HomeMy WebLinkAbout02-25-13 Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
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TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
February 25, 2013
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE FEBRUARY 25, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
4. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will be no presentations associated with the report items) There will be no separate
discussion unless a Board Member requests that report be removed and considered
separately.
a. Annual report from the Keller Police Department relative to police services for
the Town of Westlake.
5. DISCUSSION ITEMS
a. Overview of annual Comprehensive Annual Financial Report (CAFR) presented by
Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year
ended September 30, 2012. (15 min)
b. Presentation regarding Presentation and discussion on Utility Rate Study. (30
min)
c. Discussion of Zoning Change Application Z-10-01-12 (Westlake Vellecito) and
Zoning Change Application Z-10-02-12 (Granada). (30 min)
d. Discussion of the Status and Overview of the Comprehensive Plan Update
Process. (15 min)
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Town of Westlake Certificate of Convenience & Necessity (CCN) for
water and sewer service.
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
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9. COUNCIL RECAP / STAFF DIRECTION
10. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens
to address the Council on any matter whether or not it is posted on the agenda. The
Council cannot by law take action nor have any discussion or deliberations on any
presentation made to the Council at this time concerning an item not listed on the
agenda. The Council will receive the information, ask staff to review the matter, or an
item may be noticed on a future agenda for deliberation or action.
3. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from
the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on January 28, 2013.
b. Consider approval of the minutes from the Joint meeting held on February 4,
2013.
c. Consider approval of Resolution 13-04, Approving a Contract with Denton
County for the May 11, 2013, Election.
d. Consider approval of Resolution 13-05, Accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P.,
Certified Public Accountants, for the fiscal year ended September 30, 2012.
e. Consider approval of Resolution 13-06, Approving an Economic Development
Agreement Between the Town of Westlake and the Marriott Solana Hotel.
4. CONSIDERATION OF RESOLUTION 13-07, DIRECTING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION IN THE AMOUNT OF $9.5 MILLION FOR
WESTLAKE ACADEMY EXPANSION AND A PORTION OF THE GROUND STORAGE
TANK PROJECT.
5. CONTINUE THE PUBLIC HEARING AND CONSIDERATION ORDINANCE 690, TO
AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”.
The applicant has requested item #6 be pulled from the agenda for further discussion.
There will be no action taken on this item.
Page 4 of 5
6. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 692
FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND
DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2)
INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY
DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE
STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2
TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85
ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938
(DAVIS BLVD) AND SOLANA BOULEVARD.
7. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 693,
FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND
DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3)
INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT
STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING
DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN,
AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.)
TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND
DOVE ROAD.
8. DISCUSSION AND CONSIDERATION OF RESOLUTION 13-08, APPROVING A
WESTLAKE ACADEMY CAMPUS DEVELOPMENT PLAN (PHASE I) ADDING A
CAFETORIUM, THREE-STORY SECONDARY CLASSROOM BUILDING, AND A
FIELDHOUSE.
9. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiation s –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Town of Westlake Certificate of Convenience & Necessity (CCN) for
water and sewer service.
10. RECONVENE MEETING
11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
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12. 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.
13. STRATEGIC ISSUES CALENDAR
14. COUNCIL CALENDAR
15. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE
SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER
SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS
GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
February 21, 2013 by 8:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government
Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on January 28, 2013.
b. Consider approval of the minutes from the Joint meeting held on February 4, 2013.
c. Consider approval of Resolution 13-04, Approving a Contract with Denton
County for the May 11, 2013, Election.
d. Consider approval of Resolution 13-05, Accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified
Public Accountants, for the fiscal year ended September 30, 2012.
e. Consider approval of Resolution 13-06, Approving an Economic Development
Agreement Between the Town of Westlake and the Marriott Solana Hotel.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Annual report from the Keller Police Department relative to police services
for the Town of Westlake.
Town of Westlake
Item # 4–
Reports
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estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Annual report from the Keller Police Department relative to police services for the Town
of Westlake
STAFF CONTACT: Amanda DeGan, Assistant to the Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: February 25, 2013 N/A
Funding: Amount – N/A Status - N/A Source - N/A
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Customer Focus CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
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EXECUTIVE SUMMARY
Each year, the police department provides the Town Council with an update and/or report
regarding the enforcement activities and levels of service for the community. The requirement is
also referenced in the Town’s Strategic Issues-focused Governance System (SIGS) as an
important staff action item.
The current report has been compiled by Chief Mark Hafner and contains the yearly information
as well as a chart outlining the historical data for our contractual period with the agency.
ORGANIZATIONAL HISTORY/RECOMMENDATION
0T
ATTACHMENTS
Annual Keller Police Department Service Report
DISCUSSION ITEMS
a. Overview of annual Comprehensive Annual Financial Report (CAFR) presented by
Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year ended
September 30, 2012. (15 min)
b. Presentation regarding Presentation and discussion on Utility Rate Study. (30 min)
c. Discussion of Zoning Change Application Z-10-01-12 (Westlake Vellecito) and
Zoning Change Application Z-10-02-12 (Granada). (30 min)
d. Discussion of the Status and Overview of the Comprehensive Plan Update Process.
(15 min)
Town of Westlake
Item # 5 –
Discussion Items
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Acceptance of the annual Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for
the fiscal year ended September 30, 2012.
STAFF CONTACT: Debbie Piper, Finance Director
DECISION POINTS
Start Date Completion Date
Timeframe: February 25, 2013 February 25, 2013
Funding: Amount - $27,000 Status- Funded Source- Allocated to General
Fund, Utility Fund and Visitors Association Fund
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship
FS.Maintain Excellence in
Reporting and Financial
Standards
Strategic Issue Outcome
Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
5. Budget according
to established
service level
provisions within
departments.
SA 09B1: Financial Analysis
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
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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 unqualified 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, 2012. We are also pleased that there were no “Management
Letter” comments for the current year.
As implemented in previous years, 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. This information has been included in the financials and in the
footnotes. It was also noted 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.
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.
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 fifth 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, 2012 CAFR is in compliance with these disclosure requirements, and the Town
will be awarded our 6th consecutive certificate.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Acceptance of the annual CAFR
ATTACHMENTS
Resolution
(Draft) Comprehensive Annual Financial Report for the FY ended September 30, 2012
A Premier Knowledge Based Community
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estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Presentation and discussion on Utility Rate Study
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: January 28, 2013 March 25, 2013
Funding: Amount - 0T Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
1. Existing
Infrastructure
Reinvestment
(Current Assets)
SA 05.4: Financial Policy
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
The current utility rates and structure were adopted in June 2011 and adjusted for rate increases
(pass-through) from the City of Fort Worth, our wholesale water provider, and Trinity River
Authority, our wholesale wastewater provider.
Town staff recently conducted a comprehensive rate study with a rate consultant , Carolyn
Marshall. Municipalities typically conduct a comprehensive rate stud like this about every three
years, with staff making adjustments in between. The purpose of the study is to determine
whether the Utility Fund is accomplishing full recovery of cost of services while maintaining an
appropriate fund reserve balance in accordance with the Town’s adopted Financial Policy. The
rate study conducted by Mrs. Marshall included the review of historical water/sewer
consumption and revenues/expenditures, current rate structure, meetings with Town staff, and a
computer rate model.
Current projected water revenues will be under-performing by -3% and sewer revenues will be
under performing by -23%.
ORGANIZATIONAL HISTORY/RECOMMENDATION
0T
ATTACHMENTS
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Workshop Meeting
0T
Monday, February 25, 2013
TOPIC: Discussion of Zoning Change Application Z-10-01-12 (Westlake Vallecito) and Zoning
Change Application Z-10-02-12 (Granada).
STAFF CONTACT: Tom Brymer, Town Manager
Eddie Edwards, Director of Planning and Development
Decision Points
Start Date Completion Date
Timeframe: December 10, 2012 Februar 25, 2013
Funding: Amount - None. Status- N/A Source- N/A
0T
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
This is workshop agenda item provides the Town Council with an opportunity to review, discuss,
and ask questions regarding the Staff report, proposed ordinances, related documents as well as
the status pertaining to these 2 zoning change applications.
ORGANIZATIONAL HISTORY/RECOMMENDATION
On December 10, 2012 the Planning & Zoning Commission and the Town Council heard these
two (2) zoning change requests. The Commission continued the public hearing and tabled
consideration of these requests until January 22, 2013. The Town Council continued the public
hearing and tabled consideration of these requests until January 28, 2013. The requests are as
follows:
Zoning Change Request Z-10-01-12 (Westlake Vallecito): The Applicant is Jeffory D.
Blackard, the Owner is Maguire Partners-Solana Land, LP (Mehrdad Moayedi), and the
Developer is Centurion American Development Group. Subject property is an approximately 85
acre tract generally located at the northeast Corner of FM 1938 and Solana Boulevard. A mixed
use planned development is proposed that will blend a wide range of various uses (offices,
governmental, retail, restaurants, business services, medical services, establishments, conference
center type meeting space, single family residential detached homes, villas, as well as multi-
family uses (condominiums and flats) using a design for a European style (Spanish) village
tentatively named Westlake Vallecito. Note: the applicant is withdrawing this request at this
time.
Zoning Change Request Z-10-02-12: The Owner is Maguire Partners-Solana Land, LP
(Mehrdad Moayedi). The Applicant and Developer is Centurion American. Subject property is
an approximate 84 acre tract of land generally located at the northeast corner of FM1938 and
Dove Road, extending north to Solana Blvd. Proposed use is single-family residential with
approximately one (1) dwelling per acre gross density. The applicant agreed to revise his
application at a joint Town Council/P&Z workshop on February 4, 2013 (see regular meeting
agenda materials for these proposed changes). With the proposed changes, the total lots
proposed are 84 in number with the average lot size proposed at 30,000 sq. ft (approx.). The
P&Z voted at 4-1 at their February 20, 2013 regular meeting to recommend approval of this
application with the changes agreed to by the applicant at the February 4th meeting.
Attachments
N/A
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Discussion of the Status and Overview of the Comprehensive Plan Update
Process
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: February 25, 2013 TBD
Funding: Amount - None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
The purpose of this agenda item is to discuss the status of the process for updating the Town’s
Comprehensive Plan as well as use of a Town Council appointed Task Force to work with the
Town’s consultant (once selected) for updating the Town’s Comprehensive Plan.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Updating the Town’s Comprehensive Plan is a Council priority in its Strategic Issues
Governance System. A joint workshop with the Planning & Zoning Commission was held on
October 19 2012 to further refine both bodies’ positions on key policy issues related to updating
the Town’s Comprehensive Plan. The feedback from this joint workshop will be included in the
Request for Proposals for consultant services for updating the Comprehensive Plan.
ATTACHMENTS
1. Survey results from joint Town Council/P&Z Workshop held October 19, 2012.
EXECUTIVE SESSION
a. Section 551.087: Deliberation Regarding Economic Development Negotiations
– to deliberate the offer of a financial or other incentive to a business
prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers,
or other legal matters not related directly to litigation or settlement. Pending
or contemplated litigation and settlement offers include but are not limited to
the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations
– to deliberate the offer of a financial or other incentive to a business
prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers,
or other legal matters not related directly to litigation or settlement. Pending
or contemplated litigation and settlement offers include but are not limited to
the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
Town of Westlake
Item # 8 – Take any
Necessary Action, if
necessary
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #9
Council Recap /
Staff Direction
Town of Westlake
Item # 10 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
a. Consider approval of the minutes from the meeting held on January 28, 2013.
b. Consider approval of the minutes from the Joint meeting held on February 4, 2013.
c. Consider approval of Resolution 13-04, Approving a Contract with Denton County
for the May 11, 2013, Election.
d. Consider approval of Resolution 13-05, Accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified
Public Accountants, for the fiscal year ended September 30, 2012.
e. Consider approval of Resolution 13-06, Approving an Economic Development
Agreement Between the Town of Westlake and the Marriott Solana Hotel.
Town of Westlake
Item # 3 –
Discussion of
Consent items
Town Council Minutes
01/28/13
Page 1 of 7
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
January 28, 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, David Levitan and
Rick Rennhack. Carol Langdon arrived at 5:19 p.m.
ABSENT: Clif Cox
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Town Attorney
Stan Lowry, Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, Human Resources & Administrative Services
Director Todd Wood, Communications & Community Affairs
Director Ginger Awtry, Fire Chief Richard Whitten, Director of
Information Technology Jason Power, WA Administrative
Coordinator Ben Nibarger, and Primary Principal Rod Harding.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:09 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REPORTS
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects
for the Quarter ended December 31, 2012.
b. Position Paper on 2013 Utility Rate Modification.
c. Report of inter-governmental partnership opportunities.
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d. A report regarding the Town's capacity for reinvestment in technology, FFE and
Capital Expenditures.
e. Report on Westlake Residential Survey / DirectionFinders.
Town Manager Brymer provided an overview of the regarding the Utility report.
4. DISCUSSION ITEMS
a. Discussion of Security Task Force Meeting Recommendations.
Assistant to the Town Manager DeGan provided an overview and progress of the
task force meetings.
Facilities and Recreation Director Meyer provided an overview regarding the
security camera options in the park and at the Academy. He also provided an
overview of permanent lighting options for Glenwyck Park.
Keller Police Chief Mark Hafner provided an overview regarding the police
coverage Keller Police Department provides to the Town.
Discussion ensued regarding the amount of time per district, officer initiated
calls, and the progress made regarding recent burglaries.
b. Discussion of the following; (1) proposed bond refunding, (2) issuance of $9.5
million in certificates of obligation for the Westlake Academy expansion and a
portion of the ground storage tank project, (3) purchase of portables for
Westlake Academy, (4) design contract for $8.5 million improvements, and (5)
Construction manager-at-risk services.
Tom Lawrence, Lawrence Financial Consulting, L.L.C., provided an overview of
the refunding structure, debt issuance and approximate savings .
Discussion ensued regarding the leveling of debt service, savings from past
refunding, selecting a Construction Manager at Risk, scale of the buildings,
egress and ingress on campus, and traffic flow concerns.
Town Manager Brymer provided an overview of the items proposed for the debt
issuance regarding the ground storage tank to preserve the general fund balance
and debt issuance to fund Westlake Academy campus expansion.
Michael Bennett, Bennett, Benner, Pettit, Inc., provided an overview of the
construction contract and the timeline of construction.
Town Manager Brymer provided a copy of the five (5) year financial forecast,
reviewed the Blacksmith fund pledges, Westlake Academy reserve amount, and
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an enrollment overview using information from the S chool Districts Strategy
report.
WA Administrative Coordinator Nibarger provided an overview of proposed
options to manage student growth with current and propose developments.
Tom Lawrence, Lawrence Financial Consulting, L.L.C., also discussed the
financing schedule to issue combination tax & revenue certificates.
c. Discussion of Zoning Change Application Z-10-01-12 (Westlake Vellecito) and
Zoning Change Application Z-10-02-12 (Granada).
Town Manager Brymer provided an overview of the zoning request items listed
on the regular agenda.
Town Manager Brymer stated that the applicant would like to form a study group
to work together on the proposed developments including a combination of
residents, Town Council and Planning and Zoning members to further discuss
both proposed developments.
Discussion ensued regarding the amount of land that is currently zoned for
residential developments, number of acres of commercial land, creating a facts
sheet for residents, the effect of zoning decisions, and the frequency of
amending the Town’s comprehensive plan.
5. COUNCIL RECAP / STAFF DIRECTION
Provide a copy of the position paper to residents in their utility bill or place a link on the
website for residents to access the paper.
Consider not permitting any type of utility vehicles such as golf carts, ATVs and
motorcycles on trails.
6. ADJOURNMENT
Mayor Wheat adjourned the workshop at 7:01 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:30 p.m.
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2. CITIZEN PRESENTATIONS AND RECOGNITIONS
Michael Keeley, 1853 Broken Bend, stated that he is not aware of the specific detai ls of
the proposed developments, but he is in opposition of the proposed lot sizes within the
residential development and apartments in the mixed use development.
Jennifer McKnight, Director of Trophy Club District MUD #1, 100 Municipal Drive, stated
she is not in opposition of either development, but is concerned that Westlake will be
providing the water and wastewater services to those proposed developments. She would
like to work with town staff to work through any issues regarding service to these areas.
Kathleen Harris, 1604 Creekwood Court, spoke in opposition of both proposed
developments stating that the developments should adhere to current zoning regulations
and development standards.
Michael Crow, 1604 Creekwood Court, spoke in opposition of both proposed developments
stating that he moved here due to the Town’s current zoning regulations. He stated he
had concerns regarding density and possible transient population due to rental property.
He is for growth but asked the Council to review carefully; making us a premier
community.
Mike Mauler, 1855 Broken Bend, spoke in opposition of the proposed development due to
concerns regarding condos or apartments, expanding and issuing debt for Westlake
Academy, and asked the Council to step back and look at the vision of the town for a long
term plan for the community.
BeaAnn Arthur, 1755 Dove Road, spoke in opposition of both proposed developments due
to emails from residents, which oppose the developments, the use of one (1) home
builder, and proposed apartments in the mixed use development.
3. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on December 10, 2012.
b. Consider approval of the minutes from the meeting held on January 7, 2013.
c. Consider approval of Ordinance 694, Calling the May 11, 2013, General Election.
