HomeMy WebLinkAbout10-28-13 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
Page 1 of 5
TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
October 28, 2013
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Workshop Session: 5:15 p.m.
Regular Session: 6:30 p.m.
Page 2 of 5
Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE OCTOBER 28, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
4. DISCUSSION ITEMS
a. Discussion regarding an ordinance 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”. (15 min)
b. Presentation and discussion regarding the process to establish a Public
Improvement District (PID) for the Entrada development and the petition
submitted to establish. (60 minutes)
c. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections. (15 min)
d. Continued discussion, from the September 16, 2013 meeting, regarding
appointments for Comprehensive Plan steering committee. (15 min)
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Westlake Academy Facility Expansion
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
6. RECONVENE MEETING
Page 3 of 5
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. COUNCIL RECAP / STAFF DIRECTION
9. 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.
Proclamation recognizing November 4 - November 8, 2013, as Municipal Court Week.
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 September 9, 2013, meeting.
b. Consider approval of the minutes from the September 16, 2013, meeting.
c. Consider approval of the minutes from the October 7, 2013, meeting.
d. Consider approval of Ordinance 716, Atmos Energy Corp., Mid-Tex Division
regarding the company’s 2013 Annual Rate Review Mechanism filing.
e. Consider approval of Ordinance 717, Amending the Town of Westlake Code Of
Ordinances, Chapter 38, Article II, Fire Prevention, Section 38-31; Adoption of the
2012 Fire Code.
f. Consider approval of Resolution 13-29, Approving TxDot Change Order 3.
g. Consider approval of Resolution 13-30, Awarding the Bid to C. Green Scaping,
LP for the FM 1938 Phase 3 Streetscape enhancement project.
h. Consider approval of Resolution 13-31, Appointments of Comprehensive Plan
steering committee members.
i. Consideration approval of Ordinance 718, 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”.
4. PUBLIC HEARING AND CONSIDERATION REGARDING ORDINANCE 719
REZONING FROM R-1 TO PD5, RUTH BAKER SURVEY – A 108 TRACTS 1C1B6D,
1C1B6F1, AND 1C01B6F. THE THREE (3) TRACTS CURRENTLY MAKE UP TWO
Page 4 of 5
LOTS IN THE STAGECOACH HILLS SUBDIVISION, COMMONLY KNOWN AS 5944
AND 5960 STAGECOACH CIRCLE.
5. PUBLIC HEARING AND CONSIDERATION REGARDING ORDINANCE 720,
AMENDING THE ZONING BY APPROVING A DEVELOPMENT PLAN FOR PD1-2,
KNOWN AS ENTRADA, AN 85 ACRE (APPROX.) TRACT LOCATED AT THE
NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD.
6. PUBLIC HEARING AND CONSIDERATION REGARDING RESOLUTION 13-32,
APPROVING A PRELIMINARY PLAT OF ALL LAND CONTAINED WITHIN THE
PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2) ZONING
DISTRICT. THE SUBJECT PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND
LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND
SOLANA BOULEVARD, EXTENDING NORTH TO STATE HWY 114.
7. PUBLIC HEARING AND CONSIDERATION REGARDING ORDINANCE 721,
APPROVING A SITE PLAN FOR AN APPROXIMATELY ½ ACRE TRACT OF LAND
CONTAINED WITHIN THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING
AREA 2 (PD1-2) ZONING DISTRICT. THE SUBJECT PROPERTY IS NOT PLATTED
BUT IS THE SOUTHWESTERN MOST CORNER OF LOT 1, BLK A, OF THE ENTRADA
SUBDIVISION, AS SHOWN ON THE PRELIMINARY PLAT.
8. CONSIDER APPROVAL OF RESOLUTION 13-33, REGARDING DEED
RESTRICTIONS, INCLUDING DESIGN GUIDELINES AS WELL AS DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICIONS FOR GRANADA, A
RESIDENTIAL DEVELOPMENT
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 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Westlake Academy Facility Expansion
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
Page 5 of 5
10. RECONVENE MEETING
11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
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. COUNCIL CALENDAR
14. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
October 24, 2013, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government
Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town of Westlake
Workshop 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 September 9, 2013, meeting.
b. Consider approval of the minutes from the September 16, 2013, meeting.
c. Consider approval of the minutes from the October 7, 2013, meeting.
d. Consider approval of Ordinance 716, Atmos Energy Corp., Mid-Tex Division
regarding the company’s 2013 Annual Rate Review Mechanism filing.
e. Consider approval of Ordinance 717, Amending the Town of Westlake Code Of
Ordinances, Chapter 38, Article II, Fire Prevention, Section 38-31; Adoption of the
2012 Fire Code.
f. Consider approval of Resolution 13-29, Approving TxDot Change Order 3.
g. Consider approval of Resolution 13-30, Awarding the Bid to C. Green Scaping
LP for the FM 1938 Phase 3 Streetscape enhancement project.
h. Consider approval of Resolution 13-31, Appointments of Comprehensive Plan
steering committee members.
i. Consideration approval of Ordinance 718, 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”.
Town of Westlake
Workshop Item # 3-
Review of Consent
Agenda Items
DISCUSSION ITEMS
a. Discussion regarding an ordinance 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”. (15 min)
b. Presentation and discussion regarding the process to establish a Public
Improvement District (PID) for the Entrada development and the petition
submitted to establish. (60 minutes)
c. Standing Item: Update and discussion regarding Westlake Academy
Phase I expansion project and enrollment projections. (15 min)
d. Continued discussion, from the September 16, 2013 meeting, regarding
appointments for Comprehensive Plan steering committee. (15 min)
Town of Westlake
Workshop Item # 4-
Discussion Items
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion
Regular Meeting - Consent
Westlake Town Council Workshop Meeting
Monday, October 28, 2013
TOPIC: Discussion and consideration of adopting an ordinance 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”.
STAFF CONTACT: Debbie Piper, Finance Director
Decision Points
Start Date Completion Date
Timeframe: October 28, 2013 January 7, 2014
Funding: Amount- None. 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
N/A SA 09B1: Financial Analysis
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Tom Lawrence, our financial advisor, has been closel y watching the bond rates and working
the numbers in order to notify the Town at the earliest time it would be beneficial to refund a
portion of our bonds. He has identified significant estimated cost savings that can be obtained
by moving forward on the refunding of certain 2003 Certificates of Obligation previously issued
by the Town. He has forwarded the attached report to make us aware of potential savings if we
proceed.
As stated in our Financial Policies, the present value savings of a particular refunding should
exceed 3.5% of the principal amount to be refunded. The attached report, based on current
interest rates (as of October 18, 2013), reflects present values savings of 8%, with an overall
savings of $221,944 (page 1 of report).
This proposed refunding would need to close after December 31st for “bank-qualified” status
due to the Certificates of Obligation issued earlier this year. The sale could occur this year
(some time after Thanksgiving), but the closing would need to be set for the first week of
January or later.
Staff is also recommending the Council consider adopting a “Delegated Pricing” ordinance that
gives us more timing flexibility. This is a more flexible approach than the traditional method of
locking in an interest rate on the day that the Town Council meets to approve the sale of the
bonds. This involves the Council approving a set of parameters that must be met before the
refunding bonds could be issued. Such parameters include, among others, maximum amount of
refunding bonds (e.g. $7 million), minimum amount of present value savings (e.g. 5.0%) and a
time limit for completing the transaction, (e.g. six months). In addition to establishing
parameters, a Delegated Pricing Ordinance delegates the final approval of the refunding bonds
to its staff, e.g. Town Manager or Finance Director, who would have to sign off on the
transaction before a bond sale and closing may occur. No further Council action would be
required.
A schedule is attached of the events that will need to take place if we move forward with the
bond refunding and “Delegated Pricing” ordinance in October.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval of an ordinance authorizing the issuance of general obligation
refunding bonds, including “Delegated Pricing” at the October Council meeting in order for
Town Staff to take advantage of rates when they are at a point that best benefits the Town
regarding the refunding.
Attachments
a) Schedule of Events
b) Refunding report prepared by Lawrence Financial Consulting LLC
TOWN OF WESTLAKE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014
SCHEDULE OF EVENTS
(Council Meeting Dates Highlighted)
Action Date
Bond Sale/Delegated Pricing Approved by Town Council10/28/13
Application for Credit Rating; initial draft of POS distributed 10/31/13
Credit Rating Received 11/18/13
Preliminary Official Statement Distributed to Investors11/21/13
Bond Pricing Completed 12/04/13
Bond Counsel Submits Transcript to AG for Review12/06/13
Final Official Statement printed12/11/13
Closing Memorandum Distributed12/12/13
Attorney General Approval Received01/03/14
Closing 01/07/14
Lawrence Financial Consulting LLC 10/18/2013
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Table of Contents
Report
Debt Service Comparison 1
Debt Service Schedule 2
Pricing Summary 4
Total Refunded Debt Service 5
Debt Service To Maturity And To Call 6
Operation of Current Refunding 8
Escrow Summary Cost 9
Refunding Summary 10
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service Comparison
Date Total P+I
Existing
D/S Net New D/S Old Net D/S Savings
09/30/2014 40,850.78 178,390.63 219,241.41 223,705.63 4,464.22
09/30/2015 260,510.00 -260,510.00 275,630.00 15,120.00
09/30/2016 261,560.00 -261,560.00 273,230.00 11,670.00
09/30/2017 64,470.00 -64,470.00 75,250.00 10,780.00
09/30/2018 64,290.00 -64,290.00 75,250.00 10,960.00
09/30/2019 64,110.00 -64,110.00 75,250.00 11,140.00
09/30/2020 63,930.00 -63,930.00 75,250.00 11,320.00
09/30/2021 63,750.00 -63,750.00 75,250.00 11,500.00
09/30/2022 63,570.00 -63,570.00 75,250.00 11,680.00
09/30/2023 63,390.00 -63,390.00 75,250.00 11,860.00
09/30/2024 63,210.00 -63,210.00 75,250.00 12,040.00
09/30/2025 63,030.00 -63,030.00 75,250.00 12,220.00
09/30/2026 62,850.00 -62,850.00 75,250.00 12,400.00
09/30/2027 62,670.00 -62,670.00 75,250.00 12,580.00
09/30/2028 62,490.00 -62,490.00 75,250.00 12,760.00
09/30/2029 412,000.00 -412,000.00 425,250.00 13,250.00
09/30/2030 409,200.00 -409,200.00 422,750.00 13,550.00
09/30/2031 414,000.00 -414,000.00 424,500.00 10,500.00
09/30/2032 413,100.00 -413,100.00 425,250.00 12,150.00
Total $2,972,980.78 $178,390.63 $3,151,371.41 $3,373,315.63 $221,944.22
PV Analysis Summary (Net to Net)
Gross PV Debt Service Savings 158,328.82
Net PV Cashflow Savings @ 3.742%(TIC)158,328.82
Contingency or Rounding Amount 484.30
Net Present Value Benefit $158,813.12
Net PV Benefit / $1,880,000 Refunded Principal 8.448%
Net PV Benefit / $1,980,000 Refunding Principal 8.021%
Refunding Bond Information
Refunding Dated Date 1/07/2014
Refunding Delivery Date 1/07/2014
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 1
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service Schedule Part 1 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
01/07/2014 -----
08/15/2014 --40,850.78 40,850.78 -
09/30/2014 ----40,850.78
02/15/2015 195,000.00 2.000%33,730.00 228,730.00 -
08/15/2015 --31,780.00 31,780.00 -
09/30/2015 ----260,510.00
02/15/2016 200,000.00 2.000%31,780.00 231,780.00 -
08/15/2016 --29,780.00 29,780.00 -
09/30/2016 ----261,560.00
02/15/2017 5,000.00 3.600%29,780.00 34,780.00 -
08/15/2017 --29,690.00 29,690.00 -
09/30/2017 ----64,470.00
02/15/2018 5,000.00 3.600%29,690.00 34,690.00 -
08/15/2018 --29,600.00 29,600.00 -
09/30/2018 ----64,290.00
02/15/2019 5,000.00 3.600%29,600.00 34,600.00 -
08/15/2019 --29,510.00 29,510.00 -
09/30/2019 ----64,110.00
02/15/2020 5,000.00 3.600%29,510.00 34,510.00 -
08/15/2020 --29,420.00 29,420.00 -
09/30/2020 ----63,930.00
02/15/2021 5,000.00 3.600%29,420.00 34,420.00 -
08/15/2021 --29,330.00 29,330.00 -
09/30/2021 ----63,750.00
02/15/2022 5,000.00 3.600%29,330.00 34,330.00 -
08/15/2022 --29,240.00 29,240.00 -
09/30/2022 ----63,570.00
02/15/2023 5,000.00 3.600%29,240.00 34,240.00 -
08/15/2023 --29,150.00 29,150.00 -
09/30/2023 ----63,390.00
02/15/2024 5,000.00 3.600%29,150.00 34,150.00 -
08/15/2024 --29,060.00 29,060.00 -
09/30/2024 ----63,210.00
02/15/2025 5,000.00 3.600%29,060.00 34,060.00 -
08/15/2025 --28,970.00 28,970.00 -
09/30/2025 ----63,030.00
02/15/2026 5,000.00 3.600%28,970.00 33,970.00 -
08/15/2026 --28,880.00 28,880.00 -
09/30/2026 ----62,850.00
02/15/2027 5,000.00 3.600%28,880.00 33,880.00 -
08/15/2027 --28,790.00 28,790.00 -
09/30/2027 ----62,670.00
02/15/2028 5,000.00 3.600%28,790.00 33,790.00 -
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 2
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service Schedule Part 2 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
08/15/2028 --28,700.00 28,700.00 -
09/30/2028 ----62,490.00
02/15/2029 360,000.00 3.000%28,700.00 388,700.00 -
08/15/2029 --23,300.00 23,300.00 -
09/30/2029 ----412,000.00
02/15/2030 370,000.00 4.000%23,300.00 393,300.00 -
08/15/2030 --15,900.00 15,900.00 -
09/30/2030 ----409,200.00
02/15/2031 390,000.00 4.000%15,900.00 405,900.00 -
08/15/2031 --8,100.00 8,100.00 -
09/30/2031 ----414,000.00
02/15/2032 405,000.00 4.000%8,100.00 413,100.00 -
09/30/2032 ----413,100.00
Total $1,980,000.00 -$992,980.78 $2,972,980.78 -
Yield Statistics
Bond Year Dollars $26,554.00
Average Life 13.411 Years
Average Coupon 3.7394772%
Net Interest Cost (NIC)3.7552967%
True Interest Cost (TIC)3.7420844%
Bond Yield for Arbitrage Purposes 3.6437444%
All Inclusive Cost (AIC)3.9985637%
IRS Form 8038
Net Interest Cost 3.6935032%
Weighted Average Maturity 13.381 Years
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 3
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Pricing Summary
Maturity Type of Bond Coupon Yield
Maturity
Value Price Dollar Price
02/15/2015 Serial Coupon 2.000%0.500%195,000.00 101.651% 198,219.45
02/15/2016 Serial Coupon 2.000%0.700%200,000.00 102.712% 205,424.00
02/15/2028 Term 1 Coupon 3.600%3.600%60,000.00 100.000% 60,000.00
02/15/2029 Serial Coupon 3.000%3.500%360,000.00 94.170% 339,012.00
02/15/2030 Serial Coupon 4.000%3.650%370,000.00 102.687%c 379,941.90
02/15/2031 Serial Coupon 4.000%3.750%390,000.00 101.910%c 397,449.00
02/15/2032 Serial Coupon 4.000%3.850%405,000.00 101.139%c 409,612.95
Total ---$1,980,000.00 --$1,989,659.30
Bid Information
Par Amount of Bonds $1,980,000.00
Reoffering Premium or (Discount)9,659.30
Gross Production $1,989,659.30
Total Underwriter's Discount (0.700%)$(13,860.00)
Bid (99.788%)1,975,799.30
Total Purchase Price $1,975,799.30
Bond Year Dollars $26,554.00
Average Life 13.411 Years
Average Coupon 3.7394772%
Net Interest Cost (NIC)3.7552967%
True Interest Cost (TIC)3.7420844%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 4
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2003
Total Refunded Debt Service
Date Principal Coupon Interest Total P+I
05/01/2014 -3.875%45,315.00 45,315.00
05/01/2015 185,000.00 4.000%90,630.00 275,630.00
05/01/2016 190,000.00 4.200%83,230.00 273,230.00
05/01/2017 --75,250.00 75,250.00
05/01/2018 --75,250.00 75,250.00
05/01/2019 --75,250.00 75,250.00
05/01/2020 --75,250.00 75,250.00
05/01/2021 --75,250.00 75,250.00
05/01/2022 --75,250.00 75,250.00
05/01/2023 --75,250.00 75,250.00
05/01/2024 --75,250.00 75,250.00
05/01/2025 --75,250.00 75,250.00
05/01/2026 --75,250.00 75,250.00
05/01/2027 --75,250.00 75,250.00
05/01/2028 --75,250.00 75,250.00
05/01/2029 350,000.00 5.000%75,250.00 425,250.00
05/01/2030 365,000.00 5.000%57,750.00 422,750.00
05/01/2031 385,000.00 5.000%39,500.00 424,500.00
05/01/2032 405,000.00 5.000%20,250.00 425,250.00
Total $1,880,000.00 -$1,314,925.00 $3,194,925.00
Yield Statistics
Base date for Avg. Life & Avg. Coupon Calculation 1/07/2014
Average Life 13.875 Years
Average Coupon 4.9771628%
Weighted Average Maturity (Par Basis) 13.875 Years
Refunding Bond Information
Refunding Dated Date 1/07/2014
Refunding Delivery Date 1/07/2014
2003 after 2011 rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 5
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service To Maturity And To Call Part 1 of 2
Date
Refunded
Bonds
Interest to
Call D/S To Call Principal Interest
Refunded
D/S Fiscal Total
05/01/2014 1,880,000.00 45,315.00 1,925,315.00 -45,315.00 45,315.00 -
09/30/2014 ------45,315.00
11/01/2014 ----45,315.00 45,315.00 -
05/01/2015 ---185,000.00 45,315.00 230,315.00 -
09/30/2015 ------275,630.00
11/01/2015 ----41,615.00 41,615.00 -
05/01/2016 ---190,000.00 41,615.00 231,615.00 -
09/30/2016 ------273,230.00
11/01/2016 ----37,625.00 37,625.00 -
05/01/2017 ----37,625.00 37,625.00 -
09/30/2017 ------75,250.00
11/01/2017 ----37,625.00 37,625.00 -
05/01/2018 ----37,625.00 37,625.00 -
09/30/2018 ------75,250.00
11/01/2018 ----37,625.00 37,625.00 -
05/01/2019 ----37,625.00 37,625.00 -
09/30/2019 ------75,250.00
11/01/2019 ----37,625.00 37,625.00 -
05/01/2020 ----37,625.00 37,625.00 -
09/30/2020 ------75,250.00
11/01/2020 ----37,625.00 37,625.00 -
05/01/2021 ----37,625.00 37,625.00 -
09/30/2021 ------75,250.00
11/01/2021 ----37,625.00 37,625.00 -
05/01/2022 ----37,625.00 37,625.00 -
09/30/2022 ------75,250.00
11/01/2022 ----37,625.00 37,625.00 -
05/01/2023 ----37,625.00 37,625.00 -
09/30/2023 ------75,250.00
11/01/2023 ----37,625.00 37,625.00 -
05/01/2024 ----37,625.00 37,625.00 -
09/30/2024 ------75,250.00
11/01/2024 ----37,625.00 37,625.00 -
05/01/2025 ----37,625.00 37,625.00 -
09/30/2025 ------75,250.00
11/01/2025 ----37,625.00 37,625.00 -
05/01/2026 ----37,625.00 37,625.00 -
09/30/2026 ------75,250.00
11/01/2026 ----37,625.00 37,625.00 -
05/01/2027 ----37,625.00 37,625.00 -
09/30/2027 ------75,250.00
11/01/2027 ----37,625.00 37,625.00 -
05/01/2028 ----37,625.00 37,625.00 -
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 6
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service To Maturity And To Call Part 2 of 2
Date
Refunded
Bonds
Interest to
Call D/S To Call Principal Interest
Refunded
D/S Fiscal Total
09/30/2028 ------75,250.00
11/01/2028 ----37,625.00 37,625.00 -
05/01/2029 ---350,000.00 37,625.00 387,625.00 -
09/30/2029 ------425,250.00
11/01/2029 ----28,875.00 28,875.00 -
05/01/2030 ---365,000.00 28,875.00 393,875.00 -
09/30/2030 ------422,750.00
11/01/2030 ----19,750.00 19,750.00 -
05/01/2031 ---385,000.00 19,750.00 404,750.00 -
09/30/2031 ------424,500.00
11/01/2031 ----10,125.00 10,125.00 -
05/01/2032 ---405,000.00 10,125.00 415,125.00 -
09/30/2032 ------425,250.00
Total $1,880,000.00 $45,315.00 $1,925,315.00 $1,880,000.00 $1,314,925.00 $3,194,925.00 -
Yield Statistics
Base date for Avg. Life & Avg. Coupon Calculation 1/07/2014
Average Life 13.875 Years
Average Coupon 5.0408595%
Weighted Average Maturity (Par Basis) 13.875 Years
Refunding Bond Information
Refunding Dated Date 1/07/2014
Refunding Delivery Date 1/07/2014
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 7
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Operation of Current Refunding
Date Principal Rate Receipts Disbursements
Cash
Balance
01/07/2014 -----
05/01/2014 1,925,315.00 -1,925,315.00 1,925,315.00 -
Total $1,925,315.00 -$1,925,315.00 $1,925,315.00 -
Investment Parameters
Investment Model [PV, GIC, or Securities]Securities
Default investment yield target Bond Yield
Cost of Investments Purchased with Bond Proceeds 1,925,315.00
Total Cost of Investments $1,925,315.00
Target Cost of Investments at bond yield $1,903,425.04
Actual positive or (negative) arbitrage (21,889.96)
Yield to Receipt -3.92E-11
Yield for Arbitrage Purposes 3.6437444%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 8
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Escrow Summary Cost
Maturity Type Coupon Yield $ Price
Par
Amount
Principal
Cost
+Accrued
Interest = Total Cost
Escrow
05/01/2014 SLGS-CI --100.0000000%1,925,315 1,925,315.00 -1,925,315.00
Subtotal ---$1,925,315 $1,925,315.00 -$1,925,315.00
Total ---$1,925,315 $1,925,315.00 -$1,925,315.00
Escrow
Cost of Investments Purchased with Bond Proceeds 1,925,315.00
Total Cost of Investments $1,925,315.00
Delivery Date 1/07/2014
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 9
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Refunding Summary Part 1 of 2
Dated 01/07/2014 | Delivered 01/07/2014
Sources Of Funds
Par Amount of Bonds $1,980,000.00
Reoffering Premium 9,659.30
Total Sources $1,989,659.30
Uses Of Funds
Deposit to Net Cash Escrow Fund 1,925,315.00
Costs of Issuance 50,000.00
Total Underwriter's Discount (0.700%)13,860.00
Rounding Amount 484.30
Total Uses $1,989,659.30
Flow of Funds Detail
State and Local Government Series (SLGS) rates for 3/15/2013
Date of OMP Candidates
Net Cash Escrow Fund Solution Method Net Funded
Total Cost of Investments $1,925,315.00
Total Draws $1,925,315.00
Issues Refunded And Call Dates
2003 after 2011 rfd 5/01/2014
PV Analysis Summary (Net to Net)
Net PV Cashflow Savings @ 3.742%(TIC)158,328.82
Contingency or Rounding Amount 484.30
Net Present Value Benefit $158,813.12
Net PV Benefit / $1,880,000 Refunded Principal 8.448%
Net PV Benefit / $1,980,000 Refunding Principal 8.021%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 10
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Refunding Summary Part 2 of 2
Dated 01/07/2014 | Delivered 01/07/2014
Bond Statistics
Average Life 13.411 Years
Average Coupon 3.7394772%
Net Interest Cost (NIC)3.7552967%
Bond Yield for Arbitrage Purposes 3.6437444%
True Interest Cost (TIC)3.7420844%
All Inclusive Cost (AIC)3.9985637%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 11
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Presentation and Discussion of the Process for Establishing a Public Improvement
District (PID) for the Entrada Development and the Petition Submitted to
Establish a PID for Entrada.
