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.” 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 FEBRUARY 27, 2017 1301 Solana Blvd. Building 4, Suite 4202 2ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Workshop Session: 5:30 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. 4. DISCUSSION ITEMS a. Presentation and Discussion of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. b. Presentation and Discussion of a proposed Public Art Plan and discussion of next steps in adopting and implementing said Plan. c. Presentation and discussion of a proposed draft ordinance implementing development related policies contained in the 2015 Comprehensive Plan. d. Presentation and discussion regarding a proposed amendment to Chapter 74, Solid Waste, amending the requirement to obtain a container from the Town’s franchised waste provider of the Solid Waste and other minor amendments. e. Presentation and discussion regarding the addition of Cross Connection requirements to Chapter 94, Utilities. f. Standing Item: Presentation and discussion of development projects per Staff January 2017 report and January 2017 Entrada report from the Developer. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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: Utility District taxing and service jurisdiction d. 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 Page 3 of 6 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. 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. COUNCIL RECAP / STAFF DIRECTION 8. 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 January 23, 2017, meeting. b. Consider approval of Resolution 17-03, Authorizing the Mayor to enter into a Joint Election Agreement with Denton County to conduct the General Election to be held on May 6, 2017. Page 4 of 6 c.Consider approval of Resolution 17-04, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. d.Consider approval of Resolution 17-05, Authorizing a collection fee for citations issued in the Municipal Court, which are past due and/or delinquent and are placed with an agency for collection recovery. e.Consider approval of Resolution 17-06, Authorizing the Town Manger to enter into a contract with Linebarger, Goggan, Blair and Simpson LLP, (LGBS) to provide collection services for the Municipal Court. f.Consider approval of Resolution 17-07, Authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), to utilize Town owned telecommunications conduit (ductbank) within the Entrada mixed-use development. g.Consider approval of Resolution 17-08, Amending Resolution 16-20 by revising the Scope of Services for Mesa Planning in the amount of $26,500 for additional services related to the new Westlake Public Art Plan. h.Consider approval of Resolution 17-09, Adopting a New Public Art Plan. i.Consider approval of Resolution 17-10, Authorizing the Town Manager to execute a contract with RJN, Inc. for $44,683.50 for sanitary sewer evaluation study. j.Consider approval of Ordinance 818, Amending Chapter 70, Signs, Section 70-10 Temporary Business Signs. 5.CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE 819, APPROVING AMENDMENTS TO ORDINANCE 693, WHICH APPROVED PLANNED DEVELOPMENT DISTRICT 1-3 (PD 1-3), COMMONLY KNOWN AS GRANADA, AN APPROXIMATELY 84-ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF DAVIS BOULEVARD AND DOVE ROAD, IN ORDER TO AMEND THE APPROVED CONCEPT PLAN AND PROVIDE FOR OTHER MINOR AMENDMENTS. 6.EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a.Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b.Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c.Sec. 551.071. Consultation with Attorney (2) 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: Utility District taxing and service jurisdiction Page 5 of 6 d. 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. 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. Page 6 of 6 10. 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, February 22, 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. 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 January 23, 2017, meeting. b. Consider approval of Resolution 17-03, Authorizing the Mayor to enter into a Joint Election Agreement with Denton County to conduct the General Election to be held on May 6, 2017. c. Consider approval of Resolution 17-04, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. d. Consider approval of Resolution 17-05, Authorizing a collection fee for citations issued in the Municipal Court, which are past due and/or delinquent and are placed with an agency for collection recovery e. Consider approval of Resolution 17-06, Authorizing the Town Manger to enter into a contract with Linebarger, Goggan, Blair and Simpson LLP, (LGBS) to provide collection services for the Municipal Court. f. Consider approval of Resolution 17-07, Authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), to utilize Town owned telecommunications conduit (ductbank) within the Entrada mixed-use development. g. Consider approval of Resolution 17-08, Amending Resolution 16-20 by revising the Scope of Services for Mesa Planning in the amount of $26,500 for additional services related to the new Westlake Public Art Plan. h. Consider approval of Resolution 17-09, Adopting a New Public Art Plan. i. Consider approval of Resolution 17-10, Authorizing the Town Manager to execute a contract with RJN, Inc. for $44,683.50 for sanitary sewer evaluation study j. Consider approval of Ordinance 818, Amending Chapter 70, Signs, Section 70-10 Temporary Business Signs. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Presentation and Discussion of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. b. Presentation and Discussion of a proposed Public Art Plan and discussion of next steps in adopting and implementing said Plan. c. Presentation and discussion of a proposed draft ordinance implementing development related policies contained in the 2015 Comprehensive Plan. d. Presentation and discussion regarding a proposed amendment to Chapter 74, Solid Waste, amending the requirement to obtain a container from the Town’s franchised waste provider of the Solid Waste and other minor amendments. e. Presentation and discussion regarding the addition of Cross Connection requirements to Chapter 94, Utilities. f. Standing Item: Presentation and discussion of development projects per Staff January 2017 report and January 2017 Entrada report from the Developer. Town Council Item #4 – Discussion Items Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Presentation and Discussion of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016 STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Maintain Receipt of Various Financial Awards for both Municipal and Academic Services Time Line - Start Date: February 27, 2017 Completion Date: February 27, 2017 Funding Amount: $28,350 Status - Funded Source - Multiple Sources - see comments below Allocated to General Fund, Utility Fund and Visitors Association Fund. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited annually by outside independent accountants. The result of this independent audit is the receipt of an unmodified opinion or “clean” opinion again this year. This means the auditors have found that these financial statements present fairly, in all material respects, the financial position of the Town of Westlake at September 30, 2016. Page 2 of 3 Again this year, we have included the Texas Student Housing (TSH) audited information in our report. Because the Town Council may appoint and/or remove a director of the Texas Student Housing Board, it was determined that TSH should be considered a component unit of the Town. As in previous years, their audits have been prepared assuming they will continue as “going concerns.” The opinion states, “The discretely presented component units are in default on their bonds due to failure to meet certain bond covenants. This gives bond holders the right to accelerate and demand payment on the bonds in full. This condition raises substantial doubt about the discretely presented component units’ ability to continue as going concerns.” The footnotes clearly indicate that the debt of TSH is not a liability of the Town. The inclusion of this information in the Town’s audit will not affect any future bond ratings nor have a negative impact on the Town’s overall debt ratio for the purpose of securing additional financing in the future. This year’s audit again includes the Public Improvement District Capital Project Fund and Fiduciary Fund. The basis for including is Statement No. 6 of the Governmental Accounting Standards Board, “Accounting and Financial Reporting for Special Assessments”. Section 19 refers to Capital Improvements Financed by Special Assessment Debt for which the Government is not obligated in any manner. Below is an excerpt from the Statement: The construction phase should be reported like other capital improvements; in a capital project fund, or other appropriate fund. The source of funds in the capital project fund should be identified by a description than bond proceeds, such as contributions. Displaying the transactions in this way recognized that the construction or acquisition is a governmental activity and results in the addition of a governmental asset but is not financed by governmental debt. On February 5, 2015, the Town Council approved issuance of $26,175,000 of Special Assessment Revenue Bonds, Series 2015 related to the District. As stated in the POS, the Public Improvement District Bonds (“The Bonds”) are special and limited obligations of the Town payable solely from the pledged revenues and other funds comprising the Trust Estate, as and to the extent provided in the indenture. The bonds do not give rise to a charge against the general credit or taxing power of the Town and are payable solely from the sources identified in the indenture. The owners of the bonds shall never have the right to demand payment thereof out of money raised or to be raised by taxation, or out of any funds of the Town other than the Trust Estate, as and to the extent provided in the indenture; and, no owner of the bonds shall have the right to demand any exercise of the Town’s taxing power to pay the principal of the bonds or the interest or redemption premium, if any, thereon. The Town shall have no legal or moral obligation to pay the bonds out of any funds of the Town other than the Trust Estate. Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the most important financial activities of the Town. This report represents and reflects upon the Town’s financial operations and condition to the Town’s residents, elected officials, management personnel, financial institutions, rating agencies, and all other parties interested in the financial affairs of the Town. Page 3 of 3 Additionally, the Town began participating in the Government Finance Officer Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for governmental financial reporting. Therefore, we are pleased to announce that the Town has recently received this award for our ninth submission. This award is presented based on the required contents of the CAFR document, and ensures that certain required financial disclosures are presented in the document. All governmental entities that participate in the program must include these disclosures in their CAFR. We believe the September 30, 2016 CAFR is following these disclosure requirements, and the Town will be awarded our tenth consecutive certificate. RECOMMENDATION AND ATTACHMENTS Acceptance of the annual CAFR ATTACHMENTS Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2016 – Received under separate cover Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Presentation and Discussion of a Proposed Public Art Plan and Discussion of Next Steps in Adopting and Implementing Said Plan. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. 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: May 23, 2016 Completion Date: February 27, 2017 Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff had begun to have conversations in 2016 with the Entrada developer’s team about public art in Entrada. Public art will be a key component of Entrada’s numerous public spaces. These discussions have led to identifying an approach for dealing not only with public art for Entrada, but for all of Westlake. This includes creating an approach for identifying the types of public art Westlake wishes to attract, the process for selecting those pieces, choosing the artists that would create these public art pieces, and how public art in Westlake might be funded. Page 2 of 2 At the March 28, 2016 Council workshop, the topic of creating a re-constituted public art program by engaging the services of Mr. Russell Tether, a public art expert (via a contract with MESA Planning) was discussed with the Town Council. The Council indicated at this workshop its interest in considering a contract with MESA (and thus Mr. Tether) to pursue this end. This contract’s scope of work is intended to achieve that outcome, i.e. a re-constituted public art program that would establish goals, objectives, and a framework for a public art program that could be implemented Town-wide. On May 23, 2016, the Council approved by Resolution 16-20 a contract with MESA Planning (with Mr. Tether as a subcontractor) to assist the Town in developing a new public art plan and approach for public art in Westlake. On October 20, 2016, following extensive public information and communication effort, a public workshop was held to gather input on what Westlake residents and businesses would like to see as a part of a public art program in our community. An update of this public input session, including proposed goals and objectives for a public art program based on this public input, was presented at the Council’s December 16, 2016 workshop. Further, next steps for drawing up a proposed public art plan were given to the Town Council at this December 16, 2016 workshop. A draft public art plan for Westlake has now been drawn up and it is the purpose of this workshop to present this plan to the Mayor and Council for their discussion and input. It should be noted that the Westlake Town Council adopted a public art plan on July 14, 2008, however, most of it has not been implemented due to lack of funding and a specific plan for public art acquisition and placement (note: in addition to the 2008 public art plan, the FM1938/Davis Boulevard Streetscape Plan did identify locations for public art in that corridor, but the public art component of that corridor plan has not been yet implemented). The Town’s previously adopted public art plan was furnished to MESA Planning as background and foundational information for development of a new public art plan. RECOMMENDATION Recommend hearing the presentation from MESA Planning regarding this draft public art plan and next steps pertaining to it, as well as the Council discussion and providing direction related to this plan. ATTACHMENTS Draft Westlake Public Art Plan dated January 5, 2017 (see regular Town Council consent agenda item related to adoption of this plan). Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Monday, February 27, 2017 1. TOPIC: Presentation and discussion of a proposed draft ordinance implementing development related policies contained in the 2015 Comprehensive Plan STAFF CONTACT: Ron Ruthven, 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: February 13, 2017 Completion Date: TBD Funding Amount: 00.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On March 2, 2015, the Town Council adopted the current Town of Westlake Comprehensive Plan – Forging Westlake. Since the plan’s adoption, the plan consultant, Mesa Planning, was further contracted to complete additional implementation elements that seek to ensure adherence and accountability to the plan recommendations. Most recently, provisions adopting standards for the transfer of development intensity (TDI) as recommended by the Comprehensive Plan were approved by the Town Council on January 23, 2017 and added to Chapter 102 – Zoning in the Westlake Code of Ordinances. The purpose of the proposed draft ordinance included with this briefing is to establish uniformity with regard to the application of the 2015 Comprehensive Plan to development within Westlake Page 2 of 3 and the considerations that will be taken into account during review. Establishing these policies assures consistency in decision information brought before Council and clarifies: • interpretation of the Comprehensive Plan, • application of the Comprehensive Plan to development, and • key considerations relative to development and development impacts that must be evaluated. With this in mind, the primary goal of the requirements contained in the proposed ordinance is to require development within the Town to be consistent with the Comprehensive Plan. The Comprehensive Plan elements covered by the ordinance include: • Thoroughfares • Parks, Open Space and Trails • Town Design • Town Facilities • Stormwater Conservation Requirements for development consistency with the above elements would be triggered by certain specific actions on the part of the developer as follows: 1. Thoroughfares: a. Traffic Impact Analysis (TIA) required if: i. Existing PD use or density change is proposed; ii. TDI application is submitted; iii. New change of zoning or PD amendment is proposed b. New Roadway and/or Improvements to Existing Roadway required if: i. TDI application that includes and intensity bonus is submitted; ii. New development associated with change of zoning and plat submitted iii. Existing PD use or density change is proposed; iv. Building permits where applicable 2. Parks, Open Space and Trails, dedication/construction required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning/plat submitted c. Existing PD use or density change is proposed; 3. Town Design, compliance required if: a. New development associated with change of zoning and plat submitted b. Existing PD use or density change is proposed; c. Building permits where applicable 4. Town Facilities, dedication/construction required if: Page 3 of 3 a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning and plat submitted c. Existing PD use or density change is proposed; 5. Stormwater Conservation, compliance required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning and plat submitted Further details are provided in the attached ordinance draft. As with any PD zoning change or amendment, more context specific conditions relative to each individual action by the Council may be approved where the literal enforcement of this ordinance would be deemed unnecessary, inappropriate, etc. RECOMMENDATION Staff recommends presentation and discussion of this proposed policies Ordinance. A presentation will be made by Mesa Planning at the Town Council workshop about this draft ordinance and its key provisions as well as offer the Council the opportunity to ask questions and discuss this draft ordinance. This item was presented to the Planning and Zoning Commission on February 13, 2017. ATTACHMENTS 1. Proposed draft Policies Ordinance. 1 DRAFT – 2/13/2017 TOWN OF WESTLAKE ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO ESTABLISH PROCEEDURES AND POLICIES RELATED TO APPLICANT SUBMITTAL OF, TOWN REVIEW OF, AND PERFORMANCE STANDARDS FOR TOWN ACTION UPON; ALL ZONING REQUESTS, PD OR OTHER REQUIRED CONCEPT PLANS, PD OR OTHER REQUIRED DEVELOPMENT PLANS, PD OR OTHER REQUIRED SITE PLANS, TRANSFER OF DEVELOPMENT INTENSITY APPROVALS, AND BUILDING PERMITS; DEFINING CERTAIN TERMS; SPECIFYING POLICIES; ALLOCATING SPECIFIED POLICIES TO THE ACTION ITEMS TO BE REVIEWED AND CONSIDERED; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake is a general law Town; and WHEREAS, on , 2015, the Town Council adopted a Comprehensive Plan (the Forging Westlake 2015 Comprehensive Plan); and WHEREAS, the Forging Westlake 2015 Comprehensive Plan includes an Implementation Plan Element that was not adopted in 2015; and WHEREAS, the Implementation Element specifies policies, standards, and procedures related to the review and approval of zoning requests, development proposals, development plans, and construction permit plans; and WHEREAS, the rapid pace of incoming development that the Town is now experiencing makes it necessary to clearly state these policies and how they will be applied to Town growth going forward; and WHEREAS, the need to manage growth for the health and wellbeing of the citizens of Westlake makes adoption of the policies, standards, and procedures stated in the Forging Westlake 2015 Comprehensive Plan Implementation Plan Element important at this stage of Town development; and WHEREAS, the economic development and general planning of the Town will be furthered by establishment of these policies, standards, and procedures; and WHEREAS, the Commission and Council held public hearings after written notice of such hearings have been placed in a newspaper of general circulation in the Town, all in accordance with law; and; WHEREAS, upon recommendation of the Planning and Zoning Commission, 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 amendment to the Town’s Code of Ordinances should be approved and adopted; and WHEREAS, the Council believes it is in the interests of the Town, present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting 2 DRAFT – 2/13/2017 this Ordinance’ which the Council has determined to be consistent with the Forging Westlake 2015 Comprehensive Plan and the intent of its various other plan elements; NOW, THEREFORE, BE IT OREDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: SHORT TITLE This Ordinance shall be known and may be cited as the “Comp Plan Implementation Policies Ordinance” or simply as the CPIP Ordinance. SECTION 2: PURPOSE The purpose of this ordinance is to establish uniformity with regard to the application of the Forging Westlake 2015 Comprehensive Plan to development within Westlake and the considerations that will be taken into account during review. Establishing these policies assures consistency in decision information brought before Council and clarifies: • interpretation of the Comprehensive Plan, • application of the Comprehensive Plan to development, and • key considerations relative to development and development impacts that must be evaluated. SECTION 3: DEFINITIONS “Regulatory Policy Status” shall mean the intended effect of policy application. It is a statement of the intended outcome relative the vision of the Comprehensive Plan. “Application Trigger Points” shall mean the thresholds of development magnitude. Development impact, or change in the natural and/or physical fabric of Westlake affected by development that necessitates application of the policy. “Consideration Requirements” shall mean required analytical data, and/or required relationship/ impact assessment, and/or required submittal information that shall accompany a request for zoning or submitted Concept Plan, Development Plan, Site Plan, Transfer of Development Intensity request, or permit plan set as specified herein. “Level of Service” (LOS) shall mean a quantitative measure of roadway operational efficiency offered and/or maintained within the Town thoroughfare system, using prescribed standards and determined by prescribed methodologies. “Level of Service D or lower” shall mean levels of service exceeding the operational thresholds for LOS D, LOS E, or LOS F. “Transfer of Development Intensity” shall mean the Westlake Transfer of Development Intensity program that allows the Town to approve the exportation of non-residential square footage and/or residential units from one area (called a Sending District) to and importation of said square footage and/or units to another area (called a Receiving District). DRAFT – 2/13/2017 3 SECTION 4: APPLICABILITY The requirements and policies of this ordinance are applicable to any zoning (as defined herein), PD Concept Plan, PD Development Plan, Site Plan required by any PD or Categorical Zone, Permit Plans, and/or any request/ application for a Transfer of Development Intensity as such Sections of this ordinance is are associated with one of the above listed activities/ plan types in the matrix below. Where the matrix is blank relative to a Section, such section is not applicable. Further, “Zoning” which triggers application of this ordinance in accordance with this Section is limited a request for change in land use or development density through rezoning or modification of an existing Planned Development Ordinance or Categorical Zone. Modifications of an existing Planned Development ordinance or categorical zone that does not change land use or development density as permitted by the current zoning is considered a “convenience modification” and does not trigger the requirements of this ordinance. However, to the extent that revision of an existing Concept Plan or Development Plan that has become part of the zoning by previous approval of Council modifies any commitments of the property owner to open space, roadways, facilities, water features, waterways shall then trigger compliance with the submittal requirement of this ordinance that are applicable in the opinion of the Town. 4 DRAFT – 2/13/2017 SECTION 5: THOROUGHFARES Any zoning requests, PD or other required Concept Plan, PD or other required Development Plan, PD or other required Site Plan, and/or Transfer of Development Intensity that requests a bonus (as specified in Section 4) shall establish the extent to which the development proposed shall implement the Thoroughfare Plan and/or mitigate the development’s impacts on the Thoroughfare system available to serve it, as follows: 1. The Regulatory/ Policy Status of the Thoroughfare Plan. The Thoroughfare Plan as presented in the Forging Westlake 2015 Comprehensive Plan is a guiding document for matters related to the growth and development of the Town. It identifies connections (arrow heads) and linkages (dotted or solid lines) needed to accommodate traffic potentially generated by the total entitlements that have been approved by the Town of Westlake as of 2015. The final alignment design of any connection indicated in the Plan is subject to further engineer alignment studies and the manner in which the recommended connections can be accomplished within any proposed development approved by the Town as part of any zoning, concept plan, development plan, site plan, and/or Development Intensity Transfer that requests a bonus (as specified in Section 4), as no development within the Town of Westlake can create traffic conditions wherein the Level of Service (LOS) at intersections serving the subject development, and/or roadways serving the subject property, is lower than LOS “D” or where the traffic volumes on roadways leading to the development (not including Highway 114) exceed the street capacity thresholds specified below. To determine whether a development will contribute to the advent of such conditions and to determine the impact of such development on the transportation system, any application for zoning, concept plan, development plan, site plan, or Development Intensity Transfer must prepare a Traffic Impact Analysis (TIA) (in accordance with Applicability Section 4) which reveals the traffic impacts of a development on roadways and intersections, serving that development, in the context of other regional and local growth factors as specified below. Where the TIA indicates that unacceptable levels of service will exist or where street threshold capacities are exceeded and the proposed development contributes to that condition, the Town may require the submitting/ requesting party to present on-site and/or off site roadway/ intersections improvements that will maintain an LOS of “D” or better within that portion of the thoroughfare system serving the development and/or maintain traffic flows within subject roadways at or below the threshold capacities specified below and further development of the Town’s coherent Thoroughfare Plan. Proposed roadway/ intersection improvements made by the submitting/ requesting party as a result of the required TIA (discussed below) are subject to Town approval. Where such improvements are necessary to mitigate conditions exceeding LOS “D” or threshold capacities, such improvements are required to be completed in conjunction with the proposed development unless otherwise approved by the Town Council whether such improvements are paid for by the development, prorated to the development, or publicly funded. It is the intent of the Comprehensive Plan and this ordinance which implements the Comprehensive Plan that the total thoroughfare system of the Town of Westlake be 5 DRAFT – 2/13/2017 accomplished with 4-four lane divided roadways whose visual character as a Regional Arterial, a Town Arterial, or a Pastoral Collector is determined by compliance with the recommendations of the Town Design Structure Plan of the Forging Westlake 2015 Comprehensive Plan. If roadways wider than 4-four lane divided roadways are proposed by any submitting/ requesting party, the reconciliation of such a proposal with the visual character of Westlake and with the smaller roadways (located in adjacent townships) serving Westlake must be considered and addressed in a manner that is satisfactory to the Council. Additionally, the submitting/requesting party must demonstrate, through its TIA, that a roadway in excess of four travel lanes will better address traffic impacts in Westlake than a more robust network of smaller roads. Where the introduction of roadways wider than 4-four lane divided roadways is approved, the Comprehensive Plan Thoroughfare Plan must be revised to reflect that component of the total street system. 2. Application Trigger Points. The following street capacity and intersection thresholds shall mean that any traffic volumes exceeding these thresholds will be considered unacceptable to the Town. Should the TIA demonstrate that thresholds will be exceeded as a result of a proposed development, then the TIA must recommend roadway improvements on and/or off-site which are necessary to maintain adequate LOS and street-traffic-volumes prescribed below. The key thresholds are: A. Roadways: Road improvements as portrayed by the Thoroughfare Plan shall be implemented as needed to maintain minimum acceptable efficiency within the Town Thoroughfare System. An LOS of D or better is defined using the following thresholds or as calculated using methods prescribed in the Highway Capacity Manual (HCM) and other national standards (the Town reserves the right to deem methods to be professionally accepted): i. 2 Lane Street: 12,000 ADT ii. 3 Lane Street: 17,000 ADT iii. 4 Lane Undivided Street: 24,000 ADT iv. 4 Lane Divided Street: 32,000 ADT v. 6 Lane Divided: 55,000 ADT B. Intersections: Road and intersection improvements (including those portrayed by the Thoroughfare Plan) shall be implemented as needed to maintain an intersection Level of Service “D” or better as calculated using methods prescribed in the Highway Capacity manual (HCM) and other national standards (the Town reserves the right to deem methods to be professionally accepted). If the LOS D threshold has been exceeded or such condition is imminent for any local road segment or intersection, the Town reserves the right to identify the necessary improvements. Necessary improvements could include lane additions or other improvements to the failing segment and/or intersection, or improvements to adjacent segments and/ or intersections that will have the effect of improving LOS on the failing segment and/or intersection or providing needed travel alternatives to failing conditions. Improvements will be consistent with the adopted Thoroughfare Plan. 6 DRAFT – 2/13/2017 3. Plan Review/ Submittal Requirements. The following are standards and points of consideration that the Town may consider and which any Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity that requests a bonus (as specified in Section 4) must address (thorough analysis or design) if required by the Town: A. Any zoning request, concept plan submittal, development plan submittal, site plan submittal, or request for Transfer of Development Intensity that requests a bonus (as specified in Section 4) shall be accompanied by a thorough Traffic Impact Analysis (TIA) that projects traffic volumes and corresponding levels of service (LOS) on road segments and intersections serving the development (including the service roads of Highway 114 and 170 and Highway 114 and 170 overpasses) when other planned, zoned, and/or approved development(s) served by those streets are considered. The TIA must also factor in background traffic, including regional traffic flows to the extent that such flows are manifest on the streets of Westlake and Highway 114/ Highway 170 Service Roads and overpasses. More specifically, the required TIA must employ the following: i. A TIA that uses an Employment Demand Model which must apply the following employment densities: • Service Employment: 1 employee/ 260 square feet • Retail Employment: 1 employee/ 700 square feet • Basic Employment: 1 employee/ 750 square feet ii. Rates published in the most recent edition of ITE Trip Generation must be used for TIA’s using the manual estimates of trip generation. iii. A TIA submitted to determine attainment of threshold ADT or LOS shall: a. Factor in future traffic volumes on all roadways entering Westlake from Keller, Southlake, Trophy Club, Roanoke, and Alliance. Such future volumes shall fully consider current traffic counts and the growth thereof to planning year 2035, otherwise known as “background traffic” using the Regional Travel Demand Model or other accepted methodology. b. State the extent to which development within the subject site and/ or Planned Development District in which the site is located will build out relative to entitlement. If the TIA does not consider full use of entitlement, then the submitting party shall state which measures will be put in place to assure that the level of development presented will be the highest level of development for this property and/ or Planned Development. c. Factor in full use of entitlement on other properties and Planned Developments within Westlake. d. Factor in full use of entitlements on properties abutting Westlake. e. Factor in projected regional flows on roadways within the area of analysis which shall include Traffic Analysis Zones in which Westlake, Southlake, Keller, Trophy Club, Roanoke, and Alliance are located. 7 DRAFT – 2/13/2017 f. Respond to any road segments or intersections that exceed a Level of Service D. Where LOS D is exceeded as a result of regional flows, such road segments and/or intersections shall be considered as exceeding thresholds established by this Ordinance. B. If the TIA described above reveals that threshold level of service (LOS) on a road segment and/or intersection Roadway Level of Service (“trigger Points” described above) have been attained, the TIA must also identify those components of the Thoroughfare Plan and/or other roadway improvements deemed necessary to bring the road segment and/or intersection LOS into compliance with the requirements of the Town. C. Any right-of-way attained by easement or dedication shall include sufficient width to construct Town or Regional Trails as shown on the Trails Plan. SECTION 6: PARKS, OPEN SPACE AND TRAILS Any PD or other required Concept Plan, or PD or other required Development Plan, or Transfer of Development Intensity requests which requests a bonus shall establish the extent to which the development proposed shall implement the Parks, Open Space, and Trails Plan and/or mitigate the development’s impacts on the Town’s ability to implement that Plan over time, as follows: 1. The Regulatory/ Policy Status of the Parks, Open Space and Trails Plan. The Parks, Open Space and Trails Plan as presented in the Forging Westlake 2015 Comprehensive Plan identifies recommended public and/ or private landscapes, open areas, landforms, waterways and key linkages between these open areas and natural features that guide creation of a central open space corridor within the Town that preserves and protects portions of the natural break between uplands and lowlands (the ecotone) that are not generally protected by low FAR or low density development or development within a view corridor or view shed zone. This connected and unbuilt landscape is the characteristic view that will remain a visual legacy of Westlake’s pastoral/ ranch history as the Town develops commercially at a potentially urban level of intensity. The open space area is meant to particularly protect and define the residential portions of the Town from its commercial portions and in so doing reconcile the difference in scale and density they each present as well as protect the residential values from commercial encroachment. The Parks, Open Space and Trails Plan also identifies the type and general location of public recreational facilities necessary to serve the recreational needs of the Town’s future build-out population as well as trail types that collectively constitute a legible and Town-wide network of pedestrian connections linking points of trip origin to important trip destinations within Westlake (including recreation, work, and shopping). Finally, the Trails Plan identifies the types of trail marker, trail head, trail hub that signals movement from one trail type to another within the system. The location of recreation facility type (such as a community park or neighborhood park) within the service areas shown on the Parks, Open Space and Trails Plan are general indications of 8 DRAFT – 2/13/2017 location only. Final location shall be determined as development of the Town progresses and facility sites are acquired by purchase, donation, dedication, easement, or other agreement which secures public use and access. Recreation Facility locations may vary from the general locations shown in the Parks, Open Space and Trails Plan provided that the Service Areas around facility types so located will yield a generally uniform level of public access across the residential portions of Westlake (avoid one area being overserved and another area being underserved by comparison). When the recreation facility sites are acquired by any of the above listed methods, the Town may determine that the resulting constellation of service areas provides a reasonably balanced level of service for that facility type across the Town’s residential areas. If the resulting pattern of service areas cannot be so distributed and alternate locations are not likely, it is more important to have the facility availability within the Town and a less balanced distribution of service areas may result. The provisions of this Parks, Open Space and Trails Plan are not a part of any Planned Development or zoning entitlement at the time of adopting the Comprehensive Plan. Therefore, any consideration of zoning request, Concept Plan, Development Plan, Site Plan or Transfer of Development Intensity request shall seek to include the Comprehensive Plan’s Open Space configuration as part of such consideration. 2. Application Trigger Points. Implementation of the Parks, Open Space and Trails Plan shall be advanced when any, or any combination of, the following are part of a zoning request, Concept Plan, Development Plan, Site Plan, Transfer of Development Intensity request or other development request submitted for approval by the Town: A. Location of a landmark landform as indicated on the Parks and Open Space Plan. B. Location of a waterway, creek, water body, wetland, or flood zone. C. Location of an opportunity to place a recreational facility so that a balanced distribution of facility service areas across the residential portions of Westlake will result. D. Location of a historic or culturally significant landscape or a landscape that is essentially important to complete preservation of the Town’s natural mosaic. E. Connection between current or intended open space areas. 3. Plan Review/ Submittal Requirements The following are standards and points of consideration that the Town may consider and which any Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request must address (thorough analysis or design) if required by the Town: 9 DRAFT – 2/13/2017 A. Any zoning request, Concept Plan, Development Plan, Site Plan, Transfer of Development Intensity request or other development request, shall indicate any portion of the subject land area that coincides, or closely coincides, with areas shown as open space in the Forging Westlake 2015 Comprehensive Plan (hereinafter known as the Open Space Envelope). B. When a Concept Plan, Development Plan, or Transfer of Development Intensity request or other development request demonstrates that any part of the subject property coincides, or closely coincides with any portion of the Open Space Envelope or an Area of Sensitivity, the Town may evaluate the site plan to determine the following: i. Is the Open Space Envelope or any portion thereof proposed for development? ii. Are there alternative Open Space Envelope configurations that will accomplish the intent of the Comprehensive Plan on, or off, the subject property? iii. Are any Landmark Landforms, waterways, water bodies, other special natural features, or an Area of Sensitivity present in this portion of the Open Space Envelope? iv. Does a balanced arrangement of any recommended “Park Type” Service Areas suggest that this open space location is best suited for location of a park? v. Is any part of the subject property located within the 100 year flood plain after consideration of future, upstream development and is that flood plain part of the recommended Open Space Envelope? vi. Is there a conflict between the Parks, Open Space and Trails Plan recommendation and the submitted plan that will prevent implementation of the plan through alternate configurations in the future? vii. Can the Parks, Open Space, and Trails Plan be further implemented by any of the following: a. Any public open space acquired through the TDI Incentive or other means shall be secured by easement, or dedication or transfer of ownership to the Town and the public shall have rights of access to the open space. Further, any open space so acquired may be used to develop public park facilities as shown on the Parks, Open Space and Trails Plan. b. Any right-of-way attained by easement or dedication shall include sufficient width to construct Town or Regional Trails as shown on the Trails Plan. c. Property boundary fences along any commercial property containing public or private open space and a roadway or trail (identified on the Thoroughfare Plan or Trails Plan) are encouraged to be open fences wherever possible (such as an agricultural fence or open wrought iron fence) which allows the visible ground plane to continue from road/trail to open space without visual discontinuity created by visual disruptions 10 DRAFT – 2/13/2017 (such as opaque fences). Property boundary walls are strongly discouraged in such locations. d. Where the open space is secured through TDI Incentive or other means and contains a Landmark Landform, distinctive vegetative community, or water way/ water body, the Town shall make every effort to also secure public access and right to build trails for public use. SECTION 7: TOWN DESIGN Any PD or other required Development Plan, PD or other required Site Plan, Permit Set, or Transfer of Development Intensity that requests a bonus shall establish the extent to which the development proposed shall implement the Town Design Plan and/or mitigate the development’s impacts on the Town’s ability to implement the Town Design Plan over time, as follows: 1. The Regulatory/ Policy Status of the Town Design Structure Plan. The Town Design Structure Plan as presented in the Forging Westlake 2015 Comprehensive Plan identifies the form, pattern, and sequence of streetscape, public art, trail heads/ markers, public/ private premise signs, street/ way-finding signs, intersection treatment, and public gathering spaces which define the constellation of visual experiences that work together to create a legible Town identity. The Plan contains symbols, indicating the location of urban design elements. The placement of symbols on the Town Design Structure Plan are meant to establish relationship between, and sequence of, elements, not the exact location of such elements and therefore, the plan is meant to guide Town consideration of Zoning requests, Concept Plans, Development Plans, Site Plans, and/or Transfer of Development Intensity requests. The final placement/ arrangement of urban design elements will be determined as land use development proceeds. Development Plans, Site Plans, Permit Plan, and/or Transfer of Development Intensity that requests a bonus, submitted for Town approval reveal how the identified urban design elements are implemented within a proposed POLICY development and/or project design. The intent of the Town Design Structure Plan is that the visual character of the Town as experienced within the public domain/ public use spaces (such as roadways and plazas) is brought together by visual characteristics that promote visual continuity and a uniformly high aesthetic standard. All improvements that constitute the public domain shall implement the surface material, plant material, planting configuration, street standard and fixture type, landmark creation, general forms, and patterns identified in the Town Design Structure Plan for any urban design element associated with the street type, street relationship to another street, public space, trail, trail relationship to another trail, trail head/ marker, or proposed premise sign location that is manifest in a development site plan or other development request submitted to the Town for approval. The overarching image of the Town as promoted by the Town Design Structure Plan is a pastoral, campus, estate community in conjunction with more urbanized development patterns in the areas designated as Receiving Districts in Westlake’s Transfer of Development Intensity DRAFT – 2/13/2017 Page 11 of 16 Ordinance (TDI Ordinance). This is generally accomplished by promoting a Townscape that is not overly subdivided by opaque walls but rather permits visual access to an uninterrupted ground plane which provides both the foreground and terminus of views and vistas deemed essential to Westlake by its citizens. Therefore, development that contributes to important view and vista zones (identified in the Land Use Plan) is also part of the Townscape and should complement the characteristics of the Townscape however possible and reasonable. 2. Application Trigger Points. Implementation of the Town Design Structure Plan is advanced when any, or any combination of, the following is part of a development site plan or other development requests submitted for Town approval: A. When any street that is a Regional Arterial, Town Arterial, or Pastoral Collector or intersections thereof (as generally shown in the Thoroughfare Plan) is built by public or private parties. B. When an existing street that can be classified as a Regional Arterial, Town Arterial, or Pastoral Collector or intersections thereof (as generally shown in the Thoroughfare Plan) is improved or upgraded. C. When private development landscape areas abut, or otherwise visually extend the streetscape (such as roadway setback or buffers). D. When a site plan implements any portion of the Parks, Open Space or Trails Plan as discussed above in Section 5. When a premise sign is located within 30 feet of a road right-of-way. E. When a space within a proposed project is intended to be a public gathering space. F. When any area of a proposed project includes or abuts the location of a portal monument (as shown on the Town Design Structure Plan) 3. Plan Review/ Submission Requirement The following are standards and points of consideration that the Town may consider and which any Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus must address (thorough analysis or design) if required by the Town: A. Any Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus, shall indicate any portion of the subject land area that coincides, or closely coincides, with streetscapes, monument locations, or features shown in the Forging Westlake 2015 Comprehensive Plan’s Town Design Structure Plan (hereinafter known as the Urban Form Element). B. When a Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus demonstrates that any part pf the subject property coincides, or closely coincides with any portion of the Urban Form Element, the Town shall evaluate the site plan to determine the following: i. Is the Urban Form Element or any portion thereof proposed for implementation within the development proposal? DRAFT – 2/13/2017 Page 12 of 16 ii. Are there alternative locations or configurations of the Urban Form Element that will accomplish the intent of the Comprehensive Plan on-or-off, the subject property? iii. Are any major portals or points of confluence (vehicular or pedestrian), associated with the project plan or the location of the project within the total vehicular/ pedestrian/ open space system of Westlake (as portrayed by the Comprehensive Plan)? iv. Is the presented elevation view of proposed right-of-way/ trail improvements consistent with the palettes, thematic samples, and design themes of the Town Design Structure Plan? v. In the event that there is a conflict between the Town Design Structure Plan recommendations and the submitted plan, the Town shall give instruction regarding modifications of the submittal that will make it acceptable. SECTION 8: TOWN FACILITIES Any PD or other required Development Plan, PD or other required Site Plan, Preliminary Plat or Transfer of Development Intensity that requests a bonus shall establish the extent to which the development proposed shall implement the Town Facilities Plan and/or mitigate the development’s impacts on the Town’s ability to implement the Town Facilities Plan over time, as follows: 1. The Regulatory/ Policy Status of the Facilities and Town Hall Plan. The Facilities and Town Hall Plan as presented in the Forging Westlake 2015Comprehensive Plan identifies Emergency Service, Service Areas (within which a 5-10-minute response time is possible only if the street LOS of streets accessing service calls remains at D or better) and Town Hall locations (that position the Town Hall to be more tangibly engaged with the daily activities and experiences of Westlake’s citizens and daytime population). The location of emergency facilities within the response time zones shown on the Facilities and Town Hall Plan shall be determined as development of the Town progresses and sites are selected/ acquired through the development process. Emergency facilities locations may vary from the general locations identified in the Facilities and Town Hall Plan provided that the coverage of the response time window is substantially consistent with that shown in the Plan. The future location of the Town Hall may vary from the general locations shown in the Facilities and Town Hall Plan provided that the Town Hall is positioned along the Town Arterial System, or placed where significant use by, and/or, gathering of, the citizens of Westlake may take place. 