(Considere aprobación de Ordenanza 694, Llamando el 11 de mayo de 2013, la Elección general )
d. Consider approval of Ordinance 695, Calling the May 11, 2013, Special
Election. (Considere aprobación de Ordenanza 695, Llamando el 11 de mayo de 2013, la
Elección special)
e. Consider approval of Resolution 13-01, Awarding the bid for Automated
Ambulance Billing and Accounts Receivable Services to Emergicon, L.L.C.
f. Consider approval of Ordinance 696, Amending Chapter 78 titled “Streets,
Sidewalks and Other Public Places” Article I “In General” by renaming Article I and
adding Section 78-1, Providing for Public Park Hours.
Council Member Levitan asked for clarification regarding the prosed ordinance
addressing the use of golf carts on the trails.
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MOTION: Council Member Levitan made a motion to approve the consent
agenda with revisions as discussed to the minutes and Ordinance
694. Council Member Langdon seconded the motion. The motion
carried by a vote of 4-0.
Pursuant to LGC 211.007(b) The Town Council may not take action, however discussion
may ensue, on items 4, 5 and 6 of the agenda until the Planning and Zoning Commission
makes a final recommendation. The Planning and Zoning Commission postponed this
item during the January 22, 2013, meeting until February 20, 2013.
4. CONTINUE THE PUBLIC HEARING AND CONSIDERATION ORDINANCE 690, TO
AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”.
Mayor Wheat opened the Public Hearing.
No one addressed the Council. Residents were provided an opportunity to address the
Council regarding items 4, 5, and 6 during the citizen presentations portion of the agenda.
Mayor Wheat stated, upon advice from the Town Attorney, should this item be tabled at
the February 25, 2013, meeting the Town will need to start the zoning process over.
MOTION: Council Member Rennhack made a motion to table Ordinance 690
and continue to the public hearing on February 25, 2013. Council
Member Langdon seconded the motion. The motion carried by a
vote of 4-0.
5. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 693,
FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND
DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3)
INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT
STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING
DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN,
AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.)
TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND
DOVE ROAD.
No one addressed the Council. Residents were provided an opportunity to address the
Council regarding items 4, 5, and 6 during the citizen presentations portion of the agenda.
MOTION: Council Member Levitan made a motion to table Ordinance 693
and continue to the public hearing on February 25, 2013. Council
Member Barrett seconded the motion. The motion carried by a vote
of 4-0.
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6. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 692
FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND
DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2)
INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY
DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE
STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2
TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85
ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938
(DAVIS BLVD) AND SOLANA BOULEVARD.
No one addressed the Council. Residents were provided an opportunity to address the
Council regarding items 4, 5, and 6 during the citizen presentations portion of the agenda.
MOTION: Council Member Barrett made a motion to table Ordinance 692
and continue to the public hearing on February 25, 2013. Council
Member Langdon seconded the motion. The motion carried by a
vote of 4-0.
7. DISCUSSION AND CONSIDERATION OF ADOPTING AN ORDINANCE 697
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS;
ESTABLISHING PROCEDURES FOR THE SALE AND DELIVERY OF THE BONDS;
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS;
PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS
RELATED TO THE SUBJECT TO INCLUDE “DELEGATED PRICING”. (2)
Tom Lawrence, Lawrence Financial Consulting, L.L.C., provided an overview regarding the
timing of the issuance, delegating pricing options, and perimeters set in the ordinance.
MOTION: Council Member Rennhack made a motion to approve Ordinance
697. Council Member Langdon seconded the motion. The motion
carried by a vote of 4-0.
8. CONSIDERATION OF ADOPTING A RESOLUTION 13-02 AUTHORIZING THE
TOWN’S CONSULTANTS AND STAFF TO PREPARE FOR THE ISSUANCE OF
CERTIFICATES OF OBLIGATION IN THE AMOUNT OF $9.5 MILLION. (3)
Town Manager Brymer provided an overview of the process authorizing staff to proceed
with the issuance of certificates of obligation.
MOTION: Council Member Barrett made a motion to approve Resolution 13-
02. Council Member Levitan seconded the motion. The motion
carried by a vote of 4-0.
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9. DISCUSSION AND CONSIDERATION REGARDING RESOLUTION 13-03, A
CONTRACT WITH BENNETT, BENNER, PETTIT, INC. , FOR ARCHITECTURAL
SERVICES OF THE PHASE ONE OF THE WESTLAKE ACADEMY CAMPUS
EXPANSION PROJECT.
Facilities and Recreation Director Meyer provided an overview of the agreement.
MOTION: Council Member Langdon made a motion to approve Resolution
13-03. Council Member Rennhack seconded the motion. The
motion carried by a vote of 4-0.
10. FUTURE AGENDA ITEMS
- None
11. STRATEGIC ISSUES CALENDAR
12. COUNCIL CALENDAR
13. 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 Langdon seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 8:03 p.m.
APPROVED BY THE TOWN COUNCIL ON FEBRUARY 25, 2012.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
02/04/13
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL & PLANNING AND ZONING COMMISSION
WORKSHOP
February 4, 2013
PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Clif Cox, Carol
Langdon, David Levitan and Rick Rennhack.
PRESENT: Planning & Zoning members: Commissioners Allen Heath, Walter Copeland, and
Wayne Stoltenberg.
ABSENT: Planning and Zoning Chairman Bill Greenwood and Commissioner Tim Brittan
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Finance Director Debbie Piper, Communications & Community
Affairs Director Ginger Awtry, Planning and Development Director
Eddie Edwards, Facilities and Recreation Director Troy Meyer,
Public Works Jarrod Greenwood, WA Administrative Coordinator
Ben Nibarger, and Alternate Planning and Zoning Commissioner
Sharon Sanden.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 8:34 p.m.
2. DISCUSSION REGARDING THE COMPREHENSIVE PLAN, ZONING CHANGE
APPLICATION Z-10-01-12 (WESTLAKE VALLECITO) AND ZONING CHANGE
APPLICATION Z-10-02-12 (GRANADA).
Town Manager provided a presentation and overview of the Comprehensive Plan
Planning and Development Director Edwards provided an additional presentation and
chronological order of amendments to the Comprehensive Plan.
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02/04/12
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Summary of changes to the concept plan and design standards relating to the residential
zoning request:
- Reduce number of lots from 89 to 84.
- Front and rear setbacks to match R1 Zoning district. Front/ rear 40 feet and sides
20 feet.
- 30,000 square foot average lot size.
- Lower maximum building height from 35 feet to 28 feet measured at mid-span of
roof, similar to Vaquero requirements.
- Roofing types. No composition roofs. Tile or slate or similar roofing as approved
only.
- Exterior wall material must be primarily stone with a maximum of 30% brick or
stucco as accent. Exception: Tuscan or Mediterranean style houses.
- Wood windows only. No aluminum or vinyl.
- New concept plan reflecting the changes noted above. Same general layout and
boundaries.
- Town taking back the responsibility for FM1938 Streetscape installation.
Discussion ensued regarding the following:
Possible zoning of vacant tracts of land surrounding Terra Bella, Glenwyck, and Solana.
Differences between the Comprehensive Plan and Land Use Map.
Vaquero and Glenwyck architectural requirements.
An architectural planner to provide an expert report on probable price point for a home
built using the proposed standards.
Average homes would be 5,000 square feet and lot prices of approximately $250,000.00.
The length of time to complete the subdivision using custom builders.
Building phases including infrastructure, streetscape and tree mitigation plans.
Traffic impact should the property remain commercial.
Mr. Mehrdad Moayedi stated that the proposed Granada subdivision is meeting the same
architectural standards as set forth in Vaquero.
Discussion also ensued regarding the quality of the proposed subdivision, production
builders, custom home builders, and creating an FAQ for residents.
Mayor Wheat then asked Mr. Moayedi for an update regarding Vallecito proposed mixed
use development.
Mr. Moayedi stated that he has listened to residents and believes most are comfortable
with the concept but not with the inclusion of multi-family rental units. They are in the
process of revising the concept plan which would allow for approximately 350 owned
townhomes or condos that will allow for height in the development along the water.
He also stated that they will be withdrawing the current zoning request for Vallectio at the
next Planning and Zoning Commission and Town Council meeting.
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02/04/12
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3. ADJOURNMENT
There being no further business before the boards, Mayor Wheat adjourned the workshop
at 10:48 p.m.
APPROVED BY THE TOWN COUNCIL ON JANUARY 28, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, February 25, 2013
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 11, 2013.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: January 28, 2013 May 11, 2013
Funding: Amount - $450.00 Status- Funded Source- General Fund
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Operational
Processes N/A
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
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 5-7 registered
voters in the county.
The order calling the General Election was passed on January 28, 2013. As outlined in the
election order, the term of office for the elected officials is two (2) years. (expiring May 2015).
There are three (3) Council seats that expire May 2013. Those are Council Members Langdon,
Levitan, and Rennhack.
The order calling the Special Election was passed on January 28, 2013. As outlined in the
election order, the term of office for the elected official is a one (1) year. (expiring May 2014).
Currently this seat is held by Mr. Michael Barrett .
The final amount may fluctuate based on the number of entities that enter into the Joint Contract.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Adopt the resolution and contract.
ATTACHMENTS
Resolution and contract
Resolution 13-04
Page 1 of 1
TOWN OF WESTLAKE
RESOLUTION NO. 13-04
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 11, 2013.
WHEREAS, the Town of Westlake will conduct a General Election on May 11, 2013; and
WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each
entity that said elections be held jointly on May 11, 2013; 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.
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 11, 2013, 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 25th DAY OF FEBRUARY 2013.
ATTEST:
_______________________________
____________________________ Laura L. Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM: _______________________________
Thomas E. Brymer, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Resolution 13-XX
Page 1 of 11
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:
Town of Argyle
City of Aubrey
Town of Bartonville
City of Celina
Town of Copper Canyon
City of Corinth
Town of Corral City
Town of Cross Roads
City of Denton
Town of DISH
Town of Double Oak
Town of Flower Mound
City of Fort Worth
City of Frisco
Town of Hackberry
Town of Hebron
Town of Hickory Creek
City of Highland Village
City of Justin
City of Krugerville
City of Krum
City of Lake Dallas
City of Lakewood Village
City of Lewisville
Town of Lincoln Park
Town of Little Elm
Town of Northlake
City of Oak Point
City of Pilot Point
Town of Ponder
Town of Prosper
Town of Providence Village
City of Sanger
Town of Shady Shores
City of Southlake
Town of Trophy Club
Town of Westlake
Argyle Independent School District
Aubrey Independent School District
Celina Independent School District
Denton Independent School District
Frisco Independent School District
Krum Independent School District
Lake Dallas Independent School District
Lewisville Independent School District
Little Elm Independent School District
Northwest Independent School District
Pilot Point Independent School District
Ponder Independent School District
Prosper Independent School District
Sanger Independent School District
Alpha WCID
Belmont Fresh Water Supply District No. 1
Belmont Fresh Water Supply District No. 2
Canyon Falls MUD 2
Canyon Falls WCID 1
Clear Creek Watershed Authority
Denton County Fresh Water Supply District No. 1-A
Denton County Fresh Water Supply District No. 1-B
Denton County Fresh Water Supply District No. 1-C
Denton County Fresh Water Supply District No. 1-D
Denton County Fresh Water Supply District No. 1-E
Denton County Fresh Water Supply District No. 1-F
Denton County Fresh Water Supply District No. 1-G
Denton County Fresh Water Supply District No. 1-H
Denton County Fresh Water Supply District No. 4
Denton County Fresh Water Supply District No. 4-A
Denton County Fresh Water Supply District No. 6
Denton County Fresh Water Supply District No. 7
Denton County Fresh Water Supply District No. 8-A
Denton County Fresh Water Supply District No. 8-B
Denton County Fresh Water Supply District No. 8-C
Denton County Fresh Water Supply District No. 9
Denton County Fresh Water Supply District No. 10
Denton County Fresh Water Supply District No. 11-A
Denton County Fresh Water Supply District No. 11-B
Denton County Fresh Water Supply District No. 11-C
Denton County MUD #7
Lake Cities Municipal Utility Authority
Meadows Road Improvement District
Mustang SUD
North Fort Worth WCID No. 1
Oak Point WCID #1
Oak Point WCID #2
Oak Point WCID #3
Providence Village WCID
Smiley Road WCID
South Denton County WCID #1
The Lakes Fresh Water Supply District
Valencia
Resolution 13-XX
Page 2 of 11
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 11, 2013 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 11, 2013.
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 Denton County and 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.
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 polling places where jurisdictions overlap. Multiple ballot styles
shall be available in those shared polling places where jurisdictions do not 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.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United
States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting
Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of
the joint submission and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any
special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to
prepare their own submissions to the United States Department of Justice for special election procedures, or any changes
that are specific to their own political subdivision.
Resolution 13-XX
Page 3 of 11
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint
election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the
event that any polling places are changed after the original submission is filed, including changes resulting from the
withdrawal of one or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all 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). 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 use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 11, 2013 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 11, 2013 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 11, 2013 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.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. 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 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.
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Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the rate of $7 per hour.
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. 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). 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.
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.
Resolution 13-XX
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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
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
In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early
voting activity will be available the following business day. 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.
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.
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: Eric Leija, Denton County Technical Operations Manager
Presiding Judge: Jason Barnett, Deputy Elections Administrator
Alternate Judge: Paula Paschal, Contract Manager
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. 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 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
Resolution 13-XX
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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 will prepare 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 agrees to upload
these reports for each participating authority, unless requested otherwise.
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
Denton County Elections will consider conducting elections in territories outside of Denton County on a case-by-
case basis.
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. If necessary, any voting changes made by a participating authority between the
original election and the runoff election, shall be submitted by the authority making the change to the United States
Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 11, 2013 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 15, 2013. This date may be negotiable based on the Secretary of State’s calendar for
elections in 2013.
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.
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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.
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
Resolution 13-XX
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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.
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 Judge 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.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of
this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating
authority’s obligation under the terms of this agreement shall be calculated after the May 11, 2013 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority
Resolution 13-XX
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shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the
Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the
Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are
calculated.
The total estimated obligation and required deposit for each participating authority under the terms of this
agreement shall be as follows:
Estimated Deposit
Political Subdivision Cost
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XVII. SIGNATURE PAGE (separate page)
Resolution 13-XX
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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 ___________, 2013 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the ______ day of ___________, 2013 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
ACCEPTED AND AGREED TO BY THE WESTLAKE, TEXAS:
APPROVED: ATTESTED:
_________________________________ ___________________________________
Laura Wheat, Mayor Kelly Edwards, Town Secretary
Resolution 13-05
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ACCEPTING THE ANNUAL COMPREHENSIVE ANNUAL FINANCIAL
REPORT PRESENTED BY PATTILLO, BROWN & HILL, L.L.P., CERTIFIED
PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2012.
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 fiscal year 2011-2012
Comprehensive Annual Financial Report from Pattillo, Brown & Hill, L.L.P., Certified Public
Accountants 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 13-05
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY, 2013.
__________________________________
Laura Wheat, Mayor
ATTEST:
____________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Consideration of a Resolution Approving an Economic Development Agreement
Between the Town of Westlake and the Marriott Solana Hotel.
STAFF CONTACT: Debbie Piper, Finance Director
DECISION POINTS
Start Date Completion Date
Timeframe: February 25, 2013 February 24, 2014
Funding: Amount - $80,000 Status- Funded Source- Visitors Association Fund
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Financial Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
6. Maximize the service
provision level to our
customers through the use of
the shared services model,
public/private partnerships,
and implementation of
innovative inter -
governmental agreements.
SA 06.1: Seek Partnerships
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 3
EXECUTIVE SUMMARY
This portion of the proposed twelve (12) month economic development grant agreement is in the amount of
$80,000. The total amount is $30,000 less than the 11-12 agreement which also included the Group Business
Incentive Program (Incentive Program). We are currently in discussions with Marriott management regarding
reworking the “Incentive Program”; therefore this agreement only pertains to the “Shuttle Bus Transportation
Cost Participation” of the agreement. Staff will bring an amendment to Council regarding the updated
“I ncentive Program” once the Marriott staff has presented the new program and the proposed details to Staff.
If approved, this would be the fourth consecutive year that the Town has partnered with the Marriott Solana
Hotel via a two (2) component economic development agreement (prior to 4 years ago, the Town participated
in only the Hotel’s shuttle bus system costs).
In previous years, there were two (2) components to this proposed economic development grant that would
disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. As stated previously, this
agreement will be brought to you in two separate portions. The first will be the:
• Shuttle Bus Transportation Cost Participation. An amount of $80,000 is proposed for the Town’s
participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests.
Marriott Solana management has shared with Council in previous meetings the importance this shuttle
bus service has to this property maintaining its competitive position in the local market, particularly
competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway.
Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is
essential for this property to succeed; both in terms of keeping its existing business bookings and in
terms of growing its income stream by marketing to new businesses. In addition to providing shuttle
services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel
guests with transportation to area shopping/entertainment venues (Southlake Town Center) and
corporate training centers. This portion of the grant amount has been increased by $10,000 from the
previous grant amount of $70,000 due to increased operating costs.