STAFF CONTACTS: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 TBD
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
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
The owner of the development known as Entrada, located at the northeast corner of FM 1938
(Davis Blvd) and Solana Boulevard, will make a presentation regarding the process for
establishing a Public Improvement District (PID) for construction of public infrastructure in this
development as well as discuss the petition they have submitted for establishing this PID.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Previously this property was zoned for office and retail uses. In April of this year, after much
public input and meetings, the Town Council, with a unanimous recommendation from the
Planning & Zoning Commission, approved a request by the owner to amend the zoning in this
PD1-2 zoning district. Also in April of this year, prior to consideration of this zoning change
request, the land use plan component of the Town’s Comprehensive Plan was amended to
provide for the uses requested in the zoning change request for this property. The amended
zoning adds certain residential and entertainment uses in order to allow development of a mixed
use Planned Development on this tract. The zoning ordinance, as amended, is intended to
achieve a design that emulates a European style village with a Spanish architectural theme. The
development’s name is Entrada.
During the re-zoning approval process it was pointed out by Staff, as well as discussed by
Council, that if the zoning request was approved, the developer intended to submit to the Town
a petition to create a Public Improvement District (PID) to fund the construction of the public
infrastructure for this development. Further, in the Economic Development with the developer
of Entrada, the Town agreed to consider creating a PID for this purpose. This Economic
Development Agreement also was approved by the Town Council in April of this year.
This agenda item is intended for the developer and his team to provide the Town Council with
information on PID’s in general as well as the specific process and timeline for establishing a
PID for the Entrada development. With the Development Plan for Entrada coming forward to
Town Council for consideration for approval, the developer is ready to move forward on
establishment of a PID for this property.
ATTACHMENTS
1. Information on Public Improvement Districts (PID’s) in general, as well as the petition
recently submitted by the developer, to establish a PID for the Entrada property
(Delivered under separate cover).
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Workshop – Discussion Item
Meeting – Consent Agenda
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Discussion and Consideration of Resolution 13-31, Completing
Appointments to the Comprehensive Plan Review and Update Steering
Committee
STAFF CONTACT: Tom Brymer, Town Manager
Decision Points
Start Date Completion Date
Timeframe: September 16, 2013 October 28, 2013 (Note: this is for
appointment of the Steering Committee)
Funding: Amount - $338,950 Status- Funded Source - General Fund
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance Customer Focus CF. Promote Best Practice Policy
Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Page 2 of 3
EXECUTIVE SUMMARY
Reviewing and updating the Town’s existing 1992 Comprehensive Plan (Comp Plan) has been
identified as a Town Council priority. The existing Comprehensive Plan has not had a thorough,
holistic review for possible updating since it was adopted, with the exception of changes to the
land use plan portion of the Comp Plan that were made to reflect previous zoning decisions. As
a point of comparison, in municipalities located in high growth areas like ours, it would be
customary to perform a holistic review and update of the comprehensive plan at least once over a
twenty (20) year time frame. At the August 26, 2013 Regular Meeting, the Town Council
retained MESA Planning as the Planning Consultant to assist the Town in the review and update
of its 1992 Comprehensive Plan
It is important to note that this proposed review and update of the Town’s Comp Plan
utilizes an extensive public participation component through the use of a task force/steering
committee appointed by the Town Council. This public involvement process helps to attain
transparency in the process of reviewing the plan and insures input from the community’s
various stakeholder groups in the Comp Plan’s updated content.
The Role of the Steering Committee: The Westlake Comprehensive Plan Steering Committee
is a central link between the on-going work of the Planning Consultant and the public input that
informs that work. The Steering Committee assures the Town that key public concerns are heard
by the consultant and addressed in the process of plan formulation. As the planning moves
toward finalization, adoption, and application, the Steering Committee emerges as a leadership
that:
• Speaks to adoption of the plan when brought to the Planning Commission and Council
(as the product of a process of community participation)
• Observes and advocates for application of the plan in the on-going decision processes of
governance
• Advises as to the meaning of the plan in areas where such understanding is needed (using
their participation in the Plan Process as a basis for such clarification)
Characteristics of the Steering Committee: Staff and our planning consultant recommend that
the Town Council recruit and appoint community members, land owners, residents, business
people, and other key stakeholders across the Town to this Steering Committee. Further, Staff
recommends that the size of the working group be no more than 12 persons, appointed to the
Committee by the Council. It is also recommended that the Steering Committee have one
chairperson.
Update from September 16, 2013 Town Council Regular Meeting: At this meeting the
Council made some appointments to the Steering Committee on Resolution 13-28 as follows:
Darrell Johnson, Paul Beachamp (pending acceptance), Greg Goble, Joe Schneider (pending
acceptance, note- Mr. Schneider accepted), Alesa Belvedere, Mehrdad Mooayedi or a
representative, Roland Arthur, (pending acceptance). Staff will report on some
recommendations at this workshop meeting about some additional members that the
Council might want to consider placing on this Committee.
Page 3 of 3
Further appointments are needed if Council wishes to make this group 9-12 in size (including a
Town Council liaison), which is the size recommended by Staff. Consequently, this item has
been scheduled for discussion of additional appointments at the workshop. A resolution is on the
regular meeting agenda to appoint remaining members of this Steering Committee.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends a Steering Committee membership of 9-12 members which would include a
chair person and a member of the Town Council to serve as a liaison between the Steering
Committee and Town Council.
ATTACHMENTS
1. Resolution 13-28, approved September 16, 2013
2. Resolution 13-31
3. Resolution 13-31, Exhibit A-Job description for Members of Comprehensive Plan Update
Steering Committee
Resolution 13-31
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, COMPLETING APPOINNTMENT OF THE COMPREHENSIVE PLAN
REVIEW & UPDATE STEERING COMMITTEE.
WHEREAS, the Town Council recognizes the importance of citizen engagement and
involvement as a critical component to the Town’s efforts to review and update its existing
Comprehensive Plan; and,
WHEREAS, the Westlake Town Council has identified as a priority the review and
update of the 1992 Comprehensive Plan and has retained the services of a Planning Consultant
to assist the Town’s efforts in the review process; and,
WHEREAS, to provide for citizen engagement and involvement during this important
process, the Town Council wishes to create and appoint a Comprehensive Plan Steering
Committee to serve as a central link between the on-going work of the Planning Consultant and
the public input that informs that work; and,
WHEREAS, the Town Council intends for the Comprehensive Plan Steering Committee
to represent a cross section of the Town of Westlake and, as such, the Committee will be
constituted of stakeholders including land owners, residents, business people, and other key
Town of Westlake stakeholders; and,
WHEREAS, The Comprehensive Plan Steering Committee is intended to assure the
Town that key public concerns are heard by the Planning Consultant and addressed in the
process of plan review and formulation and the Town Council Appointed Some Members to this
Committee at its September 16, 2013 Regular Meeting and Wishes to Complete These
Appointments; 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 appointed the following
persons to the Comprehensive Plan Update Steering Committee at the Council’s September 16,
2013 Regular Meeting and approved Resolution 13-28 as follows:
Darrell Johnson Paul Beauchamp (pending acceptance)
Resolution 13-31
Page 2 of 2
Greg Goble Joe Schneider
Alesa Belvedere Roland Arthur, (pending acceptance)
Mehrdad Moayedi or a representative
SECTION 3: That the Town of the Westlake Town Council wishes to complete the
appointment of remaining members of the Comprehensive Plan Update Steering Committee as
follows:
NAMES TO BE INSERTED
SECTION 4: That, the Town Council approves the attached Exhibit “A” as a part of this
resolution providing a general description of the scope and duties of this Steering Committee as
it works with the Town’s Planning Consultant on the update and review of the Town’s 1992
Comprehensive Plan.
SECTION 5: 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 6: That, this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kelly Edwards, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
Page 1 of 2
FORGING THE FUTURE: WESTLAKE COMPREHENSIVE PLAN UPDATE STEERING COMMITTEE JOB
DESCRIPTION
The Role of the Steering Committee: The Westlake Comprehensive Plan Steering Committee is a central
link between the on-going work of the Planning Consultant and the Public Input that informs that work.
The Steering Committee assures the City that key public concerns are heard by the consultant and
addressed in the process of plan formulation. As the planning process moves toward finalization,
adoption, and application; the Steering Committee emerges as a leadership that:
• Speaks to adoption of the plan when brought to the Commission and Council (as the product of
a process of community participation)
• Observes and advocates for application of the plan in the on-going decision processes of
governance
• Advises as to the meaning of the plan in areas where such understanding is needed (using their
participation in the Plan Process as a basis for such clarification)
Characteristics of the Steering Committee: Efforts will be made to recruit community members, land
owners, residents, business people, and other key stakeholders across the Town of Westlake. The size
of the working group will be no more than 12 persons, appointed to the Steering Committee by the
Town Council. The working group will have one chairperson.
Responsibilities of the Steering Committee Member: In order to fulfill the above described role, each
member of the Steering Committee is an active participant in the planning process with the following
responsibilities:
• Steering Committee members will be asked to speak in behalf of the Comprehensive Plan as it
moves toward completion.
• Steering Committee members will be asked to lead discussion groups during the public
participation process
• Steering Committee members will be asked to review materials to be presented to pubic
workshops.
• Steering Committee members will be asked to clarify public input received.
• More specifically, members of the Steering Committee will:
o Attend the Kick-off meeting with the consultant Planning Team to become familiar with
the scope of work, the planning process, and the general materials that the plan must
address.
Page 2 of 2
o Attend three pre-public workshop work sessions to become familiar with the
consultant’s work to date, review material to be presented at each of the public
workshops, comment on the workshop materials, collaborate with the consultant as to
the sequence of workshop events, understand the Committee Members’ role in each
workshop, and strategize with the consultant as to how attendance can be maximized.
o Attend each of the three public workshops, performing the following workshop
activities:
Workshop #1: Goals and Objectives
Leading breakout group sessions and document key points of discussion on a
flip chart
Presenting the key ideas, suggestions, comments, concerns identified during the
break-out group to the full body of participants (assembled after the break-out
group discussions are completed)
Help the Consultant team understand the input received
Workshop #2: Planning Framework
Same as above
Public Workshop #3: Putting It All Together (Town hall Session)
Monitor one of the Plan Component Stations (such as a land use station) set up
for the public review as they walk among all stations
Answer questions posed by participants
Document further key inputs
o Attend a post workshop/ pre-report submittal work session to review the final plan
components, public input received at Workshop #3, and strategize regarding plan
adoption
o Attend Public Hearings during the process of plan consideration and adoption.
Members of the Steering Committee will lead the presentation by introduction and
closing statements.
o Help launch/ establish a planning advisory committee that will be an on-going link
between the plan process and plan application over time.
Time Commitments: It is anticipated that a minimum of 20 hours will be devoted to meetings over the 9
month duration of the plan process.
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Westlake Academy Facility Expansion
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Workshop Item # 5 –
Executive Session
Town of Westlake
Workshop Item # 6 –
Reconvene Meeting
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Westlake Academy Facility Expansion
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Workshop Item # 7 –
Take any Necessary
Action, if needed
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Workshop Item #8-
Council Recap /
Staff Direction
Town of Westlake
Workshop Item # 9-
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.
Proclamation recognizing November 4 - November 8, 2013, as Municipal Court Week.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
Whereas: The Municipal Court of Westlake, Texas, a time honored and vital part of local
government has existed since, January 1, 2002, and
Whereas: More people, citizens and non-citizens alike, come in personal contact with
municipal courts than all other Texas courts combined, and
Whereas: Public impression of the entire Texas judicial system is largel y dependent upon
the public’s experience in municipal court, and
Whereas: The Municipal Courts play a significant role in preserving the qualit y of life in
Texas communities through the adjudication of traffic offenses, ensuring a high level of traffic
safet y for our citizens,
Whereas: The Municipal Courts serve as the local justice center for the enforcement of
local ordinances and fine-only state offenses that protect the peace and dignit y of our
community,
Whereas: I, Laura Wheat, Mayor of the Town of Westlake, do hereby recognize the week
of November 4 - November 8, 2013, as Municipal Court Week,
and further extend appreciation to our Municipal Judges and court support personnel
Brad Bradley, Municipal Court Judge Eric Ransleben, Municipal Court Judge (Alternate)
Sharon Wilson, Court Supervisor Martha Solis, Deputy Court Clerk
Vickie Brown, Deputy Court Clerk Troy Crow, Town Marshal
for the vital services they perform and their exemplary dedication to our community. I call upon
all residents of Westlake to join with the Town Council in recognizing the vital service the y
perform and their exemplary dedication.
Executed this 28th day of October, 2013.
____________________________________
Laura Wheat, Mayor
Town of Westlake
Proclamation
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 September 9, 2013, meeting.
b. Consider approval of the minutes from the September 16, 2013, meeting.
c. Consider approval of the minutes from the October 7, 2013, meeting.
d. Consider approval of Ordinance 716, Atmos Energy Corp., Mid-Tex
Division regarding the company’s 2013 Annual Rate Review Mechanism
filing.
e. Consider approval of Ordinance 717, Amending the Town of Westlake
Code Of Ordinances, Chapter 38, Article II, Fire Prevention, Section 38-31;
Adoption of the 2012 Fire Code.
f. Consider approval of Resolution 13-29, Approving TxDot Change Order
3.
g. Consider approval of Resolution 13-30, Awarding the Bid to C. Green
Scaping, LP for the FM 1938 Phase 3 Streetscape enhancement project.
h. Consider approval of Resolution 13-31, Appointments of
Comprehensive Plan steering committee members.
i. Consideration approval of Ordinance 718, 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”.
Town of Westlake
Item # 3 –
Discussion of
Consent items
Town Council Minutes
09/09/13
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
September 9, 2013
PRESENT: Mayor Laura Wheat, Council Members Michael Barrett, Clif Cox, Carol Langdon,
and Wayne Stoltenberg.
ABSENT: Rick Rennhack
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, and Finance
Director Debbie Piper.
Special Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 6:54 p.m.
2. EXECUTIVE SESSION
The Council convened into executive session at 6:54 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.072: Deliberation Regarding Real Property – to deliberate the
purchase, exchange, lease or value of real property.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
3. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 9:28 p.m.
Town Council Minutes
09/09/13
Page 2 of 2
4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
5. ADJOURNMENT
There being no further business before the Mayor Wheat asked for a motion to adjourn
the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Stoltenberg seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:28 p.m.
APPROVED BY THE TOWN COUNCIL ON OCTOBER 28, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
09/16/13
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
September 16, 2013
PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, Carol Langdon, Rick
Rennhack and Wayne Stoltenberg. Michael Barrett arrived at 7:01 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Town Attorney
Stan Lowry, Finance Director Debbie Piper, Assistant to the Town
Manager Ben Nibarger, Planning and Development Director Eddie
Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief
Richard Whitten, Director of Public Works Jarrod Greenwood,
Communications & Community Affairs Director Ginger Awtry,
Public Works Director Jarrod Greenwood, Information Technology
Director Jason Power, Human Resources and Administration
Services Director Todd Wood and Special Projects Coordinator,
John Zagurski.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:16 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
Town Council Minutes
09/16/13
Page 2 of 6
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE SEPTEMBER 16, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA.
Discussion ensued regarding item f Capital Improvement Plan proposed projects in Wyck
Hill, lighting and park equipment in Glen Wyck Park, and trail improvements.
4. DISCUSSION ITEMS
a. Balance scorecard strategy mapping review.
Assistant Town Manager DeGan provided a presentation and overview of the
Balanced Scored discussions, proposed tag line, and reviewed the Mission and
Vision statements.
Each team provided an overview of the Theme Team tier 1 objectives and
provided a description.
b. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections.
Facilities and Recreation Director Meyer stated that piers have been installed and
construction will begin on the field house.
5. COUNCIL RECAP / STAFF DIRECTION
Prepare revisions as discussed to the Balanced Scorecard documents.
Revise the wording in the CIP to reflect General Park improvements.
6. ADJOURNMENT
Mayor Wheat adjourned the workshop at 6:15 p.m.
Town Council Minutes
09/16/13
Page 3 of 6
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 6:33 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
No one addressed the Council.
3. CONSENT AGENDA
a. Consider approval of the minutes from the August 26, 2013, meeting
b. Consider approval of Ordinance 709, Amending Chapter 26, Community
Development, Article II Unified Development Code, Division 2 Authority;
Administrative Procedures, Sec. 26-67(A), Planning and Zoning Commission;
Providing for the addition of an “Second Alternate Member” of the Planning and
Zoning Commission.
c. Consider approval of Resolution 13-26, Appointing a new member and
Alternate 1 and 2 members to the Planning and Zoning Commission.
d. Consider approval of Ordinance 710, Amending Chapter 2, Administration,
Article IV Records Management.
e. Consider approval of Ordinance 711, Amending Chapter 18 Adopting 2012
Editions of the International Building Code (IBC), International Residential Code
(IRC), International Energy Conservation Code (IECC), International Fuel Gas
Code (IFGC), International Mechanical Code (IMC), International Plumbing Code
(IPC), and the 2011 Edition of the National Electrical Code (NEC), along with
amendments for each code.
f. Consider approval of Ordinance 712, Adopting Fiscal Year 2013-2018 Capital
Improvement Plan.
g. Consider approval of Ordinance 713, Adopting a Town Limit Boundary map.