2. Application Trigger Points. Implementation of the Facilities and Town Hall Plan shall be advanced when any, or any combination of, the following is part of a development site plan or other development requests submitted for Town approval: DRAFT – 2/13/2017 Page 13 of 16 A. The subject site is located within the central portions of Emergency Service, Service Areas as shown on the Comprehensive Plan’s Facilities and Town Hall Plan. B. When a required response time window analysis, submitted for Town review as part of a Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request demonstrates that the target 5-10 minute response times cannot be attained. C. When private development increases the Town population (residents) or increases the “residential equivalent” (as defined in the Facilities and Town Hall Plan) of commercial square footage to a point where the equipment capability or emergency services manpower of the Town falls below national standards (number of police or firemen per 1,000 population…figured to include the residential population and the population equivalent for commercial uses). D. When a Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request implements or proposes to implement any portion of the Facilities and Town Hall Plan. E. When a significant commercial project proposal does not include private security measures and personnel as part of the project program. F. When the available supply of potential sites, within the proximity of the emergency service areas, as portrayed in the Facilities and Town Hall Plan, are limited to four options or less. 3. Plan Review/ Development Request Processing. The following are standards and points of consideration that the Town may consider and which any PD or other required Development Plan, PD or other required Site Plan, Preliminary Plat or Transfer of Development Intensity that requests a bonus must address (thorough analysis or design) if required by the Town: A. Any PD or other required Development Plan, PD or other required Site Plan, Preliminary Plat or Transfer of Development Intensity that requests a bonus, shall provide an emergency service impact analysis which include the following: i. The current Westlake level of emergency service personnel (police and firemen) per 1,000 population, including application of the population equivalency which converts commercial square footage into a residential population demand equivalent. ii. The additional emergency service personnel required to maintain national emergency service standards resulting from population (or population equivalency) increases generated by this development proposal. iii. Fire protection and/or security measures proposed with the request. iv. Compliance with emergency service infrastructure requirement within the proposed site plan design. v. A Response Time Window analysis to establish the extent to which a 5-minute response time remains attainable when considering the level of roadway connection and other necessary emergency infrastructure available upon completion of the proposed project. DRAFT – 2/13/2017 Page 14 of 16 B. When a PD or other required Development Plan, PD or other required Site Plan, Preliminary Plat or Transfer of Development Intensity that requests a bonus demonstrates that any part pf the subject property coincides, or closely coincides with the recommended location of any emergency facility or Town Hall, the Town shall evaluate the site plan to determine the following: i. Is the Facilities and Town Hall Plan, or any portion thereof, proposed for implementation within the development proposal? ii. Are there alternative locations for emergency service facilities or Town Hall that will accomplish the intent of the Comprehensive Plan on-or-off, the subject property? iii. Are there any reasons why placement of an emergency facility or Town Hall at this location is more important to the public health, safety, and welfare than location on another neighboring, undeveloped site? C. The Town will make every effort to locate emergency service facilities so that the 5- minute response time capability goal is attainable as the Town develops. Measures taken by the Town to accomplish this policy can include: I. Contracting with third party service providers (such as neighboring Towns) until road connections and require infrastructure or facility sites are available. ii. Location of temporary facilities, under agreement with property owners which permits temporary location. iii. Requirement of stricter fire suppression and/or security measures within residential and/or commercial development that will allow extension of the emergency service window. D. The Town will evaluate its subdivision and fire code provisions periodically to assure that development standards continue to meet the needs of current service equipment. Such evaluations will take place at least every 5 years and be conducted by the Town’s Fire Marshall or Fire Chief or a consultant qualified to make such evaluations. SECTION 9: STORM WATER CONSERVATION Any PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and /or Transfer of Development Intensity that requests a bonus (in accordance with Section 4) shall establish the extent to which the development proposed shall implement the Storm Water Conservation Plan and/or mitigate the development’s impacts on the Town’s ability to implement the Storm Water Conservation plan over time, as follows: 1. The Regulatory/ Policy Status of the Storm Water and Water Conservation Plan. The Storm Water and Water Conservation Plan presented in the Forging Westlake 2015 Comprehensive Plan shall guide design and organizational initiatives intended to improve water quality and promote water conservation. The Town establishes that development going forward should take every reasonable measure to improve water quality and conserve water usage. This is both a design and a management issue (public and private). Therefore, the Town will seek to initiate measures as well as promote better project design aimed at less water use and/or providing natural filtration/infiltration/pattern for storm water flows. DRAFT – 2/13/2017 Page 15 of 16 2. Application Trigger Points. Implementation of the Storm Water and Water Conservation Plan Element of the Forging Westlake 2015 Comprehensive Plan is advanced when any, or a combination of, the following is part of a zoning request, concept plan, development plan, site plan, Transfer of Development Intensity, subdivision or construction site plan submitted for Town consideration: A. Drainage plans for any residential development/ zoning/ platting which makes broad use of surface water management. B. The Town considers drainage plans for any non-residential development/ zoning/ platting which makes broad use of surface water management. C. When any portion of the Thoroughfare Plan is being implemented (filtration and bio- swale measures shall be considered where appropriate). D. Any improvement to development adjacent to a waterway and/or water body shall preserve and enhance the features of the natural waterway as well as bed and bank and characteristics, unless a reconfiguration is approved by the Town. F. Any improvement, restoration, renovation of a waterway and/ or water body. G. The creation of any water amenity as a development/project feature. H. The construction of stock or private ponds. I. The construction of any water detention or retention facility. J. The preservation of any plant communities. K. The Town considers any public or private extension of the Open Space Envelope along natural waterways or as a means to preserve natural run-off patterns. 3. Plan Review/ Submittal Requirements. The following are standards and points of consideration that the Town may consider and which any PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and /or Transfer of Development Intensity that requests a bonus (in accordance with Section 4) must address (thorough analysis or design) when required by the Town: Any a PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and /or Transfer of Development Intensity that requests a bonus (in accordance with Section 4)submitted for Town consideration shall include: A. Description of measures which will enhance water quality and promote water conservation. These measures include a periodic system water audit and water loss audit, management of water usage, other best management practices, and preservation of storm water water quality. B. Indication of any portion of the subject land area that coincides with a waterway, major drainage way, water body, open space, a View Corridor Zone (hereinafter known as a Water Way Association). C. Plan of existing drainage as well as proposed drainage and shall identify any water conservation and surface water flow management techniques/devices/ practices being employed in the proposal. DRAFT – 2/13/2017 Page 16 of 16 D. When a zoning request, concept plan, development plan, site plan, Transfer of Development Intensity, subdivision or construction site plan demonstrates that any part of the subject property coincides, or closely coincides with any portion of a Water Way Association, the Town shall evaluate the submittal to determine the following: i. Is the Water Way Association or any part of it within the development proposal? ii. Are there alternate locations or configurations of the Water Association that will accomplish the intent of the Storm Water and Water Conservation Plan? iii. Are there opportunities for design measures that facilitate water infiltration, filtration such as bioswales, green parking lot features, rain gardens, deep root native grass areas (that promote infiltration), infiltration trenches, permeable pavement, and rain barrels and/ or cisterns? iv. Are there opportunities for land set asides which facilitate water quality and control water run-off such as riparian buffers, and/or creation of/ preservation of wetlands? v. Are there opportunities for installation of water control measures such as inlet protection devices and storm water detention facilities? vi. Are there opportunities to increase the surface water storage through storm water retention facilities? vii. Are there opportunities to preserve natural water flows through elimination of curb and gutter? SECTION 10: SEVERABILITY It is hereby declared to be the intention of the Council 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 unconstitutional by the valid judgement or degree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraph or sections of this Ordinance since the same would have been enacted by the Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11: EFFECTIVE DATE This Ordinance shall become effective upon its passage. PASSED AND APPROVED ON THIS DAY OF ,2016 Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Presentation and discussion regarding a proposed amendment to Chapter 74, Solid Waste, amending the requirement to obtain a container from the Town’s franchised waste provider of the Solid Waste and other minor amendments. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development 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: February 27, 2017 Completion Date: January 23, 2017 Revenue Amount: N/A Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Over the past few years, the Town of Westlake like many of our neighboring communities, has seen an increase in development activities and the need to establish appropriate construction requirements to protect the environment and neighboring property owners. As you will recall, staff presented an Ordinance update at the May 23, 2016 Town Council meeting to address erosion control issues being experienced throughout Town. This was due, in part, to the amount of complaints from homebuilders and current/future residents regarding the amount of silt, trash and construction waste that was allowed to accumulate on construction sites, as well as, ending up on neighboring properties. In an effort to improve site conditions, Town Page 2 of 2 staff started working with the offending lots to become compliant with Town ordinances. Some sites had no container while others had sheets of plywood nailed together creating a box. As a result, builders were required to install and maintain their erosion control methods (silt fence, construction entrances…) or risk having their permit revoked and being issued citations. Staff also notified builders who either did not have a container or had a container from a non- franchised waste hauler of the requirement to have a container from the Town’s franchised waste provider in accordance with Section 74-5 of the Town’s Ordinances (see excerpt below): Sec. 74-5. - Building construction trash. Trash resulting from construction of any structure within the town, including but not limited to buildings of any type, or remodeling of any structure, shall be removed promptly at the expense of the owner of the property upon which the construction took place. All construction or building site dumpsters must be provided by the town's franchised waste collector. Our current provider, Republic, provides containers for commercial and residential construction with the Town. During staff’s communication with builders, a few voiced concerns related to customer service issues they experienced with Republic. We have asked builders that have any customer service issues with Republic to bring to our attention so we get it resolved. The Town’s current requirement that our franchised provider perform all construction debris removal is in keeping with neighboring and comparable communities: Section 16-35 of Southlake’s Code of Ordinances; Section 7-410 of Keller’s Code of Ordinances; Section 13 of Trophy Club’s Code of Ordinances; and Section 13 of Highland Park’s Code of Ordinances. This operational regulatory oversight exists because municipalities are charged by the state with the responsibility of the public safety and welfare of its citizens. It is important to remember that municipalities are in the solid waste business. The Town owns the solid waste stream and has a responsibility to ensure its proper disposal. In Westlake, much like most communities in North Central Texas, we outsource this service delivery to the private sector and “franchise” a provider. Two vendors have contacted Town staff requesting permission to operate within the Town. The Town’s current Solid Waste Ordinance was drafted to address a single provider of solid waste services. The proposed ordinance includes some housekeeping/updates, provide for the ability of solid waste provider alternatives, who would have to operate within established parameters to ensure the public health and safety of Westlake citizens, and includes a license fee of 15% to operate. RECOMMENDATION N/A ATTACHMENTS Memo: TCEQ Municipal Solid Waste Exemptions DRAFT Ordinance Memo To: Honorable Mayor and Westlake Town Council From: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Date: February 27, 2017 Re: TCEQ Municipal Solid Waste Exemptions Mayor Wheat and Town Councilmembers, the Administrative Code below provides some regulatory information regarding the disposal of solid waste from an individual’s property. Staff felt this was noteworthy to the proposed ordinance and the Town’s ability to regulate solid waste operations. Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 330 MUNICIPAL SOLID WASTE SUBCHAPTER A GENERAL INFORMATION RULE §330.13 Waste Management Activities Exempt from Permitting, Registration, or Notification (a) A permit, registration, notification, or other authorization is not required for the disposal of up to 2,000 pounds per year of litter or other solid waste generated by an individual on that individual's own land and is not required to comply with §330.19 of this title (relating to Deed Recordation) provided that: (1) the litter or waste is generated on land that the individual owns; (2) the litter or waste is not generated as a result of an activity related to a commercial purpose; (3) the disposal occurs on land that the individual owns; (4) the disposal is not for a commercial purpose; (5) the waste disposed of is not hazardous waste or industrial waste; (6) the waste disposal method complies with Chapter 111, Subchapter B of this title (relating to Outdoor Burning); and (7) the waste disposal method does not contribute to a nuisance and does not endanger the public health or the environment. Exceeding 2,000 pounds per individual's residence per year is considered to be a nuisance. (b) A permit, registration, notification, or other authorization is not required for the disposal of animal carcasses from government roadway maintenance where: (1) either of the following: (A) the animals were killed on county or municipal roadways and the carcasses are buried on property owned by the entity that is responsible for road maintenance; or (B) the animals were killed on state highway rights-of-way and the carcasses are disposed of by the Texas Department of Transportation by burying the carcasses on state highway rights-of-way; and (2) the waste disposal method does not contribute to a nuisance and does not endanger the public health or the environment; and (3) the animal carcasses are covered with at least two feet of soil within 24 hours of collection in accordance with §330.171(c)(2) of this title (relating to Disposal of Special Wastes). (c) A permit, registration, notification, or other authorization is not required for veterinarians performing activities as authorized by Texas Occupations Code, §801.361, Disposal of Animal Remains. Disposal by burning under this section must comply only with §111.209(3) of this title (relating to Exception for Disposal Fires). (d) Except as required by §330.7(c)(2) and §330.9(a) of this title (relating to Permit Required; and Registration Required), a permit, registration, notification, or other authorization is not required for transporters of municipal solid waste. (e) A permit, registration, notification, or other authorization is not required for a collection point for parking lot or street sweepings or wastes collected and received in sealed plastic bags from such activities as periodic city-wide cleanup campaigns and cleanup of rights-of-way or roadside parks. (f) A permit, registration, notification, or other authorization is not required from a car wash facility for drying grit trap waste as long as these wastes are dried and disposed of in compliance with applicable federal, state, and local regulations. Grit trap waste from car wash facilities may be transported for drying purposes to other property if the car wash facility and the property with the drying bed have the same owner and if the facilities are located within 50 miles of each other. This subsection is not intended to preempt or supersede local government regulation of grit trap waste-drying facilities. Drying facilities must comply with Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) if applicable. Ordinance XXX Page 1 of 13 TOWN OF WESTLAKE ORDINANCE NO. ______ AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 74 TITLED “SOLID WASTE” BY DELETING CHAPTER 74, AND REPLACING IT WITH CHAPTER 74 “SOLID WASTE”; PROVIDING FOR BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR REFUSE COLLECTION SERVICE; BY PROVIDING FOR DISPOSAL OR REMOVAL OF SOLID WASTE; PROVIDING FOR TRASH CANS AND RECEPTACLES; PROHIBITING SAMITARY LANDFILLS, PROHIBITING NUISANCES; PROVIDING FOR REQUIREMENTS FOR RESIDENTIAL COLLECITON; PROVIDING FOR FRANCHISE OR LICENSE REQUIRED; PROVIDING FOR FEES; PROVIDING FOR COMMERCIAL SOLID WASTE REQUIREMENTS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that there be appropriate regulations for the proper disposal of trash; and WHEREAS, the Town Council of the Town of Westlake find it necessary for the public health, safety and welfare that there be appropriate regulation regarding the people and companies that remove and transport waste utilizing Town rights-of-way; and WHEREAS, the Town has the ownership of and responsibility for the waste stream and appropriate regulations are required under state and federal law; and WHEREAS, upon the recommendation of the Town staff, 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 previous Chapter 74 “Solid Waste” should be deleted and the following Chapter 74 “Solid Waste” 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. Ordinance XXX Page 2 of 13 SECTION 2: That Chapter 74, “Solid Waste” is amended by deleting the current Chapter 74 “Solid Waste” and replacing it with Chapter 74 “Solid Waste” set forth as follows: CHAPTER 74 SOLID WASTE ARTICLE I GENERAL REQUIREMENTS Sec. 74-1 Definitions. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: In this article: Bulk cardboard means cardboard of a quantity or size that cannot be fitted inside a container or cart and that is free of any contents or material. Bulky waste means large discarded items from residences within the Town, such as appliances, furniture, household equipment, up to four (4) cubic yards of construction and demolition waste from do-it-yourself home projects, and other items too large for the cart. Cart means an approved rolling, molded plastic container, equipped with a lid, capable of holding not more than 95 gallons, and designed to be collected by an automated collection vehicle. Commercial property means real property that is not a residential property. Commercial solid waste means any solid waste generated from any improved real property other than improved real property used for single- or two-family dwellings. Commercial solid waste includes industrial waste and construction and demolition waste. Commercial solid waste customer means the owner or lessee of commercial property or of residential property with respect to the collection of construction and demolition waste. Commercial solid waste operator means any person who collects, hauls, or transports commercial solid waste industrial solid waste, or residential construction debris for a fee by use of a motor vehicle. Construction and demolition waste means waste resulting from construction or demolition projects, which includes all materials that are directly or indirectly the by-products of construction work or that result from demolition of buildings and other structures. Such materials may include paper, cartons, gypsum board, wood, excelsior, rubber, and plastic. Container means a receptacle designed to contain solid waste. For soft recyclables, a container includes a Town-supplied bag or customer-owned bag, box or bin. Disposal means the discharging, depositing, injecting, dumping, spilling, leaking, or placing of solid waste or hazardous waste, whether containerized or uncontainerized, into or on land or water so that the solid waste or hazardous waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner. Franchisee or franchised waste provider means the solid waste operator holding and exclusive franchise from the Town to collect and dispose of residential and commercial solid waste. Ordinance XXX Page 3 of 13 Garbage means solid waste animal or waste materials from the handling, preparation, cooking or consumption of produce, food or other biodegradable matter Hazardous waste means any waste identified or listed as hazardous waste by any state or federal agency. Household or Residential hazardous waste means hazardous waste generated by or from a residential property. A list of residential or household hazardous waste items designated to be collected from a residential property may be available from the Town. Industrial solid waste has the meaning as defined in Texas Health and Safety Code, Ch. 361, as amended. Industrial solid waste means solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations. Municipal solid waste means solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid waste. Person means an individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Pick-up day means a day scheduled by the Town for pick-up of trash bags for a portion of the Town that includes the residence, public, commercial, industrial, or other business establishment in question, as published by the Town in the official Town newspaper or other method of providing notice approved by state law, on the official Town website or in any other manner designed to provide notice. Radioactive waste means waste that requires specific licensing under the Texas Health and Safety Code, chapter 401 and the rules adopted by the Texas Commission on Environmental Quality. Recyclable material means a material that has been recovered or diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Although recyclable material is not solid waste, it may become solid waste if it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect to the party actually abandoning or disposing of the material. Recycling means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use. Refrigerant means a Class I or Class II substance as listed in 42 U.S.C. Section 7671a and rules adopted under that section, as amended. Residential property means seal property containing a building designed for use as a single- or a two-family residence. Residential waste means solid waste generated from a residential property that can be enclosed in a container designed for solid waste. Residential waste does not include bulk building materials or construction debris. Ordinance XXX Page 4 of 13 Sanitary landfill means a controlled area of land on which solid waste is disposed of in accordance with standards, rules, or orders established by the commission. Soft recyclables means men's, women's and children's clothing, coats and jackets, jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes/curtains, pillows, sleeping bags, small furniture, small appliances, irons, radios, lamps, hairdryers, tools, microwaves, coffee makers, silverware, dishes, pots, pans, glasses and backpacks. Solid waste shall be defined broadly to include: (a) all garbage, rubbish, refuse or other solid waste materials normally generated from commercial or residential properties other than recyclable material, hazardous waste generated by commercial solid waste customers, domestic septage, grease trap waste, grit trap waste, lint trap waste, or sand trap waste; (b) for residential properties, solid waste may include residential waste, garbage, dead animals, bulky waste, green waste, recyclable material, and residential hazardous waste as well as the state law definition in Health and Safety Code section 361.003, which provides that solid waste means garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term: (1) does not include: (i) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Chapter 26, Water Code; (ii) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (iii) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Section 91.101, Natural Resources Code; and (2) does include hazardous substances, for the purposes of Health and Safety Code Sections 361.271 through 361.277, 361.280, and 361.343 through 361.345. Temporary means thirty (30) days or less. Temporary construction and demolition waste means construction and demolition waste from a project that does not exceed 30 days Trash means all garbage, refuse, rubbish, waste, junk, debris, rubble, ruins, scrap, leavings, remnants, residue, soil or litter. Trash bag means a plastic bag or sack container that is designed and sold for the purpose of placing trash in it for disposal. Waste has the same definition as solid waste. Weeds means all rank and uncultivated vegetable growth or matter which is liable to become an unwholesome or decaying mass or breeding place for flies, mosquitoes, or vermin. Ordinance XXX Page 5 of 13 Sec. 74-2 Refuse collection service; requirement for franchise or license. (a) The Town has the ownership interest in the waste stream and the right and responsibility to properly regulate it. (b) The town may entered into an agreement with a private refuse collection service to collect garbage, trash and rubbish from the residents of the town by emptying or collecting garbage cans, trash receptacles, or containers, and transporting the residential waste to a sanitary landfill outside the corporate limits of the town. (c) Residential customers shall use a franchised waste provider. Sec. 74-3 Disposal or removal of solid waste (a) It is unlawful for any person to transport any solid waste generated from any private real property and place that solid waste into a container located on public property owned or controlled by the Town without the Town's consent. (b) It is unlawful for any person to place solid waste into any solid waste container not owned by, rented to, or under the control of that person, unless the person placing the solid waste has the consent of the owner or person exercising control of the container. (c) It is unlawful for any person to transport solid waste from any place outside the Town limits to any place within the Town limits for the purpose of causing the same to be collected as residential solid waste by the Town. (d) It is unlawful for any person to intentionally, knowingly or recklessly scavenge from, search through, disturb, or remove any contents placed for collection by the Town and: (1) Located in a container, cart, bag, or other receptacle; or (2) Located on any public street, alley, parkway, right-of-way, or other public property. (e) It shall be unlawful for any person to dispose of or permit the disposal of any garbage, hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish or solid waste on any land within the corporate limits or the extraterritorial jurisdiction of the Town except to place such waste in proper containers constructed of metal, plastic, rubber or paper and placed appropriately for collection by an authorized refuse collection service. (f) It shall be unlawful for any person to dispose of any hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish or solid waste by placing any of said waste products in any receptacle, toilet, drain or other opening that would lead to a sanitary or storm sewer. (g) It is a defense to prosecution under this section that the person was authorized by the Town to collect the solid waste or the person owns or has the right to use the contents or solid waste container, cart, bag, or other receptacle. Sec. 74-4. - Building construction trash. Trash resulting from construction of any structure within the town, including but not limited to buildings of any type, or remodeling of any structure, shall be removed promptly at the expense of the owner of the property upon which the construction took place. All construction or building site dumpsters must be provided by the town's franchised or licensed waste collector[s]. Ordinance XXX Page 6 of 13 Sec. 74-5. - Trash cans and receptacles. (a) It shall be the mandatory duty of every person occupying a residence to place or cause to be placed in trash bags, and of every owner, agent, lessee, occupant or person in charge of any public, commercial, business or industrial establishment in the town to place or cause to be placed in trash bags or mechanical trash containers, all trash that accumulates upon their premises; provided, however, that it shall be the mandatory duty of any person owning or having control over any property where construction requiring a building permit is taking place and where the construction is being performed in relation to a residential structure, garage, swimming pool, or building to be used for commercial, industrial or business purposes, prior to the start of construction, to place upon the property a dumpster, provided by the Town's franchised or licensed waste collector, for purposes of depositing rock, waste, concrete, wood, earth, dirt, scrap building materials or other trash generated by the construction work therein. The dumpster must be placed, where possible, so as to be screened from public view and must be removed from the building site immediately upon the completion of construction. Except where the prior permission of the owner or person in control of a dumpster has been secured, it shall be an offense for any person to place or deposit or cause to be placed or deposited any trash into any dumpster required by this subsection when the dumpster is not under that person's ownership or control; provided, however, that it shall be presumed that a person who is not the owner of or does not have control over a dumpster and who deposits any trash into the dumpster did not have permission of the owner or person in control of the dumpster to make the deposit. (b) Trash bags at all times must be kept secure and closed so that flies and other insects may not have access to the contents thereof, and must remain closed except while the trash bag is being filled. The doors or covers of all mechanical trash containers must at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof, and the doors or covers must not be opened except while the containers are being filled or emptied. (c) It shall be the duty of each person to keep and maintain any receptacle for trash in such a manner that it shall not become or constitute a public nuisance. Sec. 74-6. - Sanitary landfill prohibited. (a) It shall be unlawful for any person to operate a sanitary landfill. (b) It shall be unlawful for any person to operate a facility, landfill or unit for the disposal of hazardous waste, industrial solid waste, municipal solid waste, or radioactive waste, within the corporate limits or the extraterritorial jurisdiction of the town.. Sec. 74-7. - Exceptions. A person may burn, on one's own property, the following combustible waste materials: paper, cartons, wood, yard trimmings, leaves and similar materials, provided that such burning is in accordance with all federal, state, and county rules and regulations. Sec. 74-8. - Nuisance. Whatever is dangerous to human life or health, or whatever renders the ground, water, air or food a hazard or is likely to cause injury to human life or health, or that is offensive to the senses or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance. The specific acts, conditions and things prohibited in this chapter are, Ordinance XXX Page 7 of 13 among others, each hereby declared to be nuisances and against the general health, safety and welfare and are hereby made unlawful. Sec. 74-9. - Composting. Notwithstanding any provision in this chapter to the contrary, composting within the guidelines established by the state is allowed so long as a nuisance, as defined in section 74- 8 “Nuisance” is not created. Sections 74-10 through 74-31 Reserved. ARTICLE II. – RESIDENTIAL Sec. 74-32. – Requirements for residential collection. (a) Customers. (1) Except for bulky waste, green waste, soft recyclables and bulk cardboard, customers must place all solid waste within a cart provided by the Franchisee. (2) Customers should contain all solid waste placed in carts used for garbage in plastic or paper bags to help prevent odors and the contents from blowing out of the container when the cart is being emptied. (3) Customers may not place hot ashes, car parts, or non-residential hazardous waste in a cart or at the curb for collection. (4) Customers may not place construction and demolition waste from a contractor project in a cart or at the curb for collection. (5) Customers must place the carts for solid waste collection at the base of the curb (where curbs exist) with the cart wheels against the curb. (6) Customers must place carts, containers, bags, green waste, bulk cardboard and all other solid waste in a manner that does not block sidewalks, that is not within three feet of a mailbox, parked car, or other fixed object, and that is clear of low hanging limbs and utility lines. (7) Customers may not place solid waste in a cart that exceeds the maximum weight rating capacity imprinted on the container. (8) Customers may not place carts, containers, bags, bulk cardboard, or solid waste out by the curb for collection earlier than 6:00 p.m. the evening before the day of collection and later than 7:00 a.m. of the day of collection. Customers must remove carts and containers from the curb no later than 8:00 a.m. on the morning following the day of collection. (9) Customers may place bulky waste that is less than three (3) feet by three (3) feet by six (6) feet with the regular trash pickup. The amount of waste for a regular pickup may not exceed seventy-five (75) pounds. (10) Customers must request a special pickup for household appliances or bulky waste in excess of the dimensions set out in subsection (9) above. If a special pickup is approved, customers must place the appliance(s), bulky waste or tree limbs out for collection for the Ordinance XXX Page 8 of 13 designated date and in the manner required. The bulky waste must follow all franchise guidelines for pick-up. (11) Customers may place up to ten cubic yards of green waste to be collected on the scheduled collection day. (12) Customers can only receive a special pick up for refrigerators if the Customer arranges a special pick up from Franchisee and a. All doors of a refrigerator or freezer are removed; and b. A tag is prominently displayed on the appliance issued by a person licensed to perform air conditioning and refrigeration work under V.T.C.A., Ch. 1302, Texas Occupations Code, as amended, certifying that all refrigerants have been removed. (13) Customers must place all bulky waste, green waste, bulk cardboard and soft recyclables no farther than four feet from the curb for collection. (14) Customers must place all recyclables in recycling containers. (b) Town. The Town is not required to collect any residential solid waste that does not comply with the requirements of this section. Sec. 74-33. – Contract/Franchise required. (a) It is unlawful for any person, other than the Town to operate or cause any other person to operate a motor vehicle upon a public street in the Town for the purpose of collecting for compensation solid waste generated from residential property. (b) It is a defense to prosecution under this section that the person has a franchise or contract with the Town or the consent of the Town to collect solid waste from residential property within the Town. (C) Only a franchised waste transporter or hauler shall transport residential waste. Sec. 74-34. – Fees and billing. Each residential property must pay a monthly fee as established by the Town council for having available or receiving residential solid waste collection and removal services. The fee is billed monthly by the Town and is payable on the due date shown on the bill. The charge for residential solid waste service shown on a customer’s monthly billing is not considered a separate billing from other Town services for purposes of determining delinquency. Should the customer fail to timely pay the total combined monthly bill for water, sewer, and residential solid waste collection, the Town may discontinue water service to the residential property in accordance with the provisions applicable to delinquent payments for water and sewer service. Sections 74-35 through 74-40 Reserved. ARTICLE III. – COMMERCIAL SOLID WASTE, LIQUID WASTE, AND RECYCLABLE MATERIALS OPERATORS Sec. 74-41 Requirements of Other Ordinances Not Waived Ordinance XXX Page 9 of 13 Nothing in this Article shall be considered a waiver of the requirements of Chapter 36 and other Town requirements in regard to waste. Sec. 74-42. – Commercial solid waste requirements. Commercial property. For each commercial property: (a) All commercial solid waste must be placed within the container approved by Town Manager or designee as required by chapter 36, unless the container requirements is waived as provided by chapter 36; (b) All commercial solid waste must be contained within the container to help prevent odors and the contents from escaping from the container; (c) The area around the container must be kept clear of obstructions so that the exclusive franchisee may service the container; (d) Containers may not be modified or used for any purpose other than for disposal and collection of commercial solid waste; and (e) Containers must be located in a safe, accessible location that allows for adequate clearance for collection. Sec. 74-43. – Fees. Each commercial solid waste transporter must pay a monthly fee to the Town for use of streets, roadways and rights-of-way. Sec. 74-44. – License or franchise required. (a) Commercial solid waste operators collecting, transporting, or disposing of commercial solid waste or temporary construction and demolition waste within the Town’s corporate limits for compensation must obtain a license from the Town under this article. (b) Liquid waste operators collecting, transporting, or disposing of liquid waste within the Town’s corporate limits for compensation must obtain a license from the Town under this article. (c) Recyclable materials operators collecting, transporting, or disposing of recyclable material from commercial property within the Town’s corporate limits for compensation must obtain a license from the Town under this article. (d) Notwithstanding the provisions in subsection 74-72(b) of this Code, the license is valid for a term beginning January 1 or upon issuance and ending December 31 annually, unless earlier revoked, for: (1) Recyclable materials operators; (2) Liquid waste operators; and (3) Commercial solid waste operators that collect, haul, transport, and dispose of temporary construction and demolition waste. (d) A License may be automatically renewed unless the terms of the License specify that it is not automatically renewed. (e) Any License subject to automatic renewal shall not be automatically renewed if notice is sent by the Town to the address provided by Licensee in Licensee’s application that such automatic renewal is withdrawn (f) A person holding a franchise from the Town is exempt from the requirement of obtaining a License under this section. Ordinance XXX Page 10 of 13 Sec. 74-45. – License application requirements. To obtain or renew a license under this article, the application must be made on forms provided by the Town for that purpose along with any initial or renewal application fee. The application requires that the applicant: (1) State the name under which the operator conducts business, the business address, and the telephone number; (2) State the make, model, and body style of each motor vehicle to be used in the Town; (3) Submit legally binding proof of liability insurance for the motor vehicles in the amounts required by law; (4) Submit legally binding proof of insurance for the types of insurance and amounts of insurance required for Franchisee; (5) Current customers, routes and end destination; (6) Agree to abide by and be bound by the provisions of this article and to comply with all other federal and state laws applicable to the licensee’s activities; and (7) Submit any other information reasonably required by the Town to administer this article. Sec.74-46. – License regulations. (a) All licensees must prominently place clearly legible letters not less than five inches in height on both sides of the vehicles, containers and equipment that the licensee operates within the Town that identify the assigned number of each vehicle and the name and telephone number of the licensee. (b) All licensees providing collection services for recyclable materials must display recycling signage on all vehicles, containers, and equipment in legible letters not less than five inches in height. (c) All licensees’ vehicles, containers and equipment must be well-maintained, in good repair, clean, sanitary, and free from leaks and excessive emissions. (d) All licensees must contain, enclose or tie all commercial solid waste and recyclable materials in a manner that prevents spilling, leaking or blowing. (e) All licensees must immediately clean up all leakage, spillage and blown debris resulting from the licensees’ vehicles or equipment. (f) All licensees must maintain all vehicles, containers and equipment in compliance with the laws and manufacturers’ specifications. (g) All licensees must maintain all required insurance during the term of the license, and provide legally binding proof of said insurance upon request of Town Manager or designee; (h) All licensees must notify the Town of any change in the information submitted in an application for a license, including a change in the name, address or telephone number of the licensee. (i) All licensees must maintain their licenses issued under this article in compliance with the Town’s ordinances. (j) The Town Manager or designee may examine the books, papers, records, financial reports, equipment, and other facilities of a licensee to verify compliance with this article. (k) Each commercial solid waste operator must keep for two consecutive calendar years all scale house tickets, receipts, invoices, manifests, and other documents evidencing the collection within the Town of commercial solid waste and the facility where the commercial solid waste was delivered. Ordinance XXX Page 11 of 13 (l) Each commercial solid waste operator must submit monthly reports to the Town within 30 days following the end of each month. Said reports shall contain: (1) Detailed by month showing the total commercial solid waste tonnage collected by the commercial solid waste operator during each month of the previous quarter; (2) That includes the list of names and addresses of the disposal location(s) of the commercial solid waste collected within the Town during the previous quarter; (3) That includes the total amount of commercial solid waste delivered at each disposal location each month of the previous quarter; (4) That show the gross revenues earned each month within the Town during the previous quarter; (5) That includes, in table format, the customer’s name, address, number of containers serviced, container type, size, and service schedule or on-call service; and (6) That includes any additional reports reasonably requested by the Town for the time period requested. Sec. 74-47. – Solid waste license fee. (a) Each commercial solid waste operator that has been granted a license under this article must pay a license fee equal to fifteen percent (15%) of the operator’s gross revenues from the collection, hauling, or transporting of commercial and industrial solid waste collected within the Town, after excluding therefrom the revenues licensee received from the collection, hauling, or transporting of recyclable material collected within the Town. (b) Each commercial solid waste operator must pay the required license fee monthly to the Town within 30 days following each month. Each monthly payment must be computed on the revenues for the month preceding the month in which the payment is due. Each commercial solid waste operator must provide with each monthly payment a statement of the gross revenues upon which the payment is computed, prepared according to generally accepted accounting practices, and signed by an authorized representative of the licensee. The commercial solid waste operator must pay a late penalty of 12 percent per annum, compounded daily, on any monthly payment, or portions thereof, that is paid subsequent to the required payment date. (c) Each monthly payment must also be accompanied by a listing of the location and number of commercial containers serviced by the commercial solid waste operator in the Town. (d) The Town may inspect and audit the commercial solid waste operator’s records upon which payments to the Town are computed and paid. If the Town’s inspection or audit shows that the commercial solid waste operator has underpaid an amount required to be paid under this article, the commercial solid waste operator must pay the deficiency within 60 days of the date the Town gives the commercial solid waste operator written notice of the deficiency. If the deficiency is more than ten percent of the amount the commercial solid waste operator was required to pay for the quarter, the commercial solid waste operator must also pay a penalty of ten percent per annum on the deficiency and the Town’s reasonable cost incurred for the inspection or audit. (e) The Town’s acceptance of a payment is not deemed to be a release or an accord as satisfaction of any claim the Town may have for further or additional sums payable under this article. The Town is not liable to refund to the commercial solid waste operator any payment Ordinance XXX Page 12 of 13 the commercial solid waste operator makes to the Town that is more than the amount required to be paid by commercial solid waste operator under this article. Sec. 74-48 Revocation The Town Manager or designee may revoke a license for a violation of this chapter. 74-50 Failure to Obtain a License – Offense It is unlawful for any person, other than the Town, to operate or cause any other person to operate, a motor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of commercial solid waste within the Town’s corporate limits for compensation unless the person that owns or controls the motor vehicle: (1) has an exclusive franchise with the Town; (2) has a valid license issued by the Town under this article; or (3) is providing commercial solid waste collections services in an area annexed by the Town under a contract in effect at the time of annexation, as applicable under Section 43.056(n), Texas Local Government Code. Sections 74-51 through 74-74 Reserved. ARTICLE IV PENALTY Sec. 74-75. - Offense, penalty and culpable mental state. (a) Offense. It is unlawful for: (1) Any person to violate any provision of this chapter, and any person violating or failing to comply with any provisions of this chapter (2) Any person, other than the Town, to operate or cause any other person to operate, a motor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of liquid waste within the Town's corporate limits for compensation unless the person that owns or controls the motor vehicle has a valid franchise or license issued by the Town under this article. (3) Is providing commercial solid waste collection services in an area annexed by the Town under a contract in effect at the time of annexation, as applicable under Section 43.056(n), Texas Local Government Code. (b) Culpable mental state. A violation of this article requires a culpable mental state of "knowing." (c) Continuing violations. Each day any violation continues constitutes a separate offense. (d) Penalty. That any person found guilty of violating this chapter will be fined not more than $2,000.00 for each offense. SECTION 3: No prosecution or administrative action pending, and no violation of or noncompliance with any prior ordinance shall be affected or terminated by the passage of this ordinance. Ordinance XXX Page 13 of 13 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: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS _____ DAY OF ____________ 2016. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Presentation and discussion regarding an amendment to CH 94, Utilities, of the Town’s Code of Ordinances. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development 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: February 27, 2017 Completion Date: April 24, 2017 Revenue Amount: N/A Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Current Situation: The Town does not have an adopted ordinance compliant with the state’s requirement. Why Action is Necessary: All public water systems in the state of Texas are required by the Texas Commission on Environmental Quality to have a Cross Connection Control Ordinance and implement a program to protect the public’s drinking water system. The proposed ordinance will provide for the ability to enforce Public Water System standards required by TCEQ. Under Section §290 Subchapter D of the Texas Administrative Code, all water purveyors (i.e. Page 2 of 3 cities, water districts, etc.) are required to establish cross connection programs and adopt a plumbing ordinance to meet Texas Commission on Environmental Quality (TCEQ) minimum requirements. Annual testing is required by a certified inspector and records must be kept. TCEQ requires that “an adequate internal cross-connection control program shall include an annual inspection and testing by a certified backflow prevention assembly tester on all backflow prevention assemblies used for health hazard protection”. If incorrectly assembled or inoperable, non-potable water or other contaminants have the ability to enter the potable (“drinking water”) system. Most businesses in Westlake have numerous assemblies i.e. fire suppression, lawn irrigation, soda fountains, mop sinks etc. Most residences in Westlake have an irrigation system, fire suppression, water purification or softener systems etc. requiring such devices. What Is a Cross Connection? A cross connection is a direct or potential connection between any part of the public water supply system and a source of contamination or pollution. The most common form of cross connection is a garden hose, which is easily connected to the public water supply system and can be used to apply a variety of potentially dangerous substances, including chemicals and fertilizer. Other common cross connections include dishwashers, toilets, pressure washers, boilers, pools, and lawn sprinkler systems. How Does Contamination Occur? Water normally flows in one direction, from the public water system through the customer’s cold or hot water plumbing system to a faucet or other plumbing fixture. Public water systems are subject to potential losses or increases of pressure. When system pressure changes rapidly (e.g. water main break, fire hydrant use, etc.), the flow of water in nearby buildings has the potential to reverse with water leaving homes, buildings, or water features and returning to the public system. Contamination of the public potable water supply is possible due to unprotected plumbing connections, or cross-connections, within properties without backflow prevention. There are numerous, well documented cases where cross connections have been responsible for contamination of drinking water, and have resulted in the spread of disease and/or rendering the public water system unsafe for potable consumption. The problem is a dynamic one because piping systems are continually being installed, altered, or extended; sometimes without staff’s knowledge. Backsiponage may occur when there is a drop in the supply pressure of the water distribution system. This can be caused by a water line break, water main repair, or during a rapid withdrawal of water from a fire hydrant. This creates a vacuum, which may pull or siphon contaminants or pollutants into the drinking water supply. Backpressure may be created when a source of pressure, such as a pump, boiler, or other building creates a pressure greater than that supplied from the water distribution system; this may force water to reverse direction. What are some examples of residential backflow incidents? In 1991, an atmospheric vacuum breaker valve intended to protect a cross-connection between an irrigation system and the potable supply malfunctioned, allowing backflow of irrigation water into the public water system. The water system, located in Michigan, was contaminated with nematodes, rust, and debris (Source: AWWA PNWS, 1995). Page 3 of 3 In 1997, a fire truck pump created backpressure on a fire hydrant before the valve was closed, forcing over 60 gallons of aqueous fire-fighting foam into an estimated 40,000 neighborhood taps in Charlotte-Mecklenburg, North Carolina (Source: ABPA, 1999). In August 2016, a faulty backflow prevention device in Jacksonville, NC allowed swimming pool water to contaminate drinking water lines. Boil water advisory issued while water district flushed lines and the backflow preventer was replaced (Source: WNCT.com). In July 2015, E-coli found in the Corpus Christi water supply was traced to a neighborhood that hade private wells and sprinkler systems without backflow prevention assemblies. Contaminated water was able to flow into the community water system from these properties because there was no backflow protection maintained between them and the water district (Source: KZTV.com). How does the proposed ordinance affect current and future residents and businesses? While the Town does not have a Cross Connection Control Ordinance, we have required the installation of backflow prevention assemblies in accordance with adopted plumbing codes at the time of building permit issuance. However, TCEQ requires annual testing of devices, and repairing if necessary, to ensure they are operating as designed. The proposed ordinance will require registration of all backflow prevention assemblies and may require some residents and businesses to start testing their devices annually. Future residents and businesses will be made aware of the backflow assembly registration and testing requirements when establishing new water service. How will the Cross Control Program be administered? Staff is evaluating service delivery options that includes outsourcing to a business that provides Cross Connection Control Program services to some of our neighboring communities. What are the Costs? The costs will be determined when a service delivery method is determined. When will the proposed Cross Connection Control Program be implemented? Presenting the proposed ordinance to Council is the first step in the communication effort that staff must implement. During the next month, staff will be reaching out to all residents, builders and businesses to inform them of the proposed ordinance and how it will impact them. Staff anticipates having a proposed ordinance on the April 24th regular Town Council meeting for action. RECOMMENDATION N/A ATTACHMENTS Proposed Ordinance Presentation during meeting Page 1 2/22/2017 ORDINANCE NO. XXXXX AN ORDINANCE AMENDING CHAPTER 94," OF THE CODE OF ORDINANCES OF THE TOWN OF WESTLAKE, TEXAS; CREATING ORDINANCE XX CROSS- CONNECTION CONTROL; ESTABLISHING FEES; PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. § 1 That Chapter 94 of the Code of Ordinances of the TOWN OF WESTLAKE, TEXAS, is hereby amended to establish Ordinance XX, Cross-Connections which shall read as follows: "ORDINANCE XX. CROSS-CONNECTION CONTROL” • Cross-connection control purpose • Definitions • Backflow prevention assembly requirements • Fire protection systems • Fire hydrant protection • Mobile units • Building Code • Thermal expansion • Pressure loss • Compliance for landscape irrigation • Auxiliary water systems • Residential service connections • Interconnections • Multiple connections • Customer Service Inspection (TCEQ) • Certification of Customer Service Inspection • Certification of Backflow Prevention Assembly Tester • Certified Backflow Prevention Assembly Tester responsibilities • Fees • Testing of assemblies • Maintenance of assemblies • Installation requirements for backflow prevention assemblies • Right-of-way encroachment • Emergency suspension of utility service • Non-emergency termination of water supply • Enforcement • Cross-connection control and prevention fees Page 2 2/22/2017 Section 94.1XX. Cross-connection control purpose No water connection from any public drinking water supply system shall be connected to any condensing, cooling, or industrial process or any other system of Auxiliary usage over which the public water supply system officials do not have sanitary control. The purpose of this Cross-Connection Control Program is to protect the public health, safety, and welfare by regulations designed to: (a) Reduce the possibility of contamination or pollution by isolating within a customer’s internal distribution systems or a customer’s private water systems contaminants or pollutants that could Backflow into the public water system. (b) Eliminate or control existing Cross-Connections, whether actual or potential, between a customer’s in plant Potable Water system(s) and Auxiliary Water system(s), plumbing fixtures, and industrial piping system(s). (c) Provide for the maintenance of a continuing program of Cross-Connection control which will systematically and effectively prevent the contamination or pollution of the Town’s Potable Water system. (d) Comply with Title 30 Texas Commission on Environmental Quality Chapter 290 Public Drinking Water. Section 94.2XX. Definitions For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this Ordinance is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent edition of the Manual of Cross- Connection Control published by the University of Southern California (USC) Foundation for Cross-Connection Control and Hydraulic Research. Adequate Internal Cross-Connection Control Program. An internal backflow prevention isolation protection at the point of potential contamination to the last internal free flowing Potable Water tap and all testing and inspection requirements in accordance with this ordinance are being met. Adopted Code. The municipal code of the Town as adopted and amended from time to time including all building codes. Air Gap. A physical separation between the free flowing discharge end of a Potable Water supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An “approved air-gap separation” shall be at Page 3 2/22/2017 least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device, in no case less than one inch. Approved Backflow Prevention Assembly or Backflow Assembly or Assembly. An assembly to prevent Backpressures or prevent Backsiphonage and which is listed as an approved assembly by the University of Southern California (USC) Foundation for Cross- Connection Control and Hydraulic Research, or a similar rating or standards organization recognized by the Town. Approved Fire Sprinkler Company. An entity or person holding the appropriate license issued by the Westlake Department of Labor. Atmospheric Vacuum Breaker Backflow Prevention Device or Atmospheric Vacuum Breaker or AVB. A device used to prevent Backsiphonage in Non-Health Hazard conditions. This type of device cannot be tested and cannot prevent Backpressure Backflow. Auxiliary Water Systems. Any water source or system other than the public water system that may be available in the building or on the property, including ground water or surface waters used for industrial, irrigation or any other purpose. Any pressured or non- pressured water supply on or available to the Premises other than the public water system. Backflow. The flow of Potable Water in a direction opposite to the normal flow which may cause the introduction of foreign liquids, gases, or substances into the public water system. Backflow Prevention Assembly or Assemblies. A Nationally Approved or Recognized, testable assembly to counteract back pressure or prevent Backsiphonage that is placed upon any connection, physical or otherwise, between a Potable Water supply system and any plumbing fixture or any tank receptacle, equipment or device, which is designed to prevent auxiliary, used, unclean, polluted and Contaminated water, or other substances, from entering into any part of such Potable Water system under any condition or set of conditions. Backflow Prevention Assembly Tester (BPAT) or General Tester or Tester. A person who is qualified to determine locations requiring Backflow Prevention Assemblies, test and repair Backflow Prevention Assemblies (Inline) on any domestic, commercial, industrial or irrigation service except wet based Fireline systems. Recognized Backflow Prevention Assembly Testers shall have successfully completed a Town approved course on Cross-Connection control and Backflow Prevention Assembly testing. The BPAT licenses and certificates held at the time of adoption of this Ordinance will be reviewed and approved on a case by case basis by the Town. Backpressure. An elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or Page 4 2/22/2017 tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source. Backsiphonage. The flow of water or other liquids, mixture or substances into the distribution pipes of a Potable Water supply system from any source other than its intended source caused by a sudden reduction of pressure in the Potable Water supply system. Boresight or Boresight to Daylight. A provision of adequate drainage for backflow prevention Assemblies installed in vaults through the use of an unobstructed drain pipe. Town. The Town of Westlake, Texas. Commercial Establishment. A property or location which is used primarily for manufacture, production, storage, wholesaling or retailing of services which is or may be placed in the flow of commerce, or any property or location which is used primarily for the provision of any service. Contamination or Contaminate. The entry into or presence in a public water supply system of any substance which may be harmful to health or to the quality of the water. Cross-Connection. A physical arrangement where a Potable Water supply is connected, directly or indirectly (actually or potentially), to or with any auxiliary water system or source, Used Water system or Auxiliary Water System, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, air conditioner units, fire protection system, or any other assembly which contains, or may contain, Contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of Backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over assemblies, or other temporary or permanent assemblies through which, or because of which, Backflow may occur are considered to be Cross-Connections. Cross-Connection Control Device. A Nationally Approved or Recognized device, as allowed for under the current Adopted Code, placed upon any connection, physical or otherwise, between a Potable Water supply system and any plumbing fixture or any tank receptacle, equipment or device, which is designed to prevent auxiliary, used, unclean, polluted and Contaminated water, or other substances, from entering into any part of such Potable Water system under any condition or set of conditions. Cross-connection control devices are subject to the review and approval of the Town. Cross-Connection Control Survey. An examination of the Private W ater Distribution System for the purpose of determining whether or not Backflow prevention is needed, and, if so, what type is required. The inspection shall be conducted by a Cross- Connection Control Inspector and is limited to the identification and prevention of Cross- Connection potential contamination Hazards, and illegal materials. Page 5 2/22/2017 Cross-Connection Control Inspector. Shall have successfully completed (certificate issued) a Town approved course on Cross-Connection Control Inspection and or Survey, and be authorized to perform the duties associated with conducting Cross- Connection inspections as designated by the Town. Degree of Hazard. The Hazard classification (health or non-health) assigned to an actual or potential Cross-Connection. TCEQ. Texas Commission on Environmental Quality. Double Check Detector Backflow Prevention Assembly or Double Check Detector or DCDA. An assembly composed of a line-size approved double check assembly with bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow as designated by the manufacturer. Double Check Valve Backflow Prevention Assembly or Double Check Assembly or Double Check. An assembly which consists of two independently operating check valves which are spring-loaded or weighted, with a gate valve on each side of the checks, and test cocks to test the checks for tightness. Fireline. Comprised of both overhead and underground pressurized systems intended to serve for fire suppression. Sometimes referred to as a ‘fire main’, Firelines must be tested at correct pressures and properly flushed to eliminate debris which may be hazardous to fire sprinklers. Fireline Tester. A person approved by the Town as a BPAT, employed by a state Approved Fire Sprinkler Company qualified to test backflow prevention Assemblies on Firelines, registered by the Texas Department of insurance or its successors. Hazard. May mean Health Hazard or Non-Health Hazard as defined below, either separately or individually when a particular Hazard need not be categorized exclusively as either Health, or Non-Health. Health Hazard. An actual or potential threat of contamination of a physical, chemical, biological or toxic nature to the public water system or a consumer's Potable Water system that would present a danger to human health. Inspector. General term that may refer to Backflow Prevention Assembly Tester (BPAT), General Tester, Tester, Fireline Tester or Cross-Connection Control Survey Inspector depending upon context. Inline. To test or make repairs to a Backflow Prevention Assembly while assembly is installed. Installation or removal of backflow prevention Assemblies is only allowed to be performed by an approved and certified individual per the classification of work type (plumbing, landscape irrigation and fire suppression systems). Page 6 2/22/2017 Irrigator. A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such systems to a private or public, raw or Potable Water supply system or any water supply, and who is required to be certified for landscape irrigation. Town. The Town Manager or Town Manager’s designee responsible for managing the Cross-Connection program. Mobile Unit. Any operation that has the potential to introduce contaminants into a Potable Water system from a mobile source. Mobile units include, but are not limited to: carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest control vehicles. Nationally Approved or Recognized – An assembly or device certified or recognized by the University of Southern California (USC) Foundation for Cross- Connection Control and Hydraulic Research; or a similar entity recognized by the Town. Non-Health Hazard. An actual or potential threat to the physical properties of the water system or the potability of the public or consumer’s Potable Water system that would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances. Point-of-Use Isolation. The provision of an appropriate Backflow prevention mechanism within the consumer’s water system at the point of an actual or potential Cross-Connection. Potable Water. Water supply intended or used for human consumption or other domestic purpose. Premises. Real property to which water is provided, including all improvements, buildings, mobile and other structures located on it. Premises Containment. Backflow prevention at the Service Connection between the public water system and the water user that effectively serves to isolate a water user from the public water system. Pressure Vacuum Breaker Backflow Prevention Assembly or Pressure Vacuum Breaker or PVB. An assembly which provides protection against Backsiphonage, but does not provide adequate protection against Backpressure Backflow. The assembly is a combination of a single check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allows for the full testing of the assembly. Page 7 2/22/2017 Private Water Distribution System. Traditionally the portion of the water distribution system and facilities on the owner’s side of the water meter whether underground or enclosed in a structure. Private Water Supply. Any water supply, including a well on or available to the Premises, other than the Town water supply. These Auxiliary W ater Supplies may include water supplies from another purveyor’s public water supply or any natural source such as a well, spring, river, ponds, etc. Public Water System or System. A public or privately owned water system which supplies water for public domestic use including all service lines, reservoirs, facilities, and any equipment used in the process of producing, treating, storing or conveying water for public consumption. Reduced Pressure Principle Backflow Prevention Assembly or Reduced Pressure Principle Assembly or RP Assembly or RP. A Nationally Approved or Recognized assembly containing two independently acting approved check valves, a hydraulically- operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve, and including properly located test cocks and tightly closing shut-off valves at each end of the assembly. Reduced Pressure Principle Detector Backflow Prevention Assembly or Reduced Pressure Detector or RPDA. An assembly composed of a line-size reduced pressure assembly with a bypass containing a specific water meter and an approved Reduced Pressure Principle Backflow Prevention Assembly. The meter shall register accurately for low rates of flow not detected by main meter per manufacturer specifications. Residential Use. Water usage by any residential customer of the water supply system, including from single family dwellings, duplexes, multiplex, housing and apartments. Service Connection. The point of delivery at which the public water system connects to the Private Water Supply line or lateral line of a water user. Spill-Resistant Pressure Vacuum Breaker or SVB. An assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. System Hazard. An actual or potential threat of severe danger to the physical properties of the public or consumer’s Potable Water supply, or of a pollution or contamination that would have a detrimental effect on the quality of the Potable Water in the system. Page 8 2/22/2017 Thermal Expansion. Occurs naturally as the temperature of water in a plumbing system increases in temperature and water expands. Used Water. Water that has been supplied by a Public W ater System to a water user’s system which has passed through the Service Connection. . Section 94.3XX. Backflow Prevention Assembly requirements (a) Backflow Prevention Assemblies required by this Ordinance shall be listed in the Town’s adopted Building code. Each Backflow Prevention Assembly must have been approved by the Town prior to installation. Failure to obtain such approval prior to installation of the Backflow Prevention Assembly may result in the backflow prevention assembly failing to meet the final approval by the Town. The Town shall determine the type and location of Backflow Assembly to be installed within the area serviced by the Town. (b) A BPAT employed by or under contract with the Town shall determine the type and location of any Backflow Assembly to be installed within the Town’s water service area. Although not limited to the circumstances described below, a Backflow Assembly shall be required in each of the following circumstances: (1) When the nature and extent of any activity at the Premises, or the materials or equipment used in connection with any the activities at the Premises could present a Health Hazard upon entry into the public water system: (2) When the Premises has one or more Cross-Connections; (3) When internal Cross-Connections are present and not correctable; (4) When intricate plumbing arrangements are present that make it impractical to ascertain whether Cross-Connections exist; (5) When the Premises has a repeated history of cross-connections being established or re-established; (6) When entry to the Premises is restricted, so that inspections for Cross- Connections cannot be made with sufficient thoroughness or frequency to assure that Cross-Connections do not exist; (7) When installation of an Approved Backflow Prevention Assembly is determined by an Inspector to be necessary to accomplish the purpose of these regulations; Commented [j1]: Do we need to reference building codes? Page 9 2/22/2017 (8) When an appropriate Cross-Connection Control Survey has not been filed with the Town; (9) On all multi-story buildings or any building with a booster pump or elevated storage tank; or, (10) For any Used Water return system that has received approval from the Town. (c) In all new non-residential construction the Town has the authority to require a Backflow Assembly at the Service Connection as set forth in the adopted plumbing code related to protection of the water systems. At any residence where an actual or potential Hazard exists and an Adequate Internal Cross- Connection Control Program is not in effect, Backflow protection at the water service entrance or meter may be required. (d) If a point-of-use assembly has not been tested or repaired as required by this Ordinance, the installation of a reduced pressure principle assembly will be required at the Service Connection. (e) If the Town determines that additions, deletions or rearrangements have been made to the plumbing system of the Premises without proper permits, Premises Containment shall be required. (f) Retrofitting shall be required on all point-of-use connections where a Health or System Hazard exists and wherever the Town determines that retrofitting is necessary due to circumstances that indicate that a Cross-Connection is likely to occur unless a back-flow prevention assembly is installed. (g) All Backflow Prevention Assemblies installed after the Effective Date shall be installed in a manner designed to be accessible for inspection. Any backflow prevention Assemblies, installed prior to the Effective Date, which are inaccessible, or are located where the Tester is subject to physical danger, shall be relocated to a location following the installation guidelines of this Ordinance. (h) An approved Double Check Detector Valve Assembly (DCDA) shall be the minimum protection on all new fire sprinkler systems. A Reduced Pressure Detector Assembly (RPDA) shall be installed if any solution other than Potable Water can be introduced into the sprinkler system. Retrofitting shall be required on all Hazards, where improper maintenance has occurred, and wherever the Town determines that such measures are necessary to protect public health. Section 94.4XX. Fire protection systems Page 10 2/22/2017 (a) Commercial Establishments All new fire protection systems which utilize the Town’s Potable Water supply shall have installed an Approved Backflow Prevention Assembly, as specified by the Town as required by the adopted plumbing code. As required in 19-903(i) above, an approved DCDA or RPDA shall be the minimum protection for fire sprinkler systems. A RPDA must be installed if any solution other than Potable Water can be introduced into the sprinkler system. (1) It is the responsibility of all property owners and persons in charge of any Premises to abide by the conditions of this Ordinance. In the event of any changes to the plumbing system, which would require a permit, it is the responsibility of the property owners to deliver a copy of said permit to the Town who may require that a DCDA or RPDA be installed in the event the system does not have one. All costs associated with this Ordinance and the purchase, installation, testing and repair of a DCDA or RPDA device is the responsibility of the property owner and persons in charge of any Premises. Only Fireline Testers registered with the Town are authorized to test DCDA or RPDA on Firelines. A company with a commercial fire sprinkler company license may offer to, or engage in the planning, installation, repair, alteration, maintenance, service, sale, inspection, or advertisement of fire sprinkler systems for any commercial use. (2) Upon the approved installation of the DCDA or RPDA device, a Cross- Connection test report completed by a Fireline Tester shall be sent to the attention of the Town and include the information required by this Ordinance. (3) Retrofitting of existing systems with DCDA or RPDA without having met any of the requirements of paragraph (1) above shall be required when the water supply in a certain area has been Contaminated and the fire protection system is suspected to have contributed to that contamination. The Town, in order to protect the Potable Water supply, shall require the appropriate Backflow Assembly be installed at owner’s expense. (4) BPATs may test, conduct maintenance upon, and repair Assemblies on Firelines only if they are a full time employee of a state Approved Fire Sprinkler Company and are recognized by the Town. (b) Residential All new fire protection systems which utilize the Town’s Potable Water supply shall have installed an Approved Backflow Prevention Assembly, as specified by the Town as required by the adopted plumbing code. Page 11 2/22/2017 As required in 19-903(i) above, an approved DCDA or RPDA shall be the minimum protection for fire sprinkler systems. A RPDA must be installed if any solution other than Potable Water can be introduced into the sprinkler system. Residential fire protection systems shall be tested each year and certified to be in good working condition. (1) It is the responsibility of all property owners and persons in charge of any Premises to abide by the conditions of this Ordinance. In the event of any changes to the plumbing system, which would require a permit, it is the responsibility of the property owners to deliver a copy of said permit to the Town who may require that a DCDA or RPDA be installed in the event the system does not have one. All costs associated with this Ordinance and the purchase, installation, testing and repair of a DCDA or RPDA device is the responsibility of the property owner and persons in charge of any Premises. Only Fireline Testers registered with the Town are authorized to test DCDA or RPDA on Firelines. A company with a residential fire sprinkler company license may offer to, or engage in the planning, installation, repair, alteration, maintenance, service, sale, inspection, or advertisement of fire sprinkler systems for any Residential Use. (2) Upon the approved installation of the DCDA or RPDA device, a Cross- Connection test report completed by a Fireline Tester shall be sent to the attention of the Town and include the information required by this Ordinance. (3) Retrofitting of existing systems with DCDA or RPDA without having met any of the requirements of paragraph (1) above shall be required when the water supply in a certain area has been Contaminated and the fire protection system is suspected to have contributed to that contamination. The Town, in order to protect the Potable Water supply, shall require the appropriate Backflow Assembly be installed at owner’s expense. (4) BPATs may test, conduct maintenance upon, and repair Assemblies on Firelines only if they are a full time employee of a state Approved Fire Sprinkler Company and are recognized by the Town. Section 94.5XX. Fire hydrant protection A Double Check shall be the minimum protection for fire hydrant water meters which are being used on a temporary water supply connection during any construction or other activity which would pose a potential Hazard to the public water supply. There shall be a rental deposit fee for fire hydrant water meters with Backflow Prevention Devices as established in Section 94-XX Cross-Connection Control and Prevention Fees below. Any remaining deposit will be refunded when the meter is returned after fees and damage cost have been assessed and recovered. Page 12 2/22/2017 (a) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this Ordinance. All fire hydrant water meter rentals shall meet the current requirements as provided for by the Town. (b) Only fire hydrant water meters supplied by the Town, with approved Backflow Prevention Assemblies, are allowed to be used within the Town limits. (c) A deposit fee per Section 94-XX Cross-Connection Control and Prevention Fees is required to ensure the return of all water meters and Backflow Prevention Assemblies to the Town. Failure to return an assembly will result in the forfeiture of the deposit and enforcement action being taken against the responsible party, as allowed for in Section 94-XX Enforcement below. Upon review and approval, the deposit fee may be waived by the Town for non-profit organizations. (d) All non-approved fire hydrant meters which are found to be in use on the Town’s public water system will be confiscated and enforcement action taken against the responsible party. (e) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to ensure that the device is returned for annual testing as required by Section 94-XX Testing of Assemblies below. (f) A Town test report must be completed by a recognized BPAT for each assembly tested. The signed and dated original must be submitted to the Town for recordkeeping purposes. (g) Failure to submit an annual test report can result in enforcement action being taken against the responsible party, as allowed for in in Section 94-XX Enforcement. Section 94.6XX. Mobile units The connection of a Mobile Unit to any Potable Water system is prohibited unless such connection is protected by an Air Gap or an Approved Backflow Prevention Assembly. Prior approval of any Backflow Prevention Assembly must be received from the Town before connecting a Mobile Unit to any Potable Water system, with assembly testing required annually thereafter. Section 94.7XX. Building code As a condition of water service, a customer shall install, maintain, and operate the customer’s piping and plumbing systems in accordance with the Adopted Code provisions Page 13 2/22/2017 of the Town. In the event of a conflict between this Section and the currently Adopted Code, the more restrictive provision shall apply. Section 94.8XX. Thermal expansion Problems may arise when a pressure reducing valve, check valve, double check valve assembly or a reduced pressure principle assembly is installed that prevents water from expanding into the Town water supply. The increase in pressure from Thermal Expansion in a closed system without proper release valves can result in damage to plumbing fixtures such as broken pipes, leaky taps, relief line leaks, or a damaged or leaking water heater. In cases of a severe increase in water pressure serious damage to items such as water heaters, could occur resulting in a safety Hazard. The current adopted plumbing codes require that water heater Thermal Expansion be addressed in plumbing systems, both commercial and residential. It shall be the responsibility of the Premises owner to eliminate the possibility of Thermal Expansion, if a closed system has been created by the installation of a Backflow Assembly. Section 94.9XX. Pressure loss Any decrease or loss of pressure in the water system caused by the installation of a Backflow Assembly shall be the responsibility of the Premises owner and not the Town. Section 94.10XX. Compliance for landscape irrigation (a) For all landscape irrigation system installations, a permit shall be required. Such permit shall be issued by the Town. Installation requirements must comply with the current Town building codes or guidelines for appropriate Backflow Prevention Assembly found in this Ordinance. (b) Any irrigation system connected to a public or private Potable Water supply must be connected in accordance with applicable code(s) adopted by the Town. Backflow prevention devices must be Nationally Approved or Recognized and must be installed in accordance with the certifying organization’s and manufacturer’s adopted procedures. (c) Backflow Prevention Assembly used in applications designated as Health Hazards must be tested upon installation and annually thereafter. Before any chemical is added to an irrigation system connected to any Potable Water supply, the irrigation system must be connected through a Reduced Pressure Principle Backflow Prevention Assembly or Air Gap. Page 14 2/22/2017 (d) Connection of any additional water source to an irrigation system that is connected to the Potable Water supply may only be made if the irrigation system is connected to the Potable Water supply through a RP or an Air Gap. (e) If an irrigation system is connected to a Potable Water supply and requires major maintenance, alteration, repair, or service, the system must be connected to the Potable Water supply through an approved, properly installed backflow prevention method as defined in this Ordinance before any major maintenance, alteration, repair, or service is performed. (f) The Irrigator shall ensure the backflow prevention device is tested prior to being placed in service and the test results provided to the Town. Section 94.11XX. Auxiliary water systems If interconnected with the Potable Water supply system, a Backflow Prevention Assembly must be installed to prevent Auxiliary Water from entering the potable system. All piping that contains Auxiliary Water must be labeled (AUXILIARY WATER – DO NOT DRINK) and an Air Gap or reduced pressure principle backflow assembly be installed to protect the Potable Water system. Prior to being connected to the Potable Water system, all auxiliary water systems must be reviewed, inspected and approved by the Town. Section 94.12XX. Residential service connections A residential premise that has been determined to have an actual or potential Cross- Connection shall be retrofitted with a Backflow Prevention Assembly installed in accordance with this Ordinance. The device may be required to be installed either at the customer meter or at the point of use at the expense of the owner and shall conform to the device testing requirements as provided in this Ordinance. Section 94.13XX. Interconnections No physical connection between the distribution portion of a public drinking water supply system and that of any other public water supply system shall be allowed unless the other water supply system is safe, provides potable quality water and the interconnection is approved by the Town. Section 94.14XX. Multiple connections Any Premises requiring multiple Service Connections for adequacy of supply and/or fire protection shall have a Backflow Assembly installed on each Service Connection. Each assembly shall be commensurate with the degree of potential Hazard that could occur in the event of an interconnect between any of the buildings on the Premises. If there is Page 15 2/22/2017 an Adequate Internal Cross-Connection Control Program in effect, additional backflow protection at the water service entrance or meter may not be required. Section 94.15XX. TCEQ Customer Service Inspection (CSI) Before the Town provides continuous or permanent water service to a premise, a TCEQ Customer Service Inspection (CSI) shall be completed. A Town Customer Service Inspection form must be completed and filed with the Town when the following circumstances occur: (a) New construction; or, (b) Material improvement, correction, or addition to a Private W ater Distribution System that requires a permit or involves a major modification to the Private Water Distribution System; or, (c) When the Town has reason to believe that a Cross-Connection or other potential Health or System Hazard exists. In these cases, the Town shall notify the customer to provide justification to the customer for requiring an inspection by specifically identifying the threat that is believed to exist. Failure to submit a completed Customer Service Inspection may result in denial or termination of water service. Section 94.16XX. Certification of Customer Service Inspection (CSI) The Town will conduct or cause to be conducted Customer Service Inspection at all premises connected to the Town’s Public W ater Supply system either by a TCEQ licensed Customer Service Inspector or a qualified contractor employed by the Town. Page 16 2/22/2017 Section 94.17XX. Certification of Backflow Prevention Assembly Testers (a) All contract backflow assembly Testers operating within the Town shall register with and obtain a license to test backflow Assemblies from the Town. (b) An applicant for registration shall: (1) Demonstrate that the applicant has available the necessary tools and equipment to properly test backflow prevention Assemblies; (2) Identify all test gauges the applicant will use in testing backflow prevention Assemblies. Gauges used in the testing of backflow prevention Assemblies shall be tested for accuracy annually in accordance with the University of Southern California’s Manual of Cross-Connection Control or the American Water Works Association Recommended Practice for Backflow Prevention and Cross-connection Control (Manual M14). The Town shall require Testers to include test gauge serial numbers on “Test and Maintenance” report forms and ensure Testers have gauges tested for accuracy; and (3) Provide proof of approved certification or licensing recognized by the Town; and (4) Pay a non-refundable registration fee in accordance with Section 94-XX Cross-Connection Control and Prevention Fees. (c) Contract backflow assembly Tester registrations and licenses shall expire on the last day of each calendar year. Section 94.18XX. Certified Backflow Prevention Assembly Tester responsibilities (a) A registered BPAT shall: (1) Record the serial number of each of the Tester’s test kits with the Town; and, (2) Have each recorded test kit gauge tested annually for accuracy in accordance with 94-XX above and calibrated to maintain a plus or minus 2% accuracy factor; and, (3) Test each Backflow Prevention Assembly in such a manner as to allow the Tester to provide an accurate certification of the condition of the Backflow Prevention Assembly; and, Page 17 2/22/2017 (4) Complete a Town Backflow Prevention Assembly test report form for each assembly tested and submit the dated original to the Town; and, (5) Not alter or allow to be altered the design or operating characteristics of a Backflow Prevention Assembly. (b) After notice and hearing, the Town may revoke a registration if the Town finds that the Tester: (1) Has made false, incomplete, or inaccurate assembly testing reports; or, (2) Has used inaccurate gauges; or, (3) Has used improper testing procedures; or, (4) Has failed to register the serial numbers of the Tester’s test kits or has failed to calibrate gauges annually; or, (5) Has violated any other provision of this Ordinance; and (6) Town upon notice that inappropriate testing activities have taken place elects to exercise discretion in revoking a BPAT registration. Section 94.19XX. Fees There shall be an annual testing registration fee for each separate Backflow Assembly identified for a property as defined in Section 94-XX Cross-Connection Control and Prevention Fees. This fee applies to, but is not limited to; all newly installed backflow Assemblies. If upon inspection or testing of a newly installed Backflow Prevention Assembly, the assembly is deemed not to be working properly, it is the responsibility of the property owner or person in charge of any Premises to make payment for retest fees assessed for each retest. Section 94.20XX. Testing of assemblies (a) All backflow Assemblies required to be installed as a condition of this ordinance shall be tested upon installation and certified to be operating within specifications of manufacturer’s guidelines. (b) All backflow prevention Assemblies installed to provide protection against a Health Hazard shall be inspected, tested and certified to be operating within specifications of manufacturer’s guidelines: (1) a minimum of once a year or as required by the Town; and, Page 18 2/22/2017 (2) immediately after repair; and, (3) when Premises has been vacated and unoccupied for one year, prior to re-occupancy; and (4) whenever the assembly is moved. (c) All assembly testing shall be performed by a certified BPAT, licensed by the Town. (d) Duly authorized employees of the Town bearing proper credentials and identification are entitled to enter any public or private property for the purpose of enforcing this Ordinance. Persons and occupants of the property which are provided water service by the Town, either directly or indirectly, shall after receiving sufficient notice allow the Town or its representative ready access at all reasonable times to all parts of the property for the purpose of inspection, testing, records examination, or in the performance of their duties. When persons or occupants of the property have security measures in force which would require proper identification and clearance before entry into the property, the persons and occupants of the property shall make necessary arrangements with their security personnel so that, upon presentation of suitable identification, personnel from the Town will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (e) The Town shall not be liable for damage to an assembly that occurs during testing. (f) A Cross-Connection Control Survey may be conducted on any Premises located in the Town which is served by a public water supply or which provides water to the public. Upon determination that the Premises fall under the provisions of this Ordinance and requires a Backflow Prevention Assembly, a notice to abate the condition or to install the proper Backflow Prevention Assembly shall be issued. (g) It is the responsibility of the person who owns or controls property to have all Assemblies tested in accordance with this Ordinance. Assemblies may be required to be tested more frequently if the Town deems it necessary. (h) All results from assembly testing by approved BPAT shall be reported in a format designated by the Town. Section 94.21XX. Maintenance of assemblies Page 19 2/22/2017 A person who owns, operates, or manages Premises in which a required Backflow Prevention Assembly is installed shall maintain the assembly in proper working order at all times. The maintenance and repair of all Assemblies shall be done in accordance with the applicable regulations of the Town and this Ordinance. A Backflow Prevention Assembly shall be maintained in a manner that allows the assembly to be tested by an appropriate method described in this Ordinance. Section 94.22XX. Installation requirements for backflow prevention assemblies All backflow prevention Assemblies shall be installed in accordance with the following requirements: (a) General – to ensure proper operation and accessibility of all backflow prevention Assemblies, the following national guideline requirements shall apply to the installation of these Assemblies. (1) A Backflow Prevention Assembly shall be installed in accordance with the current TCEQ rules, the adopted plumbing code and this Ordinance. (2) The assembly installer shall obtain the required permits from the Town prior to installation and shall have the assembly inspected by the Town after its installation and prior to placing the assembly into service. (3) At Premises where a Backflow Prevention Assembly is required to be installed at the service connection of the water supply, the assembly must be located before any branch in the Private Water Distribution System line, and on private property located just inside the boundary between the Town’s right-of-way and the landowner’s property. The Town may authorize other areas for installation of the assembly. Assemblies that must be installed or are located on Town rights-of-way are the responsibility of the business or entity that the water line is serving in accordance with Section 94-XX Right-of-Way Encroachment below. (4) The Assembly shall be protected from freezing and other severe weather conditions. (5) All Backflow Prevention Assemblies shall be of a type and model approved by the Town. (6) All vertical installations of Backflow Prevention Assemblies shall be approved in writing by the Town prior to installation. (7) All Assemblies installed more than four (4) feet above floor level must have a suitable platform for use by testing or maintenance personnel. Page 20 2/22/2017 (8) Upon completion of the installation, the Town shall be notified and all Assemblies must be inspected and tested. The Premises owner shall register all Backflow Assemblies with the Town by providing the date of installation, the manufacturer, model and serial number of the Backflow Prevention Assembly, and the initial test report for the assembly. (9) The owner of the Premises assumes all responsibility for any damages resulting from installation, operation, and maintenance of a Backflow Assembly. The owner shall also ensure that any vault in which a Backflow Prevention Assembly is contained is kept free of silt and debris that may interfere with the proper operation, inspection or testing of the assembly. (10) Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (11) Bypass lines are prohibited. Pipefittings which could be used for connecting a bypass line are not allowed. (12) Premises where an uninterrupted water supply is critical shall have two Assemblies installed in parallel, or some other arrangement as approved by the Town. They should be sized in such a manner that either assembly will provide the maximum flow required. (13) All facilities that require continuous, uninterrupted water service and are required to have a Backflow Assembly must make provisions for the parallel installation of Assemblies of the same type so that testing, repair and maintenance can be performed. (14) All backflow prevention Assemblies must be tested in accordance with this Ordinance. Tests are the responsibility of the assembly owner. (b) Reduced pressure principle backflow prevention assemblies – (RPs) may be utilized at any Premises where a substance is handled that could be hazardous to the public health if introduced into the Potable Water system. The RP is normally used in locations where an Air Gap is impractical. The RP shall be effective against both Backsiphonage and Backpressure. (1) RPs must be sized to provide an adequate supply of water and pressure for the Premises being served. (2) No part of a Reduced Pressure Principle Backflow Prevention Assembly shall be submerged in water or installed in a location subject to flooding. (3) RPs are typically installed above grade in well drained areas. Page 21 2/22/2017 (4) The assembly must be readily accessible for testing and maintenance and shall be located in an area where water damage to buildings or furnishings will not occur from relief valve discharge. The property owner assumes all responsibility for any damage caused by water discharge from an RP assembly. An approved Air Gap shall be located at the relief valve orifice of RP assemblies. The Air Gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than one (1) inch. (5) All RP assemblies larger than two (2) inches shall have a minimum of twelve (12) inches clearance on the back side, twenty-four (24) inches clearance on the test cock side, and the relief valve opening shall be at least twelve (12) inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty-four (24) inches square is required on all vault lids. All RP assemblies two (2) inches and smaller shall have at least a six (6) inch clearance on all sides. (6) Enclosures shall be designed for ready access and sized to allow for the minimum clearances established above. Removable protective enclosures are typically installed on the smaller Assemblies. Boresight to Daylight drain ports must be provided to accommodate full pressure discharge from the assembly. (7) Variances from these specifications will be evaluated on a case-by-case basis. No deviations from this section shall be permitted without prior written approval of the Town. (c) Reduced pressure principle detector backflow prevention assemblies (RPDAs) may be utilized in all installations requiring a Reduced Pressure Principle Backflow Prevention Assembly and detector metering. (1) RPDAs shall comply with the installation requirements applicable for reduced pressure principle backflow assemblies (RP). (2) The line-size RP assembly and the bypass RP assembly must each be tested. A separate test report for each assembly must be completed by the certified Tester. (d) Double Check Valve Backflow Prevention Assemblies (DCs) may be utilized at Premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the Potable Water system. Page 22 2/22/2017 (1) DCs must be sized to provide an adequate supply of water and pressure for the Premises being served. (2) If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. (3) All facilities that require continuous, uninterrupted water service and are required to have a Backflow Assembly must make provisions for the parallel installation of Assemblies of the same type so that testing, repair and maintenance can be performed. (4) Premises where an uninterrupted water supply is critical shall have two Assemblies installed in parallel, or some other arrangement as approved by the Town. They should be sized in such a manner that either assembly will provide the maximum flow required. (5) Bypass lines are prohibited. Pipe fittings that could be used for connecting a bypass line shall not be installed. (6) The assembly shall be readily accessible with adequate room for testing and maintenance. DCs may be installed below grade provided all test cocks are fitted with brass pipe plugs. All vaults containing a DC shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. (7) DC assemblies two (2) inches and smaller shall have at least a three (3) inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than twenty four (24) inches below grade. All DC assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty four (24) inches on the test cock side, and twelve (12) inches below the assembly. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty four (24) inches is required on all vault lids. (8) Vertical installations are allowed on sizes up to and including four (4) inches that meet the following requirements: a. The DC assembly shall contain internally spring-loaded check valves; and, b. flow is upward through assembly; and, c. the assembly manufacturer specifies that the assembly can be used in a vertical position; and, Page 23 2/22/2017 d. the Town authorizes the vertical installation of the DC assembly. (9) Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the Town. (e) Double Check Detector Valve Assembly (DCDAs) may be utilized in any installation as required by the current Adopted Code where a double check valve assembly and detector metering are required. (1) DCDAs shall comply with the installation requirements per the current Adopted Code applicable for double check valve assemblies (DC). (2) The line-size DC assembly and the bypass DC assembly must each be tested using the methods and frequencies specified in this Ordinance for all assemblies. A separate test report for each assembly must be completed by the certified Tester. (f) Pressure Vacuum Breaker Assembly (PVBs) may be utilized at point-of-use protection as approved by current Adopted Code. PVBs shall not be installed where there is potential for Backpressure. (1) The assembly shall be installed a minimum of twelve (12) inches above the highest use outlet or overflow level downstream from the assembly. (2) A PVB shall not be installed in an area subject to flooding or where damage could occur from water discharge. (3) The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches all around the assembly. PVBs shall be located between twelve (12) inches and sixty (60) inches above ground level. (4) Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the Town. (g) Atmospheric Vacuum Breakers (AVBs) may be utilized at point-of-use as approved by the current Adopted Code. AVBs may only be used in Non-Health Hazard applications. AVBs are prohibited where there is potential for Backpressure. (1) The AVB assembly shall be installed a minimum of six (6) inches above the highest use outlet or overflow level downstream from the assembly. (2) Shutoff valves downstream from the assembly are prohibited. Page 24 2/22/2017 (3) An AVB shall be not be used on any application where there is more than twelve (12) hours per day continuous use. (4) An AVB shall not be installed in an area subject to flooding or where damage may occur from water discharge. (5) AVBs shall be allowed for point-of-use protection only, in accordance with the current Town’s Building Code. (h) Air gap separation shall be utilized at all locations where Health Hazards exist and have the potential to Contaminate the Potable Water system. (1) An Air Gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than one (1) inch. If splashing may occur, tubular screens may be attached or the supply line may be cut at a 45° angle. The Air Gap distance shall be measured from the bottom of the angle. Hoses shall not be allowed. (2) Air gap separations shall not be altered in any way without prior approval from the Town and must be available for inspection at all reasonable times. (3) The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing which feeds the assembly or outlet. If two or more lines supply one outlet, the effective opening shall be the sum of the cross-connectional areas of the individual supply lines or the area of the single outlet, which is smaller. Section 94.23XX. Right-of-way encroachment (a) No person shall install or maintain a Backflow Prevention Assembly upon or within any public right-of-way or easement except as allowed by this section. (b) The Town may grant with written authorization, a permit to install a Backflow Prevention Assembly required by this Ordinance upon or within the public right- of-way or easement only if the owner can demonstrate to the Town that there is no other feasible location for installing the assembly, and that installing it in the right-of-way or easement will not interfere with traffic, utilities or any other public use of the right-of-way or easement and obtains a permit from the Town. The Town retains the right to approve the location, height, depth, enclosure and other requisites of the assembly prior to its installation. Page 25 2/22/2017 (c) All permits and inspections required by the Town’s Code of Ordinances to perform work in the right-of-way or easement shall be obtained. (d) The assembly shall be installed above grade except as allowed after review and approval of the Town. (e) The owner of a Backflow Prevention Assembly that has been installed upon or within a public right-of-way or public easement as provided by this section shall, at the request of the Town and at the owner's sole expense, relocate the assembly when such relocation is necessary for street or utility construction or repairs or for purposes of public safety or convenience. (f) The Town shall not be liable for any damage done to or caused by an assembly installed in the right-of-way or in a public easement and shall require a license agreement with owner to be located within said rights-of-way. (g) Failure to relocate a Backflow Prevention Assembly located in or upon any public right-of-way or public easement after receiving a written notice from the Town is subject to enforcement actions unless an alternative has been approved by the Town that allows the use of public right-of-way or easement to be abandoned. Section 94.24XX. Emergency suspension of utility service (a) The Town may, without prior notice, suspend water service to any Premises when such suspension is necessary to prevent or stop an actual or threatened backflow which: (1) presents or may present imminent and substantial danger to the environment or to the health or welfare of any person; or (2) presents or may present imminent and substantial danger to the Town’s public water supply. (b) After suspension of service, the Town shall have the customer of the suspension notified in person or by certified mail, return receipt requested, and shall order such person to correct the Cross-Connection that allowed or threatened a backflow to occur. (c) The Town shall not authorize a reinstatement of suspended water service until: (1) The customer presents proof, satisfactory to the Town, that the Cross- Connection has been eliminated; Page 26 2/22/2017 (2) The customer pays the Town for all costs the Town incurred in responding to the backflow or threatened backflow; and (3) The customer pays the Town for all costs the Town will incur to reinstate service. (d) A customer whose service has been suspended may appeal such suspension to the Town, in writing, within ten business days of notice of the suspension. (e) A person commits an offense if the person, without the prior written approval of the Town, reinstates Potable Water service to Premises for which water service has been suspended pursuant to this section. Section 94.25XX. Non-emergency termination of water supply (a) The Town may terminate, after written notice and opportunity for a hearing, the Potable Water service of any customer who: (1) Fails or refuses to install a reduced pressure principle assembly when required by this Ordinance; (2) Fails or refuses to install and maintain Backflow Prevention Assemblies in compliance with this Ordinance; or (3) Fails or refuses to install, maintain, and operate the customer's piping and plumbing systems in accordance with the current adopted Town’s Building Code. (b) The Town shall notify the customer of the proposed termination of water service at least ten business days before the proposed termination. The customer may request a hearing on the proposed termination by filing a written request for a hearing with the Town not more than ten days after receipt of notice of the proposed termination. (c) If Potable Water service is terminated, the Town shall not reinstate water service until: (1) The customer presents proof, satisfactory to the Town, that the backflow condition has been eliminated and its cause determined and corrected; and (2) The customer pays the Town for all costs the Town will incur in reinstating service. Section 94.26XX. Enforcement Commented [j2]: With whom? Page 27 2/22/2017 (a) This Ordinance shall be enforced by the Town or the Town’s designated representatives. (b) Violations (1) A person commits an offense if there is failure to maintain backflow prevention Assemblies in compliance with this Ordinance. (2) A person commits an offense if there is failure to comply with a repair order issued by the Town. (3) A person commits an offense if backflow from Premises owned, operated or managed by the person enters the public water supply system. (4) A person commits an offense if there is a failure to pay any fees required by this Ordinance. (5) A person commits an offense by violating any section of this Ordinance. (6) A person commits an offense if discontinued or disconnected water service to Premises under this Ordinance is reinstated except as directed by the Town. (7) A person in charge of any facility commits an offense by allowing an unregistered Tester to perform testing work at their establishment. (8) A person commits an offense by testing a Backflow Prevention Assembly within the Town without being registered with the Town. (9) Using non-approved fire hydrant meters. (10) A person commits an offense if they are testing Fireline Backflow Assemblies without the proper license as stated in the Texas Department of Insurance Fire Sprinkler registration requirements, or have failed to register with the Town. (c) Penalty (1) In addition to proceeding under the authority of this section, the Town is entitled to pursue all other criminal and civil remedies to which is entitled under authority of statutes or other Ordinances against a person committing any violation of this Ordinance including injunction and civil penalties as allowed under state law. Commented [j3]: ? Page 28 2/22/2017 (2) Civil penalties. The Town may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities. Including the cost of any actual damages incurred by the Town. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (3) Criminal penalties. Any person convicted of violating the provisions of this Ordinance or of failing to comply with the rules and regulations enacted pursuant to this Ordinance shall be punished by a monetary fine in an amount of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750) or by imprisonment for a period not to exceed ninety (90) days for each violation or failure to comply, or by both such fine and imprisonment. Each day that a violation or failure to comply exists shall constitute a separate and distinct offense, and any one (1) or more of such offenses may be set out in any citation, complaint or information filed. (4) Stop work or other administrative penalties. Whenever the Town finds any work regulated by this ordinance being performed in a manner either contrary to the provisions of this ordinance or dangerous or unsafe, the Town is authorized to issue a stop work order. The stop work order shall be in writing and given to the owner of the property involved, the owner’s agent, or the person doing the work. Upon issuance of a stop work order, the cited work shall cease immediately. The order shall state the reasons for its issuance and the conditions under which cited work will be permitted to resume. Failure to abide by the stop work order may result in the imposition of criminal and civil penalties prescribed in this ordinance. (5) Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or who falsifies, tampers with or knowingly renders inaccurate any Backflow Prevention Assembly required under this Ordinance shall, upon conviction, be punished as provided in this section. (6) Remedies nonexclusive. The Town reserves the right to take any, all or any combination of these actions against a noncompliant user. The Town reserves the right to take other action against any user when the circumstances warrant. Further, the Town is empowered to take more Commented [j4]: ? Page 29 2/22/2017 than one enforcement action against any noncompliant user. These actions may be taken concurrently. (d) Sanction for failure to pay inspection fees. In addition to sanctions provided for by this Ordinance, the Town is entitled to exercise sanctions provided for by other Ordinances in the Town code. (e) A certified Tester’s registration may be revoked by the Town if the Town determines that the Tester: (1) Has falsely, incompletely, or inaccurately completed and submitted assembly reports; (2) Has knowingly used inaccurate gauges; (3) Has used improper testing procedures; or (4) Has created a threat to public health or the environment. Section 94.27XX. Cross-connection control and prevention fees The following fees are hereby established and adopted: (1) Town Testing Fee The fee for a Backflow Prevention Assembly test The fee for a Backflow Prevention Assembly retest. Page 30 2/22/2017 (2) Certified Backflow Prevention Assembly Tester Registration Fee Annual registration fee for approved Testers shall be a non-refundable fee . (3) Annual Device Registration Fee An annual Backflow Assembly registration fee) per each Backflow Prevention Assembly. Annual notice letters will be sent to customers notifying them of the annual testing requirements of their Assemblies. (4) Deposit Fee for Fire Hydrant Water Meter With Backflow Prevention Assembly: There shall be a refundable rental deposit fee for fire hydrant water meters with backflow prevention devices. The deposit will be refunded when the meter is returned and fees and damage cost have been assessed and recovered. Commented [j5]: Byron – I would like to discuss this with you. Commented [j6]: Fee section needs to be revised. This Ord will create a fee, but we will place the fee amount in our FEES and USES Table and amned it by Resolution. Development Snapshot January 2017 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 1 170 114 114 377 377 170 170 114 6 5 2 3 4 MAP GUIDE 1. Primrose School Entrada 26 Arta Drive 2. Terra Bella Residential Development 3. Carlyle Court Residential Development 4. Quail Hollow Residential Development 5. Granada Residential Development 6. Project Blizzard/Schwab Campus Mixed-Use Development 7. Solana Parking Garage Addition Two Parking Garages January 2017 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER ROAD LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal 7 Development Activities Map Table Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete1 Estimated Completion 1 Primrose School Commercial N/A 12,100 s.f. Under construction N/A Spring 2017 2 Terra Bella Residential 28 54.7 acres 22/28 lots currently developed or under construction 62.50% N/A 3 Carlyle Court Residential 8 10.2 acres 4/8 lots under construction 25% N/A 4 Quail Hollow Residential 92 188 acres Phase I and IIA infrastructure complete. Building permits expected soon. 0.00% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 30/41 lots currently developed or under construction. 48.78% N/A Granada Phase II 43 Phase II infrastructure complete. Building permits expected soon. 0.00% Project Blizzard Mix-Use N/A 73.1 acres Preliminary utility work under construction. Dam/Lake hydrology improvements under construction N/A N/A 6 Schwab Campus Office N/A 81 acres Concept plan and site plan expected to be submitted Spring 2017. Developer aiming for a July 2017 start date N/A N/A 7 Solana Parking Garage Addition Office 1,126 spaces 10.32 acres Elevator work and landscaping are outstanding items. 95% February 2017 1 % Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s Wਅਓਔ਌ਁ਋ਅ Hਏ਌਄ਓ Fਉ਒ਓਔ Bਕਉ਌਄ਅ਒ ਁ਎਄ Dਅਖਅ਌ਏਐਅ਒ Oਐਅ਎ Hਏਕਓਅ On January 17, 2017 the Town of Westlake conducted a build-er and developer open house at Westlake Town Hall. The purpose of the event was to introduce Town development staff to the Westlake development community and to discuss building code and other procedural updates . All members of the development community were invited including contrac-tors, builders, property managers and anyone else that may be interested. Approximately 40 people aƩended the event, which consisted of a 20 minute introducƟon and presenta-Ɵon by Town staff followed by a quesƟon and answer ses-sion and a staff meet and greet. The open house opened a new communicaƟons window with the development com-munity and staff envisions that similar events will take place at least twice per year as the community conƟnues to see new development acƟvity. IN THE NEWS Key Map ID Approved Site Plans / Building Elevations Plat Status Status of Public Improvements Building Permit Status 1 CVS Pharmacy (Ord. 762)Block N, Lot 3 90% complete; not accepted Issued; Under Temp C of O 2 Primrose School (Ord. 763)Block M, Lot 2 90% complete; not accepted Issued; Under construction 3 Retail Corner (Ord. 771)Blocks O and A substantially incomplete - not accepted Foundation only permits* under review 4 Ampitheater (Ord. 777)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 5 Gas Pad Parking (Ord. 778)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 6 Restaurant ROW (Ord. 779)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 7 Residential Villas (Ord. 783)Block J substantially incomplete - not accepted not issued** 8 Residential Townhomes (Ord. 795)Block I substantially incomplete - not accepted not issued** Key Map ID Unapproved Site Plans Plat Status Status of Public Improvements Building Permit Status 9 Single Family Residential (Block D, E, F, H)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 10 Hotel Plaza (Block C)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 11 Chapel, Town Hall & Parking Garage Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued*** Key Map ID Unapproved Site Plans Plat Status Status of Public Improvements Building Permit Status 12 Unspecified Residential / Commercial Units Lot 1, Block B (not replatted)#construction not apporoved not issued**** ** Building permits cannot be issued until all Phase One public improvements are accepted *** A foundation only permit is issued for the chapel. All other building permits cannot be issued until site plans are approved and all Phase One public improvements are accepted. **** No developer's agreement exists for phase 2. Building permits cannot be issued until site plans are approved and all Phase One public improvements are accepted. Entrada Phase One - Construction Status (as of 1/23/2017) Entrada Phase Two - Construction Status (as of 1/20/2017) * Foundation only permit requested by developer. Plans under review # replat required for compliance with preliminary plat and development plan Entrada Development Status Report - 1/23/2017 Town of Westlake Page 1 of 4 Planning and Development Dept. 1 3 4 5 9 10 11 12 2 7 8 6 Approved Entrada Development Plan ConstrucƟon / Approval Status Key Map—as of 1/23/2017 Entrada Development Status Report - 1/23/2017Town of WestlakePage 2 of 4Planning and Development Dept. Event Description Ordinance / Resolution Approval Date Initial Zoning Approved Ordinance 703 Monday, April 22, 2013 Economic Development Agreement Approved Resolution 13-17 Monday, April 22, 2013 Development Plan Approved Ordinance 720 Monday, October 28, 2013 Preliminary Plat Approved Resolution 13-32 Monday, October 28, 2013 Phase 1 Development Agreement Approved Resolution 13-34 Monday, October 28, 2013 Solana Public Improvement District Created Resolution 14-07 Monday, February 24, 2014 Amendment One to Economic Development Agreement Approved Resolution 14-46 Monday, December 15, 2014 Amendment Two to Economic Development Agreement Approved Resolution 15-02 Thursday, January 15, 2015 Phase One Public Improvements Construction Begins n/a Sunday, March 1, 2015 Initial Final Plat Approved Ordinance 761 Monday, December 14, 2015 Design Guidelines Approved Ordinance 760 Monday, December 14, 2015 Master Landscape, Lighting and Paving Plan Approved Ordinance 759 Monday, December 14, 2015 Amendment One to Ph. 1 Development Agreement Approved Resolution 15-35 Monday, December 14, 2015 CVS Pharmacy Site Plan & Building Elevations Apprved Ordinance 762 Monday, December 14, 2015 Primrose School Site Plan & Building Elevations Approved Ordinance 763 Monday, December 14, 2015 CVS Building Permit Issued*n/a Thursday, January 14, 2016 Retail Corner Site Plan & Building Elevations Approved Ordinance 771 Monday, February 22, 2016 Ampitheater Site Plan & Building Elevations Approved Ordinance 777 Monday, March 28, 2016 Gas Pad Parking Site Plan & Building Elevations Approved Ordinance 778 Monday, March 28, 2016 Restaurant ROW Site Plan & Building Elevations Approved Ordinance 779 Monday, March 28, 2016 Residential Villas Site Plan & Building Elevations Approved Ordinance 783 Monday, April 25, 2016 Primrose Building Permit Issued*n/a Tuesday, July 26, 2016 Residential Townhomes Site Plan & Building Elevations Approved Ordinance 795 Monday, September 19, 2016 CVS Temporary C of O Issued n/a Friday, October 28, 2016 Phase One Public Improvements Construction Projected Completion**n/a Thursday, July 27, 2017 *Permits Issued prior to acceptance of public imrpovements **According to developer's projection Entrada Development Chronology - as of 1/23/2017 NOTE: Phase Two agreements, replats, site plans and construction have not been not been approved as of 1/23/2017 Entrada Development Status Report - 1/23/2017 Town of Westlake Page 3 of 4 Planning and Development Dept. PD Zoning and Concept Plan Approved PD Development Plan Approved (Split into 2 phases) PD Site Plan(s)  Approved Preliminary/Final Plats Approved (Final plats further divid-ed as individual replats) Public Improvements Accepted by Town Building Permits Approved 1 2 3 4 C o n s t r u c t I o n o f P u b l I c I m p r o v e m e n t s 5 6 7 Westlake Entrada General Development Process Flow Chart Entrada Development Status Report - 1/23/2017Town of WestlakePage 4 of 4Planning and Development Dept. EXECUTIVE SESSION a. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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: Utility District taxing and service jurisdiction d. 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. 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 Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 7 – Council Recap / Staff Direction Town Council Item # 8 – 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.  Westlake Academy’s 14th Annual Gallery Night; Hosted by the WA Foundation Saturday, March 4, 2017; The Speedway Club at Texas Motor Speedway -For more information about this “All that Glitters” themed event , visit the Foundation’s website or contact Executive Director Dr. Shelly Myers.  Coffee & Conversation with the Mayor/Board President Monday, March 6, 2017; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  WA Board of Trustees Workshop/Meeting Monday, March 6, 2017* Westlake Town Hall, Solana – Council Chamber/Courtroom  Daylight Saving Time Begins - Sunday, March 12, 2017 at 2:00 a.m. (Spring forward one hour Sat. night) -Westlake Fire-EMS personnel wish to remind our citizens to change the batteries in their smoke & carbon monoxide detectors!  Westlake Academy closed for Spring Break Monday, March 13 – Friday, March 17, 2017  Planning & Zoning Meeting; if needed Monday, March 20, 2017* Westlake Town Hall, Solana – Council Chamber/Courtroom  Northwest Metroport’s 6th Annual Alliance Development Forum Friday, March 24, 2017; 11:00 – 1:00 pm The Speedway Club, Texas Motor Speedway -Please contact Ginger to let her know of your attendance plans.  Westlake Historical Marker Dedication Ceremony; Hosted by the WHPS Saturday, March 25, 2017; 2:00 – 3:00 pm Mahotea Boone Trail  Town Council Workshop/Meeting Monday, March 27, 2017* Westlake Town Hall, Solana – Council Chamber/Courtroom SAVE THE DATE… • Northwest Metroport Chamber’s Annual State of the Communities Address – Tuesday, April 6; 11:15 am – 1:00 pm at The Speedway Club, Texas Motor Speedway • MasterWorks Spring Concerts begin - 7:00 pm on Thursday, April 6 and April 20; Solana’s Plaza Courtyard • 18th Annual Arbor Day Celebration – Saturday, April 29; 10 am to 12 noon on the WA Campus *For meeting agendas and details on calendar events, please visit the Town’s website. 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 January 23, 2017, meeting. b. Consider approval of Resolution 17-03, Authorizing the Mayor to enter into a Joint Election Agreement with Denton County to conduct the General Election to be held on May 6, 2017. c. Consider approval of Resolution 17-04, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. d. Consider approval of Resolution 17-05, Authorizing a collection fee for citations issued in the Municipal Court, which are past due and/or delinquent and are placed with an agency for collection recovery e. Consider approval of Resolution 17-06, Authorizing the Town Manger to enter into a contract with Linebarger, Goggan, Blair and Simpson LLP, (LGBS) to provide collection services for the Municipal Court. f. Consider approval of Resolution 17-07, Authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), to utilize Town owned telecommunications conduit (ductbank) within the Entrada mixed-use development. g. Consider approval of Resolution 17-08, Amending Resolution 16-20 by revising the Scope of Services for Mesa Planning in the amount of $26,500 for additional services related to the new Westlake Public Art Plan. h. Consider approval of Resolution 17-09, Adopting a New Public Art Plan. i. Consider approval of Resolution 17-10, Authorizing the Town Manager to execute a contract with RJN, Inc. for $44,683.50 for sanitary sewer evaluation study j. Consider approval of Ordinance 818, Amending Chapter 70, Signs, Section 70-10 Temporary Business Signs. Town Council Item # 4 – Consent Agenda Town Council Minutes 01/23/17 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 23, 2017 PRESENT: Mayor Laura Wheat, Council Members: Carol Langdon, and Rick Rennhack, Wayne Stoltenberg. ABSENT: Michael Barrett and Alesa Belvedere 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, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Development Coordinator/ Management Analyst Joel Enders, Director of Finance Debbie Piper, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Human Resources & Administrative Services Todd Wood, Director of Parks & Recreation Troy Meyer, Building Official Pat Cooke, and Development Intern Nick Ford. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:27 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 01/23/17 Page 2 of 7 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. REPORTS a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2016. Director Piper provided updated copies of the report due to a formula error on the line regarding operating days. Discussion ensued regarding franchise fees and the hotel occupancy rate 5. DISCUSSION ITEMS a. Presentation and discussion on the Utility Rate Study. Director Greenwood provided a presentation and overview of the rate study. Discussion ensued regarding full cost of service, full cost of recovery, deferring the TRA increase over two years, Southlake N-1 sewer payment increase, the effective date of the City of Fort Worth’s increase, residence that is severed by the City of Keller, residences with septic, the customer’s perspective of rates, average usage of the community, residential sewer meters, the number of connections in surrounding communities verses Westlake, calculation of winter averaging, the impact of not implementing the increase and fund balance, usage based on land use plan, communicating the increase to residents, new meters, and residents viewing usage online. b. Standing Item: Presentation and discussion of development projects per Staff December 2016 report and December 2016 Entrada report from the Developer. Director Ruthven provided an overview of the development projects and an overview of the Builder community meeting. He also introduced Building Official Pat Cooke. Discussion ensued regarding the following: Entrada: CVS, Primrose – cladding completed by March, public improvements, proposed condos located around the Plaza Mayor, service and assessment plan based on the Planned Improvement District (PID) and hotels. Town Council Minutes 01/23/17 Page 3 of 7 Mr. Mehrdad Moayedi, Centurion American, provided an overview of Entrada. Discussion ensued regarding the hotel brands, a parking study, proposed condos, status of tenants and restaurants, surface and garage parking, Starbucks, hard hat tours for the public, the completion of paving, and businesses that make economic sense. 6. 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: Land Sale b. Section 551.071(2) – Consultation with City 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: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. d. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and Town owned property 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION No additional direction provided. Town Council Minutes 01/23/17 Page 4 of 7 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:58 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:58 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events. 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the January 9, 2017, meeting. b. Consider approval of the minutes from the December 12, 2016, meeting. c. Consider approval of Ordinance 813, Adopting the 2015 International Building and Fire Codes and related local amendments from the North Central Texas Council of Governments (NCTCOG). d. Consider approval of Ordinance 814, Amending Chapter 38, Sections 38.31 – 38.34, adopting the 2015 International Fire Code. e. Consider approval of Ordinance 815, Amending and Establishing a new Water and Wastewater Rate and Fee Schedule, and repealing Ordinance 757. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Langdon seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 01/23/17 Page 5 of 7 5. DISCUSSION AND CONSIDERATION OF RESOLUTION 17-02, AUTHORIZING STAFF TO ENTER INTO NEGOTIATIONS WITH A CONSTRUCTION MANAGER AT- RISK FOR CONSTRUCTION SERVICES ESTABLISHING A GUARANTEED MAXIMUM PRICE FOR THE FIRE & EMS STATION NO. 1. Director Meyer provided a presentation and overview of the item. Discussion ensued regarding the construction of the building and public forums. MOTION: Council Member Stoltenberg made a motion to approve Resolution 17-02. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 816, APPROVING AMENDMENTS TO ORDINANCE 780, WHICH APPROVED A SPECIFIC USE PERMIT GRANTING PRIVATE STREETS, GATED ACCESS, AND OTHER CONDITIONS FOR THE ESTATES OF QUAIL HOLLOW SUBDIVISION, LOCATED AT THE SOUTHEAST CORNER OF FM 1938 AND DOVE ROAD, IN ORDER TO APPROVE THE ADDITION OF A GUARDHOUSE AND ASSOCIATED ENTRYWAY FEATURES. Coordinator Enders provided a presentation and overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 816. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 817, APPROVING AMENDMENTS TO CHAPTER 102 – ZONING IN THE WESTLAKE CODE OF ORDINANCES IN ORDER TO APPROVE STANDARDS FOR THE TRANSFER OF DEVELOPMENT INTENSITY ALONG WITH OTHER MINOR RELATED AMENDMENTS Director Ruthven and Mr. Robin McCaffrey, Mesa Planning, provided a presentation and overview of the item. Discussion ensued regarding the effectiveness of the ordinance and using it as a development tool. Town Council Minutes 01/23/17 Page 6 of 7 Mayor Wheat opened the public hearing. Joe Schneider, Hillwood Properties, 9800 Hillwood Parkway, Fort Worth, thanked staff and Mesa Planning for their work on the ordinance. He spoke in favor of the ordinance. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 817. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 8. EXECUTIVE SESSION The Council convened into executive session at 7:22 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: Land Sale b. Section 551.071(2) – Consultation with City 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: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. c. 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. d. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and Town owned property 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:55 p.m. Town Council Minutes 01/23/17 Page 7 of 7 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 11. FUTURE AGENDA ITEMS No future agenda items. 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:55 p.m. APPROVED BY THE TOWN COUNCIL ON FEBRUARY 27, 2017. 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, February 27, 2017 TOPIC: Consider approval of Resolution authorizing the Mayor to enter into a Joint Election Agreement with Denton County to conduct the General election to be held on May 6, 2017. 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 Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Encourage Westlake's Unique Sense of Place Strategic Initiative Comprehensive Plan Project Review Time Line - Start Date: January 9, 2017 Completion Date: May 6, 2017 Funding Amount: $400.00 Status - Funded Source - General Fund 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 the Mayor and Council Members. Since 2011 the Town has been required with both Denton and Tarrant Counties to conduct its elections. The Denton County fee is a set fee due to the fact that we only have 3-5 registered voters in the county. The order calling the General Election was passed on January 9, 2017. As outlined in the election order, the term of office for the elected officials is two (2) years. (expiring May 2019). Page 2 of 2 Council terms expire May 2017. Those terms represent Carol Langdon, Wayne Stoltenberg, and Rick Rennhack. RECOMMENDATION Staff recommends approval of the resolution authorizing the Mayor to enter into the Joint Contract. ATTACHMENTS Resolution Contract Resolution 17-03 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-03 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ELECTION AGREEMENT WITH DENTON COUNTY FOR THE GENERAL ELECTION TO BE HELD ON MAY 6, 2017. WHEREAS, the Town of Westlake will conduct a General Election on May 6, 2017; and WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each entity that said elections be held jointly on May 6, 2017; and WHEREAS, the Town of Westlake desires to select the Denton County Elections Administrator to conduct and coordinate the joint elections for the residents of Westlake that live in Denton County; 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: The parties hereto agree to hold an election jointly on May 6, 2017, from 7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said election will be conducted jointly pursuant to the terms of this agreement, attached as Exhibit “A”. SECTION 2: 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 3: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2017. ATTEST: _______________________________ ____________________________ Laura L. Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: _______________________________ Thomas E. Brymer, Town Manager ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-03 Page 2 of 2 Exhibit A THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES Resolution 17-03 Page 1 of 10 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: Insert jurisdictions This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 6, 2017 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 6, 2017. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. Resolution 17-03 Page 2 of 10 At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating authorities shall share a mutual ballot in those polling places where jurisdictions overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Early Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). All Early Voting and Election Day locations shall be located in Denton County. The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for the use of an alternate location. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 6, 2017 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 6, 2017 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 6, 2017 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. Resolution 17-03 Page 3 of 10 The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $9 per hour. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County ($11 an hour for presiding judges, $10 an hour for alternate judges, and $9 an hour for clerks) pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County’s electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. Any additional required materials (required by the Texas Election Code) must be provided by the entity, and delivered to the Elections Office 33 days (April 3, 2017) prior to Election Day. If this deadline is not met, the materials must be delivered by the entity, to all Early Voting and Election Day locations affected, prior to voting commencing. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Said list must be in a W ord document, the information must be in an upper and lower case format, be in an Arial 10 point font, and contain candidate information for the purposes of verifying the pronunciation of each candidate’s name. Each participating authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Resolution 17-03 Page 4 of 10 Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton County’s eSlate electronic voting system. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address for the Denton County Early Voting Clerk is: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 Elections@dentoncounty.com Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots, that are sent by a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 Elections@dentoncounty.com The Elections Administrator shall post on the county website each participating authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the county website no later than 8:00 a.m. each business day. Resolution 17-03 Page 5 of 10 VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. The Elections Administrator shall determine whether a Signature Verification Committee is necessary, and if so, shall appoint the members. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Sections 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Kerry Martin, Deputy Denton County Elections Administrator Presiding Judge: Early Voting Ballot Board Judge Alternate Judge: Early Voting Ballot Board Alternate Judge The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated by posting on the Elections website. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station (if requested) and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct- by-precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, no later than three days after Election Day of the date of the canvass. The Elections Administrator shall prepare and deliver by email to each participating entity, the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside Denton County agrees that the Elections Administrator shall administer only the Denton County portion of those elections. Resolution 17-03 Page 6 of 10 X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 6, 2017 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 10, 2017. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. Resolution 17-03 Page 7 of 10 If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations as provided for by the Texas Election Code, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Denton County, and that do not have an election day polling place or early voting site within their Denton County territory shall pay a flat fee of $400 for election expenses. Election expenses, including but not limited to, overtime charges for Elections Office Staff, and any unforeseen expenses needed to conduct the election, will be borne by the Participating Authority or Authorities, affected. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee, if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. Resolution 17-03 Page 8 of 10 The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. 9. Failure for a participating authority to meet the deadlines as outlined in this contract or on the calendar (Attachment C) may result in additional charges, including but not limited to, overtime charges, etc. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 6, 2017 election (or runoff election, if applicable). The participating authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election. Resolution 17-03 Page 9 of 10 Estimated Political Subdivision Cost Revised 1.12.2017 (9:40 a.m.) Resolution 17-03 Page 10 of 10 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the _____ day of ___________, 2017 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) (3) It has on the ______ day of ___________, 2017 been executed on behalf of the Town of Westlake pursuant to an action of the Town Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ Frank Phillips, CERA ACCEPTED AND AGREED TO BY THE Town of Westlake: APPROVED: ATTESTED: ________________________________ _____________________________________ Laura Wheat, Mayor Kelly Edwards, Town Secretary Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Acceptance of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Maintain Receipt of Various Financial Awards for both Municipal and Academic Services Time Line - Start Date: February 27, 2017 Completion Date: February 27, 2017 Funding Amount: $28,350 Status - Funded Source - Multiple Sources - see comments below Allocated to General Fund, Utility Fund and Visitors Association Fund. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited annually by outside independent accountants. The result of this independent audit is the receipt of an unmodified opinion or “clean” opinion again this year. This means the auditors have found that these financial statements present fairly, in all material respects, the financial position of the Town of Westlake at September 30, 2016. Page 2 of 3 Again this year, we have included the Texas Student Housing (TSH) audited information in our report. Because the Town Council may appoint and/or remove a director of the Texas Student Housing Board, it was determined that TSH should be considered a component unit of the Town. As in previous years, their audits have been prepared assuming they will continue as “going concerns.” The opinion states, “The discretely presented component units are in default on their bonds due to failure to meet certain bond covenants. This gives bond holders the right to accelerate and demand payment on the bonds in full. This condition raises substantial doubt about the discretely presented component units’ ability to continue as going concerns.” The footnotes clearly indicate that the debt of TSH is not a liability of the Town. The inclusion of this information in the Town’s audit will not affect any future bond ratings nor have a negative impact on the Town’s overall debt ratio for the purpose of securing additional financing in the future. This year’s audit again includes the Public Improvement District Capital Project Fund and Fiduciary Fund. The basis for including is Statement No. 6 of the Governmental Accounting Standards Board, “Accounting and Financial Reporting for Special Assessments”. Section 19 refers to Capital Improvements Financed by Special Assessment Debt for which the Government is not obligated in any manner. Below is an excerpt from the Statement: The construction phase should be reported like other capital improvements; in a capital project fund, or other appropriate fund. The source of funds in the capital project fund should be identified by a description than bond proceeds, such as contributions. Displaying the transactions in this way recognized that the construction or acquisition is a governmental activity and results in the addition of a governmental asset but is not financed by governmental debt. On February 5, 2015, the Town Council approved issuance of $26,175,000 of Special Assessment Revenue Bonds, Series 2015 related to the District. As stated in the POS, the Public Improvement District Bonds (“The Bonds”) are special and limited obligations of the Town payable solely from the pledged revenues and other funds comprising the Trust Estate, as and to the extent provided in the indenture. The bonds do not give rise to a charge against the general credit or taxing power of the Town and are payable solely from the sources identified in the indenture. The owners of the bonds shall never have the right to demand payment thereof out of money raised or to be raised by taxation, or out of any funds of the Town other than the Trust Estate, as and to the extent provided in the indenture; and, no owner of the bonds shall have the right to demand any exercise of the Town’s taxing power to pay the principal of the bonds or the interest or redemption premium, if any, thereon. The Town shall have no legal or moral obligation to pay the bonds out of any funds of the Town other than the Trust Estate. Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the most important financial activities of the Town. This report represents and reflects upon the Town’s financial operations and condition to the Town’s residents, elected officials, management personnel, financial institutions, rating agencies, and all other parties interested in the financial affairs of the Town. Page 3 of 3 Additionally, the Town began participating in the Government Finance Officer Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for governmental financial reporting. Therefore, we are pleased to announce that the Town has recently received this award for our ninth submission. This award is presented based on the required contents of the CAFR document, and ensures that certain required financial disclosures are presented in the document. All governmental entities that participate in the program must include these disclosures in their CAFR. We believe the September 30, 2016 CAFR is following these disclosure requirements, and the Town will be awarded our tenth consecutive certificate. RECOMMENDATION AND ATTACHMENTS Acceptance of the annual CAFR ATTACHMENTS Resolution Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2016 – Received under separate cover Resolution 17-04 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTED BY WEAVER AND TIDWELL, L.L.P., FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2016 WHEREAS, Section 103.001 of the Local Government Code requires that a municipality shall have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit; and WHEREAS, Section 103.002 of the Local Government Code requires that a municipality shall employ at its own expense a certified public accountant who is licensed in this state or a public accountant who holds a permit to practice from the Texas State Board of Public Accountancy to conduct the audit and to prepare the annual financial statements; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: 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 does hereby accept the Comprehensive Annual Financial Report from Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016, 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 17-04 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27nd DAY OF FEBRUARY, 2017. __________________________________ Laura Wheat, Mayor ATTEST: ____________________________________ __________________________________ 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, February 27, 2017 TOPIC: Consider a Resolution authorizing a collection fee for citations issued in the Municipal Court, which are past due and/or delinquent and are placed with an agency for collection recovery. STAFF CONTACT: Amanda DeGan, Assistant Town Manager; Troy Crow, Town Marshal 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. Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Maximize Efficiencies & Effectiveness For Strategic Initiative Review Internal Processes to Eliminate Waste / Redundancy Time Line - Start Date: February 27, 2017 Completion Date: N/A Funding Amount: N/A Status - Not Funded Source - Self-funded EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The municipal court staff recommends passage of a resolution to defray its costs of collection incurred under a contract for collection of delinquent court fines and fees between the Town and a collection firm as authorized under the provisions of Article 103.0031, Texas Code of Criminal Procedure. This fee is equal to 30% of debts and accounts receivable, such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the Town when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection. In the past, this collection fee has been authorized as part of the contract with our previous collection agency. However, by proceeding with the approval of this fee as a separate component, we will not require re-authorization in future should there be a subsequent change of vendors. RECOMMENDATION Staff recommends approval. ATTACHMENTS Resolution Resolution 17-05 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A COLLECTION FEE FOR CITATIONS ISSUED IN THE MUNICIPAL COURT OF THE TOWN OF WESTLAKE, WHICH ARE PAST DUE AND/OR DELINQUENT AND HAVE BEEN PLACED WITH AN AGENCY FOR COLLECTION RECOVERY. WHEREAS the Town of Westlake wishes to defray its costs of collection that it incurs under a contract for collection of delinquent court fines and fees between the Town and a collection firm as authorized under the provisions of Article 103.0031, Texas Code of Criminal Procedure; and WHEREAS, under said article, the Town Council of the Town of Westlake is empowered to authorize the addition of 30% on each debt and account receivable, including fines and fees, and on each amount in cases in which the accused has failed to appear, when each is more than 60 days past due and has been referred for collection. 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: A collection fee is hereby authorized and imposed, as provided by Article 103.0031, Texas Code of Criminal Procedure: (a) in the amount of 30% of debts and accounts receivable, such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the Town when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection; and (b) in the amount of 30% of amounts in cases in which the accused has failed to appear: (1) as promised under Subchapter A, Chapter 543, Texas Transportation Code, or other law; (2) in compliance with a lawful written notice to appear, issued under Article 14.06(b), Texas Code of Criminal Procedure, or other Law; Resolution 17-05 Page 2 of 2 (3) in compliance with a lawful summons issued under Article 15.03(b), Texas Code of Criminal Procedure; (4) in compliance with a lawful order of a court serving the Town; or (5) as specified in a citation, summons, or other notice authorized by Section 682.002, Texas Transportation Code, that charges the accused with a parking or stopping offense, When such amounts are more than 60 days past due and have been referred to an attorney or private vendor for collection. 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 27TH DAY OF FEBRUARY 2017. 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, February 27, 2017 TOPIC: Consider a resolution authorizing a contract with Linebarger, Goggan, Blair and Sampson L.L.P. to provide collections services to the Westlake Municipal court for the collection of delinquent Warrants fees and fines. STAFF CONTACT: Amanda DeGan, Assistant Town Manager; Troy Crow, Town Marshal 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. Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Maximize Efficiencies & Effectiveness Strategic Initiative Review Internal Processes to Eliminate Waste / Redundancy Time Line - Start Date: February 27, 2017 Completion Date: March 31, 2020 Funding Amount N/A Status - Not Funded Source - Self-funded EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Staff is proposing to terminate the contract with the existing collection agency and approve an agreement with Linebager, Goggan, Blair and Sampson L.L.P.. The change in providers would allow the Court staff to increase efficiency and outsource certain collection and payment plan options associated with outstanding warrants. The proposed change would allow the provider to process payments directly and handle all corresponding paperwork for those delinquent cases and placed for collection. The court would benefit through the elimination of multiple partial payments and correspondence from defendants regarding their ‘old’ cases as the collection agency would handle these tasks and remit the payments to the court. Linebarger, et. al., is also the same firm we use for the collection of delinquent ad valorem taxes for the Town. The City attorney has reviewed and approved the proposed contract. RECOMMENDATION Approve the resolution authorizing Linebarger, Goggan, Blair and Sampson L.L.P. to collect delinquent municipal court fines and fees. ATTACHMENTS Resolution Resolution 17-XX Page 1 of 8 TOWN OF WESTLAKE RESOLUTION NO. 17-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING A CONTRACT WITH LINEBARGER, GOGGAN, BLAIR AND SAMPSON LLP (LGBS) TO PROVIDE COLLECTION SERVICES FOR THE WESTLAKE MUNICIPAL COURT. WHEREAS, Entered into an agreement with McCreary, Veselka, Bragg and Allen (MVBA), Resolution 09-27, on June 8, 2009, for collection services for the Westlake Municipal Court; and, WHEREAS, The Town desires to increase the efficiency of the Municipal Court; and, WHEREAS, Linebarger, Goggan, Blair & Sampson, LLP, will provide for the enforcement and collection services for the for the Municipal Court; and WHEREAS, Westlake desires to provide high quality services along with financial stewardship; and, WHEREAS, Upon approval of this agreement with Linebarger Goggan Blair & Sampson, LLP, The Town will provide notice canceling the contract with MVBA ending services on March 31, 2017; 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 above 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 LGBS, relating to collection services for outstanding arrest warrants and related delinquent citations, attached hereto as Exhibit “A”; and further authorizes the Town Manager to sign on behalf of the Town of Westlake. 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-XX Page 2 of 8 SECTION 4: That this resolution shall become effective from and after its date of passage PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 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-XX Page 3 of 8 Exhibit “A” Contract for Fines and Fees Collection Services STATE OF TEXAS COUNTY OF TARRANT THIS CONTRACT (hereinafter “AGREEMENT”) is made and entered into by and between the TOWN OF WESTLAKE, acting herein by and through its governing body, hereinafter styled “CLIENT”, and Linebarger Goggan Blair & Sampson, LLP, hereinafter styled “FIRM”. Article I Nature of Relationship and Authority for Contract 1.01 The parties hereto acknowledge that this AGREEMENT creates an attorney-client relationship between CLIENT and FIRM. 1.02 The CLIENT hereby employs the FIRM to provide the services hereinafter described for compensation hereinafter provided. 1.03 This AGREEMENT, as applicable, is entered into pursuant to and as authorized by Subsection (a) of ART. 103.0031, Texas Code of Criminal Procedure. Article 2 Scope of Services 2.01 CLIENT agrees to employ and does hereby employ FIRM to provide specific legal services provided herein and to enforce the collection of delinquent court fees and fines that are subject to this AGREEMENT, pursuant to the terms and conditions described herein. Such legal services shall include but not be limited to recommendations and legal advice to CLIENT to take legal enforcement action; representing CLIENT in any dispute or legal challenge over authority to collect such court fees and fines; defending CLIENT in litigation or challenges of its collection authority; and representing CLIENT in collection interests in bankruptcy matters as determined by FIRM and CLIENT. This AGREEMENT supersedes all prior oral and written agreements between the parties regarding court fees and fines and can only be amended if done so in writing and signed by all parties. Furthermore, this contract cannot be transferred or assigned by either party without the written consent of all parties. 2.02 The CLIENT may from time-to-time specify in writing additional actions that should be taken by the FIRM in connection with the collection of the fines and fees that are subject to the AGREEMENT. CLIENT further constitutes and appoints the FIRM as CLIENT’S attorneys to sign all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to purse collection of the CLIENT’S claims. Resolution 17-XX Page 4 of 8 2.03 Fines and fees that are subject to this AGREEMENT are those that are more than sixty (60) days past due as of the effective date hereof and those that become more than sixty (60) days past due during the term hereof. As used in this section, “more than 60 days past due” has that meaning assigned by Subsection (f) of Art. 103.0031, Texas Code of Criminal Procedure [as amended by Senate Bill 782, 78th Legislature (2003), effective June18, 2003]. The meaning assigned to the phrase “more than 60 days past due” shall, for the term and purposes of this AGREEMENT, survive any future amendments to, or repeal of, Article 103.0031, Texas Code of Criminal Procedure, or any parts thereof. 2.04 The CLIENT agrees to provide to the FIRM data regarding any fines and fees that are subject to this AGREEMENT. The data shall be provided by electronic medium in a file format specified by the FIRM. The CLIENT and the FIRM may from time-to-time agree in writing to modify this format. The CLIENT shall provide the data to the FIRM not less frequently than (e.g., “weekly”, “monthly”, etc). 2.05 The FIRM, in all communications seeking the collection of fines and fees, shall direct all payments directly to the CLIENT at an address designated by the CLIENT. If any fines and fees are paid to the FIRM, said payments shall be expeditiously turned over to the CLIENT. Article 3 Compensation 3.01 The CLIENT agrees to pay the FIRM as compensation for the services required hereunder as follows: (a) (0%) percent of all the fines and fees subject to the terms of this AGREEMENT as set forth in Section 2.03 above that are collected by the CLIENT during the term of this AGREEMENT that were incurred under Art. 103.0031(a)(2), Texas Code of Criminal Procedure, as a result of the commission of a criminal or civil offense committed before June 18, 2003; and (b) Thirty (30%) percent of the total amount of all other fines and fees [exclusive of any collection fee assessed by the CLIENT pursuant to Subsection (b) of Article 103.0031, Texas Code of Criminal Procedure] subject to the terms of this AGREEMENT as set forth in Section 2.03 above that are collected by the CLIENT during the terms of this AGREEMENT. All compensation shall become the property of the FIRM at the time payment of the fines and fees is made to the CLIENT. 3.02 The CLIENT shall pay the FIRM by the twentieth day of each month all compensation earned by the FIRM for the previous month as provided in this Article 3. Resolution 17-XX Page 5 of 8 The CLIENT shall provide an accounting showing all collections for the previous month with the remittance. Article 4 Intellectual Property Rights 4.01 The CLIENT recognizes and acknowledges that the FIRM owns all right, title and interest in certain proprietary software that the FIRM may utilize in conjunction with performing the services provided in this AGREEMENT. The CLIENT agrees and hereby grants to the FIRM the right to use and incorporate any information provided by the CLIENT ("CLIENT Information") to update the databases in this proprietary software, and, notwithstanding that CLIENT Information has been or shall be used to update the databases in this proprietary software, further stipulates and agrees that the CLIENT shall have no rights or ownership whatsoever in and to the software or the data contained therein, except that the CLIENT shall be entitled to obtain a copy of such data that directly relates to the CLIENT’s accounts at any time. 4.02 The FIRM agrees that it will not share or disclose any specific confidential CLIENT Information with any other company, individual, organization or agency, without the prior written consent of the CLIENT, except as may be required by law or where such information is otherwise publicly available. It is agreed that the FIRM shall have the right to use CLIENT Information for internal analysis, improving the proprietary software and database, and generating aggregate data and statistics that may inherently contain CLIENT Information. These aggregate statistics are owned solely by the FIRM and will generally be used internally, but may be shared with the FIRM's affiliates, partners or other third parties for purposes of improving the FIRM's software and services. Article 5 Costs 5.01 The FIRM and CLIENT recognize that certain costs may be incurred in the process of providing any additional services contemplated in Section 2.02 above or in providing any special litigation services. The CLIENT agrees that all such costs shall be billed to the CLIENT, but that the FIRM will either (i) advance such costs on behalf of the CLIENT or, (ii) when possible, arrange with the vendor or agency providing the service that the costs of services will not be paid unless and until such costs are recovered by the CLIENT from the debtor. 5.02 The CLIENT acknowledges that the FIRM may provide such services with its own employees or with other entities or individuals who may be affiliated with the FIRM, but the FIRM agrees that any charges for such services will be reasonable and consistent with what the same services would cost if obtained from a third party. Resolution 17-XX Page 6 of 8 5.03 The CLIENT agrees that upon the recovery of such costs, the CLIENT will (i) pay the FIRM for any such costs that have been advanced by the FIRM or performed by the FIRM and (ii) pay any third party agency or vendor owed for performing such services. Article 6 Term and Termination 6.01 The initial term of this contract is three (3) years, beginning on, __________________, (the “Effective Date”) and shall expire on, _________________ (the “Expiration Date”). 6.02 Unless prior to sixty (60) days before the Expiration Date, the CLIENT or the FIRM notifies the other in writing that it does not wish to continue this AGREEMENT beyond its initial term, this AGREEMENT shall be automatically extended for an additional one year period without the necessity of any further action by either party. In the absence of any such sixty (60) day notice by either the CLIENT or the FIRM, the AGREEMENT shall continue to automatically renew for additional and successive one-year terms in the same manner at the end of each renewal period. 