The second portion of the agreement which will be recommended once Staff has received a proposal will be
related to the following:
• Group Business Incentive Program. This portion of the agreement is proposed to be $0 currently
until a new plan has been received and reviewed from Marriott management. For the 12-13 budget
an amount of $40,000 was adopted for the “Incentive Program”. In previous years, the Staff worked
with the Marriott Solana Hotel manager on this economic development agreement which was modeled
after a similar successful program in the Town of Addison, Texas. The original program allowed the
Marriott Solana to discount their room rates and/or services in order to generate new group business
and/or, under certain circumstances, maintain existing group business. Last year this agreement
moved to a two-tiered approach with the following program minimums and incentives:
o Proposed group business shall book a minimum of $30,000 in room revenue per program to be
considered eligible for $5,000 in group incentive funds.
o Proposed group business shall book a minimum of $15,000 in room revenue per program to be
considered eligible for $2,500 in group incentive funds.
The management team of the Marriott Solana has come to the Town and stated they had difficulties with this aspect
of the program; i.e. they would book at a greater amount of $30K or $15K but the actual room revenue would be
just short of these amounts; therefore they were not eligible for the group incentive funds. Funds paid out to the
Page 3 of 3
Marriott Solana for the current agreement totaled $12,500. They have requested a postponement in this portion of
the agreement until they have researched and brought forward another incentive program for our review and
approval.
The Town Council adopted an economic development policy in 2006 (Resolution 06-19). This proposed
agreement comports to that policy. Further, this economic development agreement fits with the Town’s
Adopted Strategic Plan Vision Points.
This proposed grant agreement would be a reinvestment in the tourist sector of the Town’s economic
development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the
Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This
proposed agreement continues the requirement for performance measures to be included in required quarterly
reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the
success and impact of this economic development grant on: 1.) maintaining this important Town revenue
stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment.
In is important to recognize that, under State law, this is a grant of public dollars for economic development
purposes. As such, this agreement also includes “claw back” provisions that, should the Town determine that
the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds
be repaid with interest. Additionally, if it is determined that the group business program is not achieving its
objective, the Staff will notify both the hotel’s management and the Council to take steps to address its
performance or recommend the program not be renewed upon expiration of the grant agreement, although this
has not been the case to date. As stated previously, we will be bringing a new proposal from the Marriott
Solana regarding the group incentive program to the Council later in the fiscal year.
The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 12-13 Budget
contains an estimate that the Town will receive $540,350 in the current fiscal year in the Visitors Association
Fund. This represents 5.3% of the total Town municipal revenue stream and is derived totally from the
Town’s only hotel, the Marriott Solana. For that reason, it is important for the Town to take a strategic
approach in maintaining and possibly growing this funding stream.
In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs including
funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks
outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State
law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used
these funds to cover costs of various municipal operational costs and capital projects (an example would be
payment of a portion of the debt service for Westlake Academy related bonds).
ORGANIZATIONAL HISTORY/RECOMMENDATION
Recommend adoption of the resolution approving this economic development grant agreement
ATTACHMENTS
Resolution approving this Economic Development Grant Agreement between the Town and the Marriott
Solana with the Agreement attached as “Schedule A”.
Page 1 of 10
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (“Agreement”)
is entered into by and between the TOWN OF WESTLAKE, TEXAS (the “Town”), a
Type-A general law municipal corporation organized under the laws of the State of Texas, and
MARRIOTT HOTEL SERVICES, INC. D/B/A DALLAS/FT.WORTH MARRIOTT
SOLANA, (“Marriott:), a Hotel. The Town and Marriott are collectively referred to as the
“Parties”.
RECITALS
The Town and Marriott hereby agree that the following statements are true and correct
and constitute the basis upon which the Town and Marriott have entered into this Agreement:
A. Marriott owns and operates a 294 (288 plus 6 suites) room, full-service hotel
located at 5 Village Circle, Westlake, Texas,(the “Hotel”) The Hotel provides a valuable
catalyst for visitors, tourism, and economic development to the Town.
B. In order to increase visitors and tourism, and to maximize the economic
benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this
Agreement.
C. In accordance with Resolution No. 06-19, adopted by the Town Council on
May 8, 2006, attached hereto as Exhibit “A” and hereby made a part of this Agreement for all
purposes, the Town has established an economic development incentive policy and program
pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages
authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of
the Texas Constitution, and other applicable laws, that include monetary loans and grants of
public money, as well as the provision of personnel and services of the Town, to businesses
and entities that the Town Council determines will promote State or local economic
development and stimulate business and commercial activity in the Town in return for
verifiable commitments from such businesses or entities to cause specific infrastructure,
employment and other public benefits to be made or invested in the Town (the “380
Program”).
D. The Town Council has determined that by entering into this Agreement, the
potential increase of visitors and tourism and economic benefits that will accrue to the Town
under the terms and conditions of this Agreement are consistent with the Town’s economic
development objectives and the 380 Program and will further the goals for positive economic
growth, visitors and tourism in the Town. This Agreement is authorized by Chapter 380 of
the Texas Local Government Code and the 380 Program.
Page 2 of 10
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS.
The Town Council has found at a duly-called and legally-noticed public meeting
through the adoption of Town Resolution No. 13-XX, attached hereto as Exhibit “B” and
hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby
agree, that the recitals set forth above are incorporated herein and true and correct and form
the basis upon which the Parties have entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms shall
have the definitions ascribed to them as follows:
380 Program has the meaning ascribed to it in Recital C.
Affiliate means all entities, incorporated or otherwise, under common control with,
controlled by or controlling Marriott. For purposes of this definition, “control” means fifty
percent (50%) or more of the ownership determined by either value or vote.
Program Grants means the annual allowable economic development grants paid
(whether in one or multiple installments) by the Town to Marriott in accordance with this
Agreement and as part of the 380 Program.
Program Source Funds means an amount of Town funds legally available for
inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall
be derived from hotel occupancy taxes generated by the Hotel and received by the Town
pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of the Town.
Program Year means the Town’s fiscal year (i.e. October 1 through September 30th)
in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant,
beginning with the first full calendar year following the execution of this Agreement.
Quarterly Report has the meaning ascribed to it in Section 4.2.
Records have the meaning ascribed to it in Section 4.3.
Term has the meaning ascribed to it in Section 3.
Town of Westlake Hotel Support Program has the meaning ascribed to it in Section
4.1.
Page 3 of 10
3. TERM.
This Agreement shall be effective as of the date of execution by the Parties (the
“Effective Date”) and, unless terminated earlier in accordance with this Agreement, shall
expire one (1) year from the Execution Date.
4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS.
4.1. Town of Westlake Hotel Support Program
The total amount to be granted by the Town to Marriott under the terms of this
Agreement for the Town of Westlake Hotel Support Program shall not exceed
$80,000 with said Town of Westlake Hotel Support Program, consisting of:
(a.) Transportation Costs, for which a total sum of $80,000 shall be provided
by the Town under this Agreement to cover a portion of the operating cost for
bus transportation services provided by the Marriott for guests of the Hotel.
Funds disbursed by the Town under this component of the Town’s Hotel
Support Program shall be made at the end of each Town fiscal year quarter
following submission by Marriott, and acceptance by the Town, of the
Quarterly Report for the preceding quarter. The purpose of this component of
the Town’s Hotel Support Program is to enhance the Marriott’s ability to
increase room nights and retain existing room nights at the Hotel (as reported
in Section 4.2 below), thus increasing economic development through tourism
and business development activity in the Town. At all times during the term,
the name “Westlake, Texas” shall be visibly reflected and marked on both
sides of any shuttle buses or vehicles used by the Hotel.
4.2. Reports and Filings.
On a quarterly basis during the Term, Marriott shall submit a written report to
the Town specifically delineating its compliance with this Agreement (the
“Quarterly Report”). The Quarterly Report shall be received by the Town
Manager no later than thirty (30) days from the end of each quarter. Said
Quarterly Report will contain, as a minimum, the following performance
measure information for the reporting period in order for the Town to measure
the effectiveness of its investment in this grant of public funds to Marriott for
this Hotel:
• Total funds paid to date aggregate under this Agreement during the
contract term to Marriott for the Town’s Hotel Support Program
described in Section 4.1 of this Agreement
• Total funds spent to date by Marriott for the activities and purposes set
out in Section 4.1(a) of this Agreement
• Increases in average daily occupancy at the Hotel
• Decreases in average daily occupancy at the Hotel
Page 4 of 10
• Number of room nights generated by new group bookings at the Hotel
• Number of room nights generated by repeat group business bookings at
the Hotel
• Average number of bus transportation trips daily to DFW Airport for
guests at the Hotel
• Average number of bus transportation trips daily to off-premise
meeting locations for guests at the Hotel
• Average number of bus transportation trips daily to other off-premise
locations (entertainment, shopping, etc) for guests at the Hotel
• Operating costs incurred by the Hotel during the quarter for shuttle bus
transportation services
• The number of new group bookings made for the Hotel during the
reporting period and the number of repeat group business bookings
made for the Hotel during the reporting period.
• A brief description of marketing/sales efforts made during the reporting
period for the Hotel including:
the number and type of new group sales prospects identified,
targeted, and group sales closed by Marriott sales staff during
the reporting period
the number and type of new group sales made by contacts from
outside the Hotel Marriott
4.3. Audits.
Per the requirements of State law and the Town ordinance establishing the
Town’s hotel-motel occupancy tax, the Town will have the right throughout the Term
to audit any and all financial and business records of Marriott that relate to the
performance of this Agreement and any other documents necessary to evaluate
Marriott’s compliance with this Agreement or with the goals set forth in this
Agreement, including, but not limited to construction documents and invoices
(collectively “Records”). Marriott shall make all Records available to the Town at
the Hotel or at another location in the Town acceptable to both parties following
reasonable advance notice by the Town and shall otherwise cooperate fully with the
Town during any audit.
5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
5.1. Continuous Operation.
Following the Completion Date, if Marriott fails to continuously operate a full-
service hotel at 5 Village Circle, Westlake, Texas, 76262, the Town shall have the
right to terminate this Agreement by providing written notice to Marriott without
further obligation to Marriott hereunder.
Page 5 of 10
5.2. Failure to Pay Town Taxes or Fees.
An event of default shall occur under this Agreement if any legally-imposed
Town taxes or fees owed on, or generated by, the hotel become delinquent and
Marriott or the Affiliate does not either pay such taxes or follow the legal procedures
for protest and/or contest of any such taxes. In this event, the Town shall notify
Marriott in writing and Marriott shall have sixty (60) calendar days to cure such
default. If the default has not been fully cured by such time, the Town shall have the
right to terminate this Agreement immediately by providing written notice to Marriott
and shall have all other rights and remedies that may be available to it under the law or
in equity.
5.3 Violations of Town Code, State or Federal Law.
An event of default shall occur under this Agreement if any written citation is
issued to Marriott or an Affiliate due to the occurrence of a violation of a material
provision of the Town Code at the Hotel (including, without limitation, any violation
of the Town’s Building or Fire Codes and any other Town Code violations related to
the environmental condition of the Hotel; or to matters concerning the public health,
safety or welfare) and such citation is not paid or the recipient of such citation does not
properly follow the legal procedures for protest and/or contest of any such citation.
An event of default shall occur under this Agreement if the Town is notified by a
governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate,
or any successor in interest thereto, any third party with access to the Hotel pursuant to
the express or implied permission of Marriott or an Affiliate, or any a successor in
interest thereto, is in violation of any material state or federal law, rule or regulation on
account of the Hotel, improvements on the Hotel or any operations thereon (including,
without limitation, any violations related to the environmental condition of the Hotel;
the environmental condition other land or waters which is attributable to operations on
the Hotel; or to matters concerning the public health, safety or welfare). Upon the
occurrence of such default, the Town shall notify Marriott in writing and Marriott shall
have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently
pursued cure of the default but such default is not reasonably curable within thirty (30)
calendar days, then such amount of time that the Town reasonably agrees is necessary
to cure such default. If the default has not been fully cured by such time, the Town
shall have the right to terminate this Agreement immediately by providing written
notice to Marriott and shall have all other rights and remedies that may be available to
under the law or in equity.
5.4. Unauthorized Use of Funds and Requirement for Repayment to Town.
If, during an audit by the Town under the provisions of this Agreement, the
Town determines that the proceeds of this grant have not been utilized by Marriott for
the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar
Page 6 of 10
days to cure (following written notice from the Town) and, if Marriott fails to cure per
the written notice from the Town, Marriott shall immediately remit to the Town the
entire amount under this Agreement paid by the Town to Marriott during the reporting
period during which the Town has identified that Marriott was not in compliance with
the terms of this Agreement. If said amount is not remitted to the Town within 30
calendar days from the end of the cure period, that amount demanded for repayment to
the Town plus six (6) percent simple interest on the repayment amount shall be due,
in full, to the Town. For the purposes of this Section, Simple Interest” is defined as a
rate of interest applied to the aggregate amount of the Program Grants paid by the Town
to Marriott during the reporting period in which Marriott was in violation of this
Agreement.
5.5. Failure to Submit Reports.
Without limiting the application of Section 5.6, if Marriott fails to submit any
report required by and in accordance with Section 4.2, the Town’s obligation to pay
any Program Grants at the time, if any, shall be suspended until Marriott has provided
and is current on all reports.
5.6. General Breach.
Unless stated elsewhere in this Agreement, Marriott shall be in default under
this Agreement if Marriott breaches any term or condition of this Agreement. In the
event that such breach remains uncured after thirty (30) calendar days following
receipt of written notice from the Town referencing this Agreement (or, if Marriott has
diligently and continuously attempted to cure following receipt of such written notice
but reasonably requires more than thirty (30) calendar days to cure, then such
additional amount of time as is reasonably necessary to effect cure, as determined by
both parties mutually and in good faith), the Town shall have the right to terminate this
Agreement immediately by providing written notice to Marriott.
6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP.
It is expressly understood and agreed that Marriott shall not operate as an independent
contractor or as an agent, representative or employee of the Town. Marriott shall have the
exclusive right to control all details and day-to-day operations relative to the Hotel Support
Program and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. Marriott
acknowledges that the doctrine of respondeat superior will not apply as between the Town
and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees,
and invitees. Marriott further agrees that nothing in this Agreement will be construed as the
creation of a partnership or joint enterprise between the Town and Marriott.
Page 7 of 10
7. INDEMNIFICATION.
MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO
DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS,
ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT’
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii)
ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS
OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN
THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED
TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT
PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS
AGREEMENT.
8. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified
mail, postage prepaid, or by hand delivery:
Town: Marriott:
Town of Westlake _______________________________
Attn: Town Manager _______________________________
3 Village Circle, #202 _______________________________
Westlake, Texas 76262 ____________________________________
With Copies to (which shall not
constitute notice):
Boyle & Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, Texas 75062
Page 8 of 10
9. ASSIGNMENT AND SUCCESSORS.
Marriott may at any time assign, transfer or otherwise convey any of its rights or
obligations under this Agreement to an Affiliate without the approval of the Town so long as
Marriott, the Affiliate and the Town first execute an agreement approved by the Town
Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by
all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not
assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any
other person or entity without the prior consent of the Town Council, conditioned on (i) the
prior approval of the assignee or successor and a finding by the Town Council that the proposed
assignee or successor is financially capable of meeting the terms and conditions of this
Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement
with the Town under which the proposed assignee or successor agrees to assume and be bound
by all covenants and obligations of Marriott under this Agreement. Any attempted assignment
without the Town Council’s prior consent shall constitute a breach and be grounds for
termination of this Agreement and following receipt of written notice from the Town to
Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this
Agreement shall be deemed “Marriott” for all purposes under this Agreement.
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement will be subject to all applicable Federal, State and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s
codes and ordinances, as amended.
11. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, the Town does not waive or
surrender any of it governmental powers or immunities that are outside of the terms,
obligations, and conditions of this Agreement.
12. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
party’s right to insist upon appropriate performance or to assert any such right on any future
occasion.
13. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas – Fort
Worth Division. This Agreement shall be construed in accordance with the laws of the State
of Texas.
Page 9 of 10
14. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the Town
and Marriott, and any lawful assign or successor of Marriott, and are not intended to create
any rights, contractual or otherwise, to any other person or entity.
15. FORCE MAJEURE.
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion, acts
of God, inclement weather, or other circumstances which are reasonably beyond the control or
knowledge of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of those
enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to such
requirement shall be extended for a period of time equal to the period such party was delayed.
Notwithstanding anything to the contrary herein, it is specifically understood and agreed that
Marriott’ failure to obtain adequate financing to complete the Required Improvements by the
Completion Deadline shall not be deemed to be an event of force majeure and that this
Section 15 shall not operate to extend the Completion Deadline in such an event.
16. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for or against any party, regardless of the actual drafter of this Agreement.
17. SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses
and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or
section of this Agreement shall be declared unconstitutional or illegal by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
Agreement since the same would have been executed by the Parties without the incorporation
in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section.
It is the intent of the Parties to provide the economic incentives contained in this Agreement
by all lawful means.
18. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
Page 10 of 10
19. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between
the Town and Marriott, and any lawful assign and successor of Marriott, as to the matters
contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement. Notwithstanding
anything to the contrary herein, this Agreement shall not be amended unless executed in
writing by both parties and approved by the Town Council of the Town in an open meeting
held in accordance with Chapter 551 of the Texas Government Code.
20. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: MARRIOTT HOTEL SERVICES, INC.
D/B/A DALLAS/FT.WORTH
MARRIOTT SOLANA
By: By:
Thomas E. Brymer _____________________________
Town Manager _____________________________
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry
Town Attorney
EXHIBITS
“A” – Town of Westlake Resolution No. 06-19
“B” – Town of Westlake Resolution No. 13- XX
H:\Boyle-Lowry\BEDFORD\bfd-agreements\wl-agr econ dev agr Marriott.DOC
Resolution 13-XX
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-XX
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE
MARRIOTT SOLANA
WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified
“Service Excellence” as a Vision Point for that Strategic Plan as well as Financial Stewardship as
a Strategic Issue that must be addressed to move the Town towards this Vision Point; and,
WHEREAS, the Town of Westlake sales and use taxes are an important revenue source
to support its general operations; and,
WHEREAS, the Town Council desires to have new and existing businesses that
maintain and grow their sales and use tax streams, which in turn, enhances the Town’s financial
position and sustainability per its Strategic Plan; and
WHEREAS, the Town Council acknowledges that the Town’s Visitors Association Fund
is a key component of its financial structure and that an economic development grant to the
Marriott Solana Hotel will help solidify and maintain that structure; and,
WHEREAS, Town has an economic development policy adopted by Resolution 06-19
and that this proposed economic development agreement with the Marriott Solana meets those
policy guidelines and meets the requirements of State law for municipalities to grant 380
economic development grants to businesses located in their boundaries; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Economic Development Grant Agreement with the Marriott Solana attached hereto
as Exhibit “A”; and further authorizes the Town Manager to execute said agreement on behalf of
the Town of Westlake.
Resolution 13-XX
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 25TH DAY OF FEBRUARY, 2013.
_____________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L Stanton Lowry, Town Attorney
Resolution 13-06
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-06
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE
MARRIOTT SOLANA
WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified
“Service Excellence” as a Vision Point for that Strategic Plan as well as Financial Stewardship as
a Strategic Issue that must be addressed to move the Town towards this Vision Point; and,
WHEREAS, the Town of Westlake sales and use taxes are an important revenue source
to support its general operations; and,
WHEREAS, the Town Council desires to have new and existing businesses that
maintain and grow their sales and use tax streams, which in turn, enhances the Town’s financial
position and sustainability per its Strategic Plan; and
WHEREAS, the Town Council acknowledges t hat the Town’s Visitors Association Fund
is a key component of its financial structure and that an economic development grant to the
Marriott Solana Hotel will help solidify and maintain that structure; and,
WHEREAS, Town has an economic development policy adopted by Resolution 06-19
and that this proposed economic development agreement with the Marriott Solana meets those
policy guidelines and meets the requirements of State law for municipalities to grant 380
economic development grants to businesses located in their boundaries; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Economic Development Grant Agreement with the Marriott Solana attached hereto
as Exhibit “A”; and further authorizes the Town Manager to execute said agreement on behalf of
the Town of Westlake.
Resolution 13-06
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 25TH DAY OF FEBRUARY, 2013.
_____________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L Stanton Lowry, Town Attorney
Page 1 of 4
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Workshop Meeting
Friday, January 25, 2013
TOPIC: Approval of the Town Council of the Town of Westlake, Texas, directing publication
of Notice of Intention to Issue Combination Tax and Revenue Certificates of
Obligation in the amount of $9.5 million for Westlake Academy expansion and a
portion of the ground storage tank project and a reimbursement resolution.
STAFF CONTACT: Tom Brymer , Town Manager
Debbie Piper, Finance Director
Decision Points
Start Date Completion Date
Timeframe: February 25, 2013 April 30, 2013
Funding: Amount - $9.5M Status- Funded Source- CO Issuance
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Leadership
Financial
Stewardship
Customer Focus
FS. Sustain Fiscal Health
CF: Provide Outstanding Service
and Program Delivery
Strategic Issue Outcome Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
Capital Investment
5. Budget according
to established service
level provisions
within departments
3. Policy & Cost
Analysis Driven by
Growth (Future
Assets)
SA 05.1: Budget Preparation
SA 3.3: Evaluate Westlake
Academy campus needs and
expansion options
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 4
EXECUTIVE SUMMARY
In an effort to increase transparency, a Resolution for authorization of Town consultants and staff
to begin preparation for the issuance of approving the publication of Notice of Intent to Issue
certificates of obligation in the amount of $9.5 million for the financing of the Westlake
Academy expansion ($8.5 million) and to fund a portion of the ground storage water tank project
($1.0 million) was adopted by the Council at the January 28, 2013 Council meeting.
The remaining $500K needed for the ground storage water tank will be funded through an
interfund loan from the General Fund with payments being made back to the General Fund with
the same amount of interest as the certificates of obligation, 2.38% (preliminary) over two years.
The current year’s adopted budget reflects a $2M interfund transfer from the General Fund with a
five year pay back from the Utility Fund. The project’s proposed costs have now come in at
$1.5M rather than the budgeted amount of $2M. It is staff’s recommendation that instead of cash
funding this project from the General Fund fund balance, which would reduce the overall
available fund balance, it would be more equitable to use a portion of the certificates of
obligation. Therefore, users of the system today are not paying for the whole system and the
costs are spread over the life span of the project.
Over the past several months, the Town Council (functioning as the Board of Trustees for
Westlake Academy) has also examined student enrollment and facility options related to the
Academy and retained a professional architectural firm, Bennett, Benner, Pettit (BB&P) to: (1)
review the previous campus facility plans, (2) obtain a campus facilities master plan, and (3)
adopt the facility master plan which would guide future capital planning at Westlake Academy.
Based on Phase I of the Facility Plan presented by BB&P and adopted by the Town Council on
November 12, 2012, the $8.5 million portion of this issuance will be used for the following
expansion at the school:
• Cafetorium (for use as a cafeteria, gymnasium and auditorium)
• Secondary classroom building
• Fieldhouse (containing locker rooms and storage space for athletic equipment)
The proposed $8.5 million portion of the certificates of obligation issuance can be serviced by the
Town without impacting the ad valorem tax rate. The debt service payment for this proposed
issuance is contained in the Adopted FY 12-13 budget; albeit, the budget anticipated we would
issue the CO’s earlier and make an interest payment. Based on the attached report, due to timing,
no payments will be made in this fiscal year. The original payments noted in our Five-Year
Financial Forecast reflected an annual payment of approximately $440K, whereas, the new
numbers reflect annual payments ranging between $412K and $416K if we go with a structured
route (pushing principal to 2028-2031. The payments on the additional $1M for the ground
storage tank will be approximately $67K annually which will be transferred from the Utility
Fund. As can be seen by looking at Page 3 of the report that is attached from Lawrence Financial
Consulting, you will see that the structured approach has leveled our debt payments to
approximately $2M annually which will extremely helpful in our budgeting efforts for
subsequent years.
Page 3 of 4
Also attached is a “Schedule of Events” regarding this issuance. Based on this schedule, we
would likely receive bond proceeds April 30, 2013.
The reimbursement resolution will be incorporated into the resolution authorizing publication of
notice of intent to issue the certificates of obligation. This action gives the Town the authority to
use proceeds from a tax-exempt debt issuance to reimburse its municipal account from which
project costs were paid prior to the availability of the proceeds from the debt issuance. This
includes any “soft costs” as long as they don’t exceed 20% of the bond proceeds as well as going
back 60 days prior to the adoption of the resolution for “hard costs” that were paid during that
time.
As staff has discussed with the Council, t he following items/services will also be serviced with
these bond proceeds:
Portable Buildings
At the December 3, 2012 Board of Trustee meeting, discussion ensued regarding the purchase of
three portable buildings to ensure that space would be available for any enrollment increases in
SY 2013. The portables would include six classrooms located just to the northwest of the current
three portable building on Westlake Academy campus. The incorporation of these new portable
buildings on campus will allow for a number of options should our base enrollment increase over
the next several months. By placing these portables in service, it would be possible to move into
three sections in t he PYP program if necessary. If the growth does not require the addition of new
sections in all the PYP grade levels, the portables could be utilized as specials classroom, as well
as one unit being used as the construction trailer for Phase One. Bids for these three portables will
be sought with the cost of purchasing and setting them in place at an estimated $130,000. Per a
discussion with our bond attorney, these portables are eligible to be purchased with the bond
proceeds.
Design contract for $8.5 Million improvements to Westlake Academy
BB&P presented a master plan of the Academy which was approved by the Town Council on
November 12, 2013. The Council instructed staff to have BB&P provide architectural services
for Phase 1 of the Westlake Academy campus expansion. The architectural scope of
work includes three new buildings: (1) single-story cafetorium (approximately 9,600 sq. ft.) (2) a
three story secondary classroom building (approximately 18,900 sq. ft.), and (3) one single story
field house (approximately 9,600 sq. ft.). The total compensation for the architectural services
outlined in the agreement is $457,500, based on the following phases:
• 20% Schematic Design
• 15% Design Development
• 42% Construction Documents
• 3% Bidding or negation
• 20% Construction
Page 4 of 4
If the project is placed on hold at any time during the process, the architect would be compensated
for the completion of the phase they were working on at that time.
Construction Manager-at-Risk services
Staff has begun the process of Request for Qualifications (RFQ) for Construction Manager-at-
Risk services to construct Phase I of the Academy Campus expansion, to include the construction
of the buildings listed above. These services include pre-construction, construction documents,
and construction administration. This process will take 4-6 week to rank and select the top four
contractors. These four contractors will make presentations to the Town Council for the final
selection.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval of the Publication of Notice of Intent to Issue CO’s and the
reimbursement resolution described previously.
Attachments
a) Schedule of Events for the $9.5 million issuance
b) Report s prepared by Lawrence Financial Consulting LLC regarding the $9.5 million issuance
c) Resolution
TOWN OF WESTLAKE, TEXAS
COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013
SCHEDULE OF EVENTS
Council Meeting Dates Highlighted
Action Date
Council Approves Resolution Approving Proceeding with COs 01/28/13
Council Approves Resolution Approving Publication of Notice
of Intent to Issue COs and Reimbursement Resolution 02/25/13
Apply for Credit Rating; initial draft of POS distributed 02/26/13
First Publication of Notice of Intent to Issue COs(1)02/28/13
Second Publication of Notice of Intent to Issue COs 03/07/13
Credit Rating Received 03/12/13
Distribute Preliminary Official Statement 03/18/13
CO Pricing/Interest Rates Established 03/25/13
Lawrence Financial Consulting LLC 1/16/2013
Council Adopts Ordinance Approving Sale of COs 04/02/13 (or 4/3)
Bond Counsel Submits Transcript to AG for Review 04/05/13
Closing Memorandum Distributed to Working Group 04/09/13
Final Official Statement Distributed 04/10/13
Attorney General Approval of COs 04/26/13
Closing 04/30/13
(1) At least 31 days before sale.
Lawrence Financial Consulting LLC 1/16/2013
Town of Westlake, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2013
Table of Contents
Report
Sample Debt Service Schedule for COs 1
ALL DEBT SERVICE COMBINED (INCLUDING REFUNDING)3
Sources & Uses 4
!"
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Town of Westlake, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2013
STRUCTURED
Debt Service Schedule - PRELIMINARY Part 1 of 2
Date Principal Coupon Interest Total P+I
09/30/2013 ----
09/30/2014 80,000.00 2.000%395,024.44 475,024.44
09/30/2015 165,000.00 2.000%298,650.00 463,650.00
09/30/2016 175,000.00 2.000%295,250.00 470,250.00
09/30/2017 185,000.00 2.000%291,650.00 476,650.00
09/30/2018 190,000.00 2.000%287,900.00 477,900.00
09/30/2019 190,000.00 2.000%284,100.00 474,100.00
09/30/2020 195,000.00 2.000%280,250.00 475,250.00
09/30/2021 195,000.00 2.000%276,350.00 471,350.00
09/30/2022 200,000.00 2.000%272,400.00 472,400.00
09/30/2023 205,000.00 2.000%268,350.00 473,350.00
09/30/2024 210,000.00 3.250%262,887.50 472,887.50
09/30/2025 220,000.00 3.250%255,900.00 475,900.00
09/30/2026 225,000.00 3.500%248,387.50 473,387.50
09/30/2027 230,000.00 3.500%240,425.00 470,425.00
09/30/2028 350,000.00 4.000%229,400.00 579,400.00
09/30/2029 370,000.00 4.000%215,000.00 585,000.00
09/30/2030 380,000.00 4.000%200,000.00 580,000.00
09/30/2031 555,000.00 4.000%181,300.00 736,300.00
09/30/2032 310,000.00 4.000%164,000.00 474,000.00
09/30/2033 290,000.00 4.000%152,000.00 442,000.00
09/30/2034 305,000.00 4.000%140,100.00 445,100.00
09/30/2035 315,000.00 4.000%127,700.00 442,700.00
09/30/2036 330,000.00 4.000%114,800.00 444,800.00
09/30/2037 340,000.00 4.000%101,400.00 441,400.00
09/30/2038 355,000.00 4.000%87,500.00 442,500.00
09/30/2039 370,000.00 4.000%73,000.00 443,000.00
09/30/2040 385,000.00 4.000%57,900.00 442,900.00
09/30/2041 400,000.00 4.000%42,200.00 442,200.00
09/30/2042 420,000.00 4.000%25,800.00 445,800.00
09/30/2043 435,000.00 4.000%8,700.00 443,700.00
Total $8,575,000.00 -$5,878,324.44 $14,453,324.44
!"
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Town of Westlake, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2013
Debt Service Schedule - PRELIMINARY Part 2 of 2
Yield Statistics
Bond Year Dollars $153,730.28
Average Life 17.928 Years
Average Coupon 3.8237909%
Net Interest Cost (NIC)3.1369562%
True Interest Cost (TIC)2.8685447%
Bond Yield for Arbitrage Purposes 2.8685447%
All Inclusive Cost (AIC)2.9716534%
IRS Form 8038
Net Interest Cost 2.7631274%
Weighted Average Maturity 18.122 Years
!"
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Town of Westlake, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2013
All Debt Combined (including Refunding) - PRELIMINARY
All Other D/S
Date Principal Coupon Interest Total P+I (after '13 Rfd)Net New D/S
09/30/2013 ----1,580,122.51 1,580,122.51
09/30/2014 80,000.00 2.000%395,024.44 475,024.44 1,578,941.25 2,053,965.69
09/30/2015 165,000.00 2.000%298,650.00 463,650.00 1,587,477.50 2,051,127.50
09/30/2016 175,000.00 2.000%295,250.00 470,250.00 1,581,720.00 2,051,970.00
09/30/2017 185,000.00 2.000%291,650.00 476,650.00 1,577,845.00 2,054,495.00
09/30/2018 190,000.00 2.000%287,900.00 477,900.00 1,577,570.00 2,055,470.00
09/30/2019 190,000.00 2.000%284,100.00 474,100.00 1,581,445.00 2,055,545.00
09/30/2020 195,000.00 2.000%280,250.00 475,250.00 1,579,295.00 2,054,545.00
09/30/2021 195,000.00 2.000%276,350.00 471,350.00 1,582,070.00 2,053,420.00
09/30/2022 200,000.00 2.000%272,400.00 472,400.00 1,578,745.00 2,051,145.00
09/30/2023 205,000.00 2.000%268,350.00 473,350.00 1,581,295.00 2,054,645.00
09/30/2024 210,000.00 3.250%262,887.50 472,887.50 1,579,738.75 2,052,626.25
09/30/2025 220,000.00 3.250%255,900.00 475,900.00 1,579,982.50 2,055,882.50
09/30/2026 225,000.00 3.500%248,387.50 473,387.50 1,582,532.50 2,055,920.00
09/30/2027 230,000.00 3.500%240,425.00 470,425.00 1,582,332.50 2,052,757.50
09/30/2028 350,000.00 4.000%229,400.00 579,400.00 1,473,995.00 2,053,395.00
09/30/2029 370,000.00 4.000%215,000.00 585,000.00 1,470,170.00 2,055,170.00
09/30/2030 380,000.00 4.000%200,000.00 580,000.00 1,473,810.00 2,053,810.00
09/30/2031 555,000.00 4.000%181,300.00 736,300.00 1,316,160.00 2,052,460.00
09/30/2032 310,000.00 4.000%164,000.00 474,000.00 1,580,122.51 2,054,122.51
09/30/2033 290,000.00 4.000%152,000.00 442,000.00 -442,000.00
09/30/2034 305,000.00 4.000%140,100.00 445,100.00 -445,100.00
09/30/2035 315,000.00 4.000%127,700.00 442,700.00 -442,700.00
09/30/2036 330,000.00 4.000%114,800.00 444,800.00 -444,800.00
09/30/2037 340,000.00 4.000%101,400.00 441,400.00 -441,400.00
09/30/2038 355,000.00 4.000%87,500.00 442,500.00 -442,500.00
09/30/2039 370,000.00 4.000%73,000.00 443,000.00 -443,000.00
09/30/2040 385,000.00 4.000%57,900.00 442,900.00 -442,900.00
09/30/2041 400,000.00 4.000%42,200.00 442,200.00 -442,200.00
09/30/2042 420,000.00 4.000%25,800.00 445,800.00 -445,800.00
09/30/2043 435,000.00 4.000%8,700.00 443,700.00 -443,700.00
Total $8,575,000.00 -$5,878,324.44 $14,453,324.44 $31,025,370.02 $45,478,694.46
!"