MOTION: Council Member Cox made a motion to approve the consent
agenda. Council Member Langdon seconded the motion. The
motion carried by a vote of 4-0.
4. CONSIDER APPROVAL OF RESOLUTION 13-27, REGARDING THE MARRIOTT
SOLANA INCENTIVE AGREEMENT.
Finance Director Piper introduced Mr. Todd Winch, General Manager, of the Marriott
Solana.
Town Council Minutes
09/16/13
Page 4 of 6
Mr. Winch provided an presentation and overview of the 2012 occupancy levels and
proposed that the incentive program booking be revised to allow a minimum of
$10,000.00 in room revenue be considered up to a maximum of $5,000.00
Discussion ensued regarding the 2012 group bookings, if the incentive should be attached
to food and beverage, and the marketing material promoting the Town.
MOTION: Council Member Stoltenberg made a motion to approve Resolution
13-27. Council Member Langdon seconded the motion. The
motion carried by a vote of 4-0.
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 714,
REVISING THE BUDGET FOR THE 2012-2013 FISCAL YEAR; ADOPTING THE
BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 INCLUDING
INVESTMENT POLICY, FISCAL AND BUDGETARY POLICIES, COMMITTED AND
ASSIGNED FUND BALANCES; PROVIDING AUTHORIZATION TO THE TOWN
MANGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000.
Finance Director Piper provided a presentation and overview of the proposed budget.
Mayor Wheat opened the public hearing
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Cox made a motion to approve Ordinance 714.
Council Member Stoltenberg seconded the motion. The motion
carried by a vote of 4-0.
For: Cox, Langdon, Rennhack, and Stoltenberg
Against: None
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 715, LEVYING TAXES TO
BE ASSESSED ON ALL TAXABLE PROPERTIES WITHIN THE TOWN LIMITS OF
THE TOWN OF WESTLAKE FOR THE TAX YEAR 2013 (FISCAL YEAR 2013-2014).
Director Piper provided an overview of property tax allocation and noted there were no
changes from last year.
MOTION: Council Member Rennhack made a motion to approve Ordinance
715. Council Member Langdon seconded the motion. The motion
carried by a vote of 4-0.
Town Council Minutes
09/16/13
Page 5 of 6
7. CONSIDERATION AND DISCUSSION OF RESOLUTION 13-28, APPOINTING
MEMBERS TO THE COMPREHENSIVE PLANNING STEERING COMMITTEE.
Town Manager Brymer provided an overview of the item.
Mayor Wheat recommended the following list of candidates: Darrell Johnson, Paul
Beauchamp (pending acceptance), Greg Goble, Joe Schneider (pending acceptance), Alesa
Belvedere, Mehrdad Moayedi or a representative, and Roland Arthur, (pending
acceptance)
MOTION: Council Member Rennhack made a motion to approve Resolution
13-28. Council Member Cox seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat recessed the meeting at 7:02 p.m., to convene the Special School Board
meeting.
Mayor Wheat reconvened the meeting at 7:14 p.m.
8. EXECUTIVE SESSION
The Council convened into Executive Session at 7:14 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Texas Student Housing vs. Brazos County Appraisal District and
Appraisal Review Board for Brazos County Appraisal District
Town Council Minutes
09/16/13
Page 6 of 6
9. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 8:51 p.m.
10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
11. FUTURE AGENDA ITEMS
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 5-0.
Mayor Wheat adjourned the meeting at 8:52 p.m.
APPROVED BY THE TOWN COUNCIL ON OCTOBER 28, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
10/07/13
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL & PLANNING AND ZONING COMMISSION
WORKSHOP
October 7, 2013
PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Clif Cox, Carol
Langdon, David Levitan and Rick Rennhack.
PRESENT: Planning and Zoning Chairman Bill Greenwood and Planning & Zoning
Commissioners Allen Heath, Walter Copeland, and Alesa Belvedere, Alternate
members Sharon Sanden and Ryan Groce.
ABSENT: Commissioner Tim Brittan
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Finance Director Debbie Piper, Planning and Development Director
Eddie Edwards, Facilities and Recreation Director Troy Meyer,
Public Works Jarrod Greenwood, WA Administrative Coordinator
Ben Nibarger, and IT Director Jason Power.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 7:09 p.m.
Town Council Minutes
10/07/12
Page 2 of 2
2. PRESENTATION AND DISCUSSION OF THE ENTRADA DEVELOPMENT PLAN AND
PRELIMINARY PLAT AS WELL AS THE SITE PLAN FOR THE PORTION OF THE
DEVELOPMENT WHERE THE SALES OFFICE WOULD BE LOCATED. THE ENTRADA
PLANNED DEVELOPMENT IS AN 85 ACRE PARCEL OF LAND GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAY
114 AND DAVIS BOULEVARD. (NO ACTION WILL BE TAKEN)
Town Manager Brymer provided an overview of the proposed development.
Mr. Jeff Blackard provided a presentation and overview of the Entrada development.
Discussion ensued regarding the location of proposed structures, phasing of construction,
and the development plan approval process.
3. DISCUSSION REGARDING THE STATUS OF THE GRANDA DEVELOPMENT.
Town Manager Brymer provided an overview and status of the phase one construction.
Phase one of the project will include approximately forty-one (41) lots. The sales office
proposed in the Entrada development will also be used for sales in the Granada
subdivision.
4. DISCUSSION REGARDING THE STATUS OF THE COMPREHENSIVE PLAN
REVIEW AND UPDATE.
Town Manager Brymer provided an update of the planning process.
5. ADJOURNMENT
There being no further business before the boards, Mayor Wheat and Chairman
Greenwood adjourned the workshop at 9:01 p.m.
APPROVED BY THE TOWN COUNCIL ON OCTOBER 28, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Consideration of an Ordinance Approving and Adopting A Rate Schedule “RRM-
Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex Division as
Recommended by the Atmos Cities’ Steering Committee’s Executive Committee.
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 October 28, 2013
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
Page 2 of 3
EXECUTIVE SUMMARY
Atmos Energy has filed for a $22.7 million system-wide rate increase. The Atmos Cities’
Steering Committee, of which Westlake is a member, has reviewed this increase according to the
RRM process agreed to by the Atmos Cities and Atmos Energy earlier this year. The ACSC is
recommending approving a rate tariff that provides for a $16. 6 million revenue increase system-
wide.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The Town of Westlake, along with 164 other cities served by Atmos Energy Corporation,
Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC” or “Steering Committee”). In 2007, ACSC and Atmos Mid-Tex agreed to
implement an annual rate review mechanism for Atmos Mid-Tex, known as the Rate Review
Mechanism (“RRM”), as a temporary replacement for the statutory mechanism known as GRIP
(the “Gas Reliability Infrastructure Program”). This first RRM tariff expired in 2011, but the
ACSC negotiated with Atmos Energy to reinstate the RRM process earlier this year. The
Westlake Town Council approved by ordinance use of the RRM process at its June 17, 2013
meeting.
On or about July 15, 2013, Atmos Mid-Tex filed with the Town an application to
increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff
renewed by the Town in 2013 as a continuation and refinement of the previous RRM rate
review process. This is the first annual RRM filing under the renewed RRM tariff.
This latest Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system-
wide based on an alleged test-year cost of service revenue deficiency of $25.7 million. The
Town worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to
support its request to increase rates. The Ordinance and attached rate tariffs are the result of
negotiations between ACSC and the Company to resolve issues raised by ACSC during the
review and evaluation of Atmos Mid-Tex’s RRM filing.
The Ordinance resolves the Company’s RRM filing by authorizing additional
revenues to the Company of $16.6 million system-wide. For purposes of comparison, this
negotiated result is about $11 million less than what ACSC’s consultants calculated that Atmos
would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure
Program (“GRIP”) rather than an RRM case. The settlement is expected to increase the average
residential customer’s bill by approximately $0.74 per month. An Average Bill Comparison of
base rates has been prepared for residential, commercial, industrial, and transportation
customers.
The ACSC Executive Committee and ACSC legal counsel recommend that all
ACSC Cities adopt the Ordinance implementing the rate change. Town Staff recommends
approval as well.
0T
Page 3 of 3
ATTACHMENTS
1. Staff Report 2.) Ordinance Adopting RRM Tariff 3.) Attachment “A” to Ordinance-
RRM Rate Schedule
4166249.1 1
MODEL STAFF REPORT
The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). On or about July 15, 2013, Atmos Mid-Tex filed with the City an
application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff
renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review
process. This is the first annual RRM filing under the renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system-wide based
on an alleged test-year cost of service revenue deficiency of $25.7 million. The City worked
with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its
request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations
between ACSC and the Company to resolve issues raised by ACSC during the review and
evaluation of Atmos Mid-Tex’s RRM filing.
The Ordinance resolves the Company’s RRM filing by authorizing additional revenues to
the Company of $16.6 million system -wide. For purposes of comparison, this negotiated result
is about $11 million less than what ACSC’s consultants calculated that Atmos would have been
entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program (“GRIP”)
rather than an RRM case. The settlement is expected to increase the average residential
customer’s bill by approximately $0.74 per month. An Average Bill Comparison of base rates
has been prepared for residential, commercial, industrial, and transportation customers.
The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC
Cities adopt the Ordinance implementing the rate change.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement
agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years.
Atmos Mid-Tex’s July 2013 filing was made pursuant to the renewed RRM tariff.
The RRM tariff and the process implementing that tariff were created collaboratively by
ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge
process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow
any review of the reasonableness of Atmos’ expenditures, and does not allow participation by
cities or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual adjustment as a substitute for GRIP filings.
ACSC’s consultants have calculated that had Atmos filed under the GRIP provisions, it would
have received additional revenues from ratepayers in excess of $28 million.
Purpose of the Ordinance:
Rates cannot change without the adoption of rate ordinances by cities. No related matter
is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates
4166249.1 2
(shown on “Attachment A” to the Ordinance) that reflect the negotiated rate changes pursuant to
the RRM process and to ratify the recommendation of the ACSC Executive Committee. Please
make sure that the tariffs are attached when the Ordinance is passed by the City Council.
As a result of the negotiations, ACSC was able to reduce the Company’s requested $22.7
million RRM increase to $16.6 million. Approval of the Ordinance will result in the
implementation of new rates that increase Atmos Mid-Tex’s revenues effective November 1,
2013.
Reasons Justifying Approval of the Negotiated Resolution:
Consultants working on behalf of ACSC Cities have investigated the support for the
Company’s requested rate increase. While the evidence does not support the $22.7 million
increase requested by the Company, ACSC’s consultants agree that the Company can justify an
increase in revenues of some lesser amount. The agreement on $16.6 million is a compromise
between the positions of the parties.
The alternative to a resolution of the RRM filing would be a GRIP filing by the
Company, based upon the Railroad Commission’s decision in the 2012 rate case. A GRIP filing
would entitle the Company to receive more than $28 million in additional revenues, with ACSC
being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive
Committee recommends that ACSC members take action to approve the Ordinance authorizing
new rate tariffs.
No Changes to Residential Customer Charges:
For the first annual filing under the revised RRM tariff, the Company agreed to forgo any
change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing
will not increase the residential customer charge, and the entirety of the increase to the
residential class will be applied to the commodity (natural gas consumption) component of rates.
Explanation of “Be It Ordained” Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds
the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note
that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing
tariffs not being changed in any way are not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable ratemaking
costs associated with reviewing and processing the RRM application.
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
4166249.1 3
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
7. This section is a “most favored nations” clause. It provides that if the Company
settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities
(including the City) will automatically receive the benefit of those better terms.
8. This section provides for an effective date upon passage.
9. This paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
Ordinance 716
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 716
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING
COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE
COMPANY’S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES
EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE
SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE
COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES;
REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT
THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN
EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING
COMMITTEE’S LEGAL COUNSEL.
WHEREAS, the Town of Westlake, Texas (“Town”) is a gas utility customer of Atmos Energy
Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest
in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have joined
together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos
Mid-Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007 Statement of
Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review
Mechanism (“RRM”) tariff that allows for an expedited rate review process controlled in a three-year
experiment by ACSC Cities as a substitute to the current Gas Reliability Infrastructure Program (“GRIP”)
process instituted by the Legislature; and
WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with Atmos Mid-
Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff process
for an additional five years; and
WHEREAS, the Town passed an ordinance renewing the RRM tariff process for the Town for an
additional five years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities’ reasonable
expenses associated with RRM applications; and
WHEREAS, on or about July 15, 2013, the Company filed with the Town its first annual RRM
filing under the renewed RRM tariff, requesting to increase natural gas base rates by $22.7 million; and
Ordinance 716
Page 2 of 3
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing through its
Executive Committee, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC
in the Company’s RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve the attached rate tariffs (“Attachment A” to this Ordinance), which
will increase the Company’s revenues by $16.6 million; and
WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated
resolution reached by ACSC Cities and are just, reasonable, and in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the findings set forth in this Ordinance are hereby in all things approved.
SECTION 2: That the Town Council finds the existing rates for natural gas service provided by
Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as
Attachment A, are just and reasonable and are hereby adopted.
SECTION 3: That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the
ACSC Cities in processing the Company’s RRM application.
SECTION 4: That to the extent any resolution or ordinance previously adopted by the Council is
inconsistent with this Ordinance, it is hereby repealed.
SECTION 5: That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
SECTION 6: That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions
of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending
section or clause never existed.
SECTION 7: That if ACSC determines any rates, revenues, terms and conditions, or benefits
resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing
the issues raised in Atmos’ 2013 RRM filing would be more beneficial to the ACSC Cities than the terms
of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall
additionally and automatically accrue to the ACSC Cities, including the Town, without the need for Town
to take any further action. If this automatic adjustment occurs, Atmos Mid-Tex shall promptly thereafter
file with the Town an amended tariff documenting the adjustment to rates.
SECTION 8: That this Ordinance shall become effective from and after its passage with rates
authorized by attached tariffs to be effective for bills rendered on or after November 1, 2013.
SECTION 9: That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite
1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle
& Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
Ordinance 716
Page 3 of 3
SECTION 10: It is hereby declared to be the intention of the Town Council of the Town of
Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of
the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or
unconstitutional, phrase, sentence, paragraph or section.
SECTION 11: This ordinance shall take effect immediately from and after its passage as the law
in such case provides.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER 2013.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, September 16, 2013
TOPIC: Consider an ordinance adopting 2012 Editions of the International Fire
Code (IFC), along with amendments.
STAFF CONTACT: Richard Whitten, Fire Chief
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 October 28, 2013
Funding: Amount- None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Operational
Processes
CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
The Town of Westlake is currently under the 2006 International Fire Code (IFC) as amended.
Every three years, the International Code Congress addresses code issues and proposes updates.
Part of the update process involves input from various organizations – both public and private –
as well as comments from experts in their respected fields and from the public. Once the code is
updated and published, local governments review, amend, and adopt the code. In the North
Texas Region this is taken a step further by the North Central Texas Council of Governments
(NCTCOG) which coordinates committees of local officials and industry professionals who
review the code and recommend regional amendments.
The amendments being proposed with this code are a combination of recommendations of the
NCTCOG committees and Westlake specific amendments to address concerns related to our
unique development opportunities and concerns. Adoption of the 2012 International Fire Code
will benefit the Town in several ways. The Fire Code Effectiveness Grading Schedule, issued by
the Insurance Services Office as an insurance underwriting tool, is greatly impacted by the
timely adoption of the latest editions of the codes, and Westlake currently has a Grading
Classification of 4. From a practical standpoint, the adoption of codes and amendments that are
similar to those adopted by neighboring cities helps contractors by allowing consistency in the
design, estimation, and installation phases of development, and allows training for continuing
education to be focused on the same editions of the codes.
There are not any major changes from the 2006 IFC. Most of the 2012 IFC changes actually
upgraded to what our current amendments were already covering which led to the reduction of
amendments.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval of this ordinance.
ATTACHMENTS
Ordinance
Ordinance 717
Page 1 of 36
TOWN OF WESTLAKE
ORDINANCE NO. 717
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER 38,
ARTICLE II, FIRE PREVENTION OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE
CODE, WITH AMENDMENTS TO SAID CODE; PROVIDING A PENALTY
CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter
adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS the Town Council of the Town of Westlake, Texas, finds it to be in the
best interest of the citizens, businesses and property owners in the Town of Westlake, to adopt
the 2012 edition of the International Fire Code to provide for the safety of the citizens and
visitors of Westlake; and
WHEREAS, upon the recommendation of the Westlake Fire Chief, the Town Council
of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and
its citizens that certain amendments to the International Fire Code that address concerns
unique to the development within the Town of Westlake, be approved and adopted along with
the adoption of the proposed code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary
to amend certain sections of the Code of Ordinances relative to the administration of these
codes and the collection of fees for permitting, plan review, and inspection services.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the Recitals are found to be true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2: That the following sections of Chapter 38 of the Code of Ordinances, are
hereby amended, to read as follows:
Chapter 38 FIRE PREVENTION AND PROTECTION
ARTICLE I. IN GENERAL
ARTICLE II. FIRE PREVENTION
Ordinance 717
Page 2 of 36
Sec. 38-31. Adoption.
The town hereby adopts the entirety of the 2012 Edition of the International Fire Code,
including the amendments to such code as attached to this ordinance. The Town of Westlake
hereby adopts the 2012 Edition of the International Fire Code, including Appendix Chapters
A, B, C, D, E, F, G, H, I and J published by the International Code Council, Inc., save and
except such portions as are deleted or amended by this ordinance, and the same are hereby
adopted and incorporated as fully as if set out at length herein.
Sec. 38-32. Permit Required.
No person shall perform any work or supply any materials falling within the jurisdiction of
one of the respective codes adopted under without first having secured a permit in accordance
with the applicable code.
Sec. 38-33 Penalty.
That any person, either by himself or agent, and any firm, corporation or other entity who
violates any of the provisions of the codes adopted in section 38-31 shall be deemed guilty of
a misdemeanor and, upon conviction of any such violation, shall be punished as provided in
section 1-9. In any case of a violation of any of the terms and provisions of the codes adopted
by the ordinance, by any corporation, the officers and agents actively in charge of the business
of such corporation shall be subject to the penalty provided in this section.
Sec. 38-34 Amendments to the 2012 International Fire Code.
The following sections, paragraphs, and sentences of the 2012 International Fire Code are
hereby amended as follows: Standard type is text from the IFC. Underlined type is text
inserted. Lined through type is deleted text from IFC. A double asterisk (**) at the beginning
of a section identifies an amendment carried over from the 2009 edition of the code and a
triple asterisk (***) identifies a new or revised amendment with the 2012 code.
Explanation of Options A and B:
Please note that as there is a wide range in firefighting philosophies / capabilities of cities
across the region, OPTION “A” and OPTION “B” are provided in the Fire and Building Code
amendments. Jurisdictions should choose one or the other based on their firefighting
philosophies / capabilities when adopting code amendments. Westlake is an option B
jurisdiction.
Section 102.1; change #3 to read as follows:
3. Existing structures, facilities and conditions when required in Chapter 11 or in specific sections
of this code.
(Reason: To clarify that there are other provisions in the fire code applicable to existing buildings that
are not located in Chapter 11, such as Section 55 Premises Identification.)
Ordinance 717
Page 3 of 36
Section 102.7; change to read as follows:
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Chapter 80, and such codes, when specifically adopted, and standards shall be
considered part of the requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections 102.7.1 and 102.7.2.
102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and
standards, the provisions of this code shall apply.
102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code and any
adopted amendments, the provisions of this code and any adopted amendments, as applicable, shall
take precedence over the provisions in the referenced code or standard.
(Reason: To be consistent with the State of Texas, other referenced codes must be specifically
adopted)
Section 105.3.3; change to read as follows:
105.3.3 Occupancy Prohibited before Approval. The building or structure shall not be occupied prior
to the fire code official issuing a permit when required and conducting associated inspections indicating
the applicable provisions of this code have been met.
(Reason: For clarity to allow for better understanding in areas not requiring such permits, such as
unincorporated areas of counties. This amendment may be struck by a city.)
Section 105.7; add Section 105.7.17 to read as follows:
105.7.17 Smoke control or exhaust systems. Construction permits are required for smoke control or
exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in
accordance with this code is not considered a modification and does not require a permit.