6.03 If, at any time during the initial term of this AGREEMENT or any extension hereof, the CLIENT determines that the FIRM’s performance under this AGREEMENT is unsatisfactory, the CLIENT shall notify the FIRM in writing of the CLIENT’s determination. The notice from the CLIENT shall specify the particular deficiencies that the CLIENT has observed in the FIRM’s performance. The FIRM shall have sixty (60) days from the date of the notice to cure any such deficiencies. If, at the conclusion of that sixty (60) day remedial period, the CLIENT remains unsatisfied with the FIRM’s performance, the CLIENT may terminate this AGREEMENT effective upon the expiration of thirty (30) days following the date of written notice to the FIRM of such termination (“Termination Date”). Further, CLIENT retains the right to withdraw any receivables other than court fees and fines from collection at any time that this contract is in force and refer such other receivables to another firm at the discretion of CLIENT without the need to terminate the CONTRACT. 6.04 Whether this AGREEMENT expires or is terminated, the FIRM shall be entitled to continue to collect any items and to pursue collection of any claims that were referred to and placed with the FIRM by the CLIENT prior to the Termination Date or Expiration Date for an additional ninety (90) days following termination or expiration. The CLIENT agrees that the FIRM shall be compensated as provided by Article 3 for any such item or pending matters during the ninety (90) day period. 6.05 The CLIENT agrees that the FIRM shall be reimbursed for any costs advanced and shall be paid for any services performed pursuant to Article 5 when such costs are recovered by or on behalf of the CLIENT, regardless of the date recovered. It is expressly agreed that neither the expiration nor the termination of this AGREEMENT constitutes a waiver by the FIRM of its entitlement to be reimbursed for such costs and to be paid for such services. It is further expressly agreed that the expiration of any Resolution 17-XX Page 7 of 8 ninety (90) day period under Section 6.04 does not constitute any such waiver by the FIRM. Article 7 Miscellaneous 7.01 Subcontracting. The FIRM may from time-to-time obtain co-counsel or subcontract some of the services provided for herein to other law firms or entities. In such cases, the FIRM will retain supervisory control and responsibility for any services provided by such co-counsel or subcontractors and shall be responsible to pay any compensation due to any such co-counsel or subcontractor. 7.02 Integration. This AGREEMENT contains the entire AGREEMENT between the parties hereto and may only be modified in a written amendment, executed by both parties. 7.03 Representation of Other Governmental Entities. The CLIENT acknowledges and consents to the representation by the FIRM of other governmental entities that may be seeking the payment of fines and fees or other claims from the same person(s) as the CLIENT. 7.04 Notices. For purposes of sending any notice under the terms of this contract, all notices from CLIENT shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of Client Services P.O. Box 17428 Austin, Texas 78760-7428 All notices from the FIRM to the CLIENT shall be sent to CLIENT by certified United States mail, or delivered by hand or by courier, and addressed as follows: Town of Westlake Town Manager 1301 Solana Boulevard Building 4, Suite 4202 Westlake, Texas, 76262 Resolution 17-XX Page 8 of 8 EXECUTED ON the _____ day of __________________, 20____. Town of Westlake 1301 Solana Boulevard Building 4, Suite 4202 Westlake, Texas, 76262 By: __________________________________________ Thomas E. Brymer, Town Manager For the TOWN Linebarger Goggan Blair & Sampson, LLP By: __________________________________________ C. Corey Fickes, Partner For the FIRM Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Consider a Resolution authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), to utilize Town owned telecommunications conduit (ductbank) within the Entrada mixed-use development. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager 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: February 27, 2017 Completion Date: February 27, 2017 Revenue Amount: $121,100 Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake owns a series of telecommunications conduit, referred to as Ductbank, which extend from the Solana Business complex to Westlake Academy and have been leased to telecom companies. The Ductbank was envisioned as a way to provide telecommunications companies access to Town right-of-way without the need to dig, there by disrupting traffic, potentially damaging other buried utilities, expedite installation, and minimize inconvenience to property owners. This is critical to the Entrada development due to the narrow streets and lack of traditional right-of-way; a majority of the area behind the curb/edge of pavement will be paved or a building. Page 2 of 2 The proposed lease will provide for the installation of fiber optic cable within the Town’s Ductbank throughout the development just like other recent ductbank agreements approved by Town Council. Due to the complexity and stage of development completion, we do not know the exact amount of ductbank conduit that the developer will ultimately install, so the proposed lease includes a range of conduit length that AT&T will be able to occupy. The 14,000 linear feet identified as the minimum quantity is based on the ductbank construction plans that staff has approved for construction. The remaining 6,000 linear feet would include ductbank related to specific site development and conduit to be installed in Phase 2. RECOMMENDATION Staff recommends approval of the Ductbank Lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”). ATTACHMENTS Resolution Proposed DuctBank Lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”). Resolution 17-07 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS (“AT&T”) TO UTILIZE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) WITHIN THE ENTRADA MIXED-USE DEVELOPMENT. WHEREAS, Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), desires to utilize telecommunications conduit from the Town of Westlake to serve the Entrada mixed-use development; and WHEREAS, the Town Council find that the leasing of telecommunication ductbank conduit provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council authorize the Town Manager to execute a lease on behalf of the Town of Westlake; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the Lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), related to the use of ductbank within the Entrada mixed-use development, attached as Exhibit “A”, and further authorizes the Town Manager to execute the lease on behalf of the Town of Westlake, Texas. 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 17-07 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2017. _________________________________ Laura Wheat, Mayor ATTEST: ___________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Proprietary and Confidential Resolution 15-32 09/11/2015 CONDUIT LEASE Between TOWN OF WESTLAKE And SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS (“AT&T”). CONDUIT LEASE Page 2 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 TABLE OF CONTENTS ARTICLE 1: BASIC PROVISIONS ........................................................................... 3 ARTICLE 2: ADDITIONAL DEFINITIONS ............................................................. 5 ARTICLE 3: TERM AND COMMENCEMENT ........................................................ 5 ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT .................... 5 ARTICLE 5: USE AND COMPLIANCE WITH LAWS ............................................ 6 ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, ............... 7 AND IDEMNIFICATION ........................................................................................... 7 ARTICLE 7: CASUALTY DAMAGE ....................................................................... 8 ARTICLE 8: MULTI-DUCT AND CONDUIT ........................................................ 10 ARTICLE 9: ASSIGNMENT AND SUBLETTING ............................................... 10 ARTICLE 10: LANDLORD’S REMEDIES ............................................................ 10 ARTICLE 11: TENANT’S REMEDIES ................................................................... 11 ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION ..... 12 ARTICLE 13: REPRESENTATIONS AND WARRANTIES .................................. 13 ARTICLE 14: VENUE AND GOVERNING LAW .................................................. 14 ARTICLE 15: FORCE MAJEURE............................................................................ 14 ARTICLE 16: ENTIRE AGREEMENT .................................................................... 14 ATTACHMENT A - ENTRADA DUCT BANK CONSTRUCTION PLANS ........ 16 ATTACHEMENT B - DUCTBANK ACCESS PROCEDURES ............................. 17 CONDUIT LEASE Page 3 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 THIS CONDUIT LEASE (“Lease”) is made and entered into as of the __________day of ___________, 2017 by and between the Town of Westlake, Texas (Landlord”) and Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”). ARTICLE 1: BASIC PROVISIONS This Article contains the basic lease provisions between Landlord and Tenant. A. Route: The route of the Conduit that is the subject of this Lease is as indicated on Attachment “A”, Entrada Duct Bank Construction Plans. B. Commencement of Lease: The Commencement Date for the Lease shall be as follows, subject to adjustment based on any Landlord delays in substantial completion of any Ductbank segments not completed at the time of Lease signing. C. Initial Term and 30 years Expiration Date: Commencement Date plus 30 years D. Rented Length: Parties agree that the rented length will be a minimum of 14,000 linear feet and not more than 20,000 feet based on the attached Entrada Duct Bank Construction Plans. E. Size and Quantity: 1 single 4” conduit F. Base Rent: $121,100.00 for Entrada G. Permitted Use: Facilities may be placed in the Conduit by the Tenant for the provisioning of communications and telecommunications services, including voice, data, video and internet services. CONDUIT LEASE Page 4 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 H. Landlord: Town of Westlake, Texas I. Landlord’s Notice Address: Town Manager 3 Village Circle Suite 202, Solana Westlake, TX 76262 With copies to: Town Attorney Town of Westlake Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, TX 75062 J. Tenant: Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”). K. Tenant’s Notice Address: ROW Department 13845 FAA Blvd. Fort Worth, Texas 76155 L. Rent Payments: Lump Sum payment of $121,100.00. M. Attachments: This Lease includes and incorporates by this reference: Attachment A: Entrada Duct Bank Construction Plans Attachment B: Ductbank Access Procedures N. Substantial Completion: Substantial completion of all or a portion of the construction of the Ductbank occurs when the construction of the Ductbank is completed sufficient to enable Tenant to install its facilities located in the Conduit. O. Non-exclusion: This is a non-exclusive Lease in that Landlord may lease other ducts within the Ductbank to other Tenants and Tenants may Lease ducts from other parties within the jurisdiction of the Town of Westlake as permitted by other Leases. Leases entered into with other Tenants may not interfere in CONDUIT LEASE Page 5 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 any manner with Tenant’s ability to provide service to its customers including increasing operational burdens or costs. Leases between the Landlord and its other Lessees must be competitively neutral and non-discriminatory when compared to this Lease provided however the lease rates may vary from lease to lease based on different duct configurations. ARTICLE 2: ADDITIONAL DEFINITIONS A. Conduit: The term “conduit” refers to a four inch (4”) or two inch (2”) pipe located within the Ductbank. The conduits leased under and pursuant to this Lease are identified in Attachment “A”, Entrada Duct Bank Construction Plans, and are referred to herein as the “Conduit.” B. Cell: The term “cell” refers to a multi-duct inner-liner within a conduit. The cells leased under and pursuant to this Lease are as indicated in Attachment “A”, Entrada Duct Bank Construction Plans, and are referred to herein as the “Cells.” C. Ductbank: A bank or collection of several Landlord-owned conduits routed from manhole to manhole or pull box. D. Facilities: The term “Facilities” refers to cables, wires and other appurtenances as determined by Tenant which Tenant shall place in Conduit rented hereunder to provide communications and telecommunications services. ARTICLE 3: TERM AND COMMENCEMENT A. Term: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Conduit and/or Cells identified in Article 1, and described in Attachment “A”, Entrada Duct Bank Construction Plans, for the Term, subject to the other provisions of this Lease. The term of this Lease shall commence on the Commencement Date and end at 11:59 PM on the Expiration Date set forth in Article 1, unless sooner terminated as provided in this Lease. This Lease may be renewed as provided for in Article 4.B. ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT A. Base Rent: Tenant shall pay Landlord (i) the Base Rent set forth in Article 1 in advance on or before the Commencement Date and yearly on the anniversary date, or (ii) the one time lump sum base rent set forth in Article 1 in advance on or before the Execution of the Lease. The Rate Adjustment set forth in Article 1 shall be applied to the base rent to offset additional costs incurred by the Tenant. B. Renewal: This Lease may be extended and renewed upon the written consent of both the Landlord and the Tenant, and such consent shall not be withheld by the Landlord CONDUIT LEASE Page 6 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 without a justifiable cause presented in writing to the Tenant. Tenant shall have a minimum of 180 days from the receipt of such termination notice to discontinue its use of the ductbank. Issues related to the Renewal Fee may be considered a justifiable cause for withholding consent. Tenant may continue to occupy the Conduit leased hereunder after expiration of this Lease and shall pay, subject to refund by the Landlord, a non- discriminatory amount determined by the Landlord until any such disputed Renewal Fee is resolved. Landlord shall refund any Renewal Fee paid by Tenant that is greater than the resolved amount, plus interest at the current rate that Tenant is required to pay on customer deposits, within 30 calendar days of such resolution of the Renewal Fee. ARTICLE 5: USE AND COMPLIANCE WITH LAWS A. Use of Conduit: Tenant shall use the Conduit only for the permitted use identified in Articles 1 and 2, and no other purpose whatsoever, subject to the other provisions of this Article and this Lease. Tenant may petition the Landlord to use the Leased Conduit for other purposes, and if technologically feasible, approval shall not be unreasonably denied by the Landlord. B. Maintenance of Ductbank: Landlord shall at its sole cost maintain the physical structure of the Ductbank, including manholes, and shall provide a clean and safe working environment within the ductbank including the removal of water, mud, animals, insects and other foreign matter, when manholes need to be accessed. C. Protection of Tenant Facilities within Ductbank: Landlord shall use best efforts to assure that Tenant’s Conduit and Facilities within the Ductbank are protected from damage by other tenants and to allow efficient access by the Tenant to its Facilities. D. Compliance with Laws: The parties shall comply with all laws of the State of Texas and the United States. Nothing in the Lease shall have the effect of eliminating or altering the parties’ requirements to comply with all of the ordinances of the Town of Westlake, Chapter 283 of the Texas Local Government Code or Chapter 253 of the federal Telecommunications Act. In the event this Lease, or any of it's provisions or the operations contemplated hereunder, are found to be inconsistent with or contrary to any laws (now existing or hereinafter enacted), the law will be deemed to control and, if commercially practicable, this Lease will be regarded as modified accordingly and will continue in full force and effect as so modified. If such modified Lease is not commercially practicable, in the opinion of either party, then the parties agree to meet promptly and discuss any necessary amendments or modifications to this Lease. If the parties are unable to agree on necessary amendments or modifications in order to comply with any laws, then this Lease may be terminated immediately by either party. E. Access. During the Term, and any Extension Term, Landlord will provide Tenant free and unrestricted access for ingress and egress, vehicles, construction materials and equipment, to and from the Tenant’s Conduit and Facilities within the Ductbank, 24 hours a day, 7 days a week, 365 days a year, so that Tenant may perform installation, operation, CONDUIT LEASE Page 7 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 maintenance, replacement, repair or operating improvement and equipment; F. Landlord shall not permit or suffer any interference with Tenant’s free and unrestricted access and right to use Tenant’s Conduit and Facilities within the Ductbank; G. No litigation or governmental, administrative, or regulatory proceeding is pending, proposed or threatened with respect to Tenant’s Conduit and Facilities within the Ductbank, including, without limitation, claims of third-parties; H. Tenant’s Conduit and Facilities within the Ductbank are free of any asbestos or asbestos-containing materials and shall remain free throughout the Term and any Extension Term; ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, AND IDEMNIFICATION A. Required Insurance: Each party shall maintain during the Term of the Lease: Commercial general liability insurance, with limits of $1,000,000 for personal injury, bodily injury or death, and property damage or destruction (including loss of use thereof), combined single limit for one occurrence, and $2,000,000 in the aggregate per policy year, with (a) for contractual liability coverage, and (b) inclusion of the other Party as additional insured. B. Certificates and Other Matters: Each Party shall provide the other with certificates evidencing the coverage required hereunder prior to the commencement Date, or Tenant’s entry to the Ductbank, whichever first occurs. Tenant shall provide at least thirty days’ advanced written notice to landlord of any cancelation or non renewal of any required coverage that is not replaced. Landlord and Tenant shall provide renewal certificates to the other prior to expiration of such policies. Except as provided to the contrary herein, any additional insurance carried by Landlord or Tenant shall be for the sole benefit of the party carrying such insurance. All insurance required hereunder shall be provided by responsible insurers eligible to do business in the State of Texas and shall have a general policy holder’s rating of at least A- (A minus) and a financial rating of at least [VII] in the then current edition of Best’s Insurance Reports. Each Party disclaims any representation as to whether the foregoing coverage will be adequate to protect Tenant. C. Self Insurance: The parties to this Lease acknowledge that Tenant may satisfy all requirements of Article 6 by maintaining and providing written evidence to the Landlord of a program of self insurance as permitted by the laws of the State of Texas. D. Landlord’s Liability to Tenant: Landlord’s liability to Tenant, if any, for damages alleged pursuant to the obligations, terms, and conditions of this Lease, shall not CONDUIT LEASE Page 8 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 exceed the insurance amounts in Article 6, Section A, hereto. Nothing contained in this Lease shall waive Landlord’s defenses or immunities under Section 101.001 et seq. of the Texas Civil Practice and Remedies Code or other applicable statutory or common law. E. Tenant’s Liability to Landlord: Tenant’s liability to Landlord, if any, for damages alleged pursuant to the obligations, terms, and conditions of this Lease, shall not exceed the insurance amounts in Article 6, Section A, hereto. Nothing contained in this Lease shall waive Tenant’s defenses or immunities under the Texas Civil Practice and Remedies Code or other applicable statutory or common law. ARTICLE 7: CASUALTY DAMAGE A. Restoration: (1) The parties shall promptly notify each other of any damage to the Ductbank by fire, trenching equipment, or other casualty. If the Ductbank or any of its appurtenances are damaged by fire or other casualty, Landlord shall use available insurance proceeds to restore the same. Landlord will, in a reasonable amount of time, make every reasonable attempt to restore the Ductbank to substantially the same condition as prior to the casualty. (2) In case of damage to the Ductbank, Landlord will make every reasonable attempt to promptly restore the Ductbank. Where Tenant or any of their agents, employees, or contractors were the sole cause of the damage, the Tenant shall pay 100% of the reasonable, actual and direct cost of restoration including but not limited to straight time labor, overtime labor, materials, material expediting fees, and supervision. If Landlord does not initiate repairs within one (1) hour and complete such repairs in a timely manner, Tenant may begin such repairs itself and Landlord agrees to reimburse Tenant the reasonable cost of all such repairs. (3) When damage to the Ductbank by casualty has occurred, and when notice and coordination are practicable, the parties shall coordinate repair and other work operations in emergency situations involving service disruptions. Disputes will be immediately resolved at the site by the affected parties present in accordance with the following principles: a. Emergency service restoration work requirements shall take precedence over other work operations. b. Except as otherwise agreed upon by the parties, restoration of lines necessary to alleviate life-threatening situations shall be given the highest priority. Secondary priority shall be give to restoring lines for emergency service providers (e.g., 911, fire, police, and national security and hospital lines). Third priority shall be given to restoring lit CONDUIT LEASE Page 9 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 fibers of the local service providers, on a rotating basis.. The parties shall exercise good faith in assigning priorities, shall base their decisions on the best information then available to them at the site in question, and may, by mutual agreement at the site, take other factors into consideration in assigning priorities and sequencing service restoration activities. c. Landlord shall determine the order of precedence of work operations only if the affected parties present are unable to reach prompt agreement; provided, however, that these decisions shall be made by Landlord on a nondiscriminatory basis in accordance with the principles set forth in this section. B. Termination of Lease by Landlord: Notwithstanding the foregoing to the contrary, in lieu of performing the restoration work, Landlord may in the event of a total casualty, elect to terminate this Lease by notifying Tenant in writing of such termination within thirty (30) days after the date of damage (such termination notice to include a termination date providing not less than thirty (30) days notice to Tenant). Landlord shall provide a reasonably comparable location within the public right-of-way to relocate those portions of Tenant’s facilities that are not accessible or useable by termination. Such reasonable location not include a ductbank, conduit or cells, but, only a physical location in the public right-of-way. In such case, the Tenant shall be entitled to a refund of the prorated portion of the pre-paid rent paid hereunder by Tenant in advance. C Termination of Lease by Tenant: Notwithstanding Paragraph B above, Tenant may terminate this Lease if Tenant is unable to use all or a substantial portion of the leased Ductbank as a result of fire or other casualty not caused by Tenant or its employees or agents, and (i) such work is estimated to take more than fifteen (15) days, or (ii) Landlord fails to substantially complete restoration work within thirty (30) days from the date the casualty occurred. In order to exercise any of the foregoing termination rights, Tenant must send Landlord at least fifteen (15) days advance notice specifying the basis for termination, and such notice must be given no later than thirty (30) days following the occurrence of the condition serving as the basis for the termination right invoked by Tenant. Upon receipt of termination notice from the Tenant, Landlord shall provide the Tenant with a reasonably comparable location within the public right-of-way for the Tenant to relocate its facilities. Such termination rights shall not be available to Tenant if: (a) Landlord substantially completes their repairs to the Ductbank within Landlord’s thirty (30) day period to substantially complete restoration to the damaged portion of the Ductbank, or (b) Landlord permanently provides Tenant with reasonably comparable alternate ducts within the Ductbank route or an alternate route reasonably acceptable to Tenant. Landlord shall reimburse the Tenant the greater of the cost to relocate any Facilities or a prorated portion of the lease payment made in advance. D. Permits: Landlord shall expedite approval of any required permits due to termination of Lease by either party provided that Tenant complies with all applicable local, state and federal requirements. CONDUIT LEASE Page 10 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 ARTICLE 8: MULTI-DUCT AND CONDUIT Tenant shall conduct a physical inspection of the Conduit prior to accepting the Conduit and installing its Facilities. Once Tenant accepts the Conduit, Tenant accepts the Conduit “as-is.” Tenant may install cells, at its discretion, at no cost to the Landlord, subject to submittal of Tenant’s plans and specifications for written approval by Landlord. ARTICLE 9: ASSIGNMENT AND SUBLETTING A. Transfers: Tenant shall have the right to assign this Lease, provided Tenant notifies Landlord, to (i) an entity which controls, is controlled by or is under common control with Tenant, or (ii) to any entity which succeeds to substantially all of its assets or equity of Tenant, and the assignee executes an agreement assuming this Lease. In addition, notwithstanding anything to the contrary contained herein, Tenant shall have the right to allow third parties the right to transmit signals and/or data over or otherwise use Tenant’s Facilities. B. With respect to all other transfers or assignments of this Lease, Tenant shall not, without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed by Landlord, assign, mortgage, pledge, hypothecate, encumber, or permit any lien to attach to, or otherwise transfer, this Lease or any interest hereunder. C. Tenant shall notify Landlord of any such transfer or assignment in writing, which notice shall include: (a) the effective date of the transfer or assignment, (b) the portion of the Conduit to which the Lease transfer or assignment applies, (c) the name, address, and background information concerning the proposed Transferee, (d) an assignment and assumption agreement signed by the Transferee, whereby the Transferee assumes all obligations, terms, and conditions of this Lease relating to the assigned Conduit, and (e)the nature of Transferee’s business and proposed use of the Conduit, if different from the Tenant’s. Any transfer made without complying with this Article shall, at Landlord’s option, be null, void, and of no effect, or shall constitute a Default under this Lease. D. There shall be no additional compensation demanded or authorized by the Landlord for any Transfer or Assignment of this Lease from either the Tenant or the Transferee that is not specifically addressed in this lease. ARTICLE 10: LANDLORD’S REMEDIES A. Default: Either party shall be in default hereunder in the event such party has not begun and pursued with reasonable diligence the cure the breach of this Lease within thirty (30) days of the receipt of written notice from the other party of the breach. B. Remedies: CONDUIT LEASE Page 11 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 (1) Upon the occurrence of any uncured material event or events of default, whether enumerated in this paragraph or not, the non-defaulting party shall have the option to pursue any one or more of the following: (i) terminate this Lease (Tenant’s right of use, entry and possession may be terminated only by detainer suit, summary proceedings or other lawful means), (ii) perform whatever obligations the other party is obligated to perform under the terms of this Lease, and to the defaulting party shall reimburse the other party for any reasonable expenses incurred in performing the defaulting party’s obligations, (iii) recover any unpaid rent or on a pro-rata basis any pre-paid rent, as the case may be as of the date use is terminated, (iv) recover any unpaid rent which thereafter accrues during the Term from the date use is terminated through the time of judgment (or which may have accrued from the time of any earlier judgment obtained by Landlord), less any consideration received from replacement tenants, (v) recover any other reasonable amounts necessary to compensate the non-defaulting party for all damages proximately caused by defaulting party’s failure to perform its obligations under this Lease, including reasonable attorney’s fees and costs. (2) In the event one party terminates the other party’s right of use pursuant to this Article, Tenant agrees to remove its facilities within ninety (90) days of termination, or as soon as reasonably practical, if demanded by the Landlord. Should Tenant fail to remove facilities, Landlord may, at the Tenant’s expense, remove Tenant’s facilities from the Ductbank. (3) NEITHER PARTY SHALL BE LIABLE TO OTHER FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND LOST REVENUES. ARTICLE 11: TENANT’S REMEDIES A. Default: Landlord shall be in default hereunder in the event Landlord has not begun and pursued with reasonable diligence the cure of any failure of Landlord to meet its obligations hereunder within thirty (30) days of the receipt by Landlord of written notice from Tenant of the alleged failure to perform. B Remedies: Upon the occurrence of any event or events of default by Landlord, whether enumerated in this paragraph or not, Tenant shall have the option to pursue any one or more of the following: (i) termination of this Lease; and (ii) exercising all other remedies available to Tenant at law or in equity, including without limitation, injunctive relief of all varieties. Notwithstanding the foregoing, if (i) Landlord’s default hereunder creates an emergency or creates conditions which if uncured will impair or impede Tenant’s ability to provide telecommunications services, and (ii) Landlord has not commenced or does not diligently proceed to cure such default, then Tenant may, after two (2) business day’s written notice to Landlord, take whatever actions are necessary to commence curing the default(s), and Landlord agrees to reimburse Tenant for any CONDUIT LEASE Page 12 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 reasonable expenses incurred in effecting compliance with Landlord’s obligations, including reasonable attorney’s fees and costs. ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION A. In connection with this Lease, either party may furnish to the other certain information that is marked or otherwise specifically identified as proprietary or confidential (“Confidential Information”). This Confidential Information may include, among other things, private easements, licenses, utility agreement Leases, permits, other right-of-way granting documents, specifications, designs, plans, drawings, data, prototypes, and other technical and/or business information. For purposes of this Section, the party that discloses Confidential Information is referred to as the “Disclosing Party” and the party that receives Confidential Information is referred to as the “Receiving Party”. If the Receiving Party is the Landlord, the Landlord shall fully comply with the Texas Public Information Act (formerly the “Texas Open Records Act”), including requesting a decision from the Attorney General regarding the confidentiality of the requested Confidential Information, to protect the release of confidential or proprietary information, and will promptly notify the Disclosing Party of such request for disclosure. B. When Confidential Information is furnished in tangible form, the Disclosing Party shall mark it as proprietary or confidential. When Confidential Information is provided orally, the Disclosing Party shall, at the time of disclosure or promptly thereafter, identify the Confidential Information as being proprietary or confidential. C. With respect to Confidential Information disclosed under this Lease, the Receiving Party and its employees shall: (1) To the extent allowed by law, hold the Confidential Information in confidence using procedures no less stringent than those used with respect to its own proprietary, confidential and private information of a similar nature, subject to the terms of this Lease. For the purpose of this Article 12, Landlord shall comply with any ruling made by the Texas Attorney General pursuant to the Texas Public Information Act. Landlord shall not be required to take any action beyond this section to keep information confidential; (2) Restrict disclosure of the Confidential Information solely to those of its employees who have a need to know in connection with the performance of this Lease, and not disclose the Confidential Information to any other person or entity except as required by law; (3) Advise those employees of their obligations with respect to the Confidential Information; (4) Use the Confidential Information only in connection with the performance of this Lease, except as the Disclosing Party may otherwise agree in writing except as allowed by law; CONDUIT LEASE Page 13 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 (5) Promptly notify the Disclosing Party of the request for the Confidential Information D. Upon written request of the Disclosing Party, the Receiving Party shall return all Confidential Information received in tangible form, except that each party’s legal counsel may retain one copy in its files solely to provide a record of such Confidential Information for archival purposes. If the Receiving Party loses or makes an unauthorized disclosure of Confidential Information, it shall notify the Disclosing Party and use reasonable efforts to retrieve the Confidential Information. E. The Receiving Party shall have no obligation to preserve the proprietary nature of Confidential Information which: (1) was previously known to the Receiving Party free of any obligation to keep it confidential; or (2) is or becomes publicly available by means other than unauthorized disclosure; or (3) is developed by or on behalf of the Receiving Party independently of any Confidential Information furnished under this Lease; or (4) is received from a third party whose disclosure does not violate any confidentiality obligation. F. Unless required by law, neither party shall disclose the other party’s customer Confidential Information to any third party (even if under contract to that party) or to any personnel of the party responsible for publicity or for end user sales or marketing. G. If the Receiving Party is required to disclose the Disclosing Party’s Confidential Information by an order or lawful process of a court or governmental body, the Receiving Party shall promptly notify the Disclosing Party, and shall cooperate with the Disclosing Party in seeking reasonable protective arrangements before the Confidential Information is produced. ARTICLE 13: REPRESENTATIONS AND WARRANTIES A. Each party represents and warrants that: (i) it has full right and authority to enter into, execute, deliver, and perform its obligations under this Lease; and (ii) its execution of and performance under this Lease shall not violate any applicable existing regulations, rules, statues or court orders of any local, state or federal governmental agency, court or body. B. Landlord further represents and warrants that: (i) it has all rights and authorizations necessary to construct the Ductbank and to lease Conduit to Tenant; (ii) that it has obtained any and all real property rights necessary to install the Ductbank and to enter upon the property on which the Ductbank is located, and to permit Tenant to enter. Landlord shall use best efforts to maintain such rights throughout the Term. If Landlord fails to obtain CONDUIT LEASE Page 14 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 and/or cause to remain effective throughout the term of this Lease all required real property rights necessary for Tenant’s use of the Ductbank, Tenant may terminate the Lease, without further obligation, by giving the Landlord thirty (30) days written notice. In the event of such termination, Landlord shall provide a reasonably comparable location within the public right-of-way to relocate those portions of Tenant’s Facilities that are not accessible or useable as a result of such a termination. Such reasonable location may not include a ductbank, conduit or cells, but, only a physical location in the public right-of-way. In such case, the Tenant shall be entitled to a refund of the prorated portion of the lease payment made in advance. ARTICLE 14: VENUE AND GOVERNING LAW This Lease shall be governed by the laws of the State of Texas and any applicable Federal law. This Lease will be enforceable in Tarrant County, Texas; if legal action is necessary to enforce this Lease, venue will lie in Tarrant County, Texas, with the U.S. District Court for the Northern District of Texas, or with any regulatory body of competent jurisdiction; e.g., the Public Utility Commission of Texas, the Federal Communications Commission. ARTICLE 15: FORCE MAJEURE Neither Landlord or Tenant, as the case may be, shall be liable or responsible for any damages or delays in performance due to strikes, riots, acts of God, any act of terror or civil disturbance, shortages of labor or materials, war, or any other cause whatsoever beyond the control of Landlord or Tenant, as the case may be. ARTICLE 16: ENTIRE LEASE This Lease, together with the Attachments and other documents listed in Article 1 (WHICH ARE HEREBY COLLECTIVELY INCORPORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH), contains all the terms and provisions between Landlord and Tenant relating to the matters set forth herein and no prior or contemporaneous Lease or understanding pertaining to the same shall be of any force or effect, except for any such contemporaneous written Lease specifically referring to and modifying this Lease and signed by both parties. TENANT HAS RELIED ON TENANT’S INSPECTIONS AND DUE DILIGENCE IN ENTERING THIS LEASE, AND NOT ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE CONDITION OR SUITABILITY OF THE DUCTBANK FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER NOT EXPRESSLY CONTAINED HERE. This Lease, including the Exhibits referred to above, may not be modified, except in writing signed by both parties. Without limitation as to the generality of the foregoing, Tenant hereby acknowledges and agrees that Landlord’s leasing agents and field personnel are only authorized to show the Ductbank and potential routes and negotiate terms and conditions for leases subject to Landlord’s final approval, and are not authorized to make any Leases, representations, understandings or obligations binding upon Landlord respecting the condition of the Ductbank, suitability of the same for Tenant’s business, or any other matter, and no such Leases, representations, understanding CONDUIT LEASE Page 15 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 or obligations not expressly contained herein or in such contemporaneous Lease shall be of any force or effect. IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first set forth above. LANDLORD: TOWN OF WESTLAKE, TEXAS By:_________________________________ Thomas E. Brymer, Town Manager TENANT: Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”). CERTIFICATE I, _____________________________________, as__________________ of the aforesaid Tenant, hereby certify that the individual(s) executing the foregoing Lease on behalf of Tenant was/were duly authorized to act in his/their capacities as set forth above, and his/their actions(s) are the action of Tenant. (Corporate Seal) _____________________________ CONDUIT LEASE Page 16 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 ATTACHMENT A Entrada Duct Bank Construction Plans CONDUIT LEASE Page 17 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 ATTACHMENT B Operations approves of these procedures DUCTBANK ACCESS PROCEDURES Town of Westlake Procedure No.: 5.3 Page: NOC Procedures DRAFT Prepared by: B. Eisenrich Date: Procedure: Approved: DUCTBANK ACCESS Revision Date: Revision: 3.1.1 SCOPE This procedure defines the means and methods of access the Town’s ductbank system. 3.1. 2 RESPONSIBLITIES The Landlord or his designee is responsible for establishing, approving, and managing an organization to operate an access request system and provide escort services during tenant access to the ductbank system 3.1.3 PROCEDURE 3.1.3.1 GENERAL All access to the ductbank system must be granted through the means of an Access Request. Upon granting of access to a point in the ductbank system, an authorized representative of the Town must observe tenant access at all times. In an emergency situation Tenant, after attempting to notify the Landlord or his designee, is permitted to access the ductbank in order to begin emergency repairs without an Access Request. The Landlord or his designee will provide access within one (1) hour of notification by Tenant of the emergency condition. 3.1.3.2 AUTHORIZED ACCESS LIST The Landlord or his designee is responsible for maintaining an Authorized Access List for Tenants and Tenant’s subcontractors including emergency contact phone numbers, pager numbers, etc. The Tenant is responsible for providing up to date information, revisions, and corrections to the Landlord or his designee. CONDUIT LEASE Page 18 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 3.13.2. ACCESS REQUEST Except in an emergency situation, an access request form must be filled out and submitted to the Landlord or his designee prior to accessing the ductbank system. The access request form shall include the following: 1. Name and Company of requestor,. 2. Name of Company representing if requestor is a subcontractor. 3. Authorizing contact for Tenant. 4. Date and time of request. 5. Date and Time access is needed. 6. Reason for access. 7. Traffic control plan where access points are in or near roadways. 8. Where there is Restricted Entry, a safety and emergency plan shall be included. See Exhibit 3.1.3.-1 - Access Request Form In an emergency situation only, Tenant shall call the Town of Westlake at (817) 680- 1422. This number may be changed as appropriate by written notice to Tenant. Town of Westlake Procedure No.: 5.3 Page: NOC Procedures DRAFT Prepared by: B. Eisenrich Date: Procedure: Approved: DUCTBANK ACCESS Revision Date: Revision: 3.1.2.2. APPROVAL Once an access request is received by the Landlord or his designee, the Landlord or his designee shall verify the validity of the access request. This shall only include verifying the requestor against the Authorized Access List. If the requestor is on the authorized list, the requestor shall be granted access. If the requestor is not on the authorized Access List, Landlord or his designee shall contact the Tenant’s representative for written authorization prior to granting access. In the event of an emergency, if notice by Tenant is practical under the circumstances, the Landlord or his designee may grant access to non-authorized personnel upon verbal authorization of the Tenant’s emergency contact. The Landlord or his designee shall provide access within two (2) hours during normal business hours (8am – 5 pm Monday-Friday, excluding published Landlord holidays) and within one (1) hour during emergency restoration requirements. CONDUIT LEASE Page 19 of 19 Proprietary and Confidential Resolution 17-XX 2/27/2017 3.1. 3.4 ESCORT The Tenant’s representative performing work shall be escorted at all times by an authorized representative of the Town. The Town representative shall be responsible for witnessing that the persons requiring access work on only the proper media at the access point. The Escort may not in any way inhibit the Tenant’s employee(s) or contractor(s) from performing work. 3.1.3.5 RESTRICTED ENTRY In accordance with State and Federal Occupational and Safety Laws, access to manholes within the system is considered Restricted Entry. As such, Tenant’s representatives shall follow all State and Federal requirements for Restricted Entry. The granting of access by the Town also grants restricted access. However, the Town does not assume responsibility or liability for Tenant’s representatives’ health and welfare. Job safety is the responsibility of the Tenant’s representative’s health and welfare. Job safety is the responsibility of the Tenant’s representative. Landlord shall be responsible for maintaining the ductbank in a safe condition as well as providing a clean and safe work area within the ductbank. Town personnel are authorized to enter manholes. Town personnel will monitor work in manholes from the surface. Town personnel are prohibited from performing any maintenance, repair, or other activity to, or affecting, the Tenant’s facilities within the ductbank. 3.1.3.6 WORK ON CABLES The Town’s representative shall log all personnel involved, start time, end time and any other information that may be deemed necessary. 3.1.4 EXHIBITS 3.1.3.-1 Access Request Form 3.1.3.-2 Ductbank Access Observation Form Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Consideration of a Resolution Amending Resolution 16-20 Revising the Scope of Services for MESA Planning in the Amount of $26,500 for Additional Services Related to the New Westlake Public Art Plan. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. 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: May 23, 2016 Completion Date: February 27, 2017 Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As development, has progressed on the Entrada mixed use development, increased discussions have occurred on the need for public art in the multiple public gathering areas shown on Entrada’s approved Development Plan (Master Site Plan). These discussions have led to identifying an approach for dealing not only with public art for Entrada, but for all of Westlake. This includes identifying an approach for identifying the types of public art Westlake wishes to attract, the process for selecting those pieces, choosing the artists that would create these public art pieces, and how public art in Westlake might be funded. The Westlake Town Council adopted a public art plan on July 14, 2008, however, most of it has not been implemented due to lack of funding Page 2 of 2 and a specific plan for public art acquisition and placement (note: the FM1938/Davis Boulevard Streetscape Plan did identify locations for public art in that corridor, but the public art component of that corridor plan has not been yet implemented). At the March 28, 2016 Council workshop, the topic of creating a re-constituted public art program by engaging the services of Mr. Russell Tether, a public art expert (via a contract with MESA Planning) was discussed with the Town Council. The Council indicated at this workshop its interest in considering a contract with MESA (and thus Mr. Tether) to pursue this end. On May 23, 2016, the Council approved Resolution 16-20 which authorized a scope of work and contract with MESA Planning not to exceed $25,000 (unless said contract is amended by the Town Council) for establishing a re-constituted public art program for Westlake. This contract’s scope of work was crafted to achieve the outcome of a new, i.e. a re-constituted public art program that would establish goals, objectives, and a framework for a public art program that could be implemented Town-wide. With the adoption of the new Public Art Plan, this $25,000 authorization is largely spent. Although the scope of work authorized by Resolution 16-20 has been largely executed, additional services are needed from MESA Planning related to the new Public Arts Plan created through their initial scope of work. This resolution, if adopted, would revise this scope of work with additional tasks totaling $26,500. This revised scope of services is attached to the resolution as Exhibit A. RECOMMENDATION Recommend approval of this resolution authorizing the Exhibit A to the resolution which revises the Town’s contract with MESA Planning in the amount of $26,500 for additional work related to the new Public Art Plan. Funds are available in the Approved FY16-16 Budget for this engagement. The resolution, if approved, authorizes the Town Manager to sign this revised scope of work with MESA Planning. ATTACHMENTS 1. Resolution Amending Res. 16-20 with Exhibit A, a revised the scope of services to MESA Planning’s May 23, 2016 contract. Said revised scope of services will be to provide additional services related to the Town of Westlake’s new Public Art Plan. Resolution 17-08 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-08 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AMENDING RESOLUTION 16-20 BY REVISING THE SCOPE OF SERVICES FOR MESA PLANNING IN THE AMOUNT OF $26,500 FOR ADDITIONAL SERVICES RELATED TO THE NEW WESTLAKE PUBLIC ART PLAN. WHEREAS, the Westlake Town Council (Town Council) has identified excellent quality of life as a strategic priority; and, WHEREAS, excellent quality of life emphasizes community aesthetics which includes public art; and, WHEREAS, the Town Council has determined that the Town’s quality of life revolving around aesthetics and public art would benefit from re-constituting the Town’s public art program; and, WHEREAS, on May 23, 2016 the Town Council adopted Resolution 16-20 approving a contract with MESA Planning (MESA) with a scope of work to establish a new public art plan that sets out goals, objectives and a framework for a new Town-wide public art program; and WHEREAS, this contract approved on May 23, 2016 with MESA had an expenditure limit of $25,000 unless amended by the Town Council and its scope of services is largely complete; and WHEREAS, the Town Council is desirous of amending this scope of services with MESA for MESA to perform additional work tasks as described in Exhibit A attached to this resolution 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 with this resolution the revised scope of services described in the attached Exhibit “A” to this resolution with the additional tasks listed in this exhibit and approves an expenditure of up to $26,500 for these additional tasks and services. Further, the Resolution 17-08 Page 2 of 2 Town Council authorizes the Town Manager to execute said revised scope of services agreement with MESA Planning for this engagement on behalf of the Town of Westlake. 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 27rd DAY OF FEBRUARY 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com STATEMENT OF CONTRACT COMPLETION AND REQUEST FOR ADDITIONAL CONTRACT SCOPE As of February 27, 2017; MESA-Planning has completed work described in the “Scope of Services” portion of the contract between MESA-Planning and the Town of Westlake, authorized by Town of Westlake Resolution 16-20. Page 5 of 9 in this contract authorizes an hourly billing maximum of $25,000 (without Council authorization for additional funding). The work completed to date (within the initially approved hourly maximum) includes: A. All of Tasks: a. 1.1 Council Work Session b. 1.2 Public Art Goals and Objectives: The Art Strategy Report lays out 99 Goal Statements derived from public participation. c. 1.3 Mission Statement: The Art Strategy Report lays out 5 mission elements for Public art in Westlake d. 1.4 Meet with Land Owners (which includes a public Workshop on October 20, 2016) e. 2.1 Allocation of Art Type with Comprehensive Plan: The Workshop discussion presentation identifies the public domain opportunities and the art opportunities in each by Comp Plan Land Use Character District. f. 2.2 Public Art Framework Plan: The Art Strategy Report identifies the 4 Art Settings of Westlake g. 3.1 Works: The Art Strategy Report addresses the Competition, Art-in-Architecture and Donors. h. 3.2 Funding Strategy: The Art Strategy Report identifies funding options i. 3.3 Works Management: The Art Strategy Report identifies a governance structure and staff support for governance operations. Within the existing contract, Task 3.4 is an open-ended task created for “on-going” support of Westlake’s Public Art Initiative and would take hourly billing over the authorized amount. Therefore the matter of on-going support is something that should be considered after the substantive work of the current contract is complete. Task 3.4 will be considered at a later date when the scope of its engagement is better understood. Resolution 17-08 ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com During execution of the work specified in the current contract, it was discovered that additional tasks are needed in order to bring to Council a clear opportunity to take action on Public Art. More specifically, these tasks include: 1. Institutional Engagement and set up commitments to the Curatorial Partnership: 2. Inaugural event activity agenda and budget 3. Facilitate identification of inaugural event sponsor 4. Formulate a more detailed works management checklist. Therefore, MESA-Planning requests an expansion of the existing work scope and an additional contract for the following Scope of Work and Fee. More specifically the revised Scope of Work and Fee are: REVISED SCOPE OF WORK New Task 1a. Works Management Checklist: The Public Art Planning Team will prepare a Works Management Checklist and description of roles and responsibilities related to the on-going management of works after installation. New Task 1b. Donation support options for the Westlake Art Program: The Public Art Team will consider opportunities for donor support in light of the 4 Art Settings, the Competition process, and the Public Art Society. New Task 1b. Institutional Engagement and Commitment to the Curatorial partnership: The Public Art Planning Team will continue to build relationships with other art institutions whose participation in the Westlake Competition Program is considered important and beneficial to its success and fulfillment of its purpose. New Task 1c. Inaugural Event activity agenda and budget: Once an Inaugural Competition Event is identified, the Public Art Planning team will prepare an agenda of actions and steps associated with execution of that inaugural event and a likely budget for the event for presentation to the Town Council. New Task 1d. Facilitate identification of inaugural event sponsor: The Public Art Planning team will meet with and work with potential event sponsors in an effort to attain a commitment to sponsorship of an inaugural Competition Event for Westlake. Resolution 17-08 ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com ADJUSTED FEE The fee for work on the above specified tasks is $26,500 All hourly fee rates and conditions of the current contract between MESA-Planning and the Town of Westlake (Resolution 16-20) remain in effect. Accepted: _________________________________________ _______________________________ Town of Westlake by Tom Brymer, Town Manager Date ___________________________________________ ________________________________ MESA-Planning by Robin H. McCaffrey FAICP, AIA Date Resolution 17-08 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Consideration for Adoption of a Resolution Adopting a New Public Art Plan for the Town of Westlake. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. 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: May 23, 2016 Completion Date: February 27, 2017 Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff had begun to have conversations in 2016 with the Entrada developer’s team about public art in Entrada. Public art will be a key component of Entrada’s numerous public spaces. These discussions have led to identifying an approach for dealing not only with public art for Entrada, but for all of Westlake. This includes creating an approach for identifying the types of public art Westlake wishes to attract, the process for selecting those pieces, choosing the artists that would create these public art pieces, and how public art in Westlake might be funded. Page 2 of 2 At the March 28, 2016 Council workshop, the topic of creating a re-constituted public art program by engaging the services of Mr. Russell Tether, a public art expert (via a contract with MESA Planning) was discussed with the Town Council. The Council indicated at this workshop its interest in considering a contract with MESA (and thus Mr. Tether) to pursue this end. This contract’s scope of work is intended to achieve that outcome, i.e. a re-constituted public art program that would establish goals, objectives, and a framework for a public art program that could be implemented Town-wide. On May 23, 2016, the Council approved by Resolution 16-20 a contract with MESA Planning (with Mr. Tether as a subcontractor) to assist the Town in developing a new public art plan and approach for public art in Westlake. On October 20, 2016, following extensive public information and communication effort, a public workshop was held to gather input on what Westlake residents and businesses would like to see as a part of a public art program in our community. An update of this public input session, including proposed goals and objectives for a public art program based on this public input, was presented at the Council’s December 16, 2016 workshop. Further, next steps for drawing up a proposed public art plan were given to the Town Council at this December 16, 2016 workshop. At today’s Council workshop a draft public art plan for Westlake was presented for Council discussion, input, and direction. It should be noted that the Westlake Town Council adopted a public art plan on July 14, 2008, however, most of it has not been implemented due to lack of funding and a specific plan for public art acquisition and placement (note: in addition to the 2008 public art plan, the FM1938/Davis Boulevard Streetscape Plan did identify locations for public art in that corridor, but the public art component of that corridor plan has not been yet implemented). The Town’s previously adopted public art plan was furnished to MESA Planning as background and foundational information for development of a new public art plan. RECOMMENDATION Recommend approval of this resolution adopting this Westlake Public Art Plan dated Jan. 5, 2017. ATTACHMENTS Resolution with Westlake Public Art Plan dated January 5, 2017 attached as an exhibit to the resolution. Resolution 17-09 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-09 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A NEW PUBLIC ART PLAN FOR THE TOWN WHICH ESTABLISHES GOALS, OBJECTIVES, AND A NEW FRAMEWORK FOR A TOWN-WIDE PUBLIC ART PROGRAM. WHEREAS, the Westlake Town Council (Town Council) has identified excellent quality of life as a strategic priority; and, WHEREAS, excellent quality of life emphasizes community aesthetics which includes public art; and, WHEREAS, the Town Council has determined that the Town’s quality of life revolving around aesthetics and public art would benefit from re-constituting the Town’s public art program; and, WHEREAS, the Town’s adopted 2008 Public Art Plan has proven to be a valuable foundation and tool for creating a new public art plan based on feedback and expertise available now; and WHEREAS, the Town Council retained the services of MESA Planning to prepare a new public art plan for the Town which included soliciting public input at a widely advertised public input session; and WHEREAS, the Town Council is desirous, after going through this extensive months’ long process of input and preparation of a new updated plan, of adopting this new Public Art Plan which is described as Exhibit A to this resolution; 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 with this resolution the new Westlake Public Art Plan attached as Exhibit A to this resolution, with said new Public Art Plan to apply to Westlake on a Town-wide base and replacing the 2008 Public Art Plan. Resolution 17-09 Page 2 of 2 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27rd DAY OF FEBRUARY 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney WESTLAKE PUBLIC ART A STRATEGY FOR ART ROOTED IN THE SPIRIT OF PLACE AND EXECUTED IN PARTNERSHIP WITH THE LARGER ARTS COMMUNITY PREPARED BY MESA-PLANNING RUSSELL TETHER FINE ART SUE CANTERBURY JANUARY 5, 2017DRAFT DRAFTTABLE OF CONTENTS ASSESSMENT .................................................................................................................................................................... 3 PROGRAM GOALS AND OBJECTIVES ...................................................................................................................... 18 STRATEGY ......................................................................................................................................................................... 31 NEXT STEPS ...................................................................................................................................................................... 48 3 ASSESSMENT 4 ASSESSMENT In the Summer of 2016, the Town of Westlake engaged MESA-Planning to prepare a strategy and plan for a “Westlake Public Arts Program” that was consistent with the vison of the newly adopted Comprehensive Plan (Forging Westlake, Comprehensive Plan Update, Town of Westlake, 2015) and builds upon earlier work present- ed in the 2008 Master Plan for Public Art in Westlake. As a starting point for this assignment, it is useful here to access the above referenced documents in terms of how they call for (or inform) a public Art program…and… assess the general relationship between Westlake and Public Art to date. Therefore, the following Assessment focuses on three areas of investigation as follows: Westlake and Legorreta’s Art: In 1989, the New York Times published an important article that placed Westlake apart from most other communities of the Dallas/ Fort Worth Metroplex. This article, entitled “ARCHITEC- TURE VIEW; I.B.M.’s Urbane New Place in the Sun in Texas”, was written by the famous architectural critic of the New Yorker Magazine, Paul Goldberger. Huffington Post has cited Mr. Goldberger as “arguably the leading figure in architectural criticism”, making it noteworthy that the little-known Town of Westlake would bring out such powerful commentary. In his lengthy article about the recently completed Solana project, Mr. Goldberger pays significant attention to Solana’s monumental 100 ft. pylons. Citing the pylons, Paul Goldberger states: “Mr. Legorreta’s pylons are not as pure as a piece of sculpture as they might first seem to be. For the Texas road- scape is filled with pylons, most of which support signs for car dealerships and fast food restaurants, and the motorist driving along Texas freeways is used to seeing a forest of tall, thin objects. What Mr. Legorreta has done is abstract these pylons, turn them into visual events themselves rather than supports for signs, and give them the vibrant palette of Mexico. In a single gesture he has given Solana a monumental civic sculpture, and identi- fiable landmark, and an object that relates to both the suburban sprawl of Texas and to the larger architectural traditions of the Southwest.” While the brooding pylons that sat in a vast and undeveloped landscape are indeed sculptural, it can be said that much of the Solana is sculptural. Void of specific style reference and ornament the heavy stucco walls provide a plane into which door and window openings are cut to a depth that produces conspicuous shadow and renders a light-to-dark interplay as well as a manipulation of form that can only be appreciated if viewed as a sculptural intent. Ricardo Legorreta worked in the tradition, and philosophical perspective of his mentor, the famous Luis Barragan. A research paper written for Universidad Autonoma Metropolitana, Mexico City states the following about Mr. Barragan (note how well it can also describe Solana): “Luis Barragan´s Architecture has been recognized by its aesthetical and philosophical values. However, his proposals have a deeply rooted regional and tradition- al knowledge. For Barragan, the existence of an in- ternational or even national architecture was absurd, because every region had to generate its architecture rooted in its time, culture, traditions, climate and materials. Barragan’s approach to design comprehends all levels from the urban planning to interior details. A strong emphasis was given to the natural environ- ment and the cultural context. There are several relevant issues related to passive design that we can identify in his work” The sentiments driving Barragan and Legoretta were simply the sentiments of the artist, making Solana’s pres- ence in, and relation to, Westlake one of art-to-its-environment. It is interesting to compare the above descrip- tion of Barragan’s philosophy to the goals and objectives that came out of Westlake’s Public Art Workshop (Octo- Barragan’s Casa Gilardi 5 ber 20, 2016), the statements flowing from the citizenry of Westlake and the philosophic perspective flowing into the design of Solana suggest that the presence of this commercial village has had a profound influence over time. Therefore, it can be said that Westlake’s venture into the relationship between place and Public art began with Solana and the legacy of legendary designers passed along through the edifice they created has given Westlake a unique understanding of the role of Public Art and a unique appreciation for what can be truly great. Previous Public Art Plans and Studies: There are 2 planning reports (other than the 2015 Comprehensive Plan Update) that discuss public Art. These are the 2008 report (“Creating Culture, Connecting Community A Master Plan for Public Art in Westlake” by the Westlake Public Art Society) and a consultant report (“F.M.1938 Corridor Master Plan, Town of Westlake” by SRA and Townscape). The Public Art Society document (hereinafter PAS Report) is the most comprehensive of the two and the one that has created a legacy of organizational infrastructure that must be considered in this effort. The report was produced by the Westlake Public Arts Society, which is an outgrowth of the Town estab- lished Public Art Committee (established by resolution in 2007 with an appointment of members) and changed in 2008 to a membership based Public Art Society. The PAS Report starts with a brief recognition of the profound influence of Solana and describes the opportunity Westlake enjoys as a result of this history and present (2008) context as follows: “We have [an] opportunity now to establish Westlake as a Community of the Arts, not content with plain vanilla architecture, not content with uninspired public spaces, and not content to be ordinary in any way.” This statement closely parallels the sentiment of the partic- ipants in Westlake’s Comprehensive Plan Process who saw Westlake as more than a suburb, having unique identity and unique community. The PAS Report parallels the above description of Solana’s lingering influence (Westlake and Legoretta’s Art) by stating that Westlake “has established an identity as an artistic com- munity by the example set by Solana”. For the most part, the PAS Report is about the Public Art Society itself, laying out a vision, guiding principles, a framework of activity areas where the Society will be active, and discussion of Society respon- sibilities in management and operation of an Arts Program. Basically, the PAS Report views the Public Arts Society as the central focus of art related activities of the Town (composed of Residents, Area Employees, Students, Visitors, and Prospective New Businesses) and those who would place Art (the Town and Private Developers). In this central position, the Public Arts Society envisions outreach (to artist and institutions), education, initiating and selecting work, funding, and conser- vation/ maintenance of works placed. Therefore, the plan is a working document for the Public Arts Society who will follow with more detail about the art itself. The Guiding Principles portion of this document contains a statement of Art Purpose (e.g. Provide an example to the children …), Society Action (e.g. Ensure that the artistic experience is available…), desired characteristics of art (e.g. Encourage art that is interactive), and Programmatic Initiative (e.g. Provide that Public Art will be a Page 11 PAS Report 6 key component to all public improvement). Much of what is laid out as a guiding principal is closely parallel to inputs received from the October 20, 2016 Public Art Workshop, meaning that the sentiments about art itself, laid out in 2008, are generally consistent with views held today. Also interesting is that the “Locations of Art” discussed on page 16 of the PAS Report generally parallels ME- SA-Planning’s subdivision of Westlake into 4 primary art contexts. Mesa-Planning identifies 4 art settings (the Regional Commercial setting, the Open Space setting, the Town setting, and the Pastoral setting, see page 22). Similarly the PAS Report identifies major commercial development tracts (similar to MESA’s Regional Commer- cial), Portals and Gateways (similar to MESA’s Town), Trails and other Open Spaces (similar to MESA’s Open Space), and discussion of placement in residential development (similar to MESA’s Pastoral). Therefore, the Pub- lic Art Framework Plan produced as a result of the October 20, 2016 Public Art Workshop is consistent with the PAS report view of likely art contexts. The PAS Report makes recommendation of various ordinances and policies needed to put the Public Art Pro- gram (administered by the Public Art Society) into action through enforcement and funding. These ordinances tend to organize around the notion of creating a place for the integration of art into the various financial ac- tivities and commitments of the Town. This section of the report also seeks to set the Public Art Society up as a 501C-3 in order to offer greater appeal to potential donors. The extent to which public funding sources can be engaged and the extent to which a 501 C-3 competes with other City sponsored donor targets (e.g. Westlake Academy) needs to be evaluated in light of a broader organizational infrastructure proposed by MESA-Planning. The primary relationship between the Public Art Society and Artist is established through an Artists Registry as the PAS report states: “The Registry will be a mechanism for gaining exposure for these artists with links to their websites, biographies, or examples of their work. Through the creation of this Registry, we hope to be able to build relationships with many different types of artists…” This registry would provide the Society with a network of artists to whom the Society can issue a “call to Artists” and solicit project proposals for projects identified by the Society in accor- dance with certain criteria (published within the report). The relationship created by the registry identifies a pool of talent available to the Society for projects. Therefore, a lot of burden is placed upon the Registry to be current, inclusive, and representative of emerging, as well as established, trends. On-going Community Participation in the Westlake Arts effort is a responsibility of the Society, which it accom- plishes through: • Public notice of Society meetings • Public posting of calls to artists (by the Society) • Annual membership drives • Promotion of Regional Art Events • Mailings, e-mail communications, and notices of Society events • Annual meeting on National Arts Advocacy Day • Periodic presentations at City Hall As a result of the Comprehensive Planning Workshop process, the above list of Public Participation initiatives must add processes by which the public is more of an advocate and has more influence in program guidance. Finally, the 2008 PAS Report lays out a three-pronged funding strategy which seeks to earmark a portion of pub- lic funds for Public Arts purposes. In addition, the funding strategy recommends that the Society raises funds internally through grants, membership sales, and donations. With the exceptions of donations, these proposals may not raise sufficient funds for a Town scale program. Therefore, some additional funding strategy is needed 7 to come in behind these sound recommendations with additional funding potential. The 2008 PAS Report, adopted by the Town, lays out many recommendations, policies, strategies, and criteria that the 2016-2017 Public Art Program must implement, refine, and/or otherwise build upon. Thanks to this comprehensive effort, the strategy recommended in this report stands on a solid foundation. In addition to the 2008 PAS Report, the Town of Westlake also adopted a Master Plan for FM 1938. The FM 1938 Report is basically a design plan for Davis Street as it traverses Westlake. The document establishes an Urban De- sign vernacular for street scape and street elements which speak to the “rural character” of Westlake. The Design Palette recommended consists of: • Native sandstone • Native fossilized limestone • Large river cobbles • Hand wrought iron • Color accents • Texas native trees, shrubs, and grasses in bold rhythmic patterns • Pure geometries – timeless classic forms • Westlake brand repeated in architecture and hardscape elements FM 1938 is a TxDOT highway and, as a result, imposes certain restraints upon use of the ROW that are guided by TxDOT standards. Therefore, the use of streetscape elements must allow compliance with such standards and also blend with the future streetscaping of non-TxDOT roadways. The concept depends on the use of repeated elements and thematic forms that create the desired continuity. Much of the palette items and their expression of rural character were derived from public participants in a 2009 Public Workshop Public Art is one of the final items considered in the FM 1938 Master plan as FM 1938 is viewed as an oppor- tunity for Public Art. Public Art is viewed as important to enhancing the visual interest of the corridor and the report states that such art should complement the design vocabulary in terms of color, form, materials, and char- acter. However, the purpose of this art needs to be further advanced and the means by which it will be selected and attained must seek to impose criteria of compatibility, as suggested. Therefore, such criteria for compatibili- ty must be brought to the process of producing the art work. Herein is an important aspect that the current effort must build upon. The 2015 Comprehensive Plan Update and its call for Public Art: MESA-Planning was engaged to advance Westlake’s Public art initiative because the initiative itself is an aspect of Comprehensive Plan Implementation. To date there are 6 major Comprehensive Plan implementation initiatives being conducted. These include: 1. Transfer of Development Intensity ordinance: A proposed ordinance which endeavors to achieve future increase in development intensity (the magnitude of use permitted within a PD), accomplished through the severance of such intensity from one part of the Town (known as a Sending District) to another part of the Town (known as a Receiving District). Through such a process of “redistribution” of development intensity, properties may acquire increases in development intensity, more appropriate for the value prox- imities that the property possesses, without increasing overall vehicular trip volumes associated with the current level of Town wide entitlement…a prevailing concern of the Forging Westlake, Comprehensive Plan Update, Town of Westlake, 2015 8 2. Development Policies Ordinance: A proposed ordinance which establishes procedures, criteria, and inclusions for the administration of zoning requests, concept plan review, development plan review, site plan review, and Transfer of Development Intensity. Through these policies, the Forging Westlake, Com- prehensive Plan Update, Town of Westlake, 2015 is fully integrated into the development review process and there is an overall uniformity in the application of city policy over time. 3. Building Quality Manual: A key component of value protection (as set forth in the Comprehensive Plan) that assures sustenance of Westlake’s unique high end sub-market distinction. The Building Quality manual addresses Design, Materials, and Workmanship of the Town’s built fabric. 4. Development Administration and Management staff and procedure: Administrative establishment of review procedures for consideration of zoning, concept plans, plats, development plans, site plans, and requests for Transfer of Development Intensity that assure consistency and uniformity in the application burden and review time frame faced by any applicant, as well as comprehensive consideration of the rele- vant issues. 5. On-going Development Design Review: The focused design review of proposed development within the Town intended to assure quality, promote continuity, perpetuate aspects of Township identity, and pre- serve natural/cultural character. 6. Westlake Public Art Plan and Strategy: An event oriented strategy that will bring the essence and charac- ter of Westlake to the artist as inspiration of the work to be placed within the fabric of the Town. Through the above described six initiatives, Westlake is putting its Comprehensive Plan into action and using the vision of the plan to give form to the future of the Town. The relevance of the Comprehensive Plan to this implementation effort can be seen in the following discussion of relevant plan components: Comprehensive Plan Goals and Objectives: The Forging Westlake, Comprehensive Plan Update, Town of Westlake, 2015 (hereinafter the Comprehensive Plan) was formulated in conjunction with a robust public participation process and fully engaged citizen steer- ing committee. Within this participatory structure, the first activity was to establish guiding goals and objectives around which the Public Arts initiative will be formulated. Comprehensive Plan Workshop 1 and a portion of Workshop 2 was devoted to dialogue about goals and objectives that would inform the future built-out Town- ship. Many of these goal and objective statements identify outcomes which are particularly well suited to public art and consistent with the type of sentiment reflected in the 2008 Public Arts Plan and the FM 1938 Master Plan. These statements include the following excerpts from the Goals section of the Comprehensive Plan docu- ment: • Visual Image (pg. 12) Goal Statement 1.1: “Create Development Standards defining features of development that promote and preserve the picturesque and pastoral qualities of Westlake…” A particular feature of development in this case is public art which can derive its form and features from the rural landscape that the development is replacing, thereby remembering the past for future generations. This was a sentiment brought out in the October 2016 Public Art Workshop (see Program Goals and Objectives). • Visual Image (pg.123) Goal Statement 2.6: “Promote non-residential office development that hosts a significant ground plane of pedestrian features and 9 visual amenities…” Public Art is an essential amenity of an urbanized condition such as the Regional Commercial sectors of Westlake. • Visual Image (pg.123) Goal Statement 2.11: “Promote the continued creation of environmental, cultural, educational, and visual assets for Westlake in all private and public development ” Public Art is an essential cultural, educational, and visual asset. • Visual Image (pg.123) Goal Statement 2.13: “Promote a special freeway scape identity for Westlake where it lies on both sides of the freeway ” When freeway non-residential forms tend to be similar, public art is essential to establishing a “difference”. • Quality of Life (pg.123) Goal Statement 1.2: “Develop strategies that encourage and inspire commercial development to incorporate visual qualities re- flective of Westlake’s rural-like-setting ” Public Art has the unique ability to “remember the past” as well as interpret it by demonstrating its influence on the present. • Quality of Life (pg.123) Goal Statement 1.3: “Preserve Westlake’s sense of slow paced life as it develops by promoting experiential and visual characteris- tics associated with the current non-encroachment condition” Public Art has the unique capability to be experienced and thereby a unique capability to accomplish the intent of this goal. • Urban Form (pg.124) Goal Statement 1.3: “Maintain Westlake’s sense of separation from surrounding typical commercial and residential development ” Public art can be a strong aspect of differentiation. • Accessibility (pg.124) Goal Statement 1.1: “Make pedestrian movement from neighborhoods to desired destinations within Westlake more convenient- ly accessible, easily identifiable… ” The trail, trail markers, trail heads and other aspects of the trail system call for legibility which can be facili- tated by the artful handling and should be treated as art. • Vehicular Circulation/Traffic (pg.125) Goal Statement 1.9: “Manage traffic to prevent traffic congestion through the use of traffic calming measures where appropri- ate…” Public Art can be a traffic calming measure when properly designed and placed. • Education (pg.127) Goal Statement 1.1: “Create Improve and promote Westlake’s growing reputation as a community of educational excellence and 10 educational opportunity” Public Art is an educational medium which can expand human understanding through experience and inter- pretation. • Education (pg.127) Goal Statement 1.2: “Expand educational opportunities to additional schools (such as preparatory schools and venues…)” Public Art is an educational venue and one where the artist (as well as the art) can teach. • Water Ways, Water Bodies, and Natural Systems (pg.127) Goal Statement 1.2: “Maximize the potential of present and future lakes and water courses to enhance the value of residential and non-residential property” Value is created by the water feature if the water feature influences and defines context of place. Here, Public Art derived from the presence of water is instrumental. • Parks and Recreation (pg.128) Goal Statement 1.2: “Provide recreational opportunities that are more undeveloped passive open spaces that serve less intense and contemplative activities…” Public Art can engage the viewer in ways that are more contemplative and less intense than developed recre- ational facilities. These Goals Statements from the 2015 Comprehensive Plan and the diagram below reveal the importance of Public Art as a means of achieving one of the central visions of Westlake citizen participants in the Comprehen- sive planning process…namely preservation of value. In this diagram, Public Art is one of a host of initiatives aimed at accomplishing this objective. Parallel objectives include: Education, Open Space and Parks, Quality of Design and Construction, Specialty Development, and Preservation (both natural and cultural). The common effect of all these initiatives, including Public Art, is to enhance “differentiation” wherein differentiation has then following components: identity, quality of life, community, and beauty. Therefore, Public Art builds upon the goals brought forward by Westlake’s citizens during the Comprehensive Plan process AND is an instrumental strategic component in the larger strategy aimed at achieving the stated goals. 11 The Framework Plan: Based upon the Goals and objectives produced by citizen participants in the Comprehensive Plan Public Work- shops, the consultant team constructed a diagrammatic expression of these statements in an array of linkages, pathways, districts, focal points, edges, portals, and landmarks…called the Framework Plan. The Framework plan is central to the Comprehensive Plan itself as it provides a spatial template influencing the formulation of the 8 plan elements (Land Use, Thoroughfares, Parks/Open Space/ Trails, Urban Design Structure, Housing, Economic Development, Public Facilities, and Storm Water Conservation). The Framework Plan as the template for the Plan vision is also, therefore, a central influence on the placement and purpose of Public Art. As a spatial mosaic of cognitively meaningful features (such as focal points), this plan defines experiential contexts for art. The framework plan was derived from an analysis of views (the primary and defining feature of Westlake). View access and view type is associated with certain geographic areas of the Town which are, in turn, associated with certain land uses, making the “view” an important determinant of generally understood districts within the Townscape. The Framework Plan captures this importance by defining districts derived from views and knitting them to- gether with cognitive elements (such as links) and creating a single sense of “Township” out of multiple natural and land use settings. This Framework Plan is pictured below with the earlier described view analysis superim- posed over it. Note that it defines 5 district settings (called communities): Open Space, Pastoral Community, Town Community, Viewshed Community, and Regional Community. These 5 communities are, in essence, dis- tinctive settings which comprise the fabric of the Township. These settings can receive art in different ways and for different purposes, suggesting that the Public Art Program for Westlake must be like Westlake itself: multi-di- mensional, multi-purposeful, and more complex than simply the placement of tasteful work. 12 The Plan Elements: The above described Framework Plan was the template upon which the 8 plan elements of the Comprehensive Plan document were built. Each of these plan elements defines locations and zones and thereby, defines opportu- nities for Public Art. More specifically, the Plan Elements and their relevance to Public Art include: The Land Use Plan: The Land Use Plan presented in the 2015 Comprehensive Plan builds upon the Framework Plan and View Anal- ysis (described above), therefore, the built characteristics of Land Use should reflect the influence of the Com- munity Type (defined in the framework plan) and View Condition (defined in the View Analysis) as engaged by proposed development. Community Type expresses the desired built character of Land Use that should be mani- fest in the development of existing entitlements. View Condition expresses the magnitude (density and height) of Land Use that preserves vista. Therefore, the Land Use Plan in Westlake’s Comprehensive Plan is appropriate for a Town that is 100% zoned because it focuses on built characteristics instead of zoning classification. Thereby, it manages build-out of zoning already established by guiding required plan review and/or potential amendment to the existing PD entitlement. To accomplish the above described purpose, the 2015 Comprehensive Plan Land Use Plan defines 8 Character District Types as follows: • Open Space Character District: This district contains much of the geological break between Westlakes’s uplands and lowlands as well as much of the identifying landscapes, natural features, and waterways within it. • Pastoral Character District: This district contains most of Westlake’s residential development which con- sists of large homes situated on large landscaped lots. The overall character is one of a dominant landscape and houses arrayed within it. • Commercial Community 3 Character District: This district contains mostly lower density, lower height, campus style non-residential development that is appropriate for residential adjacency. It also can contain transitional housing that further defines the relationship to existing residential areas. • Commercial Community 2 Character District: This district establishes a transition from freeway and freeway related development to residential and lower density non-residential areas within the interior of Westlake. This community may have higher density but it also responds to location within characteristic view sheds with lower height. • Commercial Community 1 Character District: This district defines the freeway frontage in those areas lo- cated within the prevailing view shed. Therefore height is an issue as well as appropriate response to the high value freeway corridor. This area will be more urban than Commercial Community 1 or 2. • Town Core Character District: This district is a context district that supports the Town Common Char- acter District. This means that it supports the viability of the Town Common through supporting hospitality, entertainment, and office uses. The Town Core District is also a transitional district that transitions from the Regional Commercial areas (north and west) to the Town Common and Community Commercial areas 1 and 2 (generally to the south and east). Portions of the Town Core District lie within different view settings which impacts the appropriateness of building intensity and height. • Town Common Character District: The Town Common District is intended to be the hub of “Town” 13 activities which converge upon a pedestrian friendly environment. The Westlake Academy borders the Town Common. In addition, the Town Common contains one of Westlake’s most dramatic “landmark landforms” which overlooks the heart of the Regional Commercial District. The urban-ness of the Regional Commercial District transitions to the Town Common through the Town Center District. • Regional Commercial Character District: This district is the most intense commercial district in West- lake. It is viewed as the primary Receiving District for the proposed movement of entitled square footage out of the Community Commercial Districts (making them more suitable for their residential adjacency). The Land Use Plan (pictured below) incorporates these 8 Character Districts and further breaks them down into 16 final zones depending on the relationship of the character district to a specific view condition. In this way the Framework Plan is fully implemented in the Land Use Plan. Because the Land Use plan is a mosaic of character settings with specific purpose and development pattern, it defines locations where art of certain types is more or less appropriate. Also, much of the specific character described (pastoral, campus, open space, urban) can be more clearly expressed by and through public art. 14 The Thoroughfare Plan: The Thoroughfare Plan (pictured below), identifies connections (arrow heads) and linkages (dotted lines) needed to accommodate a portion of the total traffic potentially generated by the total entitlements that have been ap- proved by the Town of Westlake as of the date of the Comprehensive Plan. To accomplish this, the Thoroughfare Plan created a “thoroughfare system” comprised of 3 types of roadways: Regional Arterials, Town Arterials, and Pastoral Collectors. Each of these roadway types presents a distinctive streetscape and thereby presents a visually unique “public domain” within which Public Art can be a primary means of distinction and enhancement as well as a means of legibility and orientation. Therefore, implementing a visually distinctive system that communi- cates location within it, calls upon Public Art as an important visual feature. 15 The Parks, Open Space, and Trails Plan: The Parks, Open Space, and Trails Plan (pictured below) subdivides the Open Space Character District (defined within the Land use plan) into 4 sub-zones: • Recreation Open Space • Connected Open Space • Natural preserve • Rural Ranch Landscape • Areas of Sensitivity The Parks, Open Space, and Trails Plan further locates key park types which include: • Mini/Urban Parks • Community park • Neighborhood park • Landmark landform • School park • Town Common As a result of the above referenced demarcations, another layer of settings and conditions is established which present unique opportunities for Public Art which can make the setting more: • Pleasurable • Comprehensible • Memorable • Educational • Distinct In addition, the Parks, Open Space and Trails plan contains a Trails component which lays out a network of Regional Trails, Town Trails, Neighborhood Trails, Nature Trails, Trail Interpretative Stations, Major and Minor trail intersections, and Trail Hubs. The legibility of this system and one’s orientation within it will necessitate the incorporation of Public Art in the creation of signage, landmarks, and functioning features 16 The Urban Design Structures Plan: The Urban Design Structures Plan (pictured below) established a design vocabulary for streets, intersections, trails and sidewalks, edges, arrival and focal points, active public spaces, major gathering spaces, minor gathering spaces, passive public spaces, conservation open spaces, public facilities, and on-site open spaces which is in- tended to create identity, continuity, orientation/legibility, and convey quality. The Town Design Structure plan is pictured below and shows the framework upon which the design vocabulary is executed. Each of these distinc- tive elements is further distinguished through the integration of Public Art. The diversity of design settings will necessitate that the design of elements within that setting be approached as “public art.” The Facilities and Town Hall Plan: The Facilities and Town Hall Plan (pictured below) identifies the need for and suggested locations of primary Emergency facilities and Municipal Service Facilities. Each of these locations constitutes a significant public space. In the history of human settlement, such spaces have becomes the prime locations for public art, espe- cially art that commemorates history and expresses public value. Therefore, Westlake’ s ascendency from rural hamlet to significant Town will be told in the Art its public spaces present 17 The Storm Water and Water Conservation Plan: The Storm Water and Water Conservation Plan presents a best practices manual that will move Westlake in the direction of greater sustainability. However, it is clear within this plan that every naturalized drainage structure and other water saving/ enhancing measures are opportunities for such things to be done in artful ways. The Housing Plan: The Housing Plan seeks to create sustainable housing-submarkets within Westlake, thereby, preserving the high value of existing sub-districts while also accommodating future shifts in Westlake’s population. As presented in the 2008 Public Art Society Report, housing developments present an opportunity for distinctive public art that can further define distinctive housing settings and help mitigate increasing encroachment from Southlake and Keller sub-markets. The Economic Development Plan: The Economic Development Plan is a strategy for economic cluster formation around a Financial Services Indus- trial Cluster. The “higher end” nature of this cluster (populated by corporate headquarters and office campuses) is prime for the development of “corporate estates”. Such a setting is a rare opportunity for public/ private part- nership for the arts. In addition, art is a central expression of the wealth of this cluster and therefore, an import- ant feature of the corporate estate. The extent to which Westlake itself distinguishes its Township with important art and a commitment to the arts advances the “selection desirability” of Westlake as a location for Financial Services. Therefore, advancement along the “wheel of economic development” as presented in the Economic Development Plan is greatly facilitated by Public Art. Public Art is an important component of various Econom- ic Development Initiatives which include: • Identity • Amenity • Association • Education • Land use Context • Target Marketing Conclusions: The above assessment demonstrates that Public Art is part of the Character, Identity, Consciousness and Vision of Westlake, starting with its history of Solana and extending into the future envisioned through the 2015 Com- prehensive Plan. Therefore, the following text sets forth a strategy to fulfill this legacy as Westlake Builds its future. The assumptions of this assessment were ratified in an October 2016 Public Art Workshop with action oriented statements that become the basis of the strategy recommended herein. At this point, it is clear that this strategy is serving a mandate for action already put forward over the history of this Town and building upon significant Public Art related work already accomplished. 18 THE PUBLIC ART WORKSHOP AND PROGRAM GOALS AND OBJECTIVES 19 THE PUBLIC ART, PUBLIC WORKSHOP On October 20, 2016 MESA-Planning conducted a public workshop at Westlake Academy for the purpose of ac- quiring citizen affirmation of a public art program and direction as to the nature of the program itself and what it should accomplish. In order to conclude with the affirmation and direction sought, it was necessary to organize the Public Art workshop as a continuation of earlier Comprehensive Planning Workshops and build from the basics of consensus attained therein. Therefore, the Comprehensive Plan Land Use Plan became the source from which the Workshop Framework was derived. As the previous Assessment of the Comprehensive Plan illustrates, the Plan document is brimming with oppor- tunity for art that remembers the past, protects/remembers/amplifies the natural and rural mosaic, and external- izes community. All three areas of accomplishment are tied to the unusual and dramatic landscape of the Town. Straddling the uplands extending north from Keller and the lowlands extending south from Trophy Club, West- lake hosts the geologic break occurring at the confluence. This break is characterized by landmark landforms that rise up south of 114 and north of Dove Road. This “land phenomenon” shapes and defines the cherished and characteristic views from and to the Town, defines basic areas of land use, and constitutes the primary expe- rience that is uniquely Westlake. Therefore, for Art to have any productive effect on advancement of the vision of the Comprehensive Plan, it must be responsive to, engage with, and derive from this unique and complex land- scape. In light of the above, it was necessary to orchestrate a Public Workshop that: 1. Talks about art in the context of the land, landscape, and the town fabric it creates 20 2. Talks about art in terms that are useful in guiding the program being formulated instead of talking about the art itself. Art in the Context of the Land, Landscape, and Town Fabric: The previous Comprehensive Plan Assessment summarizes the extent to which the Planning Framework Plan and Land Use Plan were shaped by a responsiveness to the “view settings” of the Town and explains how impo- sition of the view settings over the landscape defined a Planning Framework consisting of 5 community types (Open Space, Pastoral Community, Town Community, Viewshed Community, and Regional Community). The Map below illustrates the framework as it related to a superimposed View Analysis. Note that the framework in response naturally subdivides with the 114 frontage comprising the lowlands (the area of most intense commercial development) and the areas “viewed-to”, the land mostly south of Dove Road comprising the Highlands (the area of most continuous residential development) and the area “viewed-from”, and the transition between Upland and Lowland being the area of “Town” related residential/ non-residential de- velopment as well as open space which seeks to preserve the more sensitive “ecotone”. The relationship between clear landscape context and land use is truly unique and distinctive of Westlake. Because of this unique land/ land use association it can be said that as Westlake grows in accordance with the Comprehensive Plan Land Use plan, the Town will evolve 4 primary contexts which will be 4 primary “Art Settings.” Each of these distinctive landscape/ built-scape settings of the Framework plan presents a unique opportunity for, and challenge to, public art…if that art is to support, advance, and otherwise be responsive to the Compre- hensive Plan. Therefore, the Comprehensive Plan Framework defines not only community types but “art set- tings” within the Town. The following map is the Public Art Framework brought to the Public Art Public Work- shop which places people in the art settings as a perspective from which to have discussion. 21 Note that the above map is labeled “Break-Out Groups.” The participants were asked to assemble in smaller discussion groups (called “break-out groups”) after hearing a general presentation on Public Art and example purposes that Public Art serves within a community. By allowing participants to view the topics of conversa- tion from within a particular “art setting” the dialogue was more focused on how art relates to the setting, what influence it has on development within it, and the purpose it serves for the larger community. Attendants at the Public Art Public Workshop were evenly distributed among the 4 “Art Settings” portrayed above and held dis- cussion within the breakout group for about an hour. Discussions within the breakout group and viewing the topic of art within the characteristics of that setting naturally directed the conversation away from art objects and toward art performance and relationships. This kind of discussion is far more productive in generating statements that can guide the operation, mission, and administration of the Public art strategy (yet to be devised). The workshop based on the 4 art settings promoted a discussion of the “purpose” of art and avoided the preferred aesthetics in art. The Purpose of the Art rather than the Art: In order to further facilitate robust discussion about the purpose of art in any of the Town “Art Settings”, the presentation which preceded the breakout group discussion explored art purpose and effect. The presentation was given by MESA-Planning, Russell Tether Fine Art, and Sue Canterbury (Associate Curator of American Art at the DMA). The presentation contained 3 parts: Part 1: The reality of perception (Russell Tether) which discussed the attributes of “greatness” and “masterpiece” and revealed the implications of striving for anything less. The presentation explored critical elements/ consider- ations in developing a Public art program and presented benefits of a successful effort. Part 2: Creative Place Making: A Union of Art and Environment (Sue Canterbury) which discussed the transfor- mative power of art and presented possibilities/ effects of good art. Possibilities were explored through a presen- tation of successful, innovative, and impactful examples of Public art. 22 Part 3: The Purpose of Public Art in Westlake (Ashley Shook and Robin McCaffrey) which discussed the inev- itable evolution of the above described “Art Settings”, the opportunities for art in each setting (giving broader definition to the notion of domain within which Public Art can be effected), and example purposes of Public Art in the landscape and human settlement. Attention was given to the close parallel between the effect Public Art can have in Westlake as it anticipates the yet to evolve Township and the effect Public Art had on Rome under Pope Sixtus and his Plan for Rome which used public art to shape and give form to the city that has evolved. Westlake is again unusual among cities and townships of the Metroplex as it has a unique opportunity to be informed by its art in ways that most cities can- not. Westlake has an awareness to guide the art fabric the way it guides the other built fabric, it has an opportuni- ty to make Public Art a broad issue that reaches to the treatment of the following within each Art Setting. 1. Regional Commercial Setting • Skyline • Regional Roadways and associated Grounds • Plazas • Lakes • Pedestrian Walkways and Pedestrian Streets • Hubs/ points of confluence/ convergence • Monuments and Signage 2. Town Open Space Setting • Hilltops • Preserves and parks • Trails and trailheads • Waterways and lakes • Plant communities • Rural Heritage fabric 3. Town Setting • Town Roadways and associated grounds • Campus grounds • Hilltops, waterways, lakes • Activity focal points • Trails and trailheads • Walls and fences • Gates and entries, including entry structures • Parks 4. Pastoral Setting • Pastoral Collectors and associated grounds • Walls and fences • Entries • Trails and Trailheads • Common areas • Sidewalks For each of the above listed settings and opportunities within the setting, there is a purpose that Public Art here should endeavor to serve. Example purposes given to spur discussion include: 23 1. Landmark Demarcation: Art used for the purpose of setting a place, feature, center of activity…assigning location. 2. Focal Definition: Art used for the purpose of claiming space for activity…identifying center. 3. Portal Definition: Art used for the purpose of identifying entry, place of beginning…a frame for experi- ence. 4. Sub-market Association: Art used for the purpose of communicating sequence…announcing something forthcoming…position relative to other places. 5. Commemoration: Art used for the purpose of remembering, honoring, portraying, interpreting an event, place, personality, tradition, time, etc... 6. Interaction/. Communication: Art used for the purpose of engaging the viewer/ participant in an experi- ence. 7. Translation: Art used for the purpose of enhancing understanding or making something heretofore un- perceivable…perceivable. 8. Interpretation: Art used for the purpose of presenting something known or familiar in new terms…new insight…new aspect that expands comprehension/ experience. 9. Preservation of Conservation: Art used for the purpose of protecting or carrying forward an aspect of the present in the face of change. 10. Expression of Public Values: Art used for the purpose of establishing, affirming, and transferring the aspects of character, accomplishment, and collective consciousness that are valued by the community and distinguish it within the larger commonwealth of townships and cities. After presentation of the above described information, workshop participants gathered in smaller discussion groups, one for each of the “ART SETTINGS” mentioned above. Discussion within each group lasted about an hour. Each group had a “scribe” that captured key statements on a “flip chart” for use by the consultant team in gleaning the goals and objectives expressed therein…goals and objectives that will guide formulation of the Public Art Program going forward. Documentation of the participant statements and the goals and objectives expressed thereby is presented below. Program Goals and Objectives Goals and Objectives for the Public arts program can be viewed as a “guiding document” that will direct the planning work to follow. Goal Statements presented in this Section, provide the Public Arts Planning Team with: • An understanding of what the residents of Westlake value and see as important distinctions, accomplished through Public Art, separating Westlake from other cities and Townships. • An understanding of what the citizens of Westlake consider worthy as a purpose and effect of Public Art. • An understanding of the extent which Westlake, it’s features and characteristics, should inform the art. • An understanding of the commitment to art that the citizens of Westlake see as appropriate. • An understanding of the relationship between art and the development of the Town over time. • An understanding of the relationship between Westlake, artists, and the larger arts community. Once goals (listed in the Section) were established (bringing together inputs from citizen participants in the Pub- 24 lic Art Public Workshop. The process employed to distill the wide spectrum of comments into a more concise list of mutually exclusive statements at a similar level of generality is called the TRIO method. The acronym “TRIO” stands for: • Themes: Themes are unifying characteristics or characterizations of art, art place, art setting, and art and the community that emerge in the Break-out Groups (discussed above). These are often characterizations of outcomes that may be suggested by various descriptive terms or phrases. For example the phrase “Restore one’s self” (Open Space Group), connection with nature (Pastoral Group),…Stop and smell the roses… (Town Group); illustrate a common concern to find a restoration through art. These statements reflect a “the- matic” passion for the salubrious benefits of art. • Repeats: repeats are more particular phrases or words that are simply repeated by more than one break- out group. For example, “nature” is a word often used. Repeating “nature” suggests that the natural environ- ment as it may be affected, amplified, interpreted, and/or replicated by art is an important issue. • Input indicators: Input Indicators are statements about problems or conditions that call for remedial ac- tion set in motion by the goals. The desire is for a different outcome than the problem statement or condition statement describe. • Output Indicators: Output Indicators are statements of desired outcomes or conditions that reflect reme- dial action set in motion by the goals. Output Indicators suggest goals that are required to attain a stated out- come. As discussed below, the focus of breakout group conversation on the purpose of art meant that many of the statements would be about “outcome”; therefore, many of the statements would be Output Indicators. The pictures below show the actual flip chart sheets from the various breakout groups and the participant state- ments which are presented in the matrix below in bold type. The following matrix shows the outcome of the Workshop Breakout Group discussions and how the TRIO pro- cess translated these discussion statements into Goal Statements. Comments made at the Workshop are shown in bold type and the Goal Statements flowing from that original discussion group comment, listed below. As suggested above, public participants in the workshop were focused on discussion of “Art Purpose”. Therefore, many of the statements made can be classified as “Output Indicators”. Also, stated above, Output Indicators state the desired “effect”/ the “result”/ the impact of an action related to a goal, not yet disclosed. Therefore, getting to the Goal Statement implied by the Output Indicator requires a certain amount of “un-packing” of the multiple contributing pre-conditions and/or pre-activities necessary to yield the desired result. As a result, it can be said that the necessary contributing activities constitute the real goals…when a properly crafted goal is defined as starting with an action component. 