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Town of Westlake, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2013
Sources & Uses - PRELIMINARY
Dated 04/23/2013 | Delivered 04/23/2013
Sources Of Funds
Par Amount of COs $8,575,000.00
Reoffering Premium 1,055,873.00
Total Sources $9,630,873.00
Uses Of Funds
Deposit to Project Construction Fund 9,500,000.00
Costs of Issuance 128,625.00
Rounding Amount 2,248.00
Total Uses $9,630,873.00
!"
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Resolution 11-07
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 11-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
WHEREAS, this Town Council deems it advisable to give notice of intention to issue
certificates of obligation of the Town of Westlake Texas, as hereinafter provided; and
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection
with the design, planning, acquisition and construction of the projects described on Exhibit A hereto (the
"Projects") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for
which a prior expression of intent to finance or refinance is required by Federal or state law (collectively
and individually, the "Obligations") to finance the Projects;
WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of
such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such,
chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations
to finance the Projects;
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was passed, was open to the public and public notice of the time, place, and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
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: Attached hereto is a form of the Notice of Intention to issue Combination
Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted and
approved. The Town Secretary shall cause said notice to be published in substantially the form attached
hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general
circulation in the area of said Town, once a week for two consecutive weeks, the date of the first
publication thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinanc e
authorizing the issuance of such certificates of obligation as shown in said notice. Section 1 . The issuer
reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum
principal amount equal to $9,500,000 for the purpose of paying the costs of the Projects.
Resolution 11-07
Page 2 of 3
SECTION 3: All costs to be reimbursed pursuant hereto will be capital expenditures. No
Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18
months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with
respect to which such expenditures were made, is placed in service, provided that no Obligation will be
issued pursuant to this Statement more than three years after the date any expenditure which is to be
reimbursed is paid.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY, 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 11-07
Page 3 of 3
TOWN OF WESTLAKE
NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Westlake, Texas, at
its special meeting to commence at 6:30 P.M. on April 2, 2013, at its regular meeting place at 3
Village Circle, 2nd Floor, Council Chamber, Westlake, Texas, tentatively proposes to adopt an
ordinance authorizing the issuance of interest bearing certificates of obligation, in one or more
series, in an amount not to exceed $9,500,000 for paying all or a portion of the Town's
contractual obligations incurred in connection with (i) constructing and equipping buildings and
related improvements at the Westlake Academy to be used for a cafetorium, for use as a
cafeteria, gymnasium and auditorium, a classroom building and a field house; (ii) constructing,
installing, acquiring and equipping improvements, additions and extensions to the Town’s
waterworks and sewer system, including a ground storage tank; and (iii) paying legal, fiscal and
engineering fees in connection with such projects. The Town proposes to provide for the
payment of such certificates of obligation from the levy and collection of ad valorem taxes in the
Town as provided by law and from a pledge of limited surplus revenues of the Town's
waterworks and sewer system, remaining after payment of all operation and maintenance
expenses thereof, and all debt service, reserve, and other requirements in connection with all of
the Town's revenue bonds or other obligations (now or hereafter outstanding), which are payable
from all or any part of the net revenues of the Town's waterworks and sewer system. The
certificates of obligation are to be issued, and this notice is given, under and pursuant to the
provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271.
TOWN OF WESTLAKE, TEXAS
Page 1 of 3
estlake Town Council
Type of Action
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Continuation of Public Hearing and Consideration for Approval of
Ordinance 690 Amending the Town’s Compre hensive Plan “Land Use
Map”.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: December 10, 2012 February 2 5, 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Operational
Processes
CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 3
EXECUTIVE SUMMARY
This is continuation of a public hearing which began at the both the Planning & Zoning
Commission’s meeting, as well as the Town Council’s meeting, held on December 10, 2012
meeting to consider approval of an amendment to the Comprehensive Plan “Land Use Map” to
change the proposed uses of two parcels within the PD1 zoning district from Office Park to
Mixed-Use and from Office Park to Single-family Detached residential.
With the applicant’s withdrawal of their zoning change request for mixed-use as a
permitted use on the tract at the northeast corner of Solana Boulevard and FM1938 (Davis
Blvd), only the request to amend the land use plan portion of the Comprehensive Plan
remains for “single family residential detached” use (at the northeast corner of Dove Road
and FM 1938) remains before the Commission for consideration from where this process
started in December 2012. Additionally, the staff has placed on this iteration of the
proposed amendment to the land use plan to designate the tract immediately north and
adjacent to Glenwyck Farms as “open space” use.
THIS DOES NOT CHANGE THE ZONING OF THE TRACT. Approval of this amendment is
a requisite step prior to a zoning change approval, but does not guarantee that a zoning change
will be approved. It is intended to provide predictability to existing and future property owners
as to what type uses to expect for future development in these areas of the Town.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The property is currently zoned as a Planned Development with Office, Hotel and Conferencing,
Health and Fitness Club, Governmental, Educational and Retail uses. This roughly comports to
the Land Use Map. The Single-Family Detached designation will allow an applicant to seek
approval for a change of permitted uses from Office to Single-Family Residential.
A public hearing on this request was held at both the Planning & Zoning Commssion’s and the
Town Council’s December 10, 2012 regular meetings. At the Commission’s December 10th
meeting this request was continued meeting until the Commission’s January 22, 2013 meeting.
At the January 22 nd Commission meeting a workshop and public hearing was held on this request
and its related zoning change requests. At the January 22 nd public hearing the Commission
continued this item until its February 20, 2013 regular meeting. On February 4, 2013 the
Commission held a joint workshop with the Town Council on the zoning change requests that
are the impetus for this amendment to the land use component of our Comprehensive Plan.
Since this item was tabled at the various Commission meetings noted above, although it was also
continued to various future Town Council meetings since December 10 2010, when this item
came up at those Town Council meetings, it was tabled again because the Town Council can not
act on this request until they receive a recommendation about it from the Planning & Zoning
Commission.
It should be noted that, since the applicant has withdrawn their zoning change request for
their tract at the northeast corner of FM 1938 (David Blvd) and Solana Boulevard, that
only the request to amend the land use plan for single family residential detached on their
tract at the northeast corner of Dove Road and FM 1938 (Davis Blvd) remains before the
Commission from where this process started in December 2012. Additionally, the staff has
Page 3 of 3
placed on this iteration of the proposed amendment to the land use plan to designate the
tract immediately north and adjacent to Glenwyck Farms as “open space” use.
Staff recommends approval of designating on the 85 acre (approx.) tract at the northeast
corner of Dove Road and FM1938 as “single family residential” and the tract north of and
adjacent to Glenwyck Farms as “open space”.
At their February 20, 2013 Regular Meeting, the Planning & Zoning Commission voted to
recommend approval of this land use plan amendment on a vote of 4-1.
ATTACHMENTS
1. Exhibit: Land Use Map
2. Ordinance 690 Amending the Town’s Comprehensive Plan “Land Use Plan”
Ordinance 690
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 690
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN,
AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE
LIMITED TO THE PARCELS LOCATED WITHIN THE PD1 ZONING DISTRICT.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the
"1992 Comprehensive Plan") for the Town; and
WHEREAS, the economic development and land use planning objectives of the Town
will be furthered by the amending of the Land Use Map; and
WHEREAS, the Planning and Zoning Commission and Town Council held public
hearings after notice of such hearing s being published in a newspaper of general circulation in
the Town, all in accordance with law; and
WHEREAS, upon the 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 the amendments (Exhibit “A”) to the Westlake Comprehensive
Plan “Land Use Map” should be approved and adopted; and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the findings hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirely.
SECTION 2: That the Town of Westlake hereby approves the Land Use Map, as shown
in Exhibit A.
Ordinance 690
Page 1 of 2
SECTION 5: That this Ordinance shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________
Kelly Edwards, Town Secretary ______________________________
Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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Page 1 of 2
estlake Town Council
Type of Action
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Continuation of a Public Hearing and Consideration for Approval of an Amendment to
the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including
Development Guidelines, Design Standards, Roadway Design Standards, Residential
Development Standards, Signage Standards, and the Concept Plan With Phasing Identified for
PD1-2 to Allow fo r a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract
Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. Note: the
applicant has withdrawn this zoning change request application (see attached letter from
the applicant).
STAFF CONTACT: Tom Brymer , Town Manager
Eddie Edwards, Director of Planning & Development
Decision Points
Start Date Completion Date
Timeframe: December 10, 2012 February 2 5, 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
This is continuation of the public hearing from the Commission’s the Commission’s February
20, 2013 meeting for consideration of amend ing the PD1-2 planning area regulations to include
new land uses and development standards. Note: the applicant has withdrawn this zoning
change request application (see attached letter from the applicant).
ORGANIZATIONAL HISTORY/RECOMMENDATION
The property is currently zoned for Office, Hotel and Retail uses. The owner/applicant seeks an
amendment to the PD1-2 Planning Area regard ing the permitted uses to allow development of a
mixed use planned development . This development will blend a wide range of various uses
(offices, governmental, retail, restaurants, business services, medical services, establishments,
conference center type meeting space, single family residential detached homes, villas, as well as
multi-family uses (condominiums and flats, i.e. apartments), The proposed uses will utilize a
design for a European style (Spanish) village tentatively named Westlake Vallecito. Applicant
advises that estimated value of improvements on this tract per these proposed uses will be
approximately $500,000,000.
A public hearing on this request was held at both the Planning & Zoning Commssion’s and the
Town Council’s December 10, 2012 regular meetings. A public hearing on this request was held
at the Commission’s December 10, 2012 regular meeting. At that meeting this request was
continued meeting until the Commission’s January 22, 2013 meeting. At the January 22 nd
Commission meeting a workshop and public hearing was held on this request. At the January
22nd public hearing the Commission continued this item until its February 20, 2013 meeting. On
February 4, 2013 the Commission held a joint workshop with the Town Council on this request.
The applicant held a number of meetings with interested residents concerning this request. Since
this item was tabled at the various Commission meetings noted above, although it was also
continued to various future Town Council meetings since December 10 2010, when this item
came up at those Town Council meetings, it was tabled again because the Town Council cannot
act on this request until they receive a recommendation about it from the Planning & Zoning
Commission.
ATTACHMENTS
.
1. Site Location Map
2. Letter dated 2-5-13 from Maguire Partners-Solana Land, L.P. withdrawing this zoning
change application.
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Continuation of a Public Hearing and Consideration of an Amendment to the Permitted
Uses and Development Regulations of Planning District 1-3 (PD1-3) Including Permitted Use
Regulations and Residential Development Standards Including Height, Lot Size, Building Lines,
Building Design, Minimum Floor Area, Landscaping, Drainage, Concept Plan, and Other
Development Standards for Said PD1-3 to Allow for a Single-Family Residential Development
on an 84 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and
Dove Road.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: December 10, 2012 February 2 5, 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
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Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
This is continuation of a public hearing held at the Commission’s February 25, 2013 meeting to
consider amend ing the PD1-3 planning area regulations to include new land uses and
development standards. The subject tract is approximately 84 acres located at the northeast
corner of Dove Road and FM 1938 (David Blvd) extending generally northward to the
intersection of FM 1938 (Davis Blvd) and Solana Boulevard (see attached vicinity map for site
location). The proposed development’s name is Granada.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The property is currently zoned for Office, Hotel and Retail uses. The owner/applicant seeks an
amendment to the PD1-3 Planning Area regarding the permitted uses to allow development of a
single-family residential (detached) development.
A public hearing on this request was held at both the Planning & Zoning Commission’s and the
Town Council’s December 10, 2012 regular meetings. A public hearing on this request was held
at the Commission’s December 10, 2012 regular meeting. At that meeting this request was
continued meeting until the Commission’s January 22, 2013 meeting. At the January 22nd
Commission meeting a workshop and public hearing was held on this request. At the January
22nd public hearing the Commission continued this item until its February 20, 2013 regular
meeting. On February 4, 2013 the Commission held a joint workshop with the Town Council on
this request. The applicant has held a number of meetings with interested residents concerning
this request. Since this item was tabled at the various Commission meetings noted above,
although it was also continued to various future Town Council meetings since December 10
2010, when this item came up at those Town Council meetings, it was tabled again because the
Town Council cannot act on this request until they receive a recommendation about it from the
Planning & Zoning Commission.
At the February 4, 2013 joint Commission/Town Council workshop, the applicant reviewed a
number of changes that he was proposing to make to his zoning change application for the
subject property. These changes are reflected in the attached proposed zoning ordinance (which
includes the concept plan for this development). These changes include:
• Reduce number of lots from 89 to 84.
• Front and rear setbacks to match R1 Zoning district. Front/ rear 40 feet and sides 20 feet.
• 30,000 square foot average lot size.
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• Lower maximum building height from 35 feet to 28 feet measured at mid-span of roof,
similar to Vaquero requirements.
• Roofing types. No composition roofs. Tile or slate or similar roofing as approved only.
• Exterior wall material must be primarily stone with a maximum of 30% brick or stucco as
accent. Exception: Tuscan or Mediterranean style houses.
• Wood windows only. No aluminum or vinyl.
• New concept plan reflecting the changes noted above. Same general layout and
boundaries.
• Town takes back responsibility for FM1938 Streetscape installation.
The current iteration o f the concept plan reflecting the above changes on number of lots (which
is a part of the proposed zoning ordinance) continues to contain extensive open space (25.76
acres), as well as continues to utilize buffers to adjacent uses that include trails that be will
publicly accessible, but privately maintained.
At the February 4, 2013 joint Town Council/Commission the staff advised that they had retained
an architect’s services to review the materials and other construction standards contained in the
proposed zoning ordinance, including the changes the applicant was willing to make to his
application outlined above. That report has been received and is attached. It should be noted
that some of the architect’s recommendations would most appropriately be addressed in the
design standards contained in the deed restrictions (CCR’s) for this proposed development. If a
zoning change was granted, next steps would involve preliminary platting. At the time of
consideration for approval of the preliminary plat, staff recommends that the Town consider
approval of the deed restrictions for this proposed development.
The applicant/developer has indicated to staff that the homes in this proposed development
would be in the $1.2 million price range (approx.). Staff recommends approval with the changes
discussed at the joint Town Council/Commission workshop on February 4, 2013.
At their February 20, 2013 Regular Meeting the Planning & Zoning Commission voted 4-1
to recommend approval of this zoning change request application.
ATTACHMENTS
Click here to enter text.
1. Site Location Map
2. Staff Report
3. Ordinance Including Exhibits
a. Legal Description of PD District
b. PD1-3 Concept Plan
4. Report from Bennett-Benner-Pettit Architects & Planners re: their review of proposed
architectural design standards contained in the proposed zoning ordinance for this zoning
change request.
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TOWN OF WESTLAKE, TX
STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL
PD1-3 Zoning Amendment and Concept plan
I. CASE INFORMATION
Case No. Z –10-02-12
Date: 02-14-2013
Request: Applicant is requesting approval of the following:
Zoning amendment _X__ (PD1-3; PD1, Planning area 3)
Concept Plan _X__
Development Name: Granada
Location: Subject property is an approximate 84 acre tract of land generally located at
the northeast corner of FM1938 and Dove Road, extending north to Solana Blvd. The
property extends easterly stopping in alignment with the northwest corner of the
Glenwyck Farms sub-division.
Owner: Centurion American
Developer: Centurion American
Zoning: PD1-3
Acres: 84.28 (92.24 acres including right-of way dedications)
Proposed Uses: Single-family residential. Approximately one (1) dwelling unit per
acre gross density with minimum lot size of 23,500 square foot and average lot size of
30,000 square foot.
II. STAFF REVIEW COMMENTS
1. General
This is a request for approval of an ordinance amending Planning Area 3 of the
PD1 Planned Development Zoning District. (PD1-3). The amendment will apply
only to the planning area indicated. The permitted uses and design standards
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contained in the proposed Ordinance for this district were created with
regulations specifically geared towards giving the Town the ability to ensure that
the development will meet the high standards that Westlake has become known
for.
At build out the development will include approximately $92,000,000 in
improvements that will be added to the ad valorem tax base.
The proposed development will contain 84 residential lots of varying sizes
ranging from 23,500 square feet to 44,000 square feet. For comparison
purposes the two subdivisions in closest proximity to this site, Vaquero
and Glenwyck farms have lot sizes starting at 12,566 square feet and 3,483
square feet respectively. Eighty percent of the lots in Glenwyck Farms are
less than one acre.
The gross density of the development will be approximately one (1)
dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre.
The close proximity of an existing office campus and the fact that the
development will back up to a six-lane divided major thoroughfare make the
perimeter Public Open Space a crucial element to keeping the neighborhood a
desirable place to live. For this reason staff feels it is more important to have
smaller lots that do not extend out to the right-of-way than to have larger lots
without the Open Space separation from the roadways. The perimeter
landscape buffer along with higher development standards incorporated into the
Planned Development ordinance should keep the homes in Granada relatively
close to the same price points as those in Glenwyck Farms. The developer is
anticipating the average home price to be approximately $1.1 to $1.2 million
dollars.