(Reason: Section 105.7.17 adds construction permit requirements for smoke control and exhaust
systems, which are required fire protection systems by Chapter 9 of the fire code to ensure proper
design and installation of such systems. These changes reflect local practices of municipalities in this
region.)
Section 105.7; add Section 105.7.38 to read as follows:
105.7.38 Electronic access control systems. Construction permits are required for the installation or
modification of an electronic access control system, as specified in Section 503 and Section 1008. A
separate construction permit is required for the installation or modification of a fire alarm system that
may be connected to the access control system. Maintenance performed in accordance with this code
is not considered a modification and does not require a permit.
(Reason: Section 105.7.38 adds construction permit requirements for electronic access control
systems for electric security gates and exit doors to ensure proper design and installation of such
systems. These changes reflect local practices of municipalities in this region.)
Section 202; amend and add definitions to read as follows:
Ordinance 717
Page 4 of 36
ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of providing identification
of each individual alarm-initiating device. The identification shall be in plain English and as
descriptive as possible to specifically identify the location of the device in alarm. The system shall
have the capability of alarm verification.
(Reason: To provide definitions that do not exist in the code.)
[B] AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical,
surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered
incapable of self-preservation by the services provided. This group may include but not be limited to
the following:
- Dialysis centers
- Sedation dentistry
- Surgery centers
- Colonic centers
- Psychiatric centers
(Reason: to clarify the range of uses included in the definition)
ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM. Any system
capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at
the sensing point. The physical analog may be conducted at the sensing point or at the main control
panel. The system shall be capable of compensating for long-term changes in sensor response while
maintaining a constant sensitivity. The compensation shall have a preset point at which a detector
maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of
detecting and transmitting an alarm while in maintenance alert.
(Reason: To provide definitions that do not exist in the code.)
[B] ATRIUM. An opening connecting two three or more stories… {remaining text unchanged}
(Reason: Accepted practice in the region based on legacy codes. IBC Section 1009 permits unenclosed
two story stairways under certain circumstances.)
FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a
building or portion thereof by one or more qualified individuals or standby personnel when required
by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early
signs of unwanted fire, raising an alarm of fire and notifying the fire department.
(Reason: Clearly defines options to the fire department for providing a fire watch.)
FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect
for entertainment purposes by combustion, deflagration, or detonation, and/or activated by ignition
with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G
fireworks as set forth herein. …{remainder of text unchanged}…
Ordinance 717
Page 5 of 36
(Reason: Increased safety from fireworks related injuries.)
Options B
HIGH-PILED COMBUSTIBLE STORAGE: add a second paragraph to read as follows:
Any building classified as a group S Occupancy or Speculative Building exceeding 6,000 sq.ft.
that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12
feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a
fire protection system and life safety features shall be installed as for Class IV commodities, to the
maximum pile height.
(Reason: To provide protection for worst-case scenario in flexible or unknown situations.)
Options B
HIGH-RISE BUILDING. A building with an occupied floor located more than 75 55 feet (22 860 16
764 mm) above the lowest level of fire department vehicle access.
(Reason: To provide a definition that reflects regional practices.)
REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor
vehicles. This occupancy shall also include garages involved in minor repair, modification and
servicing of motor vehicles for items such as lube changes, inspections, windshield repair or
replacement, shocks, minor part replacement and other such minor repairs.
(Reason: To further clarify types of service work allowed in a repair garage, as well as to correspond
with definition in the IBC.)
SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of
renting or leasing individual storage spaces to customers for the purpose of storing and removing
personal property on a self-service basis.
(Reason: To provide a definition that does not exist in the code.)
STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When
utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as
normally calculated by the jurisdiction.
(Reason: To provide a definition that does not exist in the code.)
Section 307.1.1; change to read as follows:
307.1.1 Prohibited open burning. Open burning shall be prohibited that is offensive or objectionable
because of smoke emissions or when atmospheric conditions or local circumstances make such fires
hazardous shall be prohibited.
Exception: {No change.}
(Reason: Maintains current local requirements based on legacy and 2009 IFC requirements.)
Ordinance 717
Page 6 of 36
Section 307.2; change to read as follows:
307.2 Permit required. A permit shall be obtained from the fire code official in accordance with
Section 105.6 prior to kindling a fire for recognized civic-cultural or range or wildlife management
practices, prevention or control of disease or pests, or open burning a bonfire. Application for such
approval shall only be presented by and permits issued to the owner of the land upon which the fire is
to be kindled.
Examples of state or local law, or regulations referenced elsewhere in this section may include but not
be limited to the following:
1. Texas Commission on Environmental Quality guidelines and/or restrictions.
2. State, County, or Local temporary or permanent bans on open burning.
3. Local written policies as established by the fire code official.
(Reason: Amendments to 307.2, 307.4, 307.4.3, and 307.5 better explain current requirements and
recognize that jurisdictions have local established policies that best fit their environments.)
Section 307.3; change to read as follows:
307.3 Extinguishment authority. When open burning creates or adds to a hazardous situation, or a
required permit for open burning has not been obtained, the fire code official is authorized to order the
extinguishment of the open burning operation. The fire code official is authorized to order the
extinguishment by the permit holder, another person responsible or the fire department of open
burning that creates or adds to a hazardous or objectionable situation.
(Reason: Maintains current local requirements based on legacy and 2009 IFC requirements.)
Section 307.4; change to read as follows:
307.4 Location. The location for open burning shall not be less than 50 300 feet (15 240 91 440 mm)
from any structure, and provisions shall be made to prevent the fire from spreading to within 50 300
feet (15 240 91 440 mm) of any structure.
Exceptions: {No change.}
(Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and
recognize that jurisdictions have local established policies that best fit their environments.)
Section 307.4.3, Exceptions: add exception #2 to read as follows:
Exceptions:
2. Where buildings, balconies and decks are protected by an approved automatic sprinkler
system.
(Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and
recognize that jurisdictions have local established policies that best fit their environments.)
Section 307.4.4 and 5; add section 307.4.4 and 307.4.5 to read as follows:
307.4.4 Permanent outdoor fire pit. Permanently installed outdoor fire pits for recreational fire
purposes shall not be installed within 10 feet of a structure. Fire pits shall be constructed of
Ordinance 717
Page 7 of 36
noncombustible materials provided with natural gas only.
307.4.5 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance
with Section 307.2.
(Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and
recognize that jurisdictions have local established policies that best fit their environments.)
Section 307.5; change to read as follows:
307.5 Attendance. Open burning, trench burns, bonfires, recreational fires, and use of potable
outdoor fireplaces shall be constantly attended until the… {remainder of section unchanged}
(Reason: Amendments to 307.2, 307.4, 307.4.3 and 307.5 better explain current requirements and
recognize that jurisdictions have local established policies that best fit their environments.)
Section 308.1.1; add sentence to read as follows:
Unmanned free-floating devices containing an open flame or other heat source, such as but not limited
to sky lanterns shall be prohibited.
(Reason: Wildland and inherent fire risk presented by allowing an airborne open flame
Section 308.1.4; change to read as follows:
308.1.4 Open-flame cooking devices. Charcoal burners and other oOpen-flame cooking devices,
charcoal grills and other similar devices used for cooking shall not be operated located or used on
combustible balconies, decks, or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. One- and two-family dwellings, except that LP-gas containers are limited to a water capacity
not greater than 50 pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity] with an
aggregate LP-gas capacity not to exceed 100 lbs (5 containers).
2. Where buildings, balconies and decks are protected by an approved automatic sprinkler
system, except that LP-gas containers are limited to a water capacity not greater than 50
pounds (22.68 kg) [nominal 20 pound (9.08 kg) LP-gas capacity], with an aggregate LP-gas
capacity not to exceed 40 lbs (2 containers).
3. {No change.}
(Reason: Decrease fire risk in multi-family dwellings and minimizes ignition sources and clarify
allowable limits for 1 & 2 family dwellings, and allow an expansion for sprinklered multi-family uses.
This amendment adds clarification and defines the container size allowed for residences.)
Section 308.1.6.2, Exception #3; change to read as follows:
Exceptions:
3. Torches or flame-producing devices in accordance with Section 308.4 308.1.3.
Ordinance 717
Page 8 of 36
(Reason: Section identified in published code is inappropriate.)
Section 311.5; change to read as follows:
311.5 Placards. Any The fire code official is authorized to require marking of any vacant or
abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code
relating to structural or interior hazards, shall be marked as required by Section 311.5.1 through
311.5.5.
(Reason: There may be situations where placarding is not desired or necessary; also clarifies intent
that it is not the fire code official’s responsibility to provide the placard.)
Section 401.9; add Section 401.9 to read as follows:
401.9 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given,
signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner.
(Reason: Places the responsibility on the business or property owner to maintain their fire alarm
systems in approved condition. Allows the enforcement of “prohibition of false alarms”. Replaces text
lost from the 1997 Code.)
Section 403.3; change Section 403.3 and add Sections 403.3.1 and 403.3.2 to read as follows:
403.3 Crowd managers. Trained crowd managers shall be provided for facilities or events where
more than 1,000 250 or more persons congregate. The minimum number of crowd managers shall be
established at a ratio of one crowd manager to every 250 persons. Where approved by the fire code
official, the ratio of crowd managers shall be permitted to be reduced where the facility is equipped
throughout with an approved automatic sprinkler system or based upon the nature of the event.
Exceptions:
1. The number of crowd managers may be reduced by up to fifty percent when, in the
opinion of the code official, the fire protection provided by the facility and the nature
of the event warrant a reduction
2. Assembly occupancies used exclusively for religious worship with an occupant load
not exceeding 1,000.
403.3.1 Training. Training for crowd managers shall be approved and shall be based upon a valid
job task analysis.
403.3.2 Duties. The duties of crowd managers shall include:
a. An inspection of the area of responsibility to identify and address any egress barriers
b. An inspection of the area of responsibility to identify and mitigate any fire hazards
c. Ensure compliance with all permit conditions, including those governing pyrotechnics and
other special effects
d. To direct and assist the event attendees in evacuation during an emergency
e. Assist emergency response personnel if requested.
f. Other duties outlined by the Fire Code Official
Ordinance 717
Page 9 of 36
g. Other duties outlined in the Emergency Plan
(Reason: The published code has no requirement for crowd managers until the occupant load in a
public assembly reaches 1,000, then the code requires five trained crowd managers for an occupant
load of 1001. Smaller venues sometimes place the public at greater risk than large ones for many
reasons, including the fact that larger facilities have greater requirements for other fire protection
features. The formatting change to place the potential reduction in the number of crowd managers in
an exception is editorial; the exception was also changed to limit the reduction to half of the required
number of crowd managers. The published code requires “trained crowd managers”, but doesn’t
provide any guidance or describe what that training should entail. This has been an ongoing issue for
enforcement personnel.)
Section 501.4; change to read as follows:
501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection
is required to be installed for any structure or development, they shall be installed, tested, and
approved prior to the time of which construction has progressed beyond completion of the foundation
of any structure. , such protection shall be installed and made serviceable prior to and during the time
of construction except when approved alternative methods of protection are provided. Temporary
street signs shall be installed at each street intersection when construction of new roadways allows
passage by vehicles in accordance with Section 505.2.
(Reason: Reflects current practice in the region relative to ensuring fire department and EMS access
during construction, which can be a time of increased frequency for emergency incidents.)
Section 503.1.1; add sentence to read as follows:
Except for one- or two-family dwellings, the path of measurement shall be along a minimum of a ten
feet (10’) wide unobstructed pathway around the external walls of the structure.
(Reason: Recognizes that the hose lay provision can only be measured along a pathway that is wide
enough for fire fighter access.)
Section 503.2.1; change to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20
24 feet (6096 mm 7315 mm), exclusive of shoulders, except for approved security gates in accordance
with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm)
14 feet (4267 mm).
Exception: Vertical clearance may be reduced; provided such reduction does not impair access by
fire apparatus and approved signs are installed and maintained indicating the established vertical
clearance when approved.
(Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in firefighting is
increasing in size. The code already recognizes that larger dimensions may be required under Section
503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire
apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.)
Section 503.2.2; change to read as follows:
Ordinance 717
Page 10 of 36
503.2.2 Authority. The fire code official shall have the authority to require an increase in the
minimum access widths and vertical clearances where they are inadequate for fire or rescue
operations.
(Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in fire fighting is
increasing in size. The code already recognizes that larger dimensions may be required under Section
503.2.2. The amendments are to standardize the dimensions for this area. With the increase in fire
apparatus size, this will allow for the passage of two fire apparatus during a fire or EMS emergency.)
Section 503.3; change to read as follows:
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or
markings that include the words NO PARKING – FIRE LANE Striping, signs, or other markings,
when approved by the fire code official, shall be provided for fire apparatus access roads to identify
such roads or prohibit the obstruction thereof. The means by which fire lanes are designated Striping,
signs and other markings shall be maintained in a clean and legible condition at all times and be
replaced or repaired when necessary to provide adequate visibility.
(1) Striping – Fire apparatus access roads shall be continuously marked by painted lines of red
traffic paint six inches (6”) in width to show the boundaries of the lane. The words “NO
PARKING FIRE LANE” or "FIRE LANE NO PARKING” shall appear in four inch (4”) white
letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a
curb is available, the striping shall be on the vertical face of the curb.
(2) Signs – Signs shall read “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” and
shall be 12” wide and 38” high. Signs shall be painted on a white background with letters and
borders in red, using not less than 2” lettering. Signs shall be permanently affixed to a stationary
post and the bottom of the sign shall be six feet, six inches (6’6”) above finished grade. Signs
shall be spaced not more than fifty feet (50’) apart along both sides of the fire lane. Signs may be
installed on permanent buildings or walls or as approved by the Fire Chief.
(Reason: Establishes a standard method of marking and reflects local long-standing practices.)
Section 503.4; change to read as follows:
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be
obstructed in any manner, including the parking of vehicles. The minimum widths and clearances
established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be
maintained at all times.
(Reason: As originally worded, the section implied that vehicles could be parked in the marked fire
lane and not be in violation if the minimum width is still maintained. Current accepted enforcement
practice is to require the entire marked fire lane to be maintained clear and unobstructed.)
Section 505.1; change to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers,
building numbers or approved building identification(i.e. Suite numbers/Letters) placed in a position
that is plainly legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Where required by the fire code official, address numbers shall be
provided in additional approved locations to facilitate emergency response. Address numbers shall be
Ordinance 717
Page 11 of 36
Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) 6 inches
(152.4 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a
private road, buildings do not immediately front a street, and/or the building cannot be viewed from
the public way, a monument, pole or other sign with approved 6 inch (152.4 mm) height building
numerals or addresses and 4 inch (101.6 mm) height suite/apartment numerals of a color contrasting
with the background of the building or other approved means shall be used to identify the structure.
Numerals or addresses shall be posted on a minimum 20 inch (508 mm) by 30 inch (762 mm)
background on border. Address and suite numbers or letters shall be maintained. The fire code official
reserves the right to approve address size and location.
Exception: R-3 Single Family occupancies shall have approved numerals of a minimum 3 ½
inches (88.9 mm) in height and a color contrasting with the background clearly visible and
legible from the street fronting the property and rear alleyway where such alleyway exists.
(Reason: To increase the minimum addressing requirements for commercial and establish a minimum
for single-family residential.)
Section 507.4; change to read as follows:
507.4 Water supply test date and information. The water supply test used for hydraulic calculation
of fire protection systems shall be conducted in accordance with NFPA 291 “Recommended Practice
for Fire Flow Testing and Marking of Hydrants” and within one year of sprinkler plan submittal. The
fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed
by the fire code official, as required or approved documentation of the test shall be provided to the fire
code official prior to final approval of the water supply system. The exact location of the
static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire
protection plan submittals shall be accompanied by a hard copy of the water flow test report, or as
approved by the fire code official. The report must indicate the dominant water tank level at the time
of the test and the maximum and minimum operating levels of the tank, as well, or identify applicable
water supply fluctuation. The licensed contractor must then design the fire protection system based on
this fluctuation information, as per the applicable referenced NFPA standard. Reference Section
903.3.5 for additional design requirements.
(Reason: Clarifies intent of the test to ensure contractor accounts for water supply fluctuation)
Section 507.5.4; change to read as follows:
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts,
fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near
fire hydrants, fire department inlet connections or fire protection system control valves in a manner
that would prevent such equipment or fire hydrants from being immediately discernible. The fire
department shall not be deterred or hindered from gaining immediate access to fire protection
equipment or fire hydrants.
(Reason: Maintains wording from 2006 Code to ensure these critical devices are available in an
emergency incident.)
Section 509.1.2; add new Section 509.1.2 to read as follows:
509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required
by this section shall have a minimum height of 2 inches (50.8 mm) when located inside a building and
Ordinance 717
Page 12 of 36
4 inches (101.6 mm) when located outside, or as approved by the fire code official. The letters shall
be of a color that contrasts with the background.
(Reason: Provides direction as to appropriate sign criteria to develop consistency in this regard.)
Section 603.3.2.1, Exception; change exception to read as follows:
Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356
L) in accordance with all requirements of Chapter 57. of Class II or III liquid for storage in protected
above-ground tanks... {Delete remainder of Exception}
(Reason: Change to Section 5704.2.9.5 is included in this amendment package.)
Section 603.3.2.2; change to read as follows:
603.3.2.2 Restricted use and connection. Tanks installed in accordance with Section 603.3.2 shall be
used only to supply fuel oil to fuel-burning or generator equipment installed in accordance with
Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made
using closed piping systems.
(Reason: Relocate the exception to Chapter 57 for applicability to generator sets, due to contradictory
charging statement in 603.1 to not apply to internal combustion engines. Further, such large
quantities of combustible liquid are more thoroughly addressed in Chapter 57 relative to such tanks.)
Section 604; change to read as follows:
SECTION 604
EMERGENCY AND STANDBY POWER SYSTEMS
604.1 Installation. Emergency and standby power systems required by this code or the International
Building Code shall be installed in accordance with this code, NFPA 110 and 111. Existing
installations shall be maintained in accordance with the original approval, except as specified in
Chapter 11.
604.1.1 Stationary generators. Stationary emergency and standby power generators required by
this code shall be listed in accordance with UL 2200.
604.1.2 Critical Operations Power Systems (COPS). For Critical Operations Power Systems
necessary to maintain continuous power supply to facilities or parts of facilities that require
continuous operation for the reasons of public safety, emergency management, national security,
or business continuity, see NFPA 70.
604.2 Where required. Emergency and standby power systems shall be provided where required by
Sections 604.2.1 through 604.2.38.4 604.2.24 or elsewhere identified in this code or any other
referenced code.
604.2.1 Group A occupancies. Emergency voice/alarm communications systems. Emergency
power shall be provided for emergency voice/alarm communications systems in Group A the
following occupancies, or as specified elsewhere in this code, in accordance with Section
Ordinance 717
Page 13 of 36
907.5.2.2.5 907.2.1.1.
Covered and Open Malls, Section 604.2.13
Group A occupancies, Sections 907.2.1.1 and 907.5.2.2.4.
Special Amusement buildings, Section 907.2.12.3
High rise buildings, Section 907.2.13
Atriums, Section 907.2.14
Deep Underground buildings, Section 907.2.19
604.2.2 Smoke control systems. Standby power shall be provided for smoke control systems in
the following occupancies, or as specified elsewhere in this code, in accordance with Section
909.11:
Covered mall building, International Building Code, Section 404.5
Atriums, International Building Code, Section 404.7
Underground buildings, International Building Code, Section 405.5
Group I-3, International Building Code, Section 408.9
Stages, International Building Code, Section 410.3.7.2
Special Amusement buildings (as applicable to Group A’s), International Building Code,
Section 411.1
Smoke protected seating, Section 1028.6.2.1
604.2.3 Exit signs. Emergency power shall be provided for exit signs in accordance with Section
1011.6.3. (90 minutes)
604.2.4 Means of egress illumination. Emergency power shall be provided for means of egress
illumination in accordance with Section 1006.3. (90 minutes)
604.2.5 Accessible means of egress elevators. Standby power shall be provided for elevators that
are part of an accessible means of egress in accordance with Section 1007.4.
604.2.6 Accessible means of egress platform lifts. Standby power in accordance with this
section or ASME A38.1 shall be provided for platform lifts that are part of an accessible means of
egress in accordance with Section 1007.5
604.2.7 Horizontal sliding doors. Standby power shall be provided for horizontal sliding doors
in accordance with Section 1008.1.4.3.
604.2.8 Semiconductor fabrication facilities. Emergency power shall be provided for
semiconductor fabrication facilities in accordance with Section 2703.15.