25 When crafting Goal Statements that are useful for guiding Public Art Program formulation and management, it is essential that the statements be: 1. Of the same level of generality: This means that all goal statements speak to the same magnitude, scope, or range of action. When statements are uniform in their level of generality…then…certain comparative meth- ods can be applied which are necessary to organize and prioritize citizen inputs. 2. Mutually exclusive: This means that, through comparative methodologies, the final list of goal statements contain discrete areas of action. It would be impossible to get a mutually exclusive outcome…if…the input statements were not at the same level of generality. When crafting Goal Statements that are “actionable” it is also important that such statements have a similar structure. The most usable statement “structure” includes: 1. Actionable: Goal Statements should start with an action statement that indicates the nature of the action required for implementation. Therefore, each Goal Statement in the Matrix below begins with an action word such as “Promote,” “Encourage,” “Create,” “Protect,” and “Preserve.” 2. Focus Specific: Goal Statements should identify the focus (or object) of the action stated. This part of the Goal Statement links the appropriate action to areas of citizen concern (or citizen aspiration). An example of linking action to focus includes “Preserve History” or “Promote Economic Development”. 3. Outcome Oriented: Goal Statements should associate the action focus with a desired outcome. In this way, the driving concern and desired result are revealed. For example, “Preserve Nature so that natural waterways remain in their natural condition”. When all the goal statements are structured using the “syntax” described above, they are made more appropriate for comparative methodologies that allow determination of priorities. The matrix depicted on the following pages illustrates “translation” of the workshop statements about ”purpose” and “outcome” (shown in bold type) into Goal Statements (listed below the bold type workshop statements). More specifically, the Workshop Statements and resulting Goal Statements (derived from using the TRIO meth- od) are: 26 REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 OS‐1: Like seeing "historic" setting of Westlake, natural original vegetation, animals, fences Related Goals: 1. Promote Public Art that accentuates Westlake’s natural, undeveloped areas. X 2. Promote Public Art that preserves Westlake’s unique vegetation brought forth  through the merging of two ecoregions: The Eastern Cross Timbers and the Grand  Prairie. X 3. Seek Public Art that remembers Westlake’s agrarian past in its reference, form,  attachment to the fabric thereof.X OS‐2: Treescape as undisturbed, a snapshot in time Related Goals: 1. Public Art in the open spaces of Westlake must preserve mature tree canopy and  facilitate the restoration of diminishing plant communities. X OS‐3: Would like to see a combination of plants, animals, trees, grasses when you come  back in 20 years (a vignette of original Westlake) Related Goals: 1. Promote Public Art that maintains Westlake’s diverse plant and animal communities  for future generations to see and experience.X 2. Promote Public Art that educates its audience about Westlake’s natural diversity and  systems.X 3. Create Public Art that memorializes the various states of Westlake’s history.X OS‐4: Sound ‐ as you walk around the trails… as you pass through… to see movement and  hear movement. Related Goals: 1. Promote Public Art, understood through its relationship to the five human senses,  that is responsive to senses and engages the senses in the work itself.X 2. Public Art that allows the audience to interpret a place based on a combined sensory  experience.X 3. Create Public Art that captures and translates the sights and sounds of nature into  something experiential.XX X OS‐5: As you walk around open space need interactive spaces.  Kids have activities not to  be restricted ‐ special areas to have contact with open space, hills, rock climbing. Related Goals: 1. Provide Public Art that encourages interaction with it.X 2. Encourage Public Art to invite the audience to express motions and sentiments  normally restricted or suppressed by conventional standards.X 3. Promote Public Art that motivates one to physically exert themselves through  voluntary participation.X OS‐6: A series of meditative spaces Related Goals: 1. Create Public Art that defines areas for solitude.X 2. Create Public Art that allows for reflection of the world and one’s self.X 3. Create Public Art that encourages spiritual connection.X 4. Create Public Art that reveals the presence of something larger than the individual.X OS‐7: To restore one's self Related Goals: 1. Promote Public Art that advances self‐healing, rejuvenation and refreshment. X 2. Create Public Art that aids in the nurturing of one’s self that is suppressed in the  everyday.X OS‐8: Approachable, safe, kids can climb and have fun Related Goals: 1. Create Public Art that is approachable, non‐threatening and therefore familiar.X 2. Allow Public Art to serve as a refuge, sanctuary and/or safe‐haven. X 3. Promote Public Art that encourages exploratory interaction in a fun and safe way.X OS‐9: In Butchart Garden (Vancouver) kids can roll down hill and experience outdoor open  space Related Goals: 1. Encourage Public Art that uses nature as its medium and source for inspiration.XX OS‐10: Using tree branches and roots to climb in and around Related Goals: 1. Encourage Public Art that uses nature as its medium and source for inspiration.XX Town Open Space Context 27 REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 OS‐11: In water can sit alongside and look, and walk on stepping stones (In Solana now you  can connect one area to another) Related Goals: 1. Encourage Public Art to use water as a connecting element.X 2. Promote Public Art that uses water as a form of attraction and interaction.X 3. Encourage Public Art to address various physical conditions imposed by water.X OS‐12: Water features scattered throughout Westlake can have different experiences with  different kinds of water Related Goals: 1. Encourage Public Art to accentuate the various states and kinetic expressions of  water.XX OS‐13: At night to see lights off in the distance, defining natural features in the dark Related Goals: 1. Encourage Public Art to showcase the night forms of a place.X 2. Promote Public Art that plays with the darkness of Westlake’s pastoral settings.X 3. Create Public Art that reveals natural features of Westlake from distant developed  areas during the night hours.X OS‐14: Inviting, make you want to stop and go into areas to see Related Goals: 1. Encourage Public Art to draw in the audience for an experience.X 2. Promote Public Art that sparks intrigue between it and normal activities.X 3. Create Public Art that expands the potential for an experiential domain.X 4. Encourage Public Art to establish location and orient the audience. X OS‐15: When all development is in we need a place that is peaceful and tranquil and  reminds us of the past Related Goals: 1. Encourage Public Art to provide relief from the intensity of development.X 2. Create Public Art that remembers Westlake’s past.X 3. Encourage Public Art to transport the audience to another state of consciousness.X 4. Promote Public art that makes the intangible dynamics of Westlake’s natural heritage  more tangible.  X OS‐16: Water ‐ touch it, can look at it, use water flowing between elements, over stones,  downhill, cascading to show what water can do, small waterfalls, sprays of water. Related Goals: 1. Encourage Public Art to accentuate the various states and kinetic expressions of  water.XX REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 PC‐1: Connection with nature Related Goals: 1.  Promote Public Art that connects the audience with nature.X PC‐2: Interaction with nature, trails Related Goals: 1. Create Public Art that interacts with nature.X 2. Create Public Art that encourages physical, sensory and spiritual interaction of the  participant with nature. X PC‐3: Emphasizing Westlake's natural beauty… respite… opportunity to enjoy, setting the  stage Related Goals: 1. Promote Public Art that provides an opportunity for respite.X PC‐4: Access to nature/ Westlake opening up the hidden Related Goals: 1. Promote Public Art that translates the hidden potential of Westlake’s natural assets  into something experiential.X 2. Encourage Public Art to strengthen the clarity of Westlake’s identity.X 3. Create Public Art that expands one’s capacity to see, understand and otherwise  experience Westlake. X PC‐5: Adding flow from east ‐ west to soften the segmentated feel of subdivision… fluidity Related Goals: 1. Promote Public Art that overcomes physical fragmentation of communities.X 2. Encourage Public Art that resonantly unifies communities.X 3. Encourage Public Art to seamlessly transition from public to private domains.X Town Open Space Context Continued Pastoral Community Context 28 REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 RC‐1: Contextual connection ‐ reflecting aspects of location in the work  Related Goals: 1. Promote Public Art that considers the context in which it will reside as the message  and/or the medium of the art, itself.XX 2. Create Public Art that becomes a part of the context in which it resides.X 3. Encourage Public Art to facilitate comprehension of the context of place.X 4. Promote Public Art that contributes to the definition of the context around it.X RC‐2: Do not suppress originality Related Goals: 1. Promote Public Art that expresses the public value of originality.X 2. Encourage Public Art to reflect Westlake’s unique identity and therefore provide  greater understanding of place.X RC‐3: Thematic ‐ the works within the Regional Community should have some apparent  association that is Westlake Related Goals: 1. Promote Public Art that creates context through aspects of continuity among other  works.X 2. Reduce the potential for competing centers by creating Public Art that unifies  independent development projects.X 3. Create Public Art that reconciles otherwise regional development vernacular with  uniquely Westlake features. X RC‐4: Progression ‐ the works should connect with features that extend into the Regional  area from other districts upstream Related Goals: 1. Promote Public Art that reflects, interprets, and otherwise makes visible the  relationships of regional natural systems.X 2. Encourage Public Art to unify and seamlessly transition between character zones  within Westlake. X RC‐5: Water a theme Related Goals: 1. Promote Public Art that maintains the identity provided by natural waterscapes of  Westlake.X 2. Promote Public Art that engages water, when appropriate, in all conditions that are  relevant to Westlake’s Regional Commercial Community.X 3. Encourage Public Art to shape development patterns within the Regional Commercial  Community.X RC‐6: History a theme Related Goals: 1. Encourage Public Art to communicate events, places, people, accomplishment,  and/or characteristic processes of Westlake’s history.X 2. Promote Public Art that monumentalizes aspects of Westlake’s history so that it may  be experienced by and communicated to large amounts of people.X 3. Promote Public Art that seeks to make Westlake’s history visible, thereby providing a  way to understand its influence and trajectory.X RC‐7: Culture a theme Related Goals: 1. Promote Public Art that communicates processes of human relationships, behavior  and economy. X 2. Public Art in Westlake should seek to externalize, interpret, and accommodate the  culture of place.X RC‐8: Preservation/ Conservation ‐ water and the ecological systems it supports Related Goals: 1. Promote Public Art that preserves and conserves the distinctive processes essential to  natural systems or the valued remains of a changing condition of natural systems.X RC‐9: Tapestry of Town ‐ make a tapestry of projects = Town Related Goals: 1. As Public Art in Westlake becomes part of the fabric of community, it must fit and  integrate with the tapestry that is the community. X 2. Public Art must share a common identity of location in Westlake as the living fabric of  Westlake is more than a background for the work. X RC‐10: Enhancement ‐ enhance expansion of public space acquired through gathered  density  Related Goals: 1. Public Art must expand the power, usability, and presence of open space created by  the future gathering of development density. XX RC‐11: Unite ‐ blend development… overcome project autonomy Related Goals: 1. Encourage Public Art to unify autonomous developments to create community.X Regional Commercial Context 29 REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 RC‐12: Relation to the Whole – each art installation is part of a larger whole. Related Goals: 1. Encourage Public Art to address and express its relationship to a collective art‐scape  within Westlake.X RC‐13: Express public Values – open space is a value, corporate citizenship is a value Related Goals: 1. Public Art must clearly reflect public values in its location, purpose, subject matter,  reference, and/or form.XX 2. Promote Public Art that educates the audience on Westlake’s community values that  wish to be passed to the future population.X 3. Create Public Art that honors Westlake’s values that, as a community, are viewed as  essential to its social cohesion.X REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 TC‐1: Portal Identification – define function of the area, like a 3D road map…know when  you enter a different area Related Goals: 1. Promote Public Art that identifies key elements of cognitive structure that forms  one’s mental map of place, including portals, nodes, landmarks, edges, and districts.X 2. Encourage Public Art to denote informative experientially significant portals from one  area to another.X 3. Encourage Public Art to function as portals when placed in locations in need of portal  definition.X TC‐2: Translation – we try to be global/ worldly, allows for subconscious perception to  become conscious (making something imperceiveable…perceivable) Related Goals: 1. Public Art must seek to be responsive to all five sense and be incorporated into the  work itself.X 2. Create Public Art that broadens one’s range of subconscious perception.X 3. Promote Public Art that elevates hidden processes of nature to a physical  manifestation that shapes the context in which it resides. X TC‐3: Help People Be Present – “stop and smell the roses” concept, grateful for the  moment  Related Goals: 1. In the fast pace of life, Public art in Westlake should nurture and provide opportunity  to enjoy respite relief from the ordinary pace of activity. X 2. Where appropriate, Public art in Westlake should provide micro‐climate conditions  that encourage gathering and nurture the presence of people. X TC‐4: Intentional – calls for quality craftsmanship…timeless Related Goals: 1. Promote Public Art that embodies the craftsmanship of enduring construction with  materials that manifest the workmanship of the craftsman.XX 2. Public Art in Westlake must transcend those aspects of construction and design that  would fix the work in time and seek to attain timelessness. XX TC‐5: Subtle – contextually appropriate, works with what is there Related Goals: 1. Promote Public Art that considers the context in which it will reside as the message  and/or the medium of the art, itself.XX TC‐6: Personal – uniquely Westlake, gives hopefulness for opportunities they wouldn’t  otherwise have Related Goals: 1. Promote Public Art that comes from the participation of both established and  emerging talent in the art community.X 2. Promote Public Art that is reflective of Westlake’s role in encouraging and nurturing  the emergence of artistic talent.X TC‐7: Cohesion – create unity, balance, flow, harmony between the different  areas…transition Related Goals: 1. Encourage Public Art to seamlessly transition from public to private domains.X TC‐8: Sophisticated – timeless Related Goals: 1. Promote Public Art that embodies the craftsmanship of enduring construction with  materials that manifest the workmanship of the craftsman.XX Regional Commercial Context Continued Town Community Context 30 The Matrix above contains 99 Goal Statements. These statements clearly reflect a continuity of concern and aspi- ration. The threads of common aspiration that flowed through the participants include: 1. Natural Westlake features as the medium/ part of medium for the artwork. Art = fully integrated with place 2. Overcome development pressures through respite, reflection, and/or altered state of mind. Art = Transformative 3. Overcome development pressures with physical transitions from place to place/context to context. Art = Connection 4. Contributing to, revealing or defining identity, public values, cultural history, and/ or education. Art = Distinction 5. Engaging the senses (sight, sound, smell, touch, taste) in exraordinary ways to enhance experience or to be the experience. Art = Experience In light of the above summation, it is clear that Public Art in Westlake is viewed as about, and infused with, Westlake …where Westlake is the medium, the inspiration, the venue…and the people of Westlake are uplifted by the experience it facilitates. This means that Public Art in Westlake is intensely integrated with place. The intent here is to bring Westlake TO THE ART not simply BRING TASTEFUL ART TO WESTLAKE. This means that the Artist must also come to Westlake. As a result, Westlake will need to become a place where artists come to do their work. To hold such attraction for artists, Westlake itself must become a regional leader in the Arts of the Metroplex. The Workshop products (Goal Statements) have set a high bar for the purpose and nature of a Public Arts Program for the Town…one that is less, perhaps, about the art and more about Westlake’s place in the arts. To accomplish this requires a clear strategy and organizational structure. The next section of this report outlines the basics of that strategy, to be executed by the Consultant Team in their next phase of work. REPEATS THEME 1 THEME 2 THEME 3 THEME 4 THEME 5 THEME 6 OCS‐1: Westlake = Trinity beautiful but pressures the natural environment Related Goals: 1. Public Art must expand the power, usability, and presence of open space created by  the future gathering of development density. XX 2. Encourage Public Art to creatively withstand the pressures of development. X OCS‐2: Functionality – seating… Jackson Hole – sitting with great figures in history (Einstein,  etc.) – all the mayors of Westlake Related Goals: 1. Promote Public Art that commemorates figures in Westlake’s history that shape its on‐ going progress.X 2. Public Art must clearly reflect public values in its location, purpose, subject matter,  reference, and/or form.XX 3. Create Public Art that may serve multiple functionalities.  X OCS‐3: Oslo Norway – (illegible)… 200 acres every statue in the park naked – point =  timeless  Related Goals: 1. Promote Public Art that embodies the craftsmanship of enduring construction with  materials that manifest the workmanship of the craftsman.XX 2. Public Art in Westlake must transcend those aspects of construction and design that  would fix the work in time and seek to attain timelessness. XX Other Contributing Citizen Statements  31 STRATEGY 32 THE STRATEGY Building on the history of Art in Westlake and the sentiments/ directives established by the citizens of the Town the strategy needed to fulfill the vision put forward is one which has the following attributes: 1. Building Partnerships with the larger Arts Community 2. Creating a governance structure within which the Arts Community and Town work as partners 3. Establishing a venue that brings the Art Community and Town together in a common search for masterpiece 4. Finding funding and sponsorship 5. The regulatory and policy backup The following text addresses each of the above strategy components: Building Partnership with the larger Arts Community After the mid-20th century, private galleries played an ever-larger role in setting art value and establishing new talent in the art market place. As a result, the “gallery system” was the normal path to finding notoriety and sta- bility as a source of income. Even in the earlier days of Monet and Renoir great art houses (as they were known) such as that of Daniel Wildenstein and Bernheim-Jeune were the main drivers of fame and value in the art world. However, galleries in the early 21st century are facing significant challenges to the old system and the profitabil- ity of it. A recent study by the Cultural Research Center and Magnus Resch surveyed 8,000 art galleries based in the US, UK, and Germany and found that more than half were turning over less than $200,000 a year and 30% were losing money. The reasons for this is attributed to rising costs in the running of galleries, costs associated with rent, art fair expenses, international competition, private sales by artist, “uber” galleries, internet sales, and auction houses now eating into the traditional gallery business. According to the Art Newspaper, across the art trade, galleries are spending more on so-called support services ($17,8 Billion) to conduct business. This places pressure on a gallery to find, hold and work with marketable and established talent. As a result, emerging and new talent is finding it more difficult to breakthrough and realize recognition. The consequence of this is a need for change that will introduce new pathways for finding, devel- oping, and promoting talent for the future. In this reality of need lies opportunity for new partnerships with the major art institutions who also find it increasingly difficult to cultivate art in the continually restricted gallery system. The gallery system was similarly challenged in the depression era and efforts taken to fill the gap created by diminishing gallery venues. To fill this gap, the US government created a program, as part of the “New Deal” known as the Federal Arts Project (1935-1943). This program established more than 100 community art centers throughout the country and commissioned works (200,000 separate works) which produced what is now regard- ed as some of the most significant public art in the US. Many of the celebrated public building murals are a lega- cy from this era. Because the program pursued a mission instead of a style it promoted young talent expressing directions yet to be recognized, such as Jackson Pollock. In Texas, at the threshold of the 1929 crash, an oil wildcatter, named Edgar Davis sponsored a Wildflower Com- petition in partnership with the San Antonio Art League. Financially supported by the wealth of Mr. Davis, the competition offered the largest prize money of any US competition to date. Attracted to the opportunity for prize money, artists from across the country made their way to Texas to take part in the event which resulted in a form giving aggregation of talent and an extreme elevation of awareness which became the “big bang” moment in the arts of our state. From this event the many young art societies, art camps, and emerging art movements finding their way into the debate were strengthened and came to fruition. 33 There was a coalescing of the dispersed art energy around the state, as a result of this powerful event, and from such coalescing the major art institutions of Texas (Dallas, San Antonio, Houston) found energy to expand, emerge, grow, and establish. Due to the decreasing venue of galleries and the proven potential of art events and public programs to make meaningful contribution in such times (discussed above), there is a present-day opportunity for a meaningful partnership between the Town of Westlake and representatives of the major art museum of the Dallas/ Fort Worth area. Already, the Planning Team, for this project, is joined by Sue Canterbury (Associate Curator of American Art at the DMA). Other such important institutional participation is possible if the Westlake Public Art Program can respond to the shifting conditions described above and, in so doing, fill the gap created by di- minishing galleries and gallery influence. The Planning Team recommends that the basis of this partnership is in the operation of a venue/ program that seeks to cultivate, recognize, promote, and establish artistic talent. Just as Edgar Davis joined forces with the San Antonio Art League to implement the Edgar Davis Wildflower Competition, so can Westlake join forces with representatives of Metroplex Art Institutions. Seeking the credibility of recognition afforded by this partnership, Westlake can become the venue discussed below. Creating a governance structure within which the Arts Community and Town work as partners The nature of the partnership described above lies in a governance structure that creates an appropriate place for each party to come together around a single, and shared, purpose (the venue). Basically, the parties that need to be engaged within the governance structure include the following: 1. Westlake a. Civic leadership b. Citizens and land owners from the Regional Commercial Art Setting c. Citizens and land owners from the Town Art Setting d. Citizens and land owners from the Pastoral Art Setting e. Citizens and land owners from the Open Space Art Setting 2. The Arts Community a. Art Institutions (such as the DMA, The Amon Carter, the Grace Museum, the Kimball, Modern Art Museum of Fort Worth, etc...) b. Curators (public and private) c. Design professionals d. Art Experts (academic and Galleries) Number one (above) establishes the input side of the partnership while number 2 establishes the output side of the partnership. Westlake provides the Objectives, Criteria, and Performance Standards and management of the venue (which speaks directly to the Goal Statements discussed above) and the Arts Community provides selection, curation, and operation of the venue. The overall form of this partnership is expressed in the governance structure diagram below. Note that the diagram has 2 components, a Westlake side, and an Arts Community side. The sides, and their participating members, are brought together by specific responsibility to a common purpose (represented by the Artists/Venue bubble in the middle). Note that each side has the opportunity for sponsorship and that the West- lake side (as an eligible public enterprise) has the additional capability to receive donations and grants. On the Westlake side, the Art Settings and the Goals associated therewith are brought into the area specific management groups arrayed to the right of the “Westlake Arts Council” bubble. The Arts Council itself is a legacy of the 2008 34 effort (discussed in the Assessment portion of this report), thereby building upon the work done earlier. Similarly, the Arts (represented in the Competition Team) includes the institutional, profession, and business members of the Arts Community. Representatives of the areas of interests (listed to the left of the bubble) com- prise the Competition Team. Both the Town and the Arts Community, operating through the organizational structure pictured come together upon the Artist/ Venue. The venue (represented by the central bubble) is de- scribed in the following text. Establishing a venue that brings Art Community and Town together in a common search for Mas- terpiece Throughout History (perhaps starting with the Greeks) art competitions have been a primary means of culti- vating talents and finding the best of the arts. Artist’s Daily presents a brief history of competitions and gives account of 2 notable events that have significantly contributed to artistic achievement for western civilization, as follows: Florence’s Baptistry Doors The art competition that every art history student studies came in 1401 in Florence, Italy, where the Baptistry of St. John, the oldest church in the city, held an art competition to find an artist to make a pair of bronze doors for one of the entrances of the building. In the end, the two contenders for the commission were Lorenzo Ghiberti and Filippo Brunelleschi. Ghiberti won the art competition, and his first set of Baptistry doors took 27 years to complete (he was eventually commissioned to do a second set). The Prix de Rome In France in 1663, during the reign of Louis XIV, the Royal Academy of Painting and Sculpture instituted the Prix de Rome, an art competition award that offered the winning artist a stay of several years at the Palazzo Mancini, in Rome, at the expense of the king. 35 The prize afforded an artist of exceptional promise the opportunity to reside in an important cultural metropolis and refine and expand his professional, artistic, and scholarly aptitudes. By instituting this award, the stewards of French culture were tactically recognizing and seeking to address a significant challenge: how to provide for the continuing support and education of artists and secure the continuance of the visual arts for future generations. Manet and the Salon des Refusés The most famous and first “exhibition of rejects” came in 1863 when many of the 3,000 works that had been passed over by the fine art competition officials of the Paris Salon were shown in a nearby gallery hall. To many, this marked the creation of the avant-garde. Edouard Manet’s Luncheon on the Grass was among the paintings shown in this group, as was Whistler’s Symphony in White, No. 1: The White Girl. Art Competitions have served western civilization well throughout history and as illustrated in the above ac- count of the Edgar Davis Wildflower competition, they have had a significant and beneficial influence on the State of Texas. In light of the increasing shrinkage of gallery based venues, it now seems appropriate to visit competitions once again. The planning Team sees the governance structure described above (which brings the arts community and the Westlake community together in a format reflective of the Town’s goals and Art settings) is best organized to administer and operate an on-going series of art competitions that serve the Public Art needs of Westlake and the “continuation of talent” needs of the Arts Community. The Art Competition is an opportunity for emerging and existing talent to find a respected venue and get expo- sure to the art institutions that can under-write their place on the stage of accomplishment. The competition is also an opportunity for Westlake to find “Westlake integrated” (as per the goals) art for the Town that is more affordable. The desire to break into the strata of recognition that the competition can afford will encourage art- ists to make every effort to maximize use of the purchase prize. Also, Westlake can hold rights to other awarded work for implementation at a later date, giving the Town a portfolio of opportunity. In addition to bringing the Arts Community and the Town together around a common enterprise, the on-going competition is well suited to the nature of Westlake’s corporate future. Individual corporations can sponsor and associate with any of the competitions, especially those that would add art to their own sites. Through the Competitions, curated by representatives of the Arts Community, Westlake will stand as a Civic patron…something unique and highly attractive to the corporate market as well as a measure to give greater contextual value to the Westlake residential sub-market. The Competition program would become a major sub-component of the Westlake Public Arts Program and include the following components: 1. Management: As identified in the above Organizational Structure Diagram, the Westlake Art Council would manage the Competitions. In that capacity, the Council would define the place and purpose of the competition, set guidelines and other directives for considerations by the artist (mainly flowing from the goals established by the larger Town), arrange sponsorship or otherwise find funding for the event. 2. Curation: As identified in the Organizational Structure Diagram above, the Competition Team would curate, judge, qualify entrants and judge outcomes of the event. 3. Location: The event location would be within an Art Setting at a location or site related to the sponsor or related to the Town’s determination of Public Art need. 4. Sponsorship: To the extent possible, the Town should find sponsors for each competition and give the sponsor every opportunity to benefit from the exposure and stature that sponsorship can afford (especially 36 with the participation of the larger Arts Community). 5. Purchase/ Commission Prize and other Prizes: A key function of sponsorship is financial contribution to the competition in terms of prize money and operational expenses. However, the creation of a municipal fund for the competitions may make it possible for a corporate sponsor to realize greater art potential than their ordinary budget would afford. Certain developments within Westlake have commitment to art place- ment in their PD Ordinances. For these properties, participation in a City managed program may actually save money and result in better art for them and the Town. The prizes offered could be a purchase prize which allows purchase of the artwork proposal and the retention of rights to its commission for a budget pro- posed by the artist…or…a commission prize, where the winning artist is commissioned to do the work as in the Bronze doors for Florence’s Baptistry) 6. Operation and communication: Communications before, during, and after the event is critical to event success. Starting months before a competition with publicity about and announcement of the event is ex- tremely important to attracting entrants and having a robust competition. Communications about events preceding and following the competition is important to finding future sponsors and bringing the two com- munities together in fellowship. Finally, publicity for the event and the artist after the award is paramount to under-writing the importance of the event and for establishing the winning talent. Finding funding and sponsorship Westlake, Texas is unique among cities and townships of the Metroplex with regard to the unusual opportunities it enjoys for funding a Public Arts Program. Unlike other communities, Westlake stands in a “value mature” proximity with mostly undeveloped land while many of its neighbors come to this “value mature state” having little land availability with which to harvest the benefits of such a state. This condition and the significance of it can be summarized as follows: 1. Available supply in the context of high demand: To put it in the most basic of economic terms…Westlake has a significant supply (of well-located land) in a context of high demand (for class “A” office and high end residential). This means that the potential for return makes issues of cost more negotiable. Therefore, “fund- ing” as a cost becomes more likely when “value” can generate greater “return” that embodies that cost within the parameters of normative financial performance. Understanding this relationship between value and the costs that are associated with building the future that citizens of Westlake seek is essential to finding a strate- gic path to attaining those desired outcomes. 2. Unusual Industrial Cluster: The desirability of Westlake’s location in the context of limited supply and the contextual attributes that Westlake offers has attracted (and continues to attract) Financial Services and pro- motes the formation of a Financial Services Cluster within the economic sphere of the township. Unlike oth- er industrial clusters, financial services presents great receptivity to the arts. As an example, Charles Schwab Company and its chairman, Charles Schwab, have a long-standing commitment to the Arts. According to Forbes Magazine, Charles and Helen Schwab were instrumental to San Francisco Art Museum’s ascendancy to become one of the most influential museums in the country. Like Schwab Company, other Financial ser- vice enterprises share a concern for, support of, and commitment to community, education, and the arts. 3. Urban core to economic region: The “economic organ” within which the transactional relationship be- tween land uses are expressed is not contained or expressed within invisible municipal boundaries. The relationships between land use functions that constitute the economic functions of “township” comprise a necessary constellation of such uses that come together around this central purpose whether those land uses are located within the legal boundaries of the Township or not. Therefore, one must envision that Westlake’s place within that constellation is determined by the larger constellation of land uses, which define the com- 37 ponent of that constellation to be filled by development within Westlake. Flying at a relatively high level, one can see that a variety of industrial, residential, retail, entertainment, and generally commercial land use clus- ters are arrayed around the well-developed perimeter of the Township. In this constellation, it is clear that Westlake’s function is one of being the urban core of this economic organ. In recognition of this inevitability, major land owners of Westlake have stockpiled more than 25 million square feet of office and other commer- cial entitlements. Therefore, it seems that Westlake’s destiny as a center to an economically functional “city” extending beyond Westlake’s corporate boundaries is set and that the aggregation of financial services in the Town today (nearly 4 million square feet of this specific industrial cluster) is clear evidence of that inevitabil- ity. Therefore, the issue of funding (and art itself) must be viewed as something larger than Westlake and the Citizens of Westlake alone. Westlake can clearly become the urban center to an economic region…just like downtown Dallas is center to Dallas, Highland Park, Oak Cliff, Richardson, Plano, etc. and that those experiencing the art of that center come from many places outside the Town…but within the functional City. This makes any funding that flows from patronage more lucrative. All three of these conditions conspire to create a unique “funding” landscape in Westlake. This funding land- scape opens opportunity for such approaches to funding as: 1. Sponsorship: The stronger Westlake becomes as a center for the financial services cluster and the stronger relationships between Westlake and the art institutions of the larger metroplex become (a central strategy of this report) the more attractive Westlake is as a place for Art Sponsorship. The benefits of sponsorship in this context provides return to the money spent on such sponsorship, making that expense an investment. The return is realized in exposure, publicity, recognition, standing, and employment attractiveness. These are all areas of cost that are lessened by sponsorship within an environment that Westlake can offer. Sponsorship is particularly essential to the strategy outlined in the preceding text as art events (the central activity join- ing the Town and the larger Arts Community) only flourish with sponsorship. Sponsorship opportunities include: • Purchase Prize money • Event activities pre, and post event • Publicity • Object of the event (artwork for a specific location) • Funding operational costs 2. TDI Bonuses: Westlake has recently adopted a Transfer of Development Intensity ordinance in which land owners and developers within Westlake are able to sever development square footage (development intensity) from properties which will likely develop at densities less than density specified in the entitlement and move that “severed intensity” to parcels likely to develop at densities greater than the density specified in the entitlement. Within this ordinance, additional square footage may be added to the transfer (called a bonus) when the property owner/ developer contributes land to public purposes that advance the Compre- hensive Plan or the Plan of Westlake Academy. It seems that other public purposes (such as Public Art) could also qualify for a bonus under the manage- ment of this TDI ordinance. Potential language that can be added to Section 5 of that ordinance could state: “When the applicant for a Severance or a Transfer supports the Westlake Public Art Program in any of the following ways, the applicant shall qualify for a bonus under this bonus Section: a. When the applicant is a sponsor of a Public Art Competition Event and assumes the financial costs thereof (including prize awards), that applicant may receive a bonus at transfer of the Severed Develop- 38 ment Intensity equal to 15% of the Severed Intensity or an additional 15 % bonus added to any bonus received in accordance with item “C” or “D”, above (whichever constitutes the larger bonus benefit.) b. When the applicant donates to the acquisition of Public Art or acquires Public Art for the benefit of the Town and that acquisition is approved and supported by the Town Arts Council and the value of that acquisition is equal to, or greater than, the normal cost of supporting a “Competition event”; that applicant may receive a bonus at transfer of Severed Development Intensity equal to 15% of the Severed Intensity or an additional 15 % bonus added to any bonus received in accordance with item “C” or “D”, above (whichever constitutes the larger bonus benefit.).” This constitutes a considerable incentive to sponsor or otherwise fund Westlake’s Public Arts Program as such participation can yield increased development rights not available within the current zoning. Further, such compensation for participation offsets a disproportionate burden borne by the landowner when under- taking an activity/ responsibility benefitting the larger public. 3. Share of Capital Expenditure: The 2008 report by the Public Arts Society makes a recommendation that 2% of the cost of a Capital Improvement Project be set aside for Public Art. This is not dissimilar from a program in Dallas. However, the Dallas program is focused on the artist more than the art and calls for the incorporation of an artist in the architectural design phase of the Capital Project. In this way, the art pro- duced by the artist is more integrated to the built-scape as it emerges. This report would slightly modify the 2008 recommendation to similarly be focused on the artist and set aside a percentage of the Capital Costs for the inclusion of an artist integral to the project that will fully integrate the work. Similarly, this report recommends that the percentage of Capital Cost set aside be 2% of the total project val- ue. This percentage is generally in use by many other cities with successful Public Art programs and recom- mended in the 2008 Public Art Society Report. Example Cities with a 2% commitment, include: a. Allen, Texas b. Austin, Texas c. Fort Lauderdale, Florida d. Fort Worth, Texas e. Sacramento, California f. San Francisco, California g. Frisco, Texas 4. Venue Tax: By forging a strategy around an art event (rather than art objects), there is the potential to establish a “venue Tax” which can help fund such events. A city or county is permitted by Chapter 334 of the Texas Local Government Code to undertake “venue projects”. This term applies to a “venue and related in- frastructure that is planned, acquired, established, developed, constructed, or renovated under this chapter”. Venue is defined as one of the following: • An arena, coliseum, stadium, or other type of arena or facility; • A convention center or related improvement; • A tourist development area along an inland waterway; • A municipal park or recreation system; • A certain economic development project authorized by Section 4(A) or 4(B) of the Development Corpo- ration Act of 1997. Under this act, 4(B) funds can be used for projects which advance economic develop- ment and improve the Quality of Life. • A certain watershed protection and preservation project. 39 The physical Art Installation and Art Events which produce the art and the promotion and funding thereof are Quality of Life projects as well as Economic Development initiatives The Texas Economic Development Handbook states that “in order to undertake a venue project, a city or county must receive voter approval of the project and the proposed means of financing the project… the local government cannot proceed with such an election without approval from the Comptroller’s office and, if applicable, from the local transit authority. Once it has received the required approvals, the city or county may order the required election”. In the prescribed election, voters can approve the taxes that will be used to finance the project. Taxes that may be employed to fund a venue project are: • Sales tax (if such a tax is approved by voters and the city is already at its 2% limit, the voters must also ap- prove which applications of the sales tax will be reduced in order to direct this sales tax to the venue project funding); • Short-term motor vehicle tax; • Tax on event parking at the venue project; • Hotel occupancy tax; • Facility use tax Under Chapter 334, a city or county is required to establish a “venue project fund” by resolution and there must be a separate account for each of the project revenue sources. The city or county must deposit revenues received from any tax imposed under Chapter 334 and any other money required by law to be deposited in the fund. 5. Cash-In-Lieu-Of Strategies: The Planned Development Ordinance for Entrada contains a site plan which sites numerous works of public art. In the aggregate, these art objects that represent a considerable financial commitment to art. Similarly, zoning ordinance amendments that will potentially come before the Town Council can be required to make similar commitments to art. In addition, the existing Planned Develop- ment Ordinances have specific requirements for open space and facilities that may no longer be important IF implementation of the Comprehensive Plan provides such space and facilities on a more holistic and coor- dinated basis. Therefore, a land owner making a commitment to Comp Plan implementation may be given relief from other ordinance-driven obligations and/ or given relief from selecting and installing public art if they contribute cash to the art program in lieu of physical compliance with the PD requirement and such “cash in-lieu-of” payment is approved by the Town. Therefore, each of the major PDs should be reviewed to isolate the obligations of that document which can be met by a cash-in-lieu-of contribution to the Public Art Program. In those areas where more intense de- velopment can be tolerated (such as the Regional Commercial District) early PD provisions meant to soften/ mitigate density may no longer be viewed as necessary. Therefore, off-setting such provisions, off-set by contributing cash in lieu of compliance, may be more consistent with current public intent. 6. Assessments: Special Assessments is another potential funding avenue for Public Art in Westlake. Pub- lic Improvement Districts, Municipal management Districts, or Business Improvement Districts are special assessment districts recognized by State Statute and in general use throughout the State of Texas. These additional assessments can only be leveed upon certain designated districts within a municipality. These assessments fund improvements, services, and/or activities within the defined district. The two most com- mon types of assessment districts in Texas include Public Improvement Districts (PID) and Municipal Man- agement District (MMD), which is much like a Business Improvement District. The designation of these districts requires support and involvement of property owners within the district, as they must agree to the added assessment of real property. Funds generated through this assessment are tied to provisions, defined when the district is created, and typically focus on improvements to public spaces, building facades, manage- 40 ment, advertising, maintenance operations, and economic development activities. Public Art would qualify under this broad range of applications. More specifically: a. Public Improvement Districts (PID): Regulations governing the formation, management of, and pow- ers of the PID are found in Chapter 372 of the Texas Local Government Code. PIDs may be formed to develop, rehabilitate, or expand affordable housing; create water, wastewater, health and sanitation, or drainage improvements; mass transit improvements; parking improvements; library improvements; park, recreation, and cultural improvements; landscaping and other aesthetic improvements; art installation; creation of pedestrian malls or similar improvements; supplemental safety services for the improvement of the district, including public safety and security services; or supplemental business related services for improvement of the district, including advertising and business recruitment and development. PIDs are set up by ordinance upon receiving a petition requesting that a district be established. If the governing body of a city or county finds that a proposed improvement project would promote the in- terests of a city or county, “the governing body” may undertake an improvement project that confers a special benefit on a definable part of the municipality or county or municipality’s extraterritorial jurisdic- tion”. According to the Texas Attorney General, “After a PID has been established, the governing body of the municipality or county shall apportion the cost of an improvement to be assessed against property in an improvement district. The apportionment shall be made on the basis of special benefits accruing to the property because of the improvement. After holding a hearing on a proposed assessment, the governing body, by ordinance, shall levy the assessment as a special assessment on the property”. 7. Municipal Management District (MMD): A Municipal Management District differs from a PID as such districts are comprised of an organization of property owners in a commercial district who tax themselves to raise money for neighborhood improvements. Traditional uses of the funds collected goes to operations within a commercial area, such as keeping sidewalks and curbs clean, removing graffiti, and patrolling the streets. Once a MMD is formed, the assessment is mandatory and collected by the city like any other tax. However, unlike other taxes, the city returns the tax to the MMD management for expenditure within the district. 