2. Concept Plan
The Concept Plan shows 84 single family lots configured into a residential
development to allow what essentially is a linear park comprised of privately
maintained, public accessible trails (which ties into our Master Trail Plan) on the
perimeter of the development. The development in this zoning district would be
required to have full masonry walls along the adjacent roadways, the design for
which is a part of this Concept Plan. The staff has also worked with the applicant
to establish variation in the front, side and rear setbacks to avoid visual
monotony within the development. The preliminary plat will finalize some of
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these setbacks. The Concept Plan incorporates design elements from the
Town’s FM 1938 Streetscape Plan into the design along the side of the subject
tract that adjoins FM 1938. Other design elements, such as a water feature, as
well as a chapel structure (in the middle of the development) are also
incorporated into the design as shown on the Concept Plan.
3. Setbacks/Building Lines
Proposed
for PD1-3
R1 zoning
district
Glenwyck
Farms
Vaquero lots
< 30,000 s.f.
Vaquero lots
> 30,000 s.f.
Front 40 ft. min. 40 ft. min. 40 ft. min. 35 ft. min. 40 ft. min.
Rear 40 ft. min. 40 ft. min. 40 ft. min. 35 ft. min. 40 ft. min.
Side 20 ft. min. 20ft. min. 20 ft. min. 15 ft. min. 20 ft. min.
4. Site Design
Site Plans have not been required for residential developments because the
structures have not been designed at this point and the structure design and
location will drive the landscaping, both of which are required to be shown on a
Site Plan. A Concept Plan, along with the all of the regulations contained in the
proposed Planned Development ordinance, provide adequatly strong direction
and controls on design and development standards in order to obtain the high
quality development product that is intended.
5. Conformance with Comprehensive Plan
This application is consistent with the Town’s recently amended Comprehensive
Plan, its goal s and objectives, and its policies as it relates to land use and site
development.
6. Building Design, Architecture, and Screening
The building design, architectural, and screening regulations contained in the
Planned Development ordinance and the Concept Plan were created with the
goal in mind of Granada appearing at build out as a high end custom home sub-
division similar to the high quality development achieved in both Vaquero and
Glenwyck Farms sub-divisions.
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7. Landscaping and Landscape Screening
Common areas. The common areas around the perimeter of the project will be a
combination of preserved natural landscaping in area of dense tree growth, and
newly planted landscaping designed with staggered heights and clustering of
plants and trees to break up and soften the view of the perimeter wall. The
developer will install all of the landscaping and improvements included in the FM
1938 Streetscape Plan, much of which is shown on the Concept plan. Some
elements have not been shown on the Concept Plan but will be included as
development progresses and final determination of the best locations can be field
approved.
Home sites. Each home site will comply with the Roadway landscape Zone
requirements of having six trees per one-hundred linear feet of lot width at the
roadway. Additionally they will be required to have Flower beds around all of the
foundation and covering twenty percent of the front yards. Where the
landscaping included in the Public Open Space, that surrounds the sub-division,
doesn’t provide enough trees between a lot and the roadway, trees will be
required in rear yards to provide screening and sound buffering.
8. Parking
The ordinance requires three covered parking spaces per dwelling. Garages
may not face the street unless further back from the street than the side- facing
garage.
9. Fire Lanes
Because this sub-division will only have a single entrance and exit, an
emergency access route is required. The emergency route will be a fire lane
paved with open pavestones that permit grass to grow through them giving the
appearance of open landscaped area but having the ability to support emergency
vehicles in all weather conditions.
10. Access/Streets/Thoroughfare Plan
The primary entrance and exit for the sub-division will be off of Solana Blvd.
which is classified as a Major Boulevard Collector. Solana Blvd. connects with
Hwy 114 and FM 1938, a Major Collector.
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11. Street/Highway Right-of-Way Dedication Requirements
No additional right-of-way dedication is required for this project.
12. Pedestrian Circulation
Pedestrian circulation and connectivity with the Town’s network of trails will be
accomplished with the Public Open Space trails. The applicant’s Concept Plan
indicates that the subject site, although gated to limit vehicular access, will be
accessible to pedestrians.
13. Lighting
Compliance with all Town of Westlake ordinances as well as the International
Dark Skies design guidelines is required for this PD. All lighting plans will be
submitted to and reviewed/approved by staff prior to installation.
14. Tree Mitigation
A tree mitigation plan will be submitted and will be reviewed by Town staff for
compliance with Town ordinances. Tree mitigation will occur both on site and off
site. The tree mitigation plan may be modified as the project progresses and will
be monitored by town staff. Approval of this Concept Plan is not granting
approval of the tree mitigation plan.
15. Signage
The signage shown on the approved concept plan will be the only signage
allowed other than signs specifically permitted for residentially zoned properties
by other Town ordinances.
16. Utilities (including on and off-site extensions and easement dedications)
Water and sewer utilities for this site are provided by the Town of Westlake. Off-
site water and sewer line extensions to serve the site are the responsibility of the
developer. All on-site electric utility lines, new or existing, will be placed
underground. All exclusive franchise utility easements shall be identified on the
preliminary plat and must be approved by the Town.
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17. Storm water retention and detention
The developer’s engineer has told Town staff that the drainage plans that will be
submitted with the Preliminary Plat will detail how they will be able to develop the
sub-division and, through retention and detention and other design features,
have a lower rate of flow after development and build-out than is being
experienced today. Town engineers will confirm their calculations prior to
permitting any infrastructure improvement work permits.
________________________________________________________________
III. STAFF RECOMMENDATIONS
Staff recommends approval of this Zoning Amendment and Concept Plan as
submitted with the following stipulations:
1. Developer Agreement A Developer Agreement shall be approved prior to the
commencement of construction activities related to the development of the sub-
division.
2. Tree Mitigation: Tree mitigation will occur both on site and off site, in
compliance with Town ordinances prior to acceptance of the sub-division and
issuance of building permits unless otherwise stipulated in a Developer’s
Agreement.
3. Park Land Dedication: Park Land Dedication requirements shall be addressed
via a Developer’s Agreement prior to the approval of the Preliminary Plat.
4. Sequencing of improvements: All landscaping and improvements located with
the open space and the right-of-way along FM 1938 and Solana Blvd. shall be
completed prior to acceptance of the sub-division.
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PD1-3
PLANNED DEVELOPMENT 1
PLANNING AREA 3
ORDINANCE NO. 693
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN
APPROXIMATELY 84.04 ACRE TRACT OF LAND IDENTIFIED AS PLANNING
AREA 3 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1 -3), GENERALLY
LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES PERMITTED IN THE
"PD1" PLANNED DEVELOPMENT DISTRICT BEING , OFFICE, HOTEL AND
CONFERENCING, EDUCATIONAL, GOVERNMENTAL, SPORTS AND HEALTH
CLUB, AND RETAIL USES, TO SINGLE FAMILY RESIDENTIAL AND RELATED
ACCESORY USES; DEFINING CERTAIN TERMS; DESCRIBING AND
INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES,
HEIGHT, LOT SIZES, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR
AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT
STANDARDS AND; PROVING A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the
"1992 Comprehensive Plan") for the Town; and
WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the
"Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning
Ordinance (the "Zoning Ordinance"); and
WHEREAS, the Zoning Ordinance has been amended by the Council after receiving
recommendations from the Planning and Zoning Commission (the "Commission"); and
WHEREAS, on September 15, 1997, based on the recommendations of the Commission,
the Town Council amended the Zoning Ordinance and the subdivision regulations by the
adopting of a Unified Development Code (the "UDC") for the Town; and
WHEREAS, there is located within the corporate limits of the Town an approximately
84.04-acre tract of land (commonly known as Planning Area 3 of the PD1 zoning district, being
the portion of the PD1 zoning district bounded by Dove Road to the south, FM 1938 to the east,
and Solana Boulevard to the north); and
WHEREAS, because of the size, location, and natural features of the Planning Area and
the Town's need for public infrastructure, amenities, and services, the Town has a critical interest
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in the development of the Planning Area and is encouraging such development to the highest
possible standards of quality consistent with the Town's long-term development vision; and
WHEREAS, because of improvements to FM 1938, further urban growth throughout the
region, and other changed conditions that affect the region, the Town believes there are unique
and significant opportunities for residential uses within the Planning Area that will be consistent
with the Town's long-term development vision; and
WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced
through modifications to the development regulations governing the Planning Area, including
modifications to the zoning, subdivision and other standards otherwise applicable under the
UDC; and
WHEREAS, the economic development and land use planning objectives of the Town
will be furthered by the establishment of such planned development district; and
WHEREAS, the Commission and Council held public hearings upon the application of
Centurion American, to establish PD1-3 and amend the zoning regulations for the approximately
84.04-acre tract of land to a "PD" Planned Development District with single-family residential
uses on December 10February 20, 20123, after written notice of such hearing having been sent to
owners of real property being within 200 feet of the property and notice being published in a
newspaper of general circulation in the Town, all in accordance with law; and
WHEREAS, upon the 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 the amendments (Exhibit “2”) to the Westlake Code of Ordinances
should be approved and adopted; 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 1992
Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted
by the Town and declared to be true and correct.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake,
Texas, Ordinance No. 202, as amended, is hereby amended by this PD Ordinance, by amending
Planned Development District PD1, Planning Area 3 (PD1-3) within the property described
in Exhibit 1 attached hereto by reference for all purposes. This Planning Area will be subject to
the concept plan, development standards and other regulations attached hereto as Exhibit 2.
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SECTION 3: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such 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
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4: That all provisions of Ordinance not hereby amended shall remain in full
force and effect.
SECTION 5: 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 6: 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 Five Hundred ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ON THIS 28th DAY OF JANUARY 2013.
MAYOR
ATTEST:
Town Secretary
APPROVED AS TO FORM:
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Town Attorney
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EXHIBIT 2
PD1 PLANNING AREA 3 (PD1-3)
SINGLE FAMILY RESIDENTIAL
ARTICLE I. GENERAL PROVISIONS ....................................................................................... 1
SECTION 1 SHORT TITLE ............................................................................................................ 1
SECTION 2 PURPOSES .................................................................................................................. 1
SECTION 3 GENERAL DEFINITIONS ........................................................................................ 1
Section 3.1 Usage ................................................................................................................ 1
Section 3.2 Words and Terms Defined .............................................................................. 1
SECTION 4 APPLICABILITY OF EXISTING REGULATIONS ............................................... 2
Section 4.1 Applicable Town Ordinances ......................................................................... 2
Section 4.2 General Approval Criteria .............................................................................. 2
SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. .................... 3
Section 5.1 PD Concept Plan Limits ................................................................................. 3
Section 5.2 PD Development Plans ................................................................................... 3
Section 5.3 PD Site Plans ................................................................................................... 3
SECTION 6 PARK LAND DEDICATION REQUIREMENTS . ................................................... 3
SECTION 7 TREE MITIGATION REQUIREMENTS………………………………………….3
SECTION 8 DUCT BANK REQUIREMENTS………………………………………………….3
ARTICLE II. USES ........................................................................................................................... 4
SECTION 1 LAND USE SCHEDULE ........................................................................................... 4
SECTION 2 ACCESSORY USES AND STRUCTURES ............................................................. 5
ARTICLE III. DEVELOPMENT STANDARDS ........................................................................ 6
SECTION 1 DENSITY ..................................................................................................................... 6
SECTION 2 MINIMUM LOT SIZE ................................................................................................ 6
SECTION 3 MINIMUM LOT WIDTH........................................................................................... 6
SECTION 4 MAXIMUM BUILDING HEIGHT ........................................................................... 6
Section 4.1 Maximum building height……………………………………………...…….6
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Section 4.2 Exceptions to Height Limitations ................................................................... 6
SECTION 5 MINIMUM BUILDING SIZE ................................................................................... 6
SECTION 6 LOT COVERAGE ..................................................................................................... 6
SECTION 7 FRONT YARD SETBACKS ..................................................................................... 6
SECTION 8 REAR YARD SETBACKS ....................................................................................... 7
SECTION 9 SIDE YARD SETBACKS ......................................................................................... 7
SECTION 10 SLOPE REQUIREMENTS ........................................................................................ 7
SECTION 11 SIGNAGE REQURIEMENTS ................................................................................. 6
Section 11.1 Signs ................................................................................................................. 6
Section 11.2 Exceptions to sign regulations ........................................................................ 6
SECTION 12 LANDSCAPE REQUIREMENTS ............................................................................ 6
Section 12.1 Landscape requirements for residential home sites ...................................... 6
Section 12.2 Landscape requirements for Common areas ................................................. 6
SECTION 13 LIGHTING STANDARDS ........................................................................................ 8
Section 13.1 Street lighting .................................................................................................. 8
Section 13.2 Outdoor lighting regulations ........................................................................... 8
SECTION 14 BUILDING DESIGN ELEMENTS .......................................................................... 9
Section 14.1 Architectural Control Committee .................................................................. 9
Section 14.2 Roofs ................................................................................................................ 9
Section 14.3 Exterior Walls ................................................................................................. 9
Section 14.4 Parking ........................................................................................................... 10
Section 14.5 Exterior doors and windows ........................................................................ 10
Section 14.6 Mechanical Equipment screening ............................................................... 10
Section 14.7 Accessory buildings ..................................................................................... 10
Section 14.8 Driveways and sidewalks ............................................................................. 10
Section 14.9 Fencing and gates .......................................................................................... 10
SECTION 15 UTILITIES S
Section 15.1 Utilities offsite……………………………………………………………..10
Section 15.2 Franchise utilities ………………………………………………………….11
Section 15.3 Drainage ………………………………………………………………...…11
ARTICLE IV. EXHIBITS ............................................................................................................. 11
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EXHIBIT 1 Legal Description of PD District
EXHIBIT 2 PD Concept Plans
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ARTICLE I. GENERAL PROVISIONS
SECTION 1 SHORT TITLE
This ordinance shall be known and may be cited as the "Planned Development 1, Planning area 3
Single-Family Residential Planned Development Zoning District Ordinance.” or simply as the
"PD 1-3 Ordinance".
SECTION 2 PURPOSES
This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for
single-family residential development of the property bounded by Dove Road to the south, FM
1938 to the west, and Solana Boulevard to the north. To provide an appropriate transition
between the intensity of the commercial development anticipated to the north and the existing
and anticipated residential development to the south. for Land Uses similar to and compatible
with the neighboring residentially zoned properties.
SECTION 3 GENERAL DEFINITIONS
Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms,
and words shall be used, interpreted and defined as set forth in this Section. Other terms and
words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the
contrary, words used in the present tense include the future tense, and words used in the plural
include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as
permissive.
Section 3.2 Words and Terms Defined
Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations
that are adopted by the Council and that are applicable to development within the PD District or
Planning Area.
Council means the Town Council of the Town of Westlake, Texas.
Commission means the Planning and Zoning Commission of the Town of Westlake, Texas.
Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of
all floors of all buildings on a lot or unified development site measured between the outer
perimeter walls of the buildings excluding (i) area in a building or in a separate structure
(whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies
open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area
excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and
equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone.
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Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit,
or other masonry materials approved by the Town.
PD Concept Plan means any one or more of the drawings attached to this Ordinance and labeled
"PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD
Ordinance).
PD District means the planned development zoning district or Planning Area established or
amended by this PD Ordinance.
PD Ordinance means this planned development zoning district ordinance, including the PD
Concept Plan.
Planning Area means an area within a Planned Development zoning district, the boundaries of
which have been approved by the Town, which may have Permitted Uses and Development
Regulations that are only applicable to the Planning Area.
Town means the Town of Westlake, Texas.
Town Manager means the Town Manager of the Town of Westlake or his/her dsignee.
UDC means the Town's Unified Development Code, or the development related chapters of the
Code of Ordinances as amended.
SECTION 4 APPLICABILITY OF EXISTING REGULATIONS
Section 4.1 Applicable Town Ordinances
Except to the extent provided by the PD Concept Plan and this PD Ordinance, development
within the PD1-3 Planning Area shall also be governed by the Applicable Town Ordinances for
the R-0.5 1 Zoning District. In the event of any conflict between (i) the PD Concept Plan and
this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of
the PD Concept Plan and this PD Ordinance shall control. Except as provided below, in the
event of any conflict between the UDC and the Applicable Town Ordinances, the terms,
provisions and intent of the UDC shall control.
Section 4.2 General Approval Criteria
To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision
regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other
Town employee or consultant, the authority to approve any aspect of development within the PD
District (including, but not limited to, preliminary or final plats or any aspect thereof or any
agreements or permits related thereto) based on conformity with the Town's Comprehensive
Plan, Open Space Plan or Thoroughfare Plan, Master Water and Sewer and Master Drainage
Plans (or with the objectives, goals or policies of such plans), then such authority shall be
exercised to the extent necessary to determine whether the aspect of development being
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approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals,
and policies of such plan and ordinance.
SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS.
Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists
of drawings generally labeled as follows: (1) "Concept Plan". (2) “ Open Space and Trail
improvements.” (3) “Perimeter Wall Plan.” Except as otherwise provided by this PD
Ordinance, each of these drawings is a part of this PD Ordinance, and all graphic depictions
contained on such drawings are considered "regulatory" standards.