604.2.9 Membrane structures. Emergency power shall be provided for exit signs in temporary
tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes) Standby
power shall be provided for auxiliary inflation systems in permanent membrane structures in
accordance with the International Building Code. (4 hours)
604.2.10 Hazardous materials. Emergency or standby power shall be provided in occupancies
with hazardous materials in accordance with Section 5004.7 and 5005.1.5.
604.2.11 Highly toxic and toxic materials. Emergency power shall be provided for occupancies
with highly toxic or toxic materials in accordance with Sections 6004.2.2.8 and 6004.3.4.2.
604.2 12 Organic peroxides. Standby power shall be provided for occupancies with organic
peroxides in accordance with Section 6204.1.11.
604.2.13 Covered and open mall buildings. (no change).
604.2.14 High-rise buildings. (no change).
604.2.15 Underground buildings. (no change).
604.2.16 Group I-3 occupancies. (no change).
604.2.17 Airport traffic control towers. (no change).
604.2.38 Elevators. (no change).
604.2.19 Smokeproof enclosures and Stair Pressurization Alternative. Standby power shall be
provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire
Ordinance 717
Page 14 of 36
detection systems as required by the International Building Code, Section 909.20.6.2.
604.2.20 Elevator pressurization. Standby power shall be provided for elevator pressurization
system as required by the International Building Code, Section 909.21.5.
604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be
provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the
International Building Code, Section 717.5.3, exception 2.3.
604.2.22 Common exhaust systems for clothes dryers. Standby power shall be provided for
common exhaust systems for clothes dryers located in multistory structures in accordance with the
International Mechanical Code Section 504.8, item 7.
604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation
and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International
Building Code, Section 421.8.
604.2.24 Means of Egress Illumination in Existing Buildings. Emergency power shall be
provided for means of egress illumination in accordance with Section 1104.5 and 1104.5.1 when
required by the fire code official. (90 minutes in I-2, 60 minutes elsewhere.)
604.3 Energy time duration. Unless a time limit is specified by the fire code official, in this
chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and
standby power system shall be supplied with enough fuel or energy storage capacity for not less
than 2-hour full-demand operation of the system.
Exception: Where the system is supplied with natural gas from a utility provider and is
approved.
604.3 4 Maintenance. (no change).
604.4 5 Operational inspection and testing. (no change).
604.5 6 Emergency lighting equipment. (no change).
604.6 7 Supervision of maintenance and testing. (no change).
(Reason: These provisions provide a list to complete and match that throughout the codes. IBC
Section 2702.13 “pyrophoric materials” no longer exists in IFC Section 604. The only new items are
the reference to COPS in NFPA 70, and the specified Energy time duration. Other changes are a
reference to a code provision that already exists.)
Section 704.1; change to read as follows:
704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways,
service and utility shafts, that connect two or more stories of a building shall be enclosed or protected
in accordance with the codes in effect at the time of construction but, regardless of when constructed,
not less than as required in Chapter 11. New floor openings in existing buildings shall comply with the
International Building Code.
(Reason: Provides standard minimum protection retroactively, but clarifies that this section is not to
be used to reduce higher protection levels that were required when originally constructed.)
Section 807.4.3.2; change to read as follows:
807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not
more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of
each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall.
Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings
shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or
be noncombustible.
Ordinance 717
Page 15 of 36
Exception: Corridors protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.
(Reason: Consistent with regional practice. This change allows an increase in wall coverage due to
the presence of sprinklers. Also provides additional guidance relative to acceptable amounts of
artwork in classrooms.)
Section 807.4.4.2; change to read as follows:
807.4.4.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors to not
more than 20 percent of the wall area and on the walls of classrooms to not more than 50 percent of
each wall area. Such materials shall not be continuous from floor to ceiling or wall to wall.
Curtains, draperies, wall hangings and other decorative material suspended from the walls or ceilings
shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or
be noncombustible.
Exception: Corridors protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.
(Reason: Consistent with regional practice. This change allows an increase in wall coverage due to
the presence of sprinklers. Also provides additional guidance relative to acceptable amounts of
artwork in classrooms.)
Section 901.4.3; change to read as follows:
901.4.3 Fire areas. {First part of section unchanged} …determined in accordance with Section
707.3.910 of the International Building Code.
(Reason: Errata – see ICC website for more information - incorrect section number is referenced in
the published code as 707.3.9, which applies to mixed use occupancy separation, rather than fire area
separation for sprinkler purposes.)
Section 901.6.1; add Section 901.6.1.1 to read as follows:
901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe systems as
per NFPA 25 requirements. The following additional requirements shall be applied to the testing that
is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall be back
flushed when foreign material is present, and also hydrostatically tested for all FDC’s on any
type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA
25 requirements for the different types of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of
flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable
pumping system (as approved by the fire code official) to each FDC, and flow water through the
standpipe system to the roof outlet to verify that each inlet connection functions properly.
Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There
Ordinance 717
Page 16 of 36
is no required pressure criterion at the outlet. Verify that check valves function properly and that
there are no closed control valves on the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with the
requirements of NFPA 25. All hose valves shall be exercised.
4. If the FDC is not already provided with approved caps, the contractor shall install such caps for
all FDC’s as required by the fire code official.
5. Upon successful completion of standpipe test, place a blue tag (as per Texas Administrative
Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the
bottom of each standpipe riser in the building. The tag shall be check-marked as “Fifth Year”
for Type of ITM, and the note on the back of the tag shall read “5 Year Standpipe Test” at a
minimum.
6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard to
Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required
notification of the local Authority Having Jurisdiction (fire code official) shall be followed.
7. Additionally, records of the testing shall be maintained by the owner and contractor, if
applicable, as required by the State Rules mentioned above and NFPA 25.
8. Standpipe system tests where water will be flowed external to the building shall not be
conducted during freezing conditions or during the day prior to expected night time freezing
conditions.
9. Contact the fire code official for requests to remove existing fire hose from Class II and III
standpipe systems where employees are not trained in the utilization of this firefighting
equipment. All standpipe hose valves must remain in place and be provided with an approved
cap and chain when approval is given to remove hose by the fire code official.
(Reason: Increases the reliability of the fire protection system and re-emphasizes the requirements of
NFPA 25 relative to standpipe systems, as well as ensuring that FDC connections are similarly
tested/maintained to ensure operation in an emergency incident.)
Section 901.7; change to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service or in the event
of an excessive number of activations, the fire department and the fire code official shall be notified
immediately and, where required by the fire code official, the building shall either be evacuated or an
approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire
protection system has been returned to service. …{remaining text unchanged}
(Reason: Gives fire code official more discretion. Requires adoption of definition amendment in
Section 202 for fire watch.)
Section 901.9; change Section 901.9 to read as follows:
901.9 Discontinuation or change Termination of monitoring of service. For fire alarm systems
required to be monitored by this code, Notice shall be made to the fire code official whenever
contracted alarm monitoring services for monitoring of any fire alarm system are terminated for any
Ordinance 717
Page 17 of 36
reason, or a change in alarm monitoring provider occurs. Notice shall be made in writing to the fire
code official by the building owner and monitoring service provider prior to the service being
terminated.
(Reason: To ensure the property’s monitored fire alarm system is maintained for proper notification of
emergency response in the event of an emergency incident.)
Section 903.1.1; change to read as follows:
903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with
Section 904 shall be permitted in lieu of addition to automatic sprinkler protection where recognized
by the applicable standard and, or as approved by the fire code official.
(Reason: Such alternative systems do not provide the reliability of automatic sprinkler protection in
general. An applicant could pursue an Alternate Method request to help mitigate the reliability issues
with these alternative systems with the fire code official if so desired, or there may be circumstances in
which the fire code official is acceptable to allowing an alternate system in lieu of sprinklers, such as
kitchen hoods or paint booths. This also meets with local practices in the region.)
Section 903.2; add paragraph to read as follows:
Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and
elevator hoist ways, other than pits where such sprinklers would not necessitate shunt trip
requirements under any circumstances. Storage shall not be allowed within the elevator machine room.
Signage shall be provided at the entry doors to the elevator machine room indicating “ELEVATOR
MACHINERY – NO STORAGE ALLOWED.”
(Reason: Firefighter and public safety. This amendment eliminates the shunt trip requirement of the
International Building Code Section 3006.5 for the purpose of elevator passenger and firefighter
safety. This amendment is contingent on the Building Code amendment eliminating the Exceptions to
Section 3006.4, such that passive fire barriers for these areas are maintained. This also meets with
local practices in the region.)
Section 903.2; delete the exception.
(Reason: The exception deletion is due to the fact that such telecom areas pose an undue fire risk to
the structural integrity of the building. This also meets with local practices in the region.)
**Section 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout a fire
area containing Group A-1 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout a fire
area containing Group A-2 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
Ordinance 717
Page 18 of 36
**Section 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire
area containing Group A-3 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire
area containing Group A-4 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided throughout a fire
area containing Group A-5 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.1.6 Group B Occupancies. An automatic sprinkler system shall be provided
throughout all Group B Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be provided
throughout a fire area containing Group E Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.3 Group E. An automatic sprinkler system shall be provided throughout a fire area
containing Group E Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout a fire area
containing Group F-1 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.5 Group H. An automatic sprinkler system shall be provided throughout a fire area
containing Group H Occupancies.
Ordinance 717
Page 19 of 36
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.6 Group I. An automatic sprinkler system shall be provided throughout a fire area
containing Group I Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.7 Group M. An automatic sprinkler system shall be provided throughout a fire area
containing Group M Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
** Section 903.2.8 Group R One and Two-Family Dwellings and Townhouses. An automatic
sprinkler system shall be installed for one and two-family dwellings and townhouses in accordance
with Section 903.3.1.3.
(Reason: Clearly denotes that automatic fire sprinkler systems are required in one and two-family
dwellings.)
**Section 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout a fire area
containing Group S-1 Occupancies.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.9.1 Repair Garages. An automatic sprinkler system shall be provided throughout a
fire area for repair garages.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**Section 903.2.9.2 Bulk storage of tires. An automatic sprinkler system shall be provided
throughout a fire area for bulk storage of tire.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
Section 903.2.9; add Section 903.2.9.3 to read as follows:
903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout
all self-service storage facilities.
Ordinance 717
Page 20 of 36
Exception: Deleted
(Reason: Fire departments are unable to inspect these commercial occupancies and are unaware of
the contents being stored. This also meets with local practices in the region. The exception is removed
because all structures are protected with fire suppression systems in the Town of Westlake regardless
of building construction features.)
**Section 903.2.10 Group S-2. Enclosed parking garages. An automatic sprinkler system shall be
provided throughout all buildings classified as enclosed parking garages in accordance with Section
406.4 of the International Building Code or where located beneath other groups.
(Reason: The Town of Westlake requires all building and portions thereof of this classification are
protected by automatic sprinkler systems. All exceptions to this relating to area requirements and
other exceptions are deleted).
**903.2.11.1 Stories and basements without openings. An automatic sprinkler system shall be
installed in every story or basement of all buildings without openings.
**Section 903.2.11; amend 903.2.11.3 and add 903.2.11.7, 903.2.11.8, and 903.2.11.9 as follows:
903.2.11.3 Buildings more than 55 feet in height. An automatic sprinkler system shall be installed
throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the
International Building Code, that is located 55 feet (16 674 mm) or more than three stories above the
lowest level of fire department vehicle access.
Exception:
1. Open parking structures in compliance with Section 406.3 of the International Building Code.
903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet
(4572 mm), see Chapter 32 to determine if those provisions apply.
903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be
protected by an approved automatic fire-extinguishing system.
(Reason: Reflects regional practices. Provides jurisdictions options as to their desired level of
sprinkler protection based on multiple factors including firefighting philosophies/capabilities.)
Section 903.3.1.1.1; change to read as follows:
903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not
be required in the following rooms or areas where such ...{text unchanged}… because it is damp, of
fire-resistance-rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life or fire
hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature of the
contents, when approved by the code official.
3. Generator and transformer rooms, under the direct control of a public utility, separated from
the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a
Ordinance 717
Page 21 of 36
fire-resistance rating of not less than 2 hours.
4. In rooms or areas that are of noncombustible construction with wholly noncombustible
contents.
5. Fire service access Elevator machine rooms, and machinery spaces, and hoistways, other than
pits where such sprinklers would not necessitate shunt trip requirements under any
circumstances.
6. {Delete.}
(Reason: Gives more direction to code official. Exception 4 deleted to provide protection where fire
risks are poorly addressed. Amendment 903.2 addresses Exception 5 above relative to the elimination
of sprinkler protection in these areas to avoid the shunt trip requirement.)
Section 903.3.1.2.2; add section to read as follows:
Section 903.3.1.2.2 Attics, Open Breezeways, and Attached Garages. Sprinkler protection is
required in attic spaces of such buildings two or more stories in height, open breezeways, and attached
garages.
(Reason: Open breezeways already require sprinkler protection in Section 1026.6, Exception 4. Attic
protection is required in accordance with existing regional practice and issues with fire exposure via
soffit vents, as well as firefighter safety. Attached garages already require sprinkler via NFPA 13R –
re-emphasis.)
Section 903.3.1.3; change to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family
dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be
installed throughout in accordance with NFPA 13D or in accordance with state law.
(Reason: To allow the use of the Plumbing section of the IRC and recognize current state stipulations
in this regard.)
Section 903.3.5; add a second paragraph to read as follows:
Water supply as required for such systems shall be provided in conformance with the supply
requirements of the respective standards; however, every fire protection system shall be designed with
a 10 psi safety factor. Reference Section 507.4 for additional design requirements.
(Reason: To define uniform safety factor.)
Section 903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All
control valves in the sprinkler and standpipe systems except for fire department hose connection
valves shall be electrically supervised to initiate a supervisory signal at the central station upon
tampering.
(Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.)
Section 903.4.2; add second paragraph to read as follows:
Ordinance 717
Page 22 of 36
The alarm device required on the exterior address side of the building shall be a weatherproof
horn/strobe notification appliance with a minimum 75 candela strobe rating and provides a temporal
three sound to be clearly heard from the street fronting the property under normal ambient sound level
as approved by the Fire Code Official.
(Reason: Cleary identifies the building in alarm to the fire department personnel and passersby’s)
Section 905.2; change to read as follows:
905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and
NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a
maximum of 40 psig air pressure with a high/low alarm.
(Reason: To define manual dry standpipe supervision requirements. Helps ensure the integrity of the
standpipe system via supervision, such that open hose valves will result in a supervisory low air
alarm.)
Section 905.3; add Section 905.3.9 and exception to read as follows:
905.3.9 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic
wet or manual wet standpipes shall be provided where any portion of the building’s interior area is
more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire
department vehicle access.
Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for in
NFPA 14.
(Reason: Allows for the rapid deployment of hose lines to the body of the fire.)
Section 905.4, item 5; change to read as follows:
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent
slope), each standpipe shall be provided with a two-way a hose connection shall be located to
serve the roof or at the highest landing of a stairway with stair access to the roof provided in
accordance with Section 1009.16. An additional hose connection shall be provided at the top
of the most hydraulically remote standpipe for testing purposes.
(Reason: Reduces the amount of pressure required to facilitate testing, and provides backup
protection for fire fighter safety.)
Section 905.4; add the following item 7:
7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits
to the structure and at two hundred feet (200’) intervals along major corridors thereafter, or as
otherwise approved by the fire code official.
(Reason: Allows for the rapid deployment of hose lines to the body of the fire.)
Section 905.9; add a second paragraph after the exceptions to read as follows:
Ordinance 717
Page 23 of 36
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All
control valves in the sprinkler and standpipe systems except for fire department hose connection
valves shall be electrically supervised to initiate a supervisory signal at the central station upon
tampering.
(Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.)
Section 907.1; add Section 907.1.4 to read as follows:
907.1.4 Design standards. All alarm systems new or replacement shall be addressable. Alarm
systems serving more than 20 smoke detectors shall be analog addressable.
Exception: Existing systems need not comply unless the total building remodel or expansion
initiated after the effective date of this code, as adopted, exceeds 30% of the building. When
cumulative building remodel or expansion exceeds 50% of the building must comply within 38
months of permit application.
(Reason: Consistent with local practice and emerging technology. Reduces need for panel
replacement in the future.)
Section 907.2.1; change to read as follows:
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in
accordance with new Section 907.6 shall be installed in Group A occupancies where the having an
occupant load due to the assembly occupancy is of 300 or more persons or more than 100 persons
above or below the lowest level of exit discharge. Group A occupancies not separated from one
another in accordance with Section 707.3.910 of the International Building Code shall be considered
as a single occupancy for the purposes of applying this section. Portions of Group E occupancies
occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E
occupancy.
Exception: {No change.}
Activation of fire alarm notification appliances shall:
1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at
the walking surface level, and
2. Stop any conflicting or confusing sounds and visual distractions.
(Reason: Increases the requirement to be consistent with Group B requirement. Also addresses issue
found in Group A occupancies of reduced lighting levels and other A/V equipment that distracts from
fire alarm notification devices. Also reflects regional practice.)
Section 907.2.3; change to read as follows:
907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing
an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and
installed in accordance with Section 907.6 shall be installed in Group E educational occupancies.
When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be
connected to the building fire alarm system. An approved smoke detection system shall be installed in
Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings,
whether portable buildings or the main building, will be considered one building for alarm occupant
Ordinance 717
Page 24 of 36
load consideration and interconnection of alarm systems.
(Reason: To distinguish educational from day care occupancy minimum protection requirements.
Further, to define threshold at which portable buildings are considered a separate building for the
purposes of alarm systems.)
Section 907.2.3; change exception 1. to read as follows:
Exceptions:
1. A manual fire alarm system is not required in Group E educational and day care
occupancies with an occupant load of less than 30 or less when provided with an approved
automatic sprinkler system.
1.1. Residential In-Home day care with not more than 12 children may use interconnected
single station detectors in all habitable rooms. (For care of more than five children 2
1/2 or less years of age, see Section 907.2.6.)
(Reason: Consistent with Texas State laws concerning day care facility requirements.)
Section 907.2.13, Exception 3; change to read as follows:
3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1
of the International Building Code; however, this exception does not apply to accessory uses
including but not limited to sky boxes, restaurants and similarly enclosed areas.
(Reason: To indicate that enclosed areas within open air seating type occupancies are not exempted
from automatic fire alarm system requirements.)
Section 907.4.2; add Section 907.4.2.7 to read as follows:
907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type.
(Reason: Helps to reduce false alarms. Consistent with regional requirements.)
Section 907.6.1; add Section 907.6.1.1 to read as follows:
907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure
of any single initiating device or single open in an initiating circuit conductor will not interfere with
the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a
way that a single open will not interfere with the operation of any addressable devices (Class A).
Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for
Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical
between supply and return circuit conductors. The initiating device circuit (IDC) from an addressable
input (monitor) module may be wired Class B, provided the distance from the addressable module to
the initiating device is ten feet or less.
(Reason: To provide uniformity in system specifications and guidance to design engineers. Improves
reliability of fire alarm devices and systems.)
Ordinance 717
Page 25 of 36
Section 907.6.5; add Section 907.6.5.3 to read as follows:
907.6.5.3 Communication requirements. All alarm systems, new or replacement, shall transmit
alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory
station or proprietary supervising station as defined in NFPA 72, with the correct device designation
and location of addressable device identification. Alarms shall not be permitted to be transmitted as a
General Alarm or Zone condition.
(Reason: To assist responding personnel in locating the emergency event.)
Section 910.1; change Exception 2 to read as follows:
2. Where areas of buildings are equipped with early suppression fast-response (ESFR) sprinklers,
automatic only manual smoke and heat vents or manually activated engineered mechanical
smoke exhaust systems shall not be required within these areas. Automatic smoke and heat
vents are prohibited.
(Reason: Allows the fire department to control the smoke and heat during and after a fire event. Also
gives an alternative to smoke and heat vents.)
Section 910.2; add subsections 910.2.3 with exceptions and 910.2.4 to read as follows:
910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet
(1394 m2) in single floor area.
Exception: Buildings of noncombustible construction containing only noncombustible
materials.
2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers,
Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive)
materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity
classification.
Exception: Buildings of noncombustible construction containing only noncombustible
materials.
(Reason: Maintains a fire protection device utilized in such occupancies where it is sometimes
necessary to allow chemicals to burn out, rather than extinguish.)
Table 910.3; Change the title of the first row of the table from “Group F-1 and S-1” to include
“Group H” and to read as follows:
Group H, F-1 and S-1
(Reason: Consistency with the amendment 910.2.4 to include Group H.)