8. Donations: Since the beginning of civilization, the arts have relied upon donations and the patronage of donors. Therefore, donations remain a primary funding source for art and art activity. Donations require several component parts in order to be an on-going program. These component parts include: a. Recipient: In the case of Art in Westlake, the logical recipient is the “Westlake Arts Council” as iden- tified in the Governance Structure diagram above. Established by action of Town Council, this body functions under the authority of the Municipality which is further authorized to receive donated contri- butions and provide the donor with qualification for any tax benefits associated with such donation. It would be possible for the municipality to identify internal targets for the donations (such as the Westlake Arts Council). The Arts Council can administer a fund created for the Arts into which donated and other funds described in this chapter can be deposited and used to fund any part of an Event, including the work of the Event Team. b. Donors: Identifying donors is directly related to the extent to which the Westlake Arts Program is gen- erally recognized and valued within the metroplex, county, and state. Such recognition is expanded and enhanced by the integration of Westlake’s Arts Program with the larger arts community, especially the institutions that reside therein. Plugging into the “network” of donors means going where the donors can be found…and this is within the arts community. Therefore, integration with that community is abso- 41 lutely essential for cultivating a reliable bench of willing and supportive donors. Involvement with the arts community also provides Westlake with exposure to publicity of its program and, through such publicity, dissemination of information about the Westlake Arts Program well beyond the metroplex itself. Through such exposure, the base of donors is vastly increased, which saves Westlake from being in the position of over-reliance upon a small group of individuals. In order for the donor pro- gram to be a significant source of funds for the arts, the bench of potential donors must be pretty deep. c. Mission focus: The recipient and the donor are brought together around mission and the clear state- ment thereof. It would be difficult for the Westlake Arts Program to find committed donors (willing to provide long term and committed support) without a clear mission that speaks to the interest of those donors and presents the legacy of contributions made. The mission is particularly important for estate donations as donors who may provide for the program in their estate are those who see the legacy value of the mission. Further, the mission clarifies the target donor population and facilitates effective use of time and money in finding and attracting committed donor-ship. d. Communications Infrastructure: All of the above described aspects of a donor program are supported by a robust communications infrastructure. Westlake already has the basic elements of such an infra- structure. The challenge is to carry the infrastructure beyond the Town to the metroplex at large. There- fore, on-going contact with various forms of media is essential, writing articles/ press releases, and social media are all important. Cultivating an electronic mail list as well as a conventional mail list is essential. The communication infrastructure developed is essential to carrying the program to the broader commu- nity of support and participation which enhances the program, attracts donors, and further distinguishes Westlake. In addition to print and electronic media, a good/well designed website for the Public arts program is needed. The domain address of this website should build from the mission of the program. For example, www.westlake.artofplace.com 9. Grants: The National Endowment for the Arts (NEA) is an independent federal agency supporting art organizations and artists alike. One of the existing programs that the NEA offers that would benefit West- lake is the Our Town Grant Program (https://www.arts.gov/grants-organizations/our-town/introduction). This program seeks to promote creative placemaking by providing grants to assist in improving livability in communities in places with arts at their core. This program provides assistance for planning, design and arts engagement activities, such as industry cluster/ hub development, creative entrepreneurship, design of rehearsal, studio or live/ work spaces for artists, community engagement activities, festivals, and performanc- es in non-traditional spaces and public art. Much that has been laid out in this strategy report would help Westlake rank high in any arts related grant program. Because art is such a broad topic and can have so many manifestations, it may be possible to cast the Westlake program in terms that qualify for other grant initiatives not normally associated with art. This includes such grant programs as those administered by Texas Parks and Wildlife (TWP). TPW would be a viable candidate for partnership in the development of art associated with greenbelts, greenways, parks, and/ or trails through the Recreational Trails Grant (http://tpwd.texas.gov/business/grants/recreation-grants/recreational-trails-grants). The regulatory and policy backup In order to put the above described Public Art Strategy into action, it is necessary to establish certain regulatory and policy enablements, which include; 42 1. Program Formation: At the outset, it is essential to formally establish the program. One way to do this would be to designate staff support within the organization of municipal administration and charge that staff with coordinating implementation of the Public Art Strategy. 2. Governance: The Westlake Arts Council (supported through the above designated staff function) should be established by ordinance (hereinafter the Westlake Public Arts Ordinance) which identifies the represen- tational structure of membership, the four sub-committee Task Forces to be formed from each Art setting as well as specifying the responsibilities and authority of each. Creating the governance structure can also in- clude the provision of a designated fund category and specify the uses of such funds. In addition, the West- lake Public Arts Ordinance should form the Competition Committee, or committees, and specify how those committees will be populated with members of the larger Arts Community. Finally, the Westlake Public Arts Ordinance should authorize the event(s) and describe the responsibilities of the various committees and Task Forces for conducting and managing the event(s). 3. Funding: The broad nature of the funding strategy requires a range of regulatory and policy back up. This includes: a. Share of Capital Expenditures: This will require specific policy and perhaps an ordinance which com- mits the Capital Program to such set aside. b. Cash in lieu of: This will require modification of Section 102 and a rigorous review of the PD’s and open space requirements of categorical zones to determine which, and under what conditions, they may be off-set by cash-in-lieu-of payments. c. Assessment (PID, Municipal Management District, etc.): This will require compliance with State Statute by setting up such ordinances as are called for in that statute. d. Venue Tax: will require implementation of a venue tax ordinance (as per state statute) and voter ap- proval of the taxes themselves. e. Sponsorship: This will require provision for the recognition of and service of sponsorship in the Gov- ernance ordinance described in “a” above. f. TDI Bonuses: This will require amendment of the TDI ordinance going before Town Council with language as suggested above. Any role of the Westlake Arts Council in verifying such bonus should be mentioned in the TDI ordinance as well as the Westlake Public arts Ordinance. g. Donors: This will require a communications infrastructure as described above and integration with the institutions of the larger Arts Community. Also needed is the designation of a fund category and clarifi- cation of the tax-exempt status of any donation to that fund. Such fund and status clarification should be referred to in the Westlake Public Arts Ordinance. h. Grants: This will require staff support for the writing of grants and establishment of the grant recipi- ent…namely the Westlake Arts Council. 4. Coordination: The primary means of coordination within the Governance structure will be the staff re- sponsibility determined by location of the Public Art Program within the organization chart of the municipal staff. It seems logical that this should fall to a cultural office or a communications office and work closely with Development and Planning. 43 5. Building on the Town of Westlake Resolutions 07-25, 08-12, and 09-38 In April, 2007, the Westlake Town Council passed Resolution No. 07-25 which established the Westlake Pub- lic Art Committee and a Charter membership (whose terms have since expired). This Committee was given a specific Mission and Charge as follows: Mission: Founded as a commitment to protect and improve the quality of life of Westlake residents, busi- nesses and students by encouraging , inspiring, documenting, educating and entertaining artistic and cre- ative endeavors throughout the community, the Westlake Public Art Committee will provide a wide range of professionally excellent and artistically significant presentations, preserving, collecting, and fostering the engagement of arts into the community. Charge: 1. Scope of priorities for first term: a. dentify and recommend artists and raise funds to ultimately commission an outdoor statue of The Blacksmith at a designated location at Westlake Academy b. Raise funds to be able to acquire and display significant works of art consistent with the theme and culture of the Town of Westlake to display in Westlake Academy and other public buildings. c. Raise awareness of the importance of the role of art in Westlake by sponsoring artistic and creative endeavors that will benefit the community. 2. Prepare an annual budget of projected revenues and expenses necessary to accomplish the mission and that such budget be presented to the Town manager no later than August 1 of each fiscal year to then be deliberated by the Board for inclusion in the annual budget. 3. The Board will identify a funding source for public art no later than their 2007-2008 annual budget process. The intent of this resolution is clear, namely to establish a central body designated with the responsibility of advancing Westlake’s progress toward experiencing a greater presence of Public art in the community. By taking formal action, through resolution, the desire of the Council is set in motion until that resolution is rescinded or replaced. In February, 2008, the earlier 2007 resolution was built upon, not replaced, by Resolution No. 08-12. This resolution left in place all that was charged to the Westlake Public arts Committee in 2007 and simply changed the name of that Committee to the Public Arts Society and authorized a larger membership (whose terms have since expired). In August of 2009, The Westlake Town Council passed another resolution (Resolution No. 09-38) which again built upon the previous resolutions (Nos. 07-25 and 08-12) by authorizing that the Westlake Public arts Society to apply for 501(c)3 status. Therefore, through all three related resolutions the mission and charge to a formally established public art advisory body remains unchanged and is still in effect although the advisory body is without membership at the present time. Lacking needed membership, the activities of this body, and any advancement toward furthering its mission have become dormant. It is the intent of the Public arts Strategy advanced by this report to build upon the important accomplish- 44 ments of Resolutions 07-25, 08-12, and 09-38. The governance structure discussed earlier and illustrated in the diagram below. Note that the Westlake Community and the Metroplex Arts Community are represented, in the “arts”, by two separate bodies. The Westlake Community is represented by the Westlake Arts Council which is supported by advocates such as the Westlake Public Arts Society. As a 501(c)3, membership driven organization estab- lished by Town Resolution, with a specific charge to “raise awareness” and “raise funds”; and a mission which calls upon the organization to “encourage and inspire artistic and creative endeavors throughout the commu- nity”; the Westlake Public arts Society is particularly well positioned to be a primary advocacy group. What is missing is a recipient of the benefits of the Society’s work, who can put the efforts of the Society to a use which fulfills the Society’s mission. To accomplish this, the Town needs to now create a Westlake Arts Coun- cil specifically charged with responsibilities of the Art Venues recommended herein. Therefore, another resolution is needed which creates The Westlake Arts Council. This resolution would set up the Council and charge it with further creating a Composition Team (as shown in the Governance structure above). More specifically, this resolution would read: TOWN OF WESTLAKE RESOLUTION NO. ______ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ESTABLISHING THE WESTLAKE ARTS COUNCIL, DEFINING COMMITTEE RESPONSIBILITIES, ESTABLISHING ADJUNCT COM- MITTEES AND RESPONSIBILITIES, AND SPECIFYING MEMBERSHIP STRUCTURE AND PROCESS FOR MEMBERSHIP APPOINTMENT. WHEREAS, the Town of Westlake has adopted the Public Art Strategy as presented in the Public Art Strategy Report by MESA-Planning, Russell Tether Fine Art, and Sue Canterbury; and 45 WHEREAS, that report specifies a governance structure for Public Art Venues that implement the goals established by Citizen participants in a Public art workshop held on October 20, 2016 and are recommended by the report; and WHEREAS, that recommended governance structure builds upon the Public Arts Society established by Westlake Resolution Nos. 07-29, 08-12, and 09-38 and completes the intent of those resolutions relative to Public Art in the Public Domain; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Town Council of the Town of Westlake, Texas does hereby establish the Westlake Arts Council which shall be comprised of 7 members appointed by Council upon recommendation of the West- lake Public Arts Society and which membership shall include: 2 property owners with an ownership greater than 100 acres 2 corporate representatives 3 home owner or property owner, with an ownership smaller than 100 acres, representatives SECTION 2: That the Town Council of the Town of Westlake, Texas establishes the following mission for the Westlake arts Council: Represent the Town of Westlake in any implementation of the Public Art Strategy presented in the Town adopted Public Art Strategy Report by providing oversight to the execution of Art venues as recommended in, and related to the recommendations of, the Public Art Strategy Report adopted by the Town of Westlake. Such oversight shall include the recognition of, fulfillment of, and inclusion of the Public Art Goals as docu- mented in the Public Art Strategy Report and formulated based on inputs from the October 20, 2016 Public arts Workshop. SECTION 3: That the Town Council of the Town of Westlake, Texas establishes the following scope and prior- ities for the Westlake Arts Council: 1. Establish “Art Setting” sub-committees: Future Art Venues, as recommended in the Westlake Public Art Strategy, will take place in each of the Town’s 4 “Art Settings” as identified in that strategy. Therefore, before any venue is held within any of the 4 Art Settings, the Westlake Arts Committee shall appoint a, Art Setting Sub-committee which assures that the population and interests of that Art Setting are proper- ly represented in execution of the Art venue. The Art Setting Sub-committee shall not have more than 5 members and may be less than 5 and shall at a minimum include representation of any private property owner on whose property a particular venue is being conducted when the venue is executed in partner- ship with a property owner. The Art Setting Sub-committee acts as an area specific Task Force to advise the Westlake Arts Committee on matters related to a particular venue. The Art Setting Sub-committee is a partner with the Competition Team in the execution of any venue related activities conducted within the setting. 2. Establish the Competition Team: Each venue shall include a “Competition Team” with specific re- sponsibility to curate the venue. Curating the venue includes: a. Vetting and approving artists 46 b. Selecting work for the venue, including engagement of engineering and design expertise to determine the feasibility of the submission. c. Judging finalists in any competition d. Preparing a budget for the venue that will be submitted to the Westlake Arts Committee for consideration and action e. Primary responsibility for Coordinating, advertising/marketing, and executing the venue and any pre-post venue activities. Coordinating venue related art activities shall include participation of the Art Setting sub-committee established for the venue location. Therefore, the Competition Team shall be composed of representatives of the Metroplex Arts Community as follows: a. 3 members from major Art Institutions which include the art museums of the metroplex. b. 2 member representing private art dealers. c. 2 members representing the design community, including Landscape architecture (ASLA) and Architecture (AIA). All venues may be curated by 1 Competition Team or multiple venues may be assigned to separate Competi- tion Teams if the Westlake Arts Committee so determines. 3. Establish the Venue: The Westlake Arts Committee shall identify and authorize an Art Venue and assign that venue to the Competition Team established as specified above. 4. Provide the Charge to the Artist: The Westlake arts Committee shall provide a charge to the Artist which is derived from the Goals established in the adopted Public art Strategy and as may be expanded from time to time as authorized by the Town Council and based on further citizen input. 5. Recommend a venue budget: Upon receipt of a Venue Budget from the Competition Team, the West- lake Art Society shall make recommendation to the Town Council as regards action on that budget and identify funding opportunities available to support the venue. 6. Provide Venue funding: The Westlake Arts Committee shall recommend the commitment of funds from any funding sources available to the Westlake Arts Committee or available from funds raised out- side the Westlake Arts Committee (e.g. The Westlake Public Art Society or donors) SECTION 4: That the Town Council of the Town of Westlake, Texas assigns a representative of the Town to serve the Westlake Arts Committee and further implementation of the Public arts Strategy. Such Town representative shall be appointed by the Town Manager. This may be a staff position or a contracted position upon approval of the Town Council. The sample resolution presented above establishes all components of the Governance Structure presented earlier. This resolution would not take away from any charge given to the Westlake Public Arts Society and allow that Society to re-establish with a specific charge to support the Westlake Arts Committee with: 1. Advocacy 47 2. Public Relations 3. Funding Finally, it will be necessary for the Town to support the work of the Westlake arts Committee and the Com- petition team in the following ways: • Assist in the creation of an advertising and marketing plan for the competition. This would include advertising the competition and request for entries, public relations, Awards gala and related activities. It should also include proposed revenue generation from the public event. • Identify appropriate personnel or a submissions review panel. This should include A city approved engineer and landscape architect to review the feasibility of the submissions. Based on this feasibility analysis, the Competition Team will narrow the entrant selections Once the submission approval is complete, the Competition Team can proceed with public events and curat- ed judging to select the finalists. The final selection can produce 1 of 2 results: Result 1: A selected work best suited to meet the competition charge at which will be installed based on bud- get set as part of that charge and awarded to the finalist. Result 2: A work proposal or proposals best suited to meet the competition charge which are the property of Westlake (acquired as a result of a purchase prize) and installed over time. 48 NEXT STEPS 49 Next Steps Following adoption of this report by the Town, it is necessary for the Town to authorize continuation of the ex- isting Public Arts Contract and fund work beyond Part 2 (which is concluded by this report). In continuation of the contract, there will be 3 components: Town Component: Led by MESA-Planning, The Town component will focus on setting up the governance struc- ture, preparing ordinances, policies, and other actions that must be executed in order to establish the program, its governance structure, funding authorities. The Curatorial Component: Led by Russell Tether Fine Art, this component will establish and organize the Com- petition Team and bring together major connections with the larger arts community as well as their participation in the Competition Team. The Inaugural Event: Working jointly, MESA-Planning, Russell Tether Fine Art, and the leadership of the Town will promote a corporate sponsorship of the inaugural event intended to set the entire on-going program into motion. estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 27, 2017 TOPIC: Consider a resolution authorizing the Town Manager to execute a contract with RJN, Inc. for $44,683.50 for sanitary sewer evaluation study. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility 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 Contract with Qualified Consultants Time Line - Start Date: February 27, 2017 Completion Date: February 27, 2017 Funding Amount: $44,683.50 Status - Funded Source - Capital Projects Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As you know, a portion of Westlake’s and Southlake’s sanitary sewer flows into a sewer line referred to as the “N-1 Sewer Line” and is jointly owned by Westlake and Southlake. The operation and maintenance costs are shared based on an inter-local agreement from July 1999. Westlake’s proportional costs are directly related to the 48.5 % ownership of the sewer line’s capacity. Westlake and Southlake have been working with TRA to assume ownership of the sewer line for several years. As a condition of the transfer, TRA requested an inspection and detailed engineering analysis of the N-1 sewer line. Westlake and Southlake jointly retained an engineering firm, RJN, Inc. to provide an engineering analysis of the N-1 sewer line in 2006. The RJN report indicated a significant amount of inflow and infiltration was entering the sanitary sewer system through damaged or defective manholes, clean outs, and pipes. This is undesirable storm water runoff that enters the sanitary sewer system that we have to pay for. This finding necessitated additional inspection and analysis which resulted in repair work Council awarded a contract for in 2012 and completed in 2013. TRA requested a follow up flow analysis to validate the reduction in storm water infiltration. Council approved a contract with RJN, Inc. at the January 25, 2016 regular Council meeting. This work was completed in spring 2016 with a Final Flow Monitoring Report provided to Staff in August 2016. The Report confirmed that the sanitary sewer repair work completed in 2012 provided a 75% reduction in the dry-weather versus wet-weather peaking factor. While this is a significant improvement, we need the peaking factor to be reduced another 75% to be compliant with national standards. The proposed contract will provide for an evaluation of the Town sanitary sewer system that runs west from Dove Road through Vaquero. This work will include CCTV inspection of sewer lines, inspection of manholes, dye water testing, and introducing smoke into the sewer system to identify damaged pipes, manholes, and clean outs. Funding for the proposed sanitary sewer evaluation study is included in the N-1 CIP. RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution with proposed contract with RJN, Inc. Resolution 17-10 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH RJN GROUP, INC., FOR A SANITARY SEWER EVALUATION STUDY AT A COST OF APPROXIMATELY $44,683.5; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the owns 48.5 % of the flow capacity in the N-1 sewer line; and WHEREAS, the Town of Westlake and City of Southlake have been working with the trinity River Authority to assume the N-1 sewer line; and WHEREAS, Westlake desires to work with the City of Southlake to transfer ownership of the N-1 sewer line to the Trinity River Authority; and WHEREAS, the transfer to TRA is contingent upon a satisfactorily reducing Westlake’s collection system contributing to increased groundwater intrusion; and WHEREAS, the Town Council finds that the proposed additional sanitary sewer evaluation study provides sound infrastructure maintenance and planning; and WHEREAS, the Town Council finds that the proposed study is necessary for the transfer; and WHEREAS, the cost for the flow analysis is included in the adopted FY 2016/2017 budget; and WHEREAS, the Town Council finds that the proposed additional study benefits the public and is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with RJN Group, Inc., for Engineering Services, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. 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 Resolution 17-10 Page 2 of 2 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 27th DAY OF FEBRUARY, 2017. _______________________________ Laura Wheat, Mayor ATTEST: ___________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney AGREEMENT Westlake, TX SSES 1 of 7 2017 BETWEEN TOWN OF WESTLAKE, TEXAS AND RJN GROUP, INC THIS AGREEMENT made this _____ day of 2017 by and between the TOWN of WESTLAKE, TEXAS, hereinafter called TOWN and RJN GROUP, INC., with an office in Dallas, Texas hereinafter called ENGINEER. WHEREAS, the Town of Westlake, Texas hereinafter hereby engages the ENGINEER, to perform professional services to provide Sewer Flow Monitoring service within the wastewater collection system of the Town. WHEREAS, the ENGINEER desires to perform such services to the TOWN in accordance with the terms and conditions of the AGREEMENT. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants hereinafter set forth, the parties hereto agree as follows: Section I - Basic Services of ENGINEER The specific services which the ENGINEER agrees to furnish are as indicated in the Attachment A "Scope of Services" which is hereby incorporated by reference and made part of this AGREEMENT. Changes in the indicated Scope of Services shall be subject to renegotiation and implemented through an Amendment of this AGREEMENT. Section II - Future Services of ENGINEER The ENGINEER is available to furnish and perform, under an Amendment or a separately negotiated agreement, future services to supplement this work. ATTACHMENT A Res 17-10 AGREEMENT Westlake, TX SSES 2 of 7 2017 Section III - Schedule of Services A. Completion Time For those services described in Section I, the ENGINEER shall make every reasonable effort to schedule manpower and service elements in a diligent manner. It is recognized by both parties that actions of regulatory agencies and/or others may affect the final project schedule. The services described shall be performed as weather and other physical conditions permit. The ENGINEER shall not be liable to the TOWN, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the ENGINEER and not caused by his own fault or negligence. Attachment B “Schedule of Services” is hereby incorporated by reference and made part of this AGREEMENT. Section IV - Payment for Services Payment to the ENGINEER shall be made as follows: A. Payment for Services The TOWN recognizes that time is of the essence with respect to payment of the ENGINEER's invoices, and that timely payment is a material part of the consideration of this AGREEMENT. Payment for services rendered shall be made to the ENGINEER at the end of each month's billing cycle upon presentation of the ENGINEER's monthly statement. ENGINEER will provide to the TOWN a detailed statement of tasks by classification and reimbursement expenses. Total payment shall not exceed aforestated amounts without prior authorization by the TOWN. If the TOWN objects to all or any portion of an invoice, the TOWN shall so notify the ENGINEER within ten (10) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. TOWN has the right to appeal or ask for clarification of any ENGINEER's billing within ten (10) days of date of billing. Until said appeal is resolved, or clarification is issued, no interest will accrue. The TOWN shall exercise reasonableness in contesting any invoice or portion thereof. Section V - Services to be Provided by the TOWN A. Authorization to Proceed The TOWN shall authorize the ENGINEER to proceed prior to the ENGINEER starting work. Res 17-10 AGREEMENT Westlake, TX SSES 3 of 7 2017 B. Access to Facilities and Property The TOWN shall make its system facilities and properties available and accessible for inspection by ENGINEER and arrange for access to make all provisions for the ENGINEER to enter upon public property as required for the ENGINEER to perform his services. C. Prompt Notice The TOWN shall give prompt written notice to ENGINEER whenever TOWN observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect in the service or work of the ENGINEER or Contractors in order that the ENGINEER may take prompt, effective measures, which in the ENGINEER's opinion, will minimized the consequences of a defect. D. Compensation of a Cost Not to Exceed For basic services, as based on the estimated quantities and enumerated in Scope of Services, the TOWN shall pay the ENGINEER a maximum not to exceed cost of $44,683.50. Payments as described hereinafter shall represent full compensation to the ENGINEER for all payroll costs, expenses, current overhead, profit, and all other costs in connection with the performance of these services. The ENGINEER, if requested, shall provide documentation to the TOWN of all costs in connection with the performance of these services, and as further described in Attachment C. E. Changes of Scope In the event additional services are required through changes in the scope of the Project, or other unusual or unforeseen circumstances are encountered, or for other consulting services, ENGINEER shall, upon written authorization by the TOWN, perform the additional services as mutually agreed by both parties by supplemental agreement. If renegotiated terms cannot be agreed to, the TOWN agrees that the ENGINEER has an absolute right to terminate the AGREEMENT. Section VI - Construction Cost and Opinions of Cost A. The ENGINEER shall submit to the TOWN an opinion of the probable cost required to construct work recommended, designed, or specified by the ENGINEER. The ENGINEER is not a construction cost estimator or construction contractor, nor should the ENGINEER's act of rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. The ENGINEER's opinion will be based solely upon its own experience with construction. This requires the ENGINEER to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which the ENGINEER has no control. Given the assumptions which must be made, the ENGINEER cannot guarantee the accuracy of its opinions of cost, and, in recognition of that fact, the TOWN waives any claim against the ENGINEER relative to the Res 17-10 AGREEMENT Westlake, TX SSES 4 of 7 2017 accuracy of the ENGINEER's opinion of probable construction cost. If prior to the Bidding or Negotiation Phase, TOWN wishes greater assurance as to Total Project or Construction Costs, TOWN shall employ an independent cost estimator. Section VII - General Considerations A. Standard of Practice Services performed by the ENGINEER under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise. B. Survival All obligations arising prior to the termination of this AGREEMENT and all provisions of this AGREEMENT allocating responsibility or liability between the TOWN and the ENGINEER shall survive the completion of the services hereunder and the termination of this AGREEMENT. C. Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as instruments of service shall remain the property of the TOWN. The ENGINEER shall retain these records for a period of five (5) years following submission of his or her report, during which period they will be made available to the TOWN at all reasonable times. If the TOWN wishes the ENGINEER to retain documents for a longer period of time, the TOWN shall so specify in advance, in writing, and shall pay in a timely manner all charges agreed to for the ENGINEER's maintenance of such documents beyond the time period otherwise prevailing. D. Reuse of Documents All documents including Drawings and Specifications prepared or furnished by the ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this AGREEMENT are instruments of service in respect of the Project and ENGINEER shall retain an interest therein whether or not the Project is completed. TOWN may make and retain copies for information and reference in connection with the use and occupancy of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at TOWN's sole risk and without liability or legal exposure to ENGINEER's independent professional associates or consultants, and TOWN shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising from or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. E. Termination of Services Res 17-10 AGREEMENT Westlake, TX SSES 5 of 7 2017 This AGREEMENT may be terminated in whole or part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party. Such termination may not be effected unless the other party is given not less than 10 days written notice (delivered by certified mail, return receipt requested) of intent to terminate and an opportunity for consultation with the terminating party and 10 days to cure such substantial failure. Irrespective of which party shall effect termination or the cause therefore, the TOWN shall within forty-five (45) calendar days of termination remunerate the ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER's prevailing fee schedule and expense reimbursement policy. Service shall include those rendered to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred to the time of termination, as well as those associated with termination and post-termination activities. Such costs shall not include payments to third parties engaged by the ENGINEER for services not yet performed. The TOWN may terminate this AGREEMENT with or without cause or reason. Upon receipt of a notice of termination from TOWN, the ENGINEER shall promptly discontinue all services affected (unless the notice directs otherwise) and deliver or otherwise make available to the TOWN (subject to "Reuse of Documents" provisions) all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated by the ENGINEER in performing this AGREEMENT, whether completed or in progress. F. Controlling Law and Disputes If any of the provisions of this AGREEMENT are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. However, the TOWN and the ENGINEER will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing or achieving the intent of the original provision. This AGREEMENT shall be governed by the laws of the State of Arkansas Pulaski County. The parties agree that they shall reasonably attempt to resolve any disputes regarding the interpretation of this AGREEMENT by informal negotiation, the final resolution of which disputes shall require the agreement of both parties. G. Successors and Assigns The TOWN and the ENGINEER each binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this AGREEMENT. Neither the TOWN nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent consultants, associates, and subcontractors as it may deem appropriate to assist it in the performance of services hereunder. Res 17-10 AGREEMENT Westlake, TX SSES 6 of 7 2017 The ENGINEER's use of others for additional services shall not be unreasonably restricted by the TOWN provided the ENGINEER notifies the TOWN in advance. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the TOWN and the ENGINEER, and all duties and responsibilities undertaken herein will be for the sole and exclusive benefit of the TOWN and the ENGINEER and not for the benefit of any other party. H. Dispute Resolution All claims, disputes or controversies arising from, or in relation to, the interpretation, application or enforcement of this AGREEMENT shall be decided through mediation or arbitration whichever is mutually agreed upon by TOWN and ENGINEER. I. Insurance During the course of performance of these services, RJN GROUP, INC. will maintain the following minimum insurance coverages: Type of Coverage Limits of Liability Workers’ Compensation Statutory Employers’ Liability $500,000 Each Accident Commercial General Liability Bodily Injury and $1,000,000 Combined Single Limit Property Damage Automobile Liability: Bodily Injury and $1,000,000 Combined Single Limit Property Damage Professional Liability Insurance $1,000,000 Each Claim Res 17-10 AGREEMENT Westlake, TX SSES 7 of 7 2017 IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT to be executed this day of , 2017. For the TOWN: Thomas E. Brymer, Town Manager ATTEST: For the ENGINEER: RJN GROUP, INC. Name: Daniel Jackson, PE Vice President Title ATTEST: Attachment A – Scope of Services and Compensation Res 17-10 Westlake SSES 1 2/16/2017 TOWN OF WESTLAKE SANITARY SEWER EVALUATION STUDY (SSES) SCOPE OF SERVICES Overview This Scope of Services covers the Sanitary Sewer Evaluation Study (SSES) tasks proposed to further investigate Basin #2 as recommended in the 2016 Flow Monitoring Report SSES Field Investigation for Basin #2 SSES Field Investigation Work will consist of manhole and visual pipe inspections, smoke testing, dye water flooding, cleaning and television inspections, and data analysis. Project Administration The Engineer shall coordinate the overall work of the project to include all field inspections, engineering analysis, and oversee the work of all Subconsultants engaged in such activities. The Engineer shall provide monthly progress reports that will show the percent completion of each task. A bi-monthly (i.e. every two months) progress meeting with the Town of Westlake will be conducted. Project Management The Consultant shall utilize a comprehensive Sewer Evaluation Project Management Software Platform that offers all of the tools necessary to execute a sewer evaluation program. The comprehensive tool shall include:  Project Management Tools (for use in setting up projects, requisitioning equipment, scheduling activities, production reports and Town of Westlake deliverables such as uptime reports, site visit summaries, inspection deliverables, etc.  Data Analysis Tools for use by the engineering and data analysis staff for preparing, assimilating, correcting and delivering project data. Public Information Program The Engineer shall conduct a public notification program prior to the field inspections in order to minimize potential alarm over the presence of field personnel in backyards and over the potential for entry of test smoke into the various premises. The ENGINEER may complete press releases to submit to the Town of Westlake, hold informational meetings, and coordinate with Town of Westlake staff. Notification will be given to the TOWN OF WESTLAKE, building owners, and residents by the distribution of door hangers at least 48 hours prior to commencing Res 17-10 Westlake SSES 2 2/16/2017 smoke testing activities. The local fire department, police department, emergency vehicle services (EMSA) and the TOWN OF WESTLAKE will be notified each day prior to tests through the use of facsimile machines/E-Mail. Special coordination with property managers will be necessary for hospitals, medical offices, banks, government buildings, and other large commercial facilities. The ENGINEER will respond to all telephone calls by building owners or occupants during all active phases of the project. Manhole Inspections Utilizing industry standard safety procedures and appropriate traffic control, all subsurface manhole components will be inspected. The manhole rim to invert dimension will be recorded for all connecting lines. All subsurface manhole components including the frame seal, walls, manhole bench and trough will be inspected. Potential maintenance problems are also recorded and provisions to repair the problems are included in the Technical Memorandum recommendations. Flow rates shall be estimated for major sources of I/I in each of the manholes inspected. Any major I/I sources or defects will be immediately reported to TOWN OF WESTLAKE. The recorded data includes the following:  Location and identification number  Potential for surface water ponding on manhole cover  Cover type, fit, distance above or below grade, evidence of inflow  Frame adjustment, type and condition of seal, evidence of inflow  Corbel construction, condition, evidence of inflow  Wall construction, condition, evidence in infiltration  Bench/trough construction, condition, deposition, evidence of infiltration  Pipe seal condition, evidence of infiltration  Step and rung condition  Inside diameter  Surcharging or evidence of surcharging  Indication of groundwater level at time of inspection  Maintenance problems  Line segment diameter and direction  Line segment observations from the manhole (selected manholes) A data management/computer model will be used to process and analyze the inspection data. Res 17-10 Westlake SSES 3 2/16/2017 ENGINEER shall notify TOWN OF WESTLAKE of manholes that are inaccessible, not found, buried, or believed to be non-existent. Manholes which present inconclusive evidence of I/I shall be earmarked as candidates for dye water testing in order to substantiate whether or not the suspect component is an I/I source. A prioritized list of manholes with suspect components shall be developed and presented to the TOWN OF WESTLAKE for review. Smoke Testing Smoke testing will be conducted using dual axial blowers. Smoke testing lengths shall be limited to one line segment between the upstream and downstream blower locations. Each 12-inch diameter and smaller segment shall be isolated by sandbagging. Smoke candles shall be used to generate smoke for the smoke testing. Segments totaling less than 500 feet may include straight through manholes. Smoke testing will be performed only during dry ground periods which are anticipated to be between July and September. Flags shall be placed at observed smoke locations and digital images shall be captured. All defects identified by smoke testing shall be flagged and photographed. Smoke defect locations shall be recorded on sketches or by obtaining GPS coordinates. All private sector smoke defect images shall be entered into the field inspection database. Main line defects and service lateral defects shall be carefully scrutinized to ensure that a conservative determination of public vs. private side defects is made. If necessary the line shall be earmarked for television inspection. During the smoke testing, each building in the vicinity of the line segment will be observed for evidence of illegal or illicit connections, or other defects. All such defects shall be noted on the smoke test form. Where suspect defects are identified but are not confirmed by the smoke test, the building address, type, and suspected defect shall be noted. All such buildings will be submitted to the TOWN OF WESTLAKE as candidates for a detailed building inspection or dyed water flooding. Upon review and approval by the TOWN OF WESTLAKE these buildings will be subsequently inspected by the Engineer. Dye Water Flooding Line segments requiring dye water testing will be identified on the basis of smoke test results. Prior to initiating dye water testing, a list of line segments recommended for dye water testing will be provided to the TOWN OF WESTLAKE for review and approval. The line segments on the list will be annotated as to the priority and reason for recommendation. It is anticipated that dyed water flooding of suspected downspouts, drains, and storm sewers in the downtown area may be performed in lieu of smoke testing. Res 17-10 Westlake SSES 4 2/16/2017 Dyed water flooding shall be conducted at selected locations prior to televised inspection to verify the existence of inflow and infiltration sources. Dye testing will also be conducted concurrently with television inspections on those line segments approved by the TOWN OF WESTLAKE for dye testing. The dye water will be induced into the line by flooding storm sewers and drainage ditches. Sufficient time will be allowed for the source to activate, at which time the television inspection equipment will be introduced into the line segment. Data Management / Quality Assurance Each field inspection form will be reviewed to ensure that the field data is complete and free from obvious errors or inaccuracies. Smoke test photos will be reviewed to ensure that background reference features appear in the photo. Manhole, visual pipe, smoke test and dyed water forms will be reviewed to ensure that they correlate with the TOWN OF WESTLAKE's atlas. Data entry will be performed concurrently with the field inspections to ensure that errors are identified, addressed, and corrected as soon after the inspection was performed as possible. All manhole, visual pipe, smoke testing, dyed water and any other observed defects shall be captured with a digital camera and loaded on to a CD or Flashdrive for delivery to the TOWN OF WESTLAKE. Discrepancies between the TOWN OF WESTLAKE's sewer atlas and actual field conditions will be recorded on standard forms and periodically delivered to the TOWN OF WESTLAKE. Basin #2 SSES Defect Analysis and Report At the conclusion of the field investigation services in Basin #2, an engineering analysis of field survey data shall be performed to develop recommendations for prioritizing I/I source repairs.  Develop rehabilitation and improvement costs for manhole and line repairs  Perform priority analysis for infiltration rehabilitation plan based on applicable rehabilitation method, material, and costs.  Perform priority analysis for inflow rehabilitation plan based on applicable rehabilitation method, material and costs.  Develop recommendations for rehabilitation of both public and private I/I sources in priority order, cost estimates by individual rehabilitation type, and estimated I/I reduction as a result of the recommendations. A description of field investigations, engineering analysis, and recommended action to reduce I/I in Basin #2 will be included in a Letter Report. Res 17-10 Westlake SSES 5 2/16/2017 --END— Basin #2 SSES Sub-Task Activity Quantity Units Rate Total Project Admin. 1 Lump Sum $4,810.00 $4,810.00 Manhole Inspections (surface) 15 Each $118.50 $1,777.50 Manhole Inspections (full descent)30 Each $160.20 $4,806.00 Smoke Testing 12,000 Linear ft. $0.57 $6,840.00 Dyed Water Flooding 5 Each $572.00 $2,860.00 CCTV Investigation 3,000 Linear ft. $5.38 $16,140.00 TV Data Review 3,000 Linear ft. $0.22 $660.00 Engineering Analysis / Reporting 1 Lump Sum $6,790.00 $6,790.00 SSES Total =$44,683.50 COMPENSATION TABLE Res 17-10 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, February 27, 2017 TOPIC: Consideration of an ordinance amending Chapter 70 of the Westlake Code of Ordinances by amending Sec. 70-10 Temporary Business Signs STAFF CONTACT: Ron Ruthven, 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: December 1, 2016 Completion Date: December 12, 2016 Funding Amount: 00.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On December 12, 2016 the Town Council approved amendments to Chapter 70 Signs in the Code of Ordinances adding a new section called “Temporary Business Signs”. The new section allowed new businesses in newly constructed buildings to display a banner on the building for a maximum period of 30 days. In order to better promote new business locating in existing buildings, staff proposes expanding the allowance to all new businesses such that a new business banner is permitted, regardless of whether not the business is located within a new building. Additionally, staff proposes extending the maximum time period that a banner may be displayed from 30 days to 60 days in order to provide additional time for the business to advertise its existence. The proposed sign amendments highlighting the proposed changes are drafted as follows: “Sec. 70-10. – Temporary Business Signs. (a) New Business Grand Opening Banner. The purpose of the new business grand opening banner is to allow a new business located within a new building the ability to advertise to the public its opening status for a temporary period. The following regulations apply to new business grand opening banners: (1) A banner allowed under this section may only be placed upon the issuance of the Certificate of Occupancy for a new business structure by the Town Manager or their designee. Subject to the time limitation below, the banner may be placed at any time within one year of the issuance of the Certificate of Occupancy. (2) Only one banner shall be permitted per premises; (3) The banner shall not exceed 50 square feet in size; (4) The banner shall be attached to the principal structure, or leased portion of the building if located in a building that is occupied by more than one tenant; (5) Upon placement, the maximum duration that the banner may be displayed is 30 60 consecutive days, after which the banner must be removed.” RECOMMENDATION Staff recommends approval of the proposed amendments. ATTACHMENTS 1. Proposed ordinance. Ordinance 818 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE 818 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 70 SIGNS, SEC. 70-10 TEMPORARY BUSINESS SIGNS; 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 it would be in the best interests of the community to amend regulations for temporary business signs such that all new business may place temporary signage on said business; and WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact this ordinance providing for amendments to temporary business signage requirements; and 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 Chapter 70 – Signs, Section 10 Temporary Business Signs as follows: Sec. 70-10. – Temporary Business Signs. (a) New Business Grand Opening Banner. The purpose of the new business grand opening banner is to allow a new business the ability to advertise to the public its opening status for a temporary period. The following regulations apply to new business grand opening banners: (1) A banner allowed under this section may only be placed upon the issuance of the Certificate of Occupancy for a new business by the Town Manager or their designee. Subject to the time limitation below, the banner may be placed at any time within one year of the issuance of the Certificate of Occupancy. Ordinance 818 Page 2 of 2 (2) Only one banner shall be permitted per premises; (3) The banner shall not exceed 50 square feet in size; (4) The banner shall be attached to the principal structure, or leased portion of the building if located in a building that is occupied by more than one tenant; (5) Upon placement, the maximum duration that the banner may be displayed is 60 consecutive days, after which the banner must be removed; 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 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 27th DAY OF FEBRUARY 2017. ____________________________ Laura Wheat, Mayor ATTEST: _______________________________ _______________________________ 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 Monday, February 27, 2017 TOPIC: Conduct a public hearing and consider approval of amendments to Ordinance 693, which approved Planned Development District 1-3 (PD 1-3), commonly known as Granada, an approximately 84-acre tract of land located at the northeast corner of Davis Boulevard and Dove Road, in order to amend the approved concept plan and provide for other minor amendments. STAFF CONTACT: Joel Enders, Development Coordinator & Management Analyst 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 Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 13, 2017 Completion Date: February 27, 2017 Funding Amount: 00.00 Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As originally proposed, the area contained within the Granada entryway roundabout (Lot 88X) was to contain a “ruined chapel” hardscape feature. After resident feedback and meetings with current/future homeowners, the Developer of Granada Phase II is proposing a more landscape oriented entryway feature that will include seasonal planting beds and accent lighting of existing trees. Vegetation The proposed layout will utilize existing trees only; no trees are proposed to be planted or removed. Seasonal plantings will be located at four focus points (see attached layout map) supported by landscape retaining walls. Lighting Landscape lighting is provided by 20 tree moonlights, to be located on existing trees, and four hooded uplights to accentuate the planting bed facing the main entrance. Light fixtures are proposed to be LED type, between 12.5 and 29 watts depending on light location. The attached photometric study shows illumination levels (0.1 footcandles or less at neighboring properties) in compliance with Town Outdoor Lighting Standards. RECOMMENDATION  Town staff recommends approval as proposed.  The Planning & Zoning Commission recommended this item on February 13, 2017. ATTACHMENTS 1. Site Map 2. Exhibit to be attached to Granada Concept Plan (Exhibit 2 of Ordinance 693). Attachment 1: SP-01-17-17 Granada Entryway Site Map Ordinance 819 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 819 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING DISTRICT 1-3 (PD 1-3), AN APPROXIMATELY 84 ACRE TRACT GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF FM 1938/DAVIS BOULEVARD AND DOVE ROAD, COMMONLY KNOWN AS GRANADA; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 693 established Planned Development District 1-3 (PD 1-3), an approximately 84 acre tract generally located near the northeast corner of FM 1938/Davis Boulevard and Dove Road for the purpose of establishing a residential subdivision; 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, 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 February 13, 2017 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendment to Ordinance 693 shown in attached Exhibit A; 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 February 27, 2017 by the Town Council; and 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 amendment to Ordinance 693, shown in attached Exhibit A, should be approved and adopted. Ordinance 819 Page 2 of 3 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 following amendments to Exhibit 2, “PD Concept Plans,” of Ordinance 693, as shown in EXHIBIT A, are hereby authorized. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. 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 27th 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 Ordinance 819 Page 3 of 3 EXHIBITS EXHIBIT A Granada Entryway Site Plan Ordinance 819 Ordinance 819 Ordinance 819 Ordinance 819 Ordinance 819 Ordinance 819 Ordinance 819 Ordinance 819 EXECUTIVE SESSION a. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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: Utility District taxing and service jurisdiction d. 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. 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 Town Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting NECESSARY ACTION a. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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: Utility District taxing and service jurisdiction d. 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 - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. 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 Town Council Item # 8 – 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 # 9 – Future Agenda Items Town Council Item # 10 – Adjournment Regular Session