A. PD Concept Plan limits The drawing labeled "Concept Plan" identifies the
general boundaries of the PD3-1 Planning Area. The exact boundaries of the PD1-3
Planning Area are shown on the metes and bounds description attached hereto as
Exhibit 1. Any information shown on this drawing that is outside the boundaries of the
PD1-3 Planning Area is not considered part of the PD Concept Plan or this PD Ordinance
and does not bind or otherwise affect development within the PD1-3 Planning Area other
than for the purposes of alignment of improvements with existing off-site improvements.
Section 5.2 PD Development Plans A PD Development Plan is not typically required for
single-family residential developments.
Section 5.3 PD Site Plans A PD Site Plan is not typically required for single-family
residential developments.
SECTION 6 PARK LAND DEDICATION REQUIREMENTS
Park Land Dedication requirements shall be in accordance with Town ordinances and shall be
met prior to filing of Final Plats.
SECTION 7 TREE MITIGATION REQUIREMENTS
Tree Mitigation requirements shall be in accordance with Town ordinances and shall be met
prior to the filing of Final Plats.
SECTION 8 DUCT BANK REQUIREMENTS
The Developer shall install a Duct Bank system throughout the subdivision as required by Town
ordinances. The home builder shall tie into the Duct Bank prior to the Final Inspections or
Certificate of Occupancy approval.
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ARTICLE II. USES
SECTION 1 LAND USE SCHEDULE
Buildings, structures, and land within the PD1-3 Planning Area shall be used only in accordance
with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that
the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use
is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The
symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use
(this does not exclude other land uses which are generally considered accessory to the primary
use). A blank square shall mean that the use is not allowed by right as a principal or accessory
use.
PD1 PLANNING AREA 3 (PD1-3) – SINGLE FAMILY RESIDENTIAL
LAND USE SCHEDULE
PERMITTED USES
X=Permitted, A=Accessory Use,
S=SUP
RESIDENTIAL USES
Single Family Detached X
Single Family Zero Lot Line
Single Family Attached
Duplex
Home Occupation (1) X
Servants/Caretakers Quarters A
Temporary Accommodation for
Employees/Customers/Visitors
A
Swimming Pool (Private) A
Detached Garage (Private) A
Sport/Tennis Courts (Private unlit) A
Sport/Tennis Courts (Private lighted) S
INSTITUTIONAL and
GOVERNMENTAL USES
Emergency Ambulance Service X
Post Office (Governmental) X
Telephone, Electric, Cable, and Fiber
Optic Switching Station X
Electrical Substation S
Utility Distribution Lines2 X
Water and Sewage Pumping Station
(below grade) X
Water and Sewage Pumping Station
(above grade) X
Water Storage Tank and Pumping
System (Elevated or Above Grade)
X
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PERMITTED USES
X=Permitted, A=Accessory Use,
S=SUP
Water, Sewer, Electric, and Gas Meters X
Electric Transformers X
Private Streets/Alleys/Drives X
Child Daycare (Private; 7 or more) S
Government Building X
Police Station X
Fire Station X
AMUSEMENT/RECREATION
Park or Playground (Public or Private) X
Satellite Dish S
Non-Commercial Radio Tower S
Recreation Center (Private) X
Hike, Bike, and Equestrian Trails
(Public or Private) X
Temporary Sales Office (3) X
NOTES:
1. As defined by Chapter one of the Town of Westlake Code of Ordinances.
2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility
distribution lines.
3. Limited to period of construction.
SECTION 2 ACCESSORY USES AND STRUCTURES
An accessory use or structure which is customarily incidental to the principal use or structure,
and is located on the same lot or tract of land, shall be permitted as an accessory use without
being separately listed as a permitted use.
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ARTICLE III. DEVELOPMENT STANDARDS
SECTION 1 DENSITY
The Gross Density allowed shall be one (1) residential lot per acre of land. Gross Density is
defined in Chapter 1 of the Code of Ordinances as: Density, gross. The words "density, gross"
shall mean density in floor area ratio or dwelling units per acre, inclusive of roadway right-of-
way and dedicated public parks and open space
A maximum of 84 single-family residential lots may be allowed in this PD district..
SECTION 2 MINIMUM LOT SIZE
The minimum lot size shall be 20,90023,500 square feet. The minimum average size of all
single-family lots within Granada shall be 26,500 30,000 square feet.
SECTION 3 MINIMUM LOT WIDTH
The minimum lot width shall be 80 feet measured at the building line.
SECTION 4 MAXIMUM BUILDING HEIGHT
Section 4.1 Maximum Building Height. The maximum height for all structures located on
residential lots shall be two and one-half stories or 35 28 feet measured to the mid-span of the
highest roof span.
Section 4.2 Exceptions to Height Limitations. The height limits imposed above shall not
apply to (a) chimneys and vent stacks, cupolas, or other architectural features that are not
intended for occupancy or storage; (b) flag poles and similar devices; or (c) structures shown on
the approved concept plan.
SECTION 5 MINIMUM BUILDING SIZE
The minimum building size shall be 3,000 square feet for single story houses and 4,000 square
feet for two story houses.
SECTION 6 LOT COVERAGE
The footprint of the main level of each residence shall not exceed 4030% of the entire area of the
lot. Footprint shall not include porches, patios, or other unenclosed areas.
SECTION 7 FRONT YARD SETBACKS
The minimum front yard shall be 2540 feet. The Town Manager or his/her designee may
approve a reduction of the required setback or may require an increase in the required setback by
a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions
including the preservation of old growth trees.
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SECTION 8 REAR YARD SETBACKS
The minimum rear yard shall be 3540 feet. The Town Manager or his/her designee may approve
a reduction of the required setback by a maximum of ten (10) feet to avoid monotony or to
accommodate unique site conditions including the preservation of old growth trees.
SECTION 9 SIDE YARD SETBACKS
The minimum side yard shall be 1520 feet. The Town Manager or his/her designee may approve
a reduction of the required setback by a maximum of five (5) feet to accommodate unique site
conditions including the preservation of old growth trees.
SECTION 10 SLOPE REQUIREMENTS
The height of non-residential structures within the PD District shall not be limited based on any
adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the
PD District), or (ii) any roadway. All non-residential structures must be shown on an approved
concept plan are exempt from height limitations.
SECTION 11 SIGNAGE REQUIREMENTS
Section 11.1 Signs The UDC and the Westlake Code of Ordinance shall govern all signage
other than signage shown on the approved Concept Plan
Section 11.2 Exceptions to sign regulation. Signs shown on the approved Concept Plan are
exempt from regulation in the UDC.
SECTION 12 LANDSCAPE REQUIREMENTS
Section 12.1 Landscape requirements for residential home sites.
1. Shrubs or flower beds shall be located in flower beds along the foundation line of all
structures, except where paving is adjacent to the structure, and must extend away from
the foundation a minimum of five (5) feet. No more than seventy-five percent (75%) of
the landscaped area of a front yard may be covered by grass.
2. The landscape requirements of the Roadway Landscape Zones contained within the UDC
are applicable to all residential lots within this Planning Area.
3. Lots that have rear yards facing Dove Road or FM 1938 shall have a minimum of two (2)
large trees and two small trees per lot in each rear yard. The Town Manager or his/her
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designee may waive this requirement if adequate landscaping within the Common Open
Space between the lot and the roadway is in place.
Section 12.2 Landscape requirements for Common Areas
1. Landscaping shown in the common areas on the Concept Plan shall be installed and
maintained by the Developer or the Home Owners Association.
2. The Developer shall install and maintain all of the amenities and improvements contained
in the FM 1938 Streetscape Plan along the portion of FM 1938 that abuts the PD1-3
Planning Area.
3. Parking spaces within the common areas for Trail Head or other public use shall be
screened adjacent property or right-of-way. Landscaping and or berms shall create a
solid screening thirty (30) inches high between the parking area and any adjacent street.
SECTION 13 LIGHTING STANDARDS
All exterior lighting shall be subdued and indirect and comply with Town ordinances as well as
follow Dark Skies Design Guidelines. Nuisance lighting and or glare must be avoided. THE
OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE
NIGHT TIME DARK SKY BY MIMIMIZING THE AMOUNT OF EXTEROR LIGHTING.
TO UTILIZE LOW INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT
REQUIRED FOR SAFETY AND SUBTLE DRAMA, TO ACHIEVE OUTDOOR LIGHTING
OF PLANT MATERIALS WITH HIDDEN LIGHT SOURCES. THE TOWN OF WESTLAKE
SUPPORTS THE “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR
LIGHTING REGULATIONS IN THE CODE OF ORDINANCES.
Section 13.1 Street lighting. Street Lighting shall be located at all corners and intersections.
Lights shall be low pedestal type fixtures with fully shielded light sources as approved by the
Town.
Section 13.2 Outdoor lighting regulations. The Outdoor Lighting regulations contained in the
UDC are applicable to this Planning Area with the following additions:
1. Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25
watt incandescent or equivalent lumens.
2. Building walls shall not be illuminated and light from landscape lighting may not
illuminate building walls higher than four (4) above grade.
3. Floodlights are prohibited. Except as allowed in the UDC.
4. All light sources must be fully shielded from view from adjacent property or right-of-
ways. Light sources of 25 watts incandescent or equivalent may be shielded with frosted
or opaque glass.
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SECTION 14 BUILDING DESIGN ELEMENTS
Section 14.1 Architectural Control Committee. An Architectural Control Committee shall
be established that has approval authority over house designs prior to submittal for permitting.
The committee shall have three voting members with at least one member appointed by the
Town Manager and at least one member appointed by the developer. The member appointed by
the Town Manager may approve minor variances to any of the Building Design Elements if
he/she feels that the intent of the ordinance has been met.
Section 14.2 Roofs. Roofing materials shall be limited to concrete or clay tile, slate,
architectural or laminated 35 year warrantied composite shingles, standing seam metal (as accent
roof projections not exceeding 200 sq. ft., or other materials with similar appearance if approved
by the Town. No more than two houses on adjacent lots, fronting on the same street, may have
the same type and color roof material. No more than two houses on adjacent lots may have the
same roof pitch unless one or both roofs have multiple pitches.
Roof slope for the main structure and garage shall have a minimum roof pitch of 8:12, unless
otherwise approved by the Architectural Control Committee. This minimum pitch shall be used
on all roofs except Tuscan and Mediterranean style homes which can have a minimum of 4:12
roof pitch.
Roof design shall include offsets and dormers to break up large expanses of roof area.
Section 14.3 Exterior Walls. Exterior walls shall have horizontal and vertical articulation or
architectural features on all elevations.
Acceptable exterior wall materials:
Brick - as an accent limited to 30% of the exterior wall.
Stone
Cast Stone
Stucco – ¾ inch thick minimum and limited to 30% Except Tuscan and Mediterranean style
homes may have up to 100%..
Note: Siding of any type is prohibited for use on walls or chimneys.
Exterior wall coverings materials shall make changes at inside corners only. Every elevation
shall have a minimum of two wall materials or textures. Single wall covering materials may be
approved if architectural features, wall offsets, and enhanced trim around openings are utilized to
limit continuous blank wall areas..
Walls shall not exceed thirty feet in length without an offset of two (2) feet or more unless the
wall area is broken up by architectural elements such as ornate masonry work, changes in
construction material, or openings for windows or doors that are trimmed and recessed a
minimum of three (3) inches.
Section 14.4 Parking. Every house must have a minimum of three enclosed parking spaces.
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Section 14.5 Exterior doors and windows. All doors and windows other than those within
court yards shall be recessed a minimum of three inches.
Windows shall be wood or vinyl and those visible from off-site shall have wood or vinyl
mullions or muntins.
Primary Entry Doors shall vary in design from house to house. If the same door is used on
houses within the same block, trim, accents or other architectural enhancements shall be used to
create a diverse appearance and maintain the appearance of a custom home neighborhood.
Garage doors shall be made of sectional wood or be wood clad. Aluminum or fiberglass doors
are prohibited.
Garage doors shall be recessed a minimum of six inches.
Front facing garage doors are allowed if located further back on the lot than the side-facing
garage portion, are in a motor court setting, and behind a gate that extends over the driveway.
Section 14.6 Mechanical equipment screening All mechanical equipment and pool
equipment shall be completely screened from view from adjacent properties or right-of-way.
Screening may include landscaping provided the plant sizes are sufficient to provide seventy-five
percent screening at building final.
Section 14.7 Accessory buildings Architectural design, wall coverings and roof materials for
accessory structures shall be similar to those used on the primary structure
Section 14.8 Driveways and sidewalks All driveways and sidewalks and parking areas shall
be made of concrete, stone or pavestone. Concrete shall have an exposed aggregate finish, salt
finish, or be stamped and stained. All paving shall be a minimum of one foot from any adjacent
property line.
Section 14.9 Fencing and gates. All fencing shall be masonry or decorative metal. Posts shall
have decorative caps.
SECTION 15 UTILITIES AND DRAINAGE
Section 15.1 Utilities offsite. Water and sewer utilities for this site are provided by the Town of
Westlake. Off-site water and sewer line extensions as well as drainage improvements needed to
serve the site are the responsibility of the developer.
Section 15.2 Franchise Utilities. All on-site electric utility lines, new or existing, shall be
placed underground. All above grade equipment approved by the Town to be placed above grade
shall be screened from view as approved by the Town. All exclusive franchise utility easements
shall be identified on the preliminary plat and must be approved by the Town.
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Section 15.3 Drainage. The post development drainage run-off quantities leaving the site shall
not exceed post development drainage run-off quantities. This section is applicable to the
subdivision as a whole and to any portion of a buildable lot that drains on to or across another
buildable lot. Drainage inlets and outfalls shall be designed to appear natural and not
engineered.
Exception: Lot to lot drainage run-off is not limited if it is contained within underground piping.
ARTICLE IV. FIGURES
ARTICLE V. EXHIBITS
EXHIBIT A-1 Legal Description of PD District
EXHIBIT A-2 Boundary Map
EXHIBIT 2 PD Concept Plans
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EXHIBIT A-1 Legal Description of PD District
LEGAL DESCRIPTION
TRACT 2A 84.28 Acres
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin
Survey, Abstract No. 1958, Tarrant County, Texas and being a portion of Tract 2 as described in
the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in
Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot
1, Block 3, Westlake/Southlake Park Addition No. 1, an addition of the Town of Westlake,
Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas;
THENCE North 89 degrees 57 minutes 44 seconds West a distance of 200.93 feet to a point for
corner from which a 1 inch iron rod found bears North 59 degrees 11 minutes 44 seconds West a
distance of 0.35 feet;
THENCE North 00 degrees 20 minutes 49 seconds West a distance of 45.01 feet to a 5/8 inch
iron rod found with cap stamped “Huitt-Zollars”;
THENCE North 89 degrees 39 minutes 10 seconds West a distance of 462.17 feet to a 1/2 inch
iron rod found with Graham cap on the northerly right-of-way line of Dove Road as described in
Dedication Deed to the Town of Westlake as recorded under Instrument No. D208427746, Deed
Records of Tarrant County, Texas;
THENCE along the northerly right-of-way line of Dove Road the following:
North 00 degrees 19 minutes 57 seconds West a distance of 22.57 feet to a 1/2 inch iron rod
found with Graham cap;
North 89 degrees 24 minutes 50 seconds West a distance of 790.52 feet to a 1/2 inch iron rod
found with Graham cap at the beginning of a non-tangent curve to the right having a central
angle of 09 degrees 15 minutes 02 seconds, a radius of 1,047.14 feet and being subtended by a
chord which bears North 84 degrees 42 minutes 50 seconds West a distance of 168.88 feet;
Along said curve to the right an arc distance of 169.06 feet to a 5/8 inch iron rod set with Huitt-
Zollars cap at the end of said curve;
North 80 degrees 10 minutes 28 seconds West a distance of 36.09 feet to a 1/2 inch iron rod
found with Graham cap at the beginning of a non-tangent curve to the right having a central
angle of 08 degrees 51 minutes 19 seconds, a radius of 154.38 feet and being subtended by a
chord which bears North 39 degrees 37 minutes 29 seconds West a distance of 23.84 feet;
Along said curve to the right an arc distance of 23.86 feet to a 5/8 inch iron rod set with Huitt-
Zollars cap at the end of said curve, said point being on the easterly right-of-way li ne of Precinct
Line Road as described in said Dedication Deed to the Town of Westlake and being the
beginning of a non-tangent curve to the left having a central angle of 08 degrees 26 minutes 37
seconds, a radius of 1,782.50 feet and being subtended by a chord which bears North 04 degrees
17 minutes 41 seconds East a distance of 262.45 feet;
Thence along the easterly right-of-way line of Precinct Line Road, the following:
Along said curve to the left an arc distance of 262.68 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
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North 00 degrees 07 minutes 18 seconds East a distance of 1,301.73 feet to ½ inch iron rod
found with Graham cap at the beginning of non-tangent curve to the right having a central angle
of 35 degrees 56 minutes 14 seconds, a radius of 1,267.50 feet and being subtended by a chord
which bears North 18 degrees 08 minutes 14 seconds East a distance of 782.04 feet;
Along said curve to the right an arc distance of 795.01 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 36 degrees 04 minutes 07 seconds East a distance of 138.75 feet to ½ inch iron rod found
with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 06
degrees 53 minutes 02 seconds, a radius of 49.50 feet and being subtended by a chord which
bears North 39 degrees 28 minutes 33 seconds East a distance of 50.37 feet;
Along said curve to the right an arc distance of 50.40 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 43 degrees 01 minutes 31 seconds a distance of 59.51 feet to a ½ inch iron rod found with
Graham cap at the beginning of a non-tangent curve to the left having a central angle of 06
degrees 52 minutes 41 seconds, a radius of 255.50 feet and being subtended by a chord which
bears North 39 degrees 28 minutes 33 seconds East a distance of 30.65 feet;
Along said curve to the left an arc distance of 30.67 feet to a 5/8 inch iron rod set with Huitt-
Zollars cap at the end of curve;
North 36 degrees 03 minutes 35 East a distance of 329.53 feet to a ½ inch rod found with
Graham cap;
North 81 degrees 03 minutes 49 seconds East a distance of 21.21 feet to a ½ inch iron rod found
with Graham cap, said point being on the southerly right-of-way line of Kirkwood Boulevard as
described in said Dedication Deed to the Town of Westlake;
THENCE along the southerly right-of-way line of Kirkwood Boulevard, the following;
South 54 degrees 05 minutes 31 seconds East a distance of 123.12 feet to a ½ inch iron rod found
with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 46
degrees 48 minutes 17 seconds, a radius of 735.60 feet and being subtended by a chord which
bears South 30 degrees 31 minutes 48 seconds East a distance of 584.34 feet;
Along said curve to the right an arc distance of 600.91 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
South 07 degrees 14 minutes 24 seconds East a distance of 2.72 feet to a ½ inch iron rod found
with Graham cap at the beginning of a non-tangent curve to the left having a central angle of 44
degrees 45 minutes 39 seconds, a radius of 932.50 feet and being subtended by a chord which
bears South 29 degrees 29 minutes 44 seconds East a distance of 710.11 feet;
Along said curve to the left an arc distance of 728.49 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
South 51 degrees 46 minutes 54 seconds East a distance of 230.66 feet to a ½ inch iron rod found
at the beginning of a non-tangent curve to the right having a central angle of 19 degrees 15
minutes 50 seconds, a radius of 400.00 feet and being subtended by a chord which bears South
42 degrees 14 minutes 31 seconds East a distance of 133.86 feet;
Along said curve to the right an arc distance of 134.49 feet to a ½ inch iron rod found with Huitt-
Zollars cap at the end of said curve;
THENCE departing the southerly right-of-way line of Kirkwood Boulevard, South 00 degrees 00
minutes 00 seconds East a distance of 1475.04 feet to the POINT OF BEGINNING and
containing 84.28 acres of land, more or less.