Section 910.3; replace Sections 910.3.1 through 910.3.3, and add second paragraph to Section
910.3.2.2 as follows:
910.3.1 Design. Smoke and heat vents shall be listed and labeled to indicate compliance with UL 793.
Ordinance 717
Page 26 of 36
910.3.2 Vent operation. Smoke and heat vents shall be capable of being operated by approved
automatic and manual means. Automatic operation of smoke and heat vents shall conform to the
provisions of Sections 910.3.2.1 through 910.3.2.3.
910.3.2.1 Gravity-operated drop out vents. Automatic smoke and heat vents containing
heat-sensitive glazing designed to shrink and drop out of the vent opening when exposed to
fire shall fully open within 5 minutes after the vent cavity is exposed to a simulated fire
represented by a time-temperature gradient that reaches an air temperature of 500°F (260°C)
within 5 minutes.
910.3.2.2 Sprinklered buildings. Where installed in buildings equipped with an approved
automatic sprinkler system, smoke and heat vents shall be designed to operate automatically.
The automatic operating mechanism of the smoke and heat vents shall operate at a
temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the
temperature rating of the sprinklers installed.
910.3.2.3 Nonsprinklered buildings. Where installed in buildings not equipped with an
approved automatic sprinkler system, smoke and heat vents shall operate automatically by
actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above
ambient.
Exception: Gravity-operated drop out vents complying with Section 910.3.2.1.
910.3.3 Vent dimensions. The effective venting area shall not be less than 16 square feet (1.5 m2)
with no dimension less than 4 feet (1219 mm), excluding ribs or gutters having a total width not
exceeding 6 inches (152 mm).
(Reason: Errata – see ICC website for more information - Replaces text from the 2009 IFC that was
accidentally lost/left out of the 2012 edition first printing, as exemplified by the Section number
skipping. Amendment to Section 910.3.2.2 specifies a temperature range at which smoke and heat
vents should activate in sprinklered buildings to ensure that the sprinkler system has an opportunity to
activate and control the fire prior to vent operation.)
Section 912.2; add Section 912.2.3 to read as follows:
912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire
department connection as the fire hose lies along an unobstructed path.
(Reason: Consistent with regional practices.)
Section 913.1; add second paragraph and exception to read as follows:
When located on the ground level at an exterior wall, the fire pump room shall be provided with an
exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in height,
regardless of any interior doors that are provided. A key box shall be provided at this door, as
required by Section 506.1.
Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior
wall, the corridor leading to the fire pump room access from the exterior of the building shall be
provided with equivalent fire resistance as that required for the pump room, or as approved by the
fire code official. Access keys shall be provided in the key box as required by Section 506.1.
(Reason: This requirement allows fire fighters safer access to the fire pump room. The requirement
allows access without being required to enter the building and locate the fire pump room interior
access door during a fire event. The exception recognizes that this will not always be a feasible design
scenario for some buildings, and as such, provides an acceptable alternative to protect the pathway to
Ordinance 717
Page 27 of 36
the fire pump room.)
Chapter 10: Sections 1001 through 1029; replace all references to “fire code official” with
“building official”.
(Reason: Past regional practice and legacy language has always referenced the “building official” as
the authority over Chapter 10 issues, except for the maintenance of the means of egress section. The
2012 edition of the IBC references “building official” in these sections, but references “fire code
official” in the 2012 IFC, providing for a direct contradiction when both codes are adopted.)
Section 1004.1.2; delete exception:
1004.1.2 Areas without fixed seating. The number of occupants shall be computed at the rate of one
occupant per unit of area as prescribed in Table 1004.1.2. For areas without fixed seating, the occupant
load shall not be less than that number determined by dividing the floor area under consideration by
the occupant load factor assigned to the function of the space as set forth in Table 1004.1.2. Where an
intended function is not listed in Table 1004.1.2, the building official shall establish a function based
on a listed function that most nearly resembles the intended function.
Exception: Where approved by the building official, the actual number of occupants for whom
each occupied space, floor or building is designed, although less than those determined by
calculation, shall be permitted to be used in the determination of the design occupant load.
(Reason: Authority having jurisdiction (AHJ) already has this authority. Technical substantiation is
required to support deviation from table values.)
Section 1007.1; add the following Exception 4:
Exceptions:
{previous exceptions unchanged}
4. Buildings regulated under State Law and built in accordance with State registered plans,
including any variances or waivers granted by the State, shall be deemed to be in compliance
with the requirements of Section 1007.
(Reason: To accommodate buildings regulated under Texas State Law and to be consistent with
amendments to Chapter 11.)
Section 1007.5; Platform lifts, amend to read as follows:
1007.5 Platform lifts. Platform (wheelchair) lifts . . . required accessible route in Section 1109.7 8,
Items 1 through 9 10. Standby power . . {remainder unchanged}
(Reason: Editorial.)
Section 1008.1.9.4; amend exceptions 3 and 4 as follows:
Exceptions:
3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S
occupancy. {Remainder unchanged}
4. Where a pair of doors serves a Group A, B, F, M or S occupancy. {Remainder unchanged}
Ordinance 717
Page 28 of 36
(Reason: Application to M occupancies reflects regional practice; No. 4 expanded to Group
A due to it being a similar scenario to other uses; No. 4 was regional practice.)
Section 1008.1.9.9; change to read as follows:
1008.1.9.9 Electromagnetically locked egress doors. Doors in the means of egress in buildings with
an occupancy in Group A, B, E, I-1, I-2, M, R-1 or R-2 and doors to tenant spaces in Group A, B, E, I-
1, I-2, M, R-1 or R-2 shall be permitted to be electromagnetically locked if equipped with listed
hardware that incorporates a built-in switch and meet the requirements below: {remaining text
unchanged}
(Reason: Regional practice to permit such locks due to the presence of trained staff.)
Section 1015; add new section 1015.7 to read as follows:
1015.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference
the electrical code as adopted.
(Reason: Cross reference necessary for coordination.)
Section 1016; add new section 1016.2.2 to read as follows:
1016.2.2 Group F-1 and S-1 increase. The maximum exit access travel distance shall be 400 feet
(122 m) in Group F-1 or S-1 occupancies where all of the following are met:
1. The portion of the building classified as Group F-1 or S-1 is limited to one story in height;
2. The minimum height from the finished floor to the bottom of the ceiling or roof slab or deck is
24 feet (7315 mm); and
3. The building is equipped throughout with an automatic fire sprinkler system in accordance with
Section 903.3.1.1.
(Reason: Past regional practice allowed smoke and heat vents to be utilized to increase travel
distance, which resulted in problems when utilizing ESFR systems. This amendment adopts wording
from the upcoming 2015 IBC, which has been approved by final action via the ICC code development
process but is not yet published.)
Section 1038.1; add exception 6 to read as follows:
{previous text unchanged}
6. In Group B office buildings, corridor walls and ceilings within single tenant spaces need not
be of fire-resistive construction when the tenant space corridor is provided with system
smoke detectors tied to an approved automatic fire alarm. The actuation of any detector shall
activate alarms audible in all areas served by the corridor.
(Reason: To reduce redundant requirements in a single tenant situation. Intended to be consistent
with regional amendment to IFC.
Section 1038.6; amend to read as follows:
Ordinance 717
Page 29 of 36
1038.6, Corridor Continuity. Fire-Resistance-Rated All corridors shall be continuous from the point
of entry to an exit, and shall not be interrupted by intervening rooms. {Remainder unchanged}
{Exception unchanged}
(Reason: Once in corridor, corridor should not be interrupted or discontinuous.)
Section 1026.6; amend exception 4 to read as follows:
Exceptions: {Exceptions 1 through 3 unchanged}
4. Separation from the interior open-ended corridors of the building… {remaining text
unchanged}
(Reason: To clarify that Section 1022.7, i.e., the 380 degree rule is applicable; and is further
reinforced by new Exception 4.4.)
Section 1028.1.1.1; delete.
(Reason: Unenforceable.)
Section 1029.1; amend to read as follows:
1029.1 General. In addition to the means of egress required by this chapter, provisions shall be made
for emergency escape and rescue openings in Group R and I-1 Group R-2 occupancies in accordance
with Tables 1021.2(1) and 1021.2(2) and Group R-3 occupancies. {Remainder unchanged}
Exceptions:
{Exceptions 1 through 3 unchanged.}
4. In other than Group R-3 occupancies, buildings equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1 or
903.3.1.2.
(Reason: Maintains legacy language to ensure egress from residential type occupancies and maintain
exception for residential occupancies where an NFPA 13 or 13R sprinkler system is installed, but not
for a 13D system.)
Section 1030.2; change to read as follows:
1030.2 Reliability. Required exit accesses, exits and exit discharges shall be continuously maintained
free from obstructions or impediments to full instant use in the case of fire or other emergency when
the building area served by the means of egress is occupied. An exit or exit passageway shall not be
used for any purpose that interferes with a means of egress.
(Reason: Maintain legacy levels of protection and long-standing regional practice, and provide
firefighter safety.)
Section 1103.3; add sentence to end of paragraph as follows:
Provide emergency signage as required by Section 607.2.
(Reason: Coordinates requirements of previous amendment.)
Ordinance 717
Page 30 of 36
Section 1103.5; add Section 1103.5.3 to read as follows:
1103.5.3 Spray booths and rooms. Existing spray booths and spray rooms shall be protected by an
approved automatic fire-extinguishing system in accordance with Section 2404.
(Reason: Consistent with amendment to IFC 2404, regional practice, and long-standing regional
requirement.)
Section 2304.1; change to read as follows:
2304.1 Supervision of dispensing. The dispensing of fuel at motor fuel-dispensing facilities shall be
conducted by a qualified attendant or shall be under the supervision of a qualified attendant at all times
or shall be in accordance with Section 2204.3. the following:
1. Conducted by a qualified attendant; and/or,
2. Shall be under the supervision of a qualified attendant; and/or
3. Shall be an unattended self-service facility in accordance with Section 2304.3.
At any time the qualified attendant of item Number 1 or 2 above is not present, such operations shall
be considered as an unattended self-service facility and shall also comply with Section 2304.3.
(Reason: Allows a facility to apply the attended and unattended requirements of the code when both
are potentially applicable.)
Section 2401.2; delete this section.
(Reason: This section eliminates such booths from all compliance with Chapter 15 including, but not
limited to: size, ventilation, fire protection, construction, etc. If the product utilized is changed to a
more flammable substance, the lack of compliance with Chapter 15 could result in significant fire or
deflagration and subsequent life safety hazard.)
Table 3206.2, footnote j; change text to read as follows:
j. Not required when storage areas are protected by Where areas of buildings are equipped with early
suppression fast-response (ESFR) sprinkler systems installed in accordance with NFPA 13
sprinklers, manual smoke and heat vents or manually activated engineered mechanical smoke
exhaust systems shall be required within these areas.
(Reason: Allows the fire department to control the smoke and heat during and after a fire event, while
ensuring proper operation of the sprinkler protection provided. Also, gives an alternative to smoke
and heat vents.)
Section 3310.1; add sentence to end of paragraph to read as follows:
When fire apparatus access roads are required to be installed for any structure or development, they
shall be approved prior to the time of which construction has progressed beyond completion of the
foundation of any structure.
Ordinance 717
Page 31 of 36
(Reason: Reference requirement of Section 501.4.)
Section 5601.1.3; change to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are
prohibited.
Exceptions:
1. Only when approved for fireworks displays, Storage and handling of fireworks as allowed
in Section 5604 and 5608.
2. Manufacture, assembly and testing of fireworks as allowed in Section 5605.
3.2. The use of fireworks for approved fireworks displays as allowed in Section 5608.
4. The possession, storage, sale… {Delete remainder of text.}
(Reason: Restricts fireworks to approved displays only, which is consistent with regional practice.)
Section 5703.6; add a sentence to read as follows:
5703.6 Piping systems. Piping systems, and their component parts, for flammable and combustible
liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An approved method of
secondary containment shall be provided for underground tank and piping systems.
(Reason: Increased protection in response to underground leak problems and remediation difficulty in
underground applications. Maintains long-standing regional practice.)
Section 5704.2.9.5; change Section 5704.2.9.5 and add Section 5704.2.9.5.3 to read as follows:
5704.2.9.5 Above-ground tanks inside of buildings. Above-ground tanks inside of buildings shall
comply with Section 5704.2.9.5.1 and 5704.2.9.5.2 through 5704.2.9.5.3.
5704.2.9.5.1 {No change.}
5704.2.9.5.2 {No change.}
5704.2.9.5.3 Combustible liquid storage tanks inside of buildings. The maximum aggregate
allowable quantity limit shall be 3,000 gallons (11 356 L) of Class II or III combustible liquid for
storage in protected aboveground tanks complying with Section 5704.2.9.7 when all of the following
conditions are met:
1. The entire 3,000 gallon (11 356 L) quantity shall be stored in protected above-ground tanks;
2. The 3,000 gallon (11 356 L) capacity shall be permitted to be stored in a single tank or multiple
smaller tanks;
3. The tanks shall be located in a room protected by an automatic sprinkler system complying
with Section 903.3.1.1; and
4. Tanks shall be connected to fuel-burning equipment, including generators, utilizing an
approved closed piping system.
Ordinance 717
Page 32 of 36
The quantity of combustible liquid stored in tanks complying with this section shall not be counted
towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be
required to be located in a control area. Such tanks shall not be located more than two stories below
grade.
(Reason: Relocated from exception to 603.3.2.1 as published, as per reason statement for deletion in
that section. Maintains consistency with current regional requirements relative to interior
flammable/combustible liquid storage tanks.)
Section 5704.2.11.5; add a sentence to read as follows:
5704.2.11.5 Leak prevention. Leak prevention for underground tanks shall comply with Sections
5704.2.11.5.1 and 5704.2.11.5.2 through 5704.2.11.5.3. An approved method of secondary
containment shall be provided for underground tank and piping systems.
(Reason: Increased protection in response to underground leak problems and remediation difficulty in
underground applications. References regional amendment to IFC 5704.2.11.5.3.)
Section 5704.2.11.5.2; change to read as follows:
5704.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an approved
method of leak detection from any component of the system that is designed and installed in
accordance with NFPA 30 and as specified in Section 5704.2.11.5.3.
(Reason: Reference to IFC Section 5704.2.11.5.3 amendment.)
Section 5704.2.11.5; add Section 5704.2.11.5.3 to read as follows:
5704.2.11.5.3 Observation wells. Approved sampling tubes of a minimum 4 inches in diameter shall
be installed in the backfill material of each underground flammable or combustible liquid storage tank.
The tubes shall extend from a point 12 inches below the average grade of the excavation to ground
level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling
tube at the corners of the excavation with a minimum of 4 tubes. Sampling tubes shall be placed in the
product line excavation within 10 feet of the tank excavation and one every 50 feet routed along
product lines towards the dispensers, a minimum of two are required.
(Reason: Provides an economical means of checking potential leaks at each tank site.)
Section 5706.5.4; delete Section 5706.5.4.5 and replace with the following:
5706.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and
III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial,
industrial, governmental or manufacturing establishments is allowed where permitted, provided such
dispensing operations are conducted in accordance with Sections 5706.5.4.5.1 through 5706.5.4.5.3.
5706.5.4.5.1 Site requirements.
1. Dispensing may occur at sites that have been permitted to conduct mobile fueling.
2. A detailed site plan shall be submitted with each application for a permit. The site plan
must indicate:
Ordinance 717
Page 33 of 36
a. all buildings, structures, and appurtenances on site and their use or function;
b. all uses adjacent to the property lines of the site;
c. the locations of all storm drain openings, adjacent waterways or wetlands;
d. information regarding slope, natural drainage, curbing, impounding and how a spill
will be retained upon the site property; and,
e. The scale of the site plan.
3. The Code Official is authorized to impose limits upon: the times and/or days during
which mobile fueling operations are allowed to take place and specific locations on a site
where fueling is permitted.
4. Mobile fueling operations shall be conducted in areas not generally accessible to the
public.
5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or
combustible storage.
5706.5.4.5.2 Refueling Operator Requirements.
1. The owner of a mobile fueling operations shall provide to the jurisdiction a written
response plan which demonstrates readiness to respond to a fuel spill, carry out
appropriate mitigation measures, and to indicate its process to properly dispose of
contaminated materials when circumstances require.
2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and
Federal requirements. The tank vehicle's specific functions shall include that of supplying
fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in
good repair.
3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or
the point of fueling shall be prominently posted on 3 sides of the vehicle including the
back and both sides.
4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with
signage clearly indicating its location.
5. The dispensing nozzles and hoses shall be of an approved and listed type.
6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in
length.
7. Absorbent materials, non-water absorbent pads, a 10 foot (3.048 m) long containment
boom, an approved container with lid, and a non-metallic shovel shall be provided to
mitigate a minimum 5-gallon fuel spill.
8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch,
Ordinance 717
Page 34 of 36
limiting the amount of a single fueling operation to a maximum of 500 gallons (3893 L)
between resetting of the limit switch.
Exception: Tankers utilizing remote emergency shut-off device capability where the
operator constantly carries the shut-off device which, when activated, immediately
causes flow of fuel from the tanker to cease.
9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating
actions in the event of a fire, leak, or spill. Training records shall be maintained by the
dispensing company and shall be made available to the fire code official upon request.
10. Operators of tank vehicles used for mobile fueling operations shall have in their
possession at all times an emergency communications device to notify the proper
authorities in the event of an emergency.
5706.5.4.5.3 Operational Requirements.
1. The tank vehicle dispensing equipment shall be constantly attended and operated only by
designated personnel who are trained to handle and dispense motor fuels.
2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition
sources are not present.
3. The engines of vehicles being fueled shall be shut off during dispensing operations.
4. Night time fueling operations shall only take place in adequately lighted areas.
5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude
traffic from driving over the delivery hose and between the tank vehicle and the motor
vehicle being fueled.
6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place
and warning lights shall be in operation.
7. Motor vehicle fuel tanks shall not be topped off.
8. The dispensing hose shall be properly placed on an approved reel or in an approved
compartment prior to moving the tank vehicle.
9. The Code Official and other appropriate authorities shall be notified when a reportable
spill or unauthorized discharge occurs.
(Reason: Provides clarity and organization of the site, operation and use requirements. Maintains
long-standing regional practice.)
Section 6103.2.1; add Section 6103.2.1.8 to read as follows:
6103.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not
available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or
Ordinance 717
Page 35 of 36
similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate
capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from
other containers by a distance of not less than 20 feet.
(Reason: To provide a consistent and reasonable means of regulating the use of portable LP-Gas
containers in these situations.)
Section 6104.2, Exception; add an exception 2 to read as follows:
Exceptions:
1. {existing text unchanged}
2. Except as permitted in 308 and 6104.3.2, LP-gas containers are not permitted in residential
areas.
(Reason: To provide a consistent and reasonable means of regulating the use of portable LP-Gas
containers. References regional amendment to IFC 6104.3.2.)
Section 6104.3; add Section 6104.3.2 to read as follows:
6104.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not available, an
LP-Gas container is allowed to be used to supply spa and pool heaters or other listed devices. Such
container shall not exceed 250-gallon water capacity per lot. See Table 6104.3 for location of
containers.
Exception: Lots where LP can be off loaded wholly on the property where the tank is located may
install 500 gallon above ground or 1,000 gallon underground approved containers.
(Reason: Allows for an alternate fuel source. Dwelling density must be considered and possibly
factored into zoning restrictions.)
Sec. 38-43--38-60 Reserved
SECTION 3: That all provisions of the Westlake Code of Ordinances not hereby
amended shall remain in full force and effect.
SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of
Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this Ordinance, since the same would have been enacted by the Town
Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such
legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 5: That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the
Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Ordinance 717
Page 36 of 36
SECTION 6: The Town Secretary of the Town of Westlake is hereby directed to publish in
the official newspaper of the Town of Westlake, the caption, penalty clause, publication clause and the
effective date of this ordinance.
SECTION 7: This ordinance shall take effect immediately from and after its passage as the
law in such case provides.
PASSED AND APPROVED ON THIS 28th DAY OF OCTOBER 2013.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Consider a resolution authorizing the Town Manager to execute an Advanced
Funding Agreement for Change Order number 3 with the Texas Department of
Transportation for FM 1938 Green Ribbon landscape enhancements.
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 October 28, 2013
Work has been completed
Funding: Amount- $42,249 Status- Funded Source- Capital Projects Fund
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
6. Maximize the
service provision
level to our
customers through
the use of the shared
services model,
public/private
partnerships, and
implementation of
SA 06.1: Seek Partnerships
Page 2 of 2
innovative inter-
governmental
agreements.
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
As you may recall, Town staff applied for a TxDOT landscaping enhancement grant for FM
1938 medians last year and we were awarded $670,000 with the Town responsible for any
project cost above this amount. The total project cost was estimated to be $856,000. At the June
18, 2012 regular Council meeting, Town Council authorized an Advanced Funding Agreement
(AFA) with TxDOT in order to provide the additional $186,000 needed to complete the
improvements as bid.
The TxDOT Green Ribbon Funding provided funding grant paid for the landscape and irrigation
materials, while Westlake is responsible for the installation costs and any project cost over-runs.
The proposed AFA change order number 3 provides funding for the installation of silt fence that
was installed along the perimeter. While this work was not originally included in the plans,
TxDOT deemed it necessary and required the contractor to install.
Once the project has been completed, TXDOT will perform an audit to determine the actual
construction cost and make any applicable adjustments to the amount due to, or from, the Town.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval
ATTACHMENTS
Resolution - Exhibit A
Proposed AFA CO # 3 with TxDOT – Exhibit B
Resolution 13-29
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-29
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCED
FUNDING AGREEMENT FOR CHANGE ORDER NUMBER 3 WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FM 1938 GREEN RIBBON
LANDSCAPE ENHANCEMENTS.
WHEREAS, the City Council finds that wayfinding and landscape enhancements
benefits commuters and citizens and is in the best interest of residential and corporate citizens;
and
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing streets to travel; and
WHEREAS, Westlake desires to provide an attractive road enhancement project; and
WHEREAS, the Town Council finds that the Advanced Funding Agreement for Change
Order number 3 in the amount of $42,249 for work deemed necessary to complete the desired
median landscape improvements consistent with the FM 1938 Streetscape Master Plan; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the Advance
Funding Agreement for Change Order number 3 with the Texas Department of Transportation,
for the construction of landscape enhancements related to FM 1938, attached as Exhibit “A”,
and further authorizes the Town Manager to execute the agreement on behalf of the Town of
Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-29
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013.
_______________________________
Laura Wheat, Mayor
ATTEST:
____________________________ ________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER:3
Third Party Funding Notification Sheet
This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT,
and involves third parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
1. Outside funding provided by:
CCSJ: 1978-01-028
Town of Westlake .
(Outside Entity's Legal Name) Project:STP 2012(570)
2. Type of outside funding agreement for this change: Highway: FM 1938
Existing Amended New County:Tarrant
[ Check one ]
District:Fort Worth
3. Indicate the type and amount of funding:
Contract
Fixed Price (Lump Sum)(Estimated Amount ) Number:05123245
Actual Cost
(a) Contract Items (Bid Items):$42,249.00 Use as needed:
I hereby acknowledge notification of the modifications
(b) E&C*: (a) x 4.88% =$2,061.75 covered by this Change Order.
enter %
(c) Indirect Cost**: (a + b) x =$0.00
enter %Date
TOTAL $44,310.75
By
Typed/Printed Name
Typed/Printed Title
* The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project from approximately
6% to 11% depending on the contract amount of the project. Projects with higher contract amount will have the lower rate
of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in
the "Estimated Cost" of the project.
** Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only,
unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Funding for this Change Order has been arranged:
TxDOT Representative Date
Typed/Printed Name:
TXDOT Form 2146-AFA (Rev. 6/2005)
CONTRACT ID:
PROJECT:
CONTRACT:
CONTRACTOR:
AWARD AMOUNT:
HIGHWAY:
DISTRICT:
COUNTY:
AREA ENGINEER:
AREA NUMBER:
STP 2012(570)
05123245
LEGENDS LANDSCAPES LLC
FM 1938
02
052
TARRANT
DESCRIPTION:Additional Temporary Sediment Control Fence
APPRV LEVEL:OVERRIDE
REASON:CO TYPE:STATE LETTER OF AUTH - PARTICIPATING
CHANGE ORDER NBR. 3
Ricardo Gonzalez, P.E.
197801055
$0.003RD PARTY AMOUNT:
CO AMOUNT:$42,249.00
-
REPORT DATE:
SECONDARY REASON(S):
1B-INCORRECT PS&E (CONSULTANT DESIGN)1B
$856,000.00
PROJECTED AMOUNT: $856,000.00
Extra Work
Functions:
Zero Dollar
Overrun/Underrun
Time Adjustment
Force Account
Final Quantity
Change Project Limits
Delete/Add CSJ
7/10/2013 12:10:17PM
DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY, INCLUDE EXCEPTIONS TO THIS AGREEMENT:
Limits: Entire Project
Description: This change order is necessary to compensate the Contractor for furnishing and installing additional temporary sediment control fence throughout the entire
project. This addition is to control silt and debris until the disturbed areas has been adequately stabilized.
New or Revised Plan Sheet(s): None.
ADDITIONAL TIME NOT NEEDED
DATE
DATE
BY:
THE CONTRACTOR
"By signing this change order, the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses; additional changes for time,
overhead and profit; or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract. Exceptions should be noted in
explanation above."
TYPED/PRINTED TITLE:
TYPED/PRINTED NAME:
AREA ENGINEER:
DATE
DISTRICT ENGINEER:
DATE
DATE
DATE
DIRECTOR, CONSTRUCTION DIVISION:
DEPUTY EXECUTIVE DIRECTOR:
DATE
FHWA:
DATE
AREA ENGINEER'S SEAL:
CONTRACT ID 197801055 CHANGE ORDER NBR. Page 2 of 2 3
CONTRACT ITEMS
PROJECT NBR 197801055
CATG
NBR
LINE ITEM SP
CODE NBR
DESCRIPTION UNIT UNIT
PRICE
ORIG + PREV
REV QTY
QTY
THIS CO
NEW
QTY THIS CO
AMOUNT
ITEM
2.00000 100.000 21,124.500 21,224.500 $42,249.00001013005062034010TEMPORARY SEDIMENT CONTROL FENCE LF
$42,249.00CHANGE ORDER AMOUNT
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Consider a resolution authorizing the Town Manager to execute an agreement
with C. Green Scaping, LP for FM 1938 PH 3 Streetscape enhancements.
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 June 30, 2014
Estimated time of contract
Funding: Amount- $1,621,704.93 Status- Funded Source- Capital Projects Fund
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
1. Existing
Infrastructure
Reinvestment
(Current Assets)
SA 01.3: FM 1938
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
With FM 1938 being a major roadway, Westlake Town Council recognized the importance to the
community’s economic development and sense of place. Therefore, in 2008, the Town Council
approved the first step in developing an enhanced corridor by approving a contract for a
streetscape master plan. Since that time, work that has been completed as a part of the
streetscape master plan includes: enhanced pavement at key intersections, crosswalks, medians,
wheelchair ramps, and the pedestrian tunnel; the Westlake “W” and arched metal railing were
used at the pedestrian underpass; retaining walls were upgraded to be stamped and stained to
mimic the stone used throughout the Town; trees, shrubs and grass planted in the medians. We
are now at the final stage of our streetscape improvement CIP.
The proposed project will include 8' wide concrete trails, trees, shrubs, ornamental grasses,
irrigation, grass (sod), gateway monuments, shade structures, and lighting. The apparent lowest
bidder was C. Green Scaping, LP with a total of $1,621,704.93, which includes the base bid of
$1,113,131.08, a contingency of $25,000.00, Alternate # 1 for $442,155.00, and Alternate # 3 for
$66,418.85.
The 1999 Fidelity developer’s agreement stipulates that Fidelity is responsible for the installation
and maintenance of landscape along the west side of FM 1938 and the medians from Dove Road
to SH 114. To date, we have billed and received approximately $82,000 for the median
plantings. We will bill Fidelity for the remaining improvements according to the developer’s
agreement. The amount to be reimbursed by Fidelity, based on the proposed bid, is
approximately $350,000. Staff will audit the project upon completion to determine the actual
constructed costs and adjust the reimbursement due from Fidelity accordingly.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Resolution
Proposed Agreement – Exhibit A
Resolution 13-30
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
WITH C. GREEN SCAPING, LP FOR FM 1938 PH 3 STREETSCAPE
ENHANCEMENTS.
WHEREAS, the Town Council finds that wayfinding and landscape enhancements
benefits commuters and citizens and is in the best interest of residential and corporate citizens;
and
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing streets to travel; and
WHEREAS, Westlake desires to provide an attractive road enhancement project; and
WHEREAS, the Town Council finds that the proposed contract with C. Green Scaping,
LP is necessary for the construction of the landscape enhancements consistent with the FM 1938
Streetscape Master Plan; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: 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 contract with C. Green Scaping, LP in the amount of $1,621,704.93 for the construction of
FM 1938 PH 3 streetscape enhancements attached here to as Exhibit A; and further authorizes the
Town Manager to execute said contract on behalf of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-30
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Consider a resolution authorizing the Town Manager to execute an agreement
with C. Green Scaping, LP for FM 1938 PH 3 Streetscape enhancements.
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 June 30, 2014
Estimated time of contract
Funding: Amount- $1,621,704.93 Status- Funded Source- Capital Projects Fund
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
1. Existing
Infrastructure
Reinvestment
(Current Assets)
SA 01.3: FM 1938
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
With FM 1938 being a major roadway, Westlake Town Council recognized the importance to the
community’s economic development and sense of place. Therefore, in 2008, the Town Council
approved the first step in developing an enhanced corridor by approving a contract for a
streetscape master plan. Since that time, work that has been completed as a part of the
streetscape master plan includes: enhanced pavement at key intersections, crosswalks, medians,
wheelchair ramps, and the pedestrian tunnel; the Westlake “W” and arched metal railing were
used at the pedestrian underpass; retaining walls were upgraded to be stamped and stained to
mimic the stone used throughout the Town; trees, shrubs and grass planted in the medians. We
are now at the final stage of our streetscape improvement CIP.
The proposed project will include 8' wide concrete trails, trees, shrubs, ornamental grasses,
irrigation, grass (sod), gateway monuments, shade structures, and lighting. The apparent lowest
bidder was C. Green Scaping, LP with a total of $1,621,704.93, which includes the base bid of
$1,113,131.08, a contingency of $25,000.00, Alternate # 1 for $442,155.00, and Alternate # 3 for
$66,418.85.
The 1999 Fidelity developer’s agreement stipulates that Fidelity is responsible for the installation
and maintenance of landscape along the west side of FM 1938 and the medians from Dove Road
to SH 114. To date, we have billed and received approximately $82,000 for the median
plantings. We will bill Fidelity for the remaining improvements according to the developer’s
agreement. The amount to be reimbursed by Fidelity, based on the proposed bid, is
approximately $350,000. Staff will audit the project upon completion to determine the actual
constructed costs and adjust the reimbursement due from Fidelity accordingly.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Resolution
Proposed Agreement – Exhibit A
Resolution 13-30
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
WITH C. GREEN SCAPING, LP FOR FM 1938 PH 3 STREETSCAPE
ENHANCEMENTS.
WHEREAS, the Town Council finds that wayfinding and landscape enhancements
benefits commuters and citizens and is in the best interest of residential and corporate citizens;
and
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing streets to travel; and
WHEREAS, Westlake desires to provide an attractive road enhancement project; and
WHEREAS, the Town Council finds that the proposed contract with C. Green Scaping,
LP is necessary for the construction of the landscape enhancements consistent with the FM 1938
Streetscape Master Plan; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: 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 contract with C. Green Scaping, LP in the amount of $1,621,704.93 for the construction of
FM 1938 PH 3 streetscape enhancements attached here to as Exhibit A; and further authorizes the
Town Manager to execute said contract on behalf of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-30
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Workshop – Discussion Item
Meeting – Consent Agenda
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Discussion and Consideration of Resolution 13-31, Completing
Appointments to the Comprehensive Plan Review and Update Steering
Committee
STAFF CONTACT: Tom Brymer, Town Manager
Decision Points
Start Date Completion Date
Timeframe: September 16, 2013 October 28, 2013 (Note: this is for
appointment of the Steering Committee)
Funding: Amount - $338,950 Status- Funded Source - General Fund
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance Customer Focus CF. Promote Best Practice Policy
Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Page 2 of 3
EXECUTIVE SUMMARY
Reviewing and updating the Town’s existing 1992 Comprehensive Plan (Comp Plan) has been
identified as a Town Council priority. The existing Comprehensive Plan has not had a thorough,
holistic review for possible updating since it was adopted, with the exception of changes to the
land use plan portion of the Comp Plan that were made to reflect previous zoning decisions. As
a point of comparison, in municipalities located in high growth areas like ours, it would be
customary to perform a holistic review and update of the comprehensive plan at least once over a
twenty (20) year time frame. At the August 26, 2013 Regular Meeting, the Town Council
retained MESA Planning as the Planning Consultant to assist the Town in the review and update
of its 1992 Comprehensive Plan
It is important to note that this proposed review and update of the Town’s Comp Plan
utilizes an extensive public participation component through the use of a task force/steering
committee appointed by the Town Council. This public involvement process helps to attain
transparency in the process of reviewing the plan and insures input from the community’s
various stakeholder groups in the Comp Plan’s updated content.
The Role of the Steering Committee: The Westlake Comprehensive Plan Steering Committee
is a central link between the on-going work of the Planning Consultant and the public input that
informs that work. The Steering Committee assures the Town that key public concerns are heard
by the consultant and addressed in the process of plan formulation. As the planning moves
toward finalization, adoption, and application, the Steering Committee emerges as a leadership
that:
• Speaks to adoption of the plan when brought to the Planning Commission and Council
(as the product of a process of community participation)
• Observes and advocates for application of the plan in the on-going decision processes of
governance
• Advises as to the meaning of the plan in areas where such understanding is needed (using
their participation in the Plan Process as a basis for such clarification)
Characteristics of the Steering Committee: Staff and our planning consultant recommend that
the Town Council recruit and appoint community members, land owners, residents, business
people, and other key stakeholders across the Town to this Steering Committee. Further, Staff
recommends that the size of the working group be no more than 12 persons, appointed to the
Committee by the Council. It is also recommended that the Steering Committee have one
chairperson.
Update from September 16, 2013 Town Council Regular Meeting: At this meeting the
Council made some appointments to the Steering Committee on Resolution 13-28 as follows:
Darrell Johnson, Paul Beachamp (pending acceptance), Greg Goble, Joe Schneider (pending
acceptance, note- Mr. Schneider accepted), Alesa Belvedere, Mehrdad Mooayedi or a
representative, Roland Arthur, (pending acceptance). Staff will report on some
recommendations at this workshop meeting about some additional members that the
Council might want to consider placing on this Committee.
Page 3 of 3
Further appointments are needed if Council wishes to make this group 9-12 in size (including a
Town Council liaison), which is the size recommended by Staff. Consequently, this item has
been scheduled for discussion of additional appointments at the workshop. A resolution is on the
regular meeting agenda to appoint remaining members of this Steering Committee.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends a Steering Committee membership of 9-12 members which would include a
chair person and a member of the Town Council to serve as a liaison between the Steering
Committee and Town Council.
ATTACHMENTS
1. Resolution 13-28, approved September 16, 2013
2. Resolution 13-31
3. Resolution 13-31, Exhibit A-Job description for Members of Comprehensive Plan Update
Steering Committee
Resolution 13-31
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, COMPLETING APPOINNTMENT OF THE COMPREHENSIVE PLAN
REVIEW & UPDATE STEERING COMMITTEE.
WHEREAS, the Town Council recognizes the importance of citizen engagement and
involvement as a critical component to the Town’s efforts to review and update its existing
Comprehensive Plan; and,
WHEREAS, the Westlake Town Council has identified as a priority the review and
update of the 1992 Comprehensive Plan and has retained the services of a Planning Consultant
to assist the Town’s efforts in the review process; and,
WHEREAS, to provide for citizen engagement and involvement during this important
process, the Town Council wishes to create and appoint a Comprehensive Plan Steering
Committee to serve as a central link between the on-going work of the Planning Consultant and
the public input that informs that work; and,
WHEREAS, the Town Council intends for the Comprehensive Plan Steering Committee
to represent a cross section of the Town of Westlake and, as such, the Committee will be
constituted of stakeholders including land owners, residents, business people, and other key
Town of Westlake stakeholders; and,
WHEREAS, The Comprehensive Plan Steering Committee is intended to assure the
Town that key public concerns are heard by the Planning Consultant and addressed in the
process of plan review and formulation and the Town Council Appointed Some Members to this
Committee at its September 16, 2013 Regular Meeting and Wishes to Complete These
Appointments; 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 appointed the following
persons to the Comprehensive Plan Update Steering Committee at the Council’s September 16,
2013 Regular Meeting and approved Resolution 13-28 as follows:
Darrell Johnson Paul Beauchamp (pending acceptance)
Resolution 13-31
Page 2 of 2
Greg Goble Joe Schneider
Alesa Belvedere Roland Arthur, (pending acceptance)
Mehrdad Moayedi or a representative
SECTION 3: That the Town of the Westlake Town Council wishes to complete the
appointment of remaining members of the Comprehensive Plan Update Steering Committee as
follows:
NAMES TO BE INSERTED
SECTION 4: That, the Town Council approves the attached Exhibit “A” as a part of this
resolution providing a general description of the scope and duties of this Steering Committee as
it works with the Town’s Planning Consultant on the update and review of the Town’s 1992
Comprehensive Plan.
SECTION 5: 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 6: That, this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kelly Edwards, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
Page 1 of 2
FORGING THE FUTURE: WESTLAKE COMPREHENSIVE PLAN UPDATE STEERING COMMITTEE JOB
DESCRIPTION
The Role of the Steering Committee: The Westlake Comprehensive Plan Steering Committee is a central
link between the on-going work of the Planning Consultant and the Public Input that informs that work.
The Steering Committee assures the City that key public concerns are heard by the consultant and
addressed in the process of plan formulation. As the planning process moves toward finalization,
adoption, and application; the Steering Committee emerges as a leadership that:
• Speaks to adoption of the plan when brought to the Commission and Council (as the product of
a process of community participation)
• Observes and advocates for application of the plan in the on-going decision processes of
governance
• Advises as to the meaning of the plan in areas where such understanding is needed (using their
participation in the Plan Process as a basis for such clarification)
Characteristics of the Steering Committee: Efforts will be made to recruit community members, land
owners, residents, business people, and other key stakeholders across the Town of Westlake. The size
of the working group will be no more than 12 persons, appointed to the Steering Committee by the
Town Council. The working group will have one chairperson.
Responsibilities of the Steering Committee Member: In order to fulfill the above described role, each
member of the Steering Committee is an active participant in the planning process with the following
responsibilities:
• Steering Committee members will be asked to speak in behalf of the Comprehensive Plan as it
moves toward completion.
• Steering Committee members will be asked to lead discussion groups during the public
participation process
• Steering Committee members will be asked to review materials to be presented to pubic
workshops.
• Steering Committee members will be asked to clarify public input received.
• More specifically, members of the Steering Committee will:
o Attend the Kick-off meeting with the consultant Planning Team to become familiar with
the scope of work, the planning process, and the general materials that the plan must
address.
Page 2 of 2
o Attend three pre-public workshop work sessions to become familiar with the
consultant’s work to date, review material to be presented at each of the public
workshops, comment on the workshop materials, collaborate with the consultant as to
the sequence of workshop events, understand the Committee Members’ role in each
workshop, and strategize with the consultant as to how attendance can be maximized.
o Attend each of the three public workshops, performing the following workshop
activities:
Workshop #1: Goals and Objectives
Leading breakout group sessions and document key points of discussion on a
flip chart
Presenting the key ideas, suggestions, comments, concerns identified during the
break-out group to the full body of participants (assembled after the break-out
group discussions are completed)
Help the Consultant team understand the input received
Workshop #2: Planning Framework
Same as above
Public Workshop #3: Putting It All Together (Town hall Session)
Monitor one of the Plan Component Stations (such as a land use station) set up
for the public review as they walk among all stations
Answer questions posed by participants
Document further key inputs
o Attend a post workshop/ pre-report submittal work session to review the final plan
components, public input received at Workshop #3, and strategize regarding plan
adoption
o Attend Public Hearings during the process of plan consideration and adoption.
Members of the Steering Committee will lead the presentation by introduction and
closing statements.
o Help launch/ establish a planning advisory committee that will be an on-going link
between the plan process and plan application over time.
Time Commitments: It is anticipated that a minimum of 20 hours will be devoted to meetings over the 9
month duration of the plan process.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion
Regular Meeting - Consent
Westlake Town Council Workshop Meeting
Monday, October 28, 2013
TOPIC: Discussion and consideration of adopting an ordinance 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”.
STAFF CONTACT: Debbie Piper, Finance Director
Decision Points
Start Date Completion Date
Timeframe: October 28, 2013 January 7, 2014
Funding: Amount- None. 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
N/A SA 09B1: Financial Analysis
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Tom Lawrence, our financial advisor, has been closel y watching the bond rates and working
the numbers in order to notify the Town at the earliest time it would be beneficial to refund a
portion of our bonds. He has identified significant estimated cost savings that can be obtained
by moving forward on the refunding of certain 2003 Certificates of Obligation previously issued
by the Town. He has forwarded the attached report to make us aware of potential savings if we
proceed.
As stated in our Financial Policies, the present value savings of a particular refunding should
exceed 3.5% of the principal amount to be refunded. The attached report, based on current
interest rates (as of October 18, 2013), reflects present values savings of 8%, with an overall
savings of $221,944 (page 1 of report).
This proposed refunding would need to close after December 31st for “bank-qualified” status
due to the Certificates of Obligation issued earlier this year. The sale could occur this year
(some time after Thanksgiving), but the closing would need to be set for the first week of
January or later.
Staff is also recommending the Council consider adopting a “Delegated Pricing” ordinance that
gives us more timing flexibility. This is a more flexible approach than the traditional method of
locking in an interest rate on the day that the Town Council meets to approve the sale of the
bonds. This involves the Council approving a set of parameters that must be met before the
refunding bonds could be issued. Such parameters include, among others, maximum amount of
refunding bonds (e.g. $7 million), minimum amount of present value savings (e.g. 5.0%) and a
time limit for completing the transaction, (e.g. six months). In addition to establishing
parameters, a Delegated Pricing Ordinance delegates the final approval of the refunding bonds
to its staff, e.g. Town Manager or Finance Director, who would have to sign off on the
transaction before a bond sale and closing may occur. No further Council action would be
required.
A schedule is attached of the events that will need to take place if we move forward with the
bond refunding and “Delegated Pricing” ordinance in October.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval of an ordinance authorizing the issuance of general obligation
refunding bonds, including “Delegated Pricing” at the October Council meeting in order for
Town Staff to take advantage of rates when they are at a point that best benefits the Town
regarding the refunding.
Attachments
a) Schedule of Events
b) Refunding report prepared by Lawrence Financial Consulting LLC
c) Ordinance
TOWN OF WESTLAKE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014
SCHEDULE OF EVENTS
(Council Meeting Dates Highlighted)
Action Date
Bond Sale/Delegated Pricing Approved by Town Council10/28/13
Application for Credit Rating; initial draft of POS distributed 10/31/13
Credit Rating Received 11/18/13
Preliminary Official Statement Distributed to Investors11/21/13
Bond Pricing Completed 12/04/13
Bond Counsel Submits Transcript to AG for Review12/06/13
Final Official Statement printed12/11/13
Closing Memorandum Distributed12/12/13
Attorney General Approval Received01/03/14
Closing 01/07/14
Lawrence Financial Consulting LLC 10/18/2013
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Table of Contents
Report
Debt Service Comparison 1
Debt Service Schedule 2
Pricing Summary 4
Total Refunded Debt Service 5
Debt Service To Maturity And To Call 6
Operation of Current Refunding 8
Escrow Summary Cost 9
Refunding Summary 10
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service Comparison
Date Total P+I
Existing
D/S Net New D/S Old Net D/S Savings
09/30/2014 40,850.78 178,390.63 219,241.41 223,705.63 4,464.22
09/30/2015 260,510.00 -260,510.00 275,630.00 15,120.00
09/30/2016 261,560.00 -261,560.00 273,230.00 11,670.00
09/30/2017 64,470.00 -64,470.00 75,250.00 10,780.00
09/30/2018 64,290.00 -64,290.00 75,250.00 10,960.00
09/30/2019 64,110.00 -64,110.00 75,250.00 11,140.00
09/30/2020 63,930.00 -63,930.00 75,250.00 11,320.00
09/30/2021 63,750.00 -63,750.00 75,250.00 11,500.00
09/30/2022 63,570.00 -63,570.00 75,250.00 11,680.00
09/30/2023 63,390.00 -63,390.00 75,250.00 11,860.00
09/30/2024 63,210.00 -63,210.00 75,250.00 12,040.00
09/30/2025 63,030.00 -63,030.00 75,250.00 12,220.00
09/30/2026 62,850.00 -62,850.00 75,250.00 12,400.00
09/30/2027 62,670.00 -62,670.00 75,250.00 12,580.00
09/30/2028 62,490.00 -62,490.00 75,250.00 12,760.00
09/30/2029 412,000.00 -412,000.00 425,250.00 13,250.00
09/30/2030 409,200.00 -409,200.00 422,750.00 13,550.00
09/30/2031 414,000.00 -414,000.00 424,500.00 10,500.00
09/30/2032 413,100.00 -413,100.00 425,250.00 12,150.00
Total $2,972,980.78 $178,390.63 $3,151,371.41 $3,373,315.63 $221,944.22
PV Analysis Summary (Net to Net)
Gross PV Debt Service Savings 158,328.82
Net PV Cashflow Savings @ 3.742%(TIC)158,328.82
Contingency or Rounding Amount 484.30
Net Present Value Benefit $158,813.12
Net PV Benefit / $1,880,000 Refunded Principal 8.448%
Net PV Benefit / $1,980,000 Refunding Principal 8.021%
Refunding Bond Information
Refunding Dated Date 1/07/2014
Refunding Delivery Date 1/07/2014
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 1
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service Schedule Part 1 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
01/07/2014 -----
08/15/2014 --40,850.78 40,850.78 -
09/30/2014 ----40,850.78
02/15/2015 195,000.00 2.000%33,730.00 228,730.00 -
08/15/2015 --31,780.00 31,780.00 -
09/30/2015 ----260,510.00
02/15/2016 200,000.00 2.000%31,780.00 231,780.00 -
08/15/2016 --29,780.00 29,780.00 -
09/30/2016 ----261,560.00
02/15/2017 5,000.00 3.600%29,780.00 34,780.00 -
08/15/2017 --29,690.00 29,690.00 -
09/30/2017 ----64,470.00
02/15/2018 5,000.00 3.600%29,690.00 34,690.00 -
08/15/2018 --29,600.00 29,600.00 -
09/30/2018 ----64,290.00
02/15/2019 5,000.00 3.600%29,600.00 34,600.00 -
08/15/2019 --29,510.00 29,510.00 -
09/30/2019 ----64,110.00
02/15/2020 5,000.00 3.600%29,510.00 34,510.00 -
08/15/2020 --29,420.00 29,420.00 -
09/30/2020 ----63,930.00
02/15/2021 5,000.00 3.600%29,420.00 34,420.00 -
08/15/2021 --29,330.00 29,330.00 -
09/30/2021 ----63,750.00
02/15/2022 5,000.00 3.600%29,330.00 34,330.00 -
08/15/2022 --29,240.00 29,240.00 -
09/30/2022 ----63,570.00
02/15/2023 5,000.00 3.600%29,240.00 34,240.00 -
08/15/2023 --29,150.00 29,150.00 -
09/30/2023 ----63,390.00
02/15/2024 5,000.00 3.600%29,150.00 34,150.00 -
08/15/2024 --29,060.00 29,060.00 -
09/30/2024 ----63,210.00
02/15/2025 5,000.00 3.600%29,060.00 34,060.00 -
08/15/2025 --28,970.00 28,970.00 -
09/30/2025 ----63,030.00
02/15/2026 5,000.00 3.600%28,970.00 33,970.00 -
08/15/2026 --28,880.00 28,880.00 -
09/30/2026 ----62,850.00
02/15/2027 5,000.00 3.600%28,880.00 33,880.00 -
08/15/2027 --28,790.00 28,790.00 -
09/30/2027 ----62,670.00
02/15/2028 5,000.00 3.600%28,790.00 33,790.00 -
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 2
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service Schedule Part 2 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
08/15/2028 --28,700.00 28,700.00 -
09/30/2028 ----62,490.00
02/15/2029 360,000.00 3.000%28,700.00 388,700.00 -
08/15/2029 --23,300.00 23,300.00 -
09/30/2029 ----412,000.00
02/15/2030 370,000.00 4.000%23,300.00 393,300.00 -
08/15/2030 --15,900.00 15,900.00 -
09/30/2030 ----409,200.00
02/15/2031 390,000.00 4.000%15,900.00 405,900.00 -
08/15/2031 --8,100.00 8,100.00 -
09/30/2031 ----414,000.00
02/15/2032 405,000.00 4.000%8,100.00 413,100.00 -
09/30/2032 ----413,100.00
Total $1,980,000.00 -$992,980.78 $2,972,980.78 -
Yield Statistics
Bond Year Dollars $26,554.00
Average Life 13.411 Years
Average Coupon 3.7394772%
Net Interest Cost (NIC)3.7552967%
True Interest Cost (TIC)3.7420844%
Bond Yield for Arbitrage Purposes 3.6437444%
All Inclusive Cost (AIC)3.9985637%
IRS Form 8038
Net Interest Cost 3.6935032%
Weighted Average Maturity 13.381 Years
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 3
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Pricing Summary
Maturity Type of Bond Coupon Yield
Maturity
Value Price Dollar Price
02/15/2015 Serial Coupon 2.000%0.500%195,000.00 101.651% 198,219.45
02/15/2016 Serial Coupon 2.000%0.700%200,000.00 102.712% 205,424.00
02/15/2028 Term 1 Coupon 3.600%3.600%60,000.00 100.000% 60,000.00
02/15/2029 Serial Coupon 3.000%3.500%360,000.00 94.170% 339,012.00
02/15/2030 Serial Coupon 4.000%3.650%370,000.00 102.687%c 379,941.90
02/15/2031 Serial Coupon 4.000%3.750%390,000.00 101.910%c 397,449.00
02/15/2032 Serial Coupon 4.000%3.850%405,000.00 101.139%c 409,612.95
Total ---$1,980,000.00 --$1,989,659.30
Bid Information
Par Amount of Bonds $1,980,000.00
Reoffering Premium or (Discount)9,659.30
Gross Production $1,989,659.30
Total Underwriter's Discount (0.700%)$(13,860.00)
Bid (99.788%)1,975,799.30
Total Purchase Price $1,975,799.30
Bond Year Dollars $26,554.00
Average Life 13.411 Years
Average Coupon 3.7394772%
Net Interest Cost (NIC)3.7552967%
True Interest Cost (TIC)3.7420844%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 4
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2003
Total Refunded Debt Service
Date Principal Coupon Interest Total P+I
05/01/2014 -3.875%45,315.00 45,315.00
05/01/2015 185,000.00 4.000%90,630.00 275,630.00
05/01/2016 190,000.00 4.200%83,230.00 273,230.00
05/01/2017 --75,250.00 75,250.00
05/01/2018 --75,250.00 75,250.00
05/01/2019 --75,250.00 75,250.00
05/01/2020 --75,250.00 75,250.00
05/01/2021 --75,250.00 75,250.00
05/01/2022 --75,250.00 75,250.00
05/01/2023 --75,250.00 75,250.00
05/01/2024 --75,250.00 75,250.00
05/01/2025 --75,250.00 75,250.00
05/01/2026 --75,250.00 75,250.00
05/01/2027 --75,250.00 75,250.00
05/01/2028 --75,250.00 75,250.00
05/01/2029 350,000.00 5.000%75,250.00 425,250.00
05/01/2030 365,000.00 5.000%57,750.00 422,750.00
05/01/2031 385,000.00 5.000%39,500.00 424,500.00
05/01/2032 405,000.00 5.000%20,250.00 425,250.00
Total $1,880,000.00 -$1,314,925.00 $3,194,925.00
Yield Statistics
Base date for Avg. Life & Avg. Coupon Calculation 1/07/2014
Average Life 13.875 Years
Average Coupon 4.9771628%
Weighted Average Maturity (Par Basis) 13.875 Years
Refunding Bond Information
Refunding Dated Date 1/07/2014
Refunding Delivery Date 1/07/2014
2003 after 2011 rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 5
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service To Maturity And To Call Part 1 of 2
Date
Refunded
Bonds
Interest to
Call D/S To Call Principal Interest
Refunded
D/S Fiscal Total
05/01/2014 1,880,000.00 45,315.00 1,925,315.00 -45,315.00 45,315.00 -
09/30/2014 ------45,315.00
11/01/2014 ----45,315.00 45,315.00 -
05/01/2015 ---185,000.00 45,315.00 230,315.00 -
09/30/2015 ------275,630.00
11/01/2015 ----41,615.00 41,615.00 -
05/01/2016 ---190,000.00 41,615.00 231,615.00 -
09/30/2016 ------273,230.00
11/01/2016 ----37,625.00 37,625.00 -
05/01/2017 ----37,625.00 37,625.00 -
09/30/2017 ------75,250.00
11/01/2017 ----37,625.00 37,625.00 -
05/01/2018 ----37,625.00 37,625.00 -
09/30/2018 ------75,250.00
11/01/2018 ----37,625.00 37,625.00 -
05/01/2019 ----37,625.00 37,625.00 -
09/30/2019 ------75,250.00
11/01/2019 ----37,625.00 37,625.00 -
05/01/2020 ----37,625.00 37,625.00 -
09/30/2020 ------75,250.00
11/01/2020 ----37,625.00 37,625.00 -
05/01/2021 ----37,625.00 37,625.00 -
09/30/2021 ------75,250.00
11/01/2021 ----37,625.00 37,625.00 -
05/01/2022 ----37,625.00 37,625.00 -
09/30/2022 ------75,250.00
11/01/2022 ----37,625.00 37,625.00 -
05/01/2023 ----37,625.00 37,625.00 -
09/30/2023 ------75,250.00
11/01/2023 ----37,625.00 37,625.00 -
05/01/2024 ----37,625.00 37,625.00 -
09/30/2024 ------75,250.00
11/01/2024 ----37,625.00 37,625.00 -
05/01/2025 ----37,625.00 37,625.00 -
09/30/2025 ------75,250.00
11/01/2025 ----37,625.00 37,625.00 -
05/01/2026 ----37,625.00 37,625.00 -
09/30/2026 ------75,250.00
11/01/2026 ----37,625.00 37,625.00 -
05/01/2027 ----37,625.00 37,625.00 -
09/30/2027 ------75,250.00
11/01/2027 ----37,625.00 37,625.00 -
05/01/2028 ----37,625.00 37,625.00 -
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 6
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Debt Service To Maturity And To Call Part 2 of 2
Date
Refunded
Bonds
Interest to
Call D/S To Call Principal Interest
Refunded
D/S Fiscal Total
09/30/2028 ------75,250.00
11/01/2028 ----37,625.00 37,625.00 -
05/01/2029 ---350,000.00 37,625.00 387,625.00 -
09/30/2029 ------425,250.00
11/01/2029 ----28,875.00 28,875.00 -
05/01/2030 ---365,000.00 28,875.00 393,875.00 -
09/30/2030 ------422,750.00
11/01/2030 ----19,750.00 19,750.00 -
05/01/2031 ---385,000.00 19,750.00 404,750.00 -
09/30/2031 ------424,500.00
11/01/2031 ----10,125.00 10,125.00 -
05/01/2032 ---405,000.00 10,125.00 415,125.00 -
09/30/2032 ------425,250.00
Total $1,880,000.00 $45,315.00 $1,925,315.00 $1,880,000.00 $1,314,925.00 $3,194,925.00 -
Yield Statistics
Base date for Avg. Life & Avg. Coupon Calculation 1/07/2014
Average Life 13.875 Years
Average Coupon 5.0408595%
Weighted Average Maturity (Par Basis) 13.875 Years
Refunding Bond Information
Refunding Dated Date 1/07/2014
Refunding Delivery Date 1/07/2014
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 7
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Operation of Current Refunding
Date Principal Rate Receipts Disbursements
Cash
Balance
01/07/2014 -----
05/01/2014 1,925,315.00 -1,925,315.00 1,925,315.00 -
Total $1,925,315.00 -$1,925,315.00 $1,925,315.00 -
Investment Parameters
Investment Model [PV, GIC, or Securities]Securities
Default investment yield target Bond Yield
Cost of Investments Purchased with Bond Proceeds 1,925,315.00
Total Cost of Investments $1,925,315.00
Target Cost of Investments at bond yield $1,903,425.04
Actual positive or (negative) arbitrage (21,889.96)
Yield to Receipt -3.92E-11
Yield for Arbitrage Purposes 3.6437444%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 8
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Escrow Summary Cost
Maturity Type Coupon Yield $ Price
Par
Amount
Principal
Cost
+Accrued
Interest = Total Cost
Escrow
05/01/2014 SLGS-CI --100.0000000%1,925,315 1,925,315.00 -1,925,315.00
Subtotal ---$1,925,315 $1,925,315.00 -$1,925,315.00
Total ---$1,925,315 $1,925,315.00 -$1,925,315.00
Escrow
Cost of Investments Purchased with Bond Proceeds 1,925,315.00
Total Cost of Investments $1,925,315.00
Delivery Date 1/07/2014
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 9
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Refunding Summary Part 1 of 2
Dated 01/07/2014 | Delivered 01/07/2014
Sources Of Funds
Par Amount of Bonds $1,980,000.00
Reoffering Premium 9,659.30
Total Sources $1,989,659.30
Uses Of Funds
Deposit to Net Cash Escrow Fund 1,925,315.00
Costs of Issuance 50,000.00
Total Underwriter's Discount (0.700%)13,860.00
Rounding Amount 484.30
Total Uses $1,989,659.30
Flow of Funds Detail
State and Local Government Series (SLGS) rates for 3/15/2013
Date of OMP Candidates
Net Cash Escrow Fund Solution Method Net Funded
Total Cost of Investments $1,925,315.00
Total Draws $1,925,315.00
Issues Refunded And Call Dates
2003 after 2011 rfd 5/01/2014
PV Analysis Summary (Net to Net)
Net PV Cashflow Savings @ 3.742%(TIC)158,328.82
Contingency or Rounding Amount 484.30
Net Present Value Benefit $158,813.12
Net PV Benefit / $1,880,000 Refunded Principal 8.448%
Net PV Benefit / $1,980,000 Refunding Principal 8.021%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 10
Town of Westlake, Texas
General Obligation Refunding Bonds, Series 2014
Refunding Summary Part 2 of 2
Dated 01/07/2014 | Delivered 01/07/2014
Bond Statistics
Average Life 13.411 Years
Average Coupon 3.7394772%
Net Interest Cost (NIC)3.7552967%
Bond Yield for Arbitrage Purposes 3.6437444%
True Interest Cost (TIC)3.7420844%
All Inclusive Cost (AIC)3.9985637%
2014 Rfd | SINGLE PURPOSE | 10/18/2013 | 2:18 PM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 11
Ordinance 718
Page 1 of 28
TOWN OF WESTLAKE
ORDINANCE NO. 718
ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF WESTLAKE, TEXAS,
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 RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF TARRANT AND DENTON §
TOWN OF WESTLAKE §
WHEREAS, there are presently the outstanding obligations of the Town of Westlake, Texas (the
"Issuer") described in Schedule I attached hereto, collectively, the "Eligible Refunded Obligations";
WHEREAS, the Issuer now desires to refund all or part of the Eligible Refunded Obligations,
and those Eligible Refunded Obligations designated by the Pricing Officer in the Pricing Certificate, each
as defined below, to be refunded are herein referred to as the "Refunded Obligations";
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding
bonds and to deposit the proceeds from the sale thereof, together with any other available funds or
resources, directly with a paying agent for any of the Refunded Obligations or a trust company or
commercial bank that does not act as a depository for the Issuer and is named in these proceedings, and
such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the making
of firm banking and financial arrangements for the discharge and final payment of the Refunded
Obligations;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into
an escrow or similar agreement with such paying agent for the Refunded Obligations or trust company or
commercial bank with respect to the safekeeping, investment, reinvestment, administration and
disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent or
trust company or commercial bank may agree;
WHEREAS, this Town Council hereby finds and determines that it is a public purpose and in the
best interests of the Issuer to refund the Refunded Obligations in order to achieve a present value debt
service savings of not less than 5.00%, with such savings, among other information and terms to be
included in a pricing certificate (the "Pricing Certificate") to be executed by the Pricing Officer
(hereinafter designated), all in accordance with the provisions of Section 1207.007, Texas Government
Code;
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity
within 20 years of the date of the bonds hereinafter authorized;
WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to said
Chapter 1207, Texas Government Code; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject matter
Ordinance 718
Page 2 of 28
of the public business to be considered and acted upon at said meeting, including this Ordinance, was
given, all as required by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS:
SECTION 1. RECITALS, AMOUNT, PURPOSE AND DESIGNATION OF THE BONDS.
(a) The recitals set forth in the preamble hereof are incorporated herein and shall have the same
force and effect as if set forth in this Section.
(b) The bonds of the Town of Westlake, Texas (the "Issuer") are hereby authorized to be issued