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15
EXHIBIT A-2 Boundary Map
16
Exhibit 2 Concept Plan Formatted: Font: Bold, Underline
17
18
Michael Bennett AIA, Dipl.-Ing.
Principal and Chief Executive Officer
500 West 7th Street, Suite 1400 | Fort Worth, Texas 76102
817.335.4991 | www.bbptx.com
12 February 2013
Mr. Tom Brymer
Manager
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
Re: PD1-3 Planned Development Ordinance No. 693
Dear Tom,
At your request, we have reviewed the above referenced draft ordinance and have made observations as noted
below that might, in our opinion and experience, assist in establishing and maintaining a quality single family
residential project appropriate for the Town of Westlake. At this point, we have reviewed only the draft
ordinance and not the CCR’s or Design Guidelines, but will be doing so in the coming days.
I believe the ordinance as submitted represents a very good start to establishing the quality that the town and
its residents seek, however I suggest improvements in specific areas as indicated below might further solidify
the quality of the development.
Article I
Section 1: No comment.
Section 2: No comment.
Section3: While I agree that split face masonry should be classified as a masonry material, I don’t think its use
within a high quality residential subdivision is advisable.
Section 4: No comments
Section 5: Paragraph 5.1 refers to a Concept Plan, an Open Space and Trail Improvements Plan as well as a
Perimeter Wall Plan. The only drawing included in the package I received was a concept plan so I can’t
comment on the other plans at this time.
Section 6: No comments.
Section 7: From the concept plan submitted it is not clear whether the plan takes into account issues such as
existing topography and existing trees. The plan does reflect where some stands of trees have been preserved
2
into the rear yards of the homes, but does not appear to be based on a tree survey that would denote sizes
and types of trees. I believe the careful preservation of specimen trees can be one of many ways to
differentiate a quality residential development from typical tract housing.
Section 8: No comments.
Article II Uses.
Section 1: To my knowledge not all of the uses suggested in this list will be permitted in this project, as it is
strictly residential in nature. In an event, I’d suggest that perhaps the developer lay out a few examples of
homes on actual lots using the setback requirements and other criteria prior to finalizing this ordinance so that
all parties can understand the range of realistic uses and perhaps adjust the table accordingly.
Section 2: See comments for Section 1 above. In addition, further accessory buildings such as playhouses
and pool cabanas should be addressed somewhere in the ordinance.
Article III
Section 1: No comment.
Section 2: My one concern in the area of lot size is that, from the plan included, there appears to be little
variation in the lots from the street perspective which will make avoiding monotony a greater challenge in the
design of the actual homes.
Section 3: As in the comment above, from the plan there doesn’t appear to be much variation in lot widths
from the street. One other observation is that I believe the smaller Vaquero villa lots are about 80’ in overall
width with smaller side setbacks. The larger, more typical lots in Vaquero and in Glenwyck are also wider than
these, which allows for a greater variation in ways to handle garage locations and house layout.
Section 4: I would suggest clarifying the building height measurement to being 28’ measured to the mid point
of the highest roof, excepting architectural features as mentioned elsewhere.
Section 5: Minimum sizes relate to lot sizes. With a variation in lot sizes the developer might consider a range
of minimum home sizes relative to the lot size. This type system would also allow for a mix of empty nesters
and families. I would consider the 3,000 square feet a small minimum for a development in this location.
Section 6: Going up to a 40% lot coverage in Westlake seems high to me, especially since the site plan
enclosed seems to indicate most of the open space outside the development rather than within it. I am basing
this on the assumption that, up to now, developments Westlake have tended to reflect the natural character of
the area by having more open space.
Section 7: No comment.
Section 8: No comment.
Section 9: No comment.
Section 10: The text here speaks of non-residential structures, so I’m not sure how it relates to this project.
3
Section 11: No comment.
Section 12: I believe the section on landscape requirements is not specific enough and should be augmented
in the design guidelines. For example, there should be a list of permitted and prohibited plantings, clarification
of plant/tree sizes required at installation, requirements for street trees and streetscapes, irrigation
requirements to name a few. Further, the ordinance or CCR’s should address the design of structures that may
occur in the landscape, such as retaining walls and fences including front yard screening fences, rear yard
fences and fences along the public right of way.
Section 13: You might consider more specificity in the lighting design to establish minimum and maximum
footcandles for street lighting as well as a maximum fixture height. This will help attain a consistently
acceptable light level throughout.
Section 14.1: I agree that an Architectural Control Committee is critical to a project’s success, but I think the
committee should have three members with the third being selected by the two appointees as listed in the
ordinance. The committee should have a specific set of design guidelines to work from that augments this
ordinance and should also be involved in approving a concept plan for each individual lot.
In addition, as the developer’s role in the project decreases, his position should be taken over by an HOA that
continues on to monitor that the established level of quality in the development is being maintained and that
subsequent additions or alterations to homes in the subdivision adhere to the spirit of quality this ordinance
establishes. There should also be an appeals process established.
Section 14.2: No comment.
Section 14.3 I would recommend that when used, stucco be true concrete stucco and not other materials
such as EIFS. I also suggest changing the words “wall coverings” to “materials” throughout.
Section 14.4: You might want to consider the requirement for three parking spaces throughout and might
allow for relief for smaller homes. For example, a 3,000 square foot home might not really need three spaces.
Section 14.5: I suggest making an adjustment here to require that the mullions or muntins be true divided
lights with the muntin or mullion having a three dimensional projection. This would prohibit false muntins
between the panes of an insulated window or door.
As far as garage doors, I suggest adding language to prohibit double garage doors. In addition, I suggest that
only a single garage door be allowed to face the street, meaning that it would be a minimum of 24’ back from
the side of the garage facing the street. Furthermore, I suggest that a wall or solid landscape screening be
provided at the street edge of the auto court to make the doors less visible from the street. Special paving
treatment in the auto court can also help. Again, design guidelines could address all of these issues in more
detail, but if not, these kinds of details need to be addressed in the ordinance.
14.7: No comment.
14.9: I suggest adding language that the masonry material be similar to the main structure.
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Section 15: As far as drainage, I suggest adding requirements that state that the drainage structures need to
appear natural and not engineered.
Other comments:
As I’ve mentioned above, I think the overall concept plan of this development could benefit from more variation
of lots sizes and consequently home types. This will prevent monotony within the home designs themselves as
well as within the overall context of the development.
Additionally, you might want to consider other ways of establishing minimum levels of quality for the homes.
We have observed other jurisdictions that specify details such as appliance selections and interior finishes in
order to establish a quality level appropriate for the area.
Please contact me if I can help clarify any of my observations or be of further assistance.
Best regards,
Michael J. Bennett AIA
Principal and Chief Executive Officer
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Consider approval of a Resolution Approving a Westlake Academy
Campus Development Plan adding a cafetorium, three-story secondary
classroom building, and a fieldhouse.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Park/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: January 29, 2013 December 31, 2014
Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
1. Existing
Infrastructure
Reinvestment
(Current Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
A Master Plan Task Force comprised of the Director of Facilities & Recreation in conjunction
with WA Faculty and Staff members from Bennett, Benner, Pettit, (BB&P) met in May and June
2012 to discuss future growth including class size, the total student population, program
offerings, and funding options.
The plan was subsequently presented at the Town Council workshop held on August 10, 2012.
Discussion at that workshop included a draft facility plan and associated possible capital projects
for the Academy. Facility improvements were also discussed at a Board of Trustees workshop
meeting on August 13, 2012, and again at the Town Council’s Workshop on August 27, 2012.
The Board of Trustees approved the Westlake Academy facilities master plan at the November 5,
2012 and the plan was approved by the Town Council on November 12, 2012.
At the February 12, 2012 Town Council meeting, Ordinance 667 was approved amending the
Code of Ordinances, to remove the Site Plan approval requirement for property zoned as
Government Use. It does require that any development on property zoned for Government Use
must be approved by the Town Council.
Staff will present a brief summary to the Planning & Zoning Commission on the proposed
development for the Westlake Academy Campus on February 20, 2013.
Staff will also present a proposed Westlake Academy Campus Development Plan to the Town
Council for approval on February 20, 2013. This plan includes:
(1) Single-story cafetorium (approximately 9,600 sq. ft.)
(2) A three story secondary classroom building (ap proximately 18,900 sq. ft.)
(3) A single story field house (approximately 9,600 sq. ft.)
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval of the Westlake Academy campus Development Plan.
ATTACHMENTS
Resolution, Exhibit A
Exhibit B Development Plan for the Westlake Academy.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, February 25, 2013
TOPIC: Consider approval of a Resolution Approving a Westlake Academy
Campus Development Plan adding a cafetorium, three-story secondary
classroom building, and a fieldhouse.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Park/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: January 29, 2013 December 31, 2014
Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
1. Existing
Infrastructure
Reinvestment
(Current Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
At the February 12, 2012 Town Council meeting, Ordinance 667 was approved amending the
Code of Ordinances, to remove the Site Plan approval requirement for property zoned as
Government Use. It does require that any development on property zoned for Government Use
must be approved by the Town Council.
Staff will present a brief summary to the Planning & Zoning Commission on the proposed
development for the Westlake Academy Campus on February 20, 2013.
Staff will also present a proposed Westlake Academy Campus Development Plan to the Town
Council for approval on February 20, 2013. This plan includes:
(1) Single-story cafetorium (approximately 9,600 sq. ft.)
(2) A three story secondary classroom building (ap proximately 18,900 sq. ft.)
(3) A single story field house (approximately 9,600 sq. ft.)
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval of the Westlake Academy campus Development Plan.
ATTACHMENTS
Resolution, Exhibit A
Exhibit B Development Plan for the Westlake Academy.
Resolution 13-08
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A WESTLAKE ACEDEMY CAMPUS DEVELOPMENT PLAN
FOR THE PROPERTY ADDRESSED AS 2600 JT OTTINGER ROAD, LOCATED IN
THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS;
WHEREAS, Government Use Development zoned property requires approval by the
Town Council and,
WHEREAS, the continued gro wth of the Westlake residential community and Westlake
Academy is anticipated based on previous history and demand for academic services and ,
WHEREAS, The draft of master plan was presented at the Board of Trustees workshop
on August 13, 2012 and Town Council workshop on August 10, 2012 and approved at the Town
Council meeting on November 12, 2012 and,
WHEREAS, it has been determined that the addition of a Cafetorium, three-story
Secondary Classroom Building and a Field House is necessary to accommodate growth and
provide for high-student achievement and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approve the
Westlake Academy Campus Development Plan, 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 13-08
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY 2013.
_____________________________
Laura L. Wheat, Mayor
ATTEST:
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
1AS101WESTLAKE ACADEMY PROPOSED SITE PLAN100'-0"200'-0"300'-0"1" = 100'
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1AS102SITE SECTION STUDY50'-0"100'-0"150'-0"1"=40'-0"
EXECUTIVE SESSION
a. Section 551.087: Deliberation Regarding Economic Development Negotiations
– to deliberate the offer of a financial or other incentive to a business
prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers,
or other legal matters not related directly to litigation or settlement. Pending
or contemplated litigation and settlement offers include but are not limited to
the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
Town of Westlake
Item # 9 –
Executive Session
Town of Westlake
Item # 10 –
Reconvene Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations
– to deliberate the offer of a financial or other incentive to a business
prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers,
or other legal matters not related directly to litigation or settlement. Pending
or contemplated litigation and settlement offers include but are not limited to
the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
Town of Westlake
Item # 11 – Take any
Necessary Action, if
necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #12 - Future
Agenda Items
Strategic Issue February - 2013 March – 2013 April – 2013 May – 2013 June - 2013 July - 2013
Capital Investment
MOVED FROM NOVEMBER
• Feasibility study for
water/sewer impact
fees – Tentative (pg.
10, SA 3.1)
Fiscal Stewardship &
Organizational
Effectiveness
MOVED FROM JANUARY
• Report on
business incentive
opportunities (pg.
11, SA 6.2)
Human Resources
(Employee Investment)
Comprehensive
Planning and
Management of Natural
Resources
• Review land use plan
relative to future growth
and financial
sustainability (pg. 12, SA
9.B.2)
• Draft master plans
according to approved
Comp plan (pg. 12, SA 9.C.1)
• Review existing
ordinances w/Comp plan
(pg. 12, SA 9.D.1)
• Compare/contrast
programs relative to
surrounding
communities – ‘best
practices’ on
environmental and
conservation (pg. 13,
SA 10.2)
Public Safety and
Emergency
Preparedness
• Report on Police
Services Contract (pg.
SA 11.1)
MOVED FROM DECEMBER
• Review Town&
Academy SOP’s and
emergency plans to
maintain readiness
(pg. 13, SA 12.2)
• Inventory &
identify availability
of recommended
EOC components
(pg. 13, SA 12.3)
Updated 02/18/13
COUNCIL CALENDAR
o WA National Honor & Junior Honor Society Induction Ceremonies
February 28, 2013; NJHS ceremony at 6:30 pm & NHS ceremony
at 7:00 pm; WA Performance Hall
o WA Lottery – March 1, 2013; 5-6:00 pm; WA Performance Hall
o WA 10th Anniversary Gallery Night – WAF presents:Wonderland
March 2, 2013; 6:00 pm - Midnight; Marriott Solana Hotel
o BOT Workshop & Meeting
March 4, 2013
o WHPS Living History Presentation – History of the Pony Express
March 5, 2013; 7:00 pm; WA Performance Hall
o UNICEF Hoops for Hope Fundraiser (Grades 7-12 competing); ALL invited
March 8, 2013; 3:30 – 7:30 pm; WA Gymnasium
o WA Spring Break – March 11 – 15, 2013
o WA hosts International Student Symposium – Grade 10 IB students from 6
countries, PA, & KS to attend; March 18-25, 2013
o Town Council Workshop & Meeting
March 25, 2013
o MasterWorks Concert Series begins in April; Concert every Thursday evening
April 4, 11, 18, & 25; 6-7:00 pm; Solana’s Village Circle Courtyard
o Alliance Development Forum, 11:00am-1:00pm, DFW Marriott Hotel @
Championship Circle
o WHPS Historical Marker Dedication – Possum Trot School
April 6, 2013; Time TBD; WA campus
o Westlake’s Annual Arbor Day
April 20, 2013; 3-7:00 pm; Glenwyck Farms Park
Town of Westlake
Item # 14 –
Council Calendar
Town of Westlake
Item # 15 –
Adjournment
Back up material has not
been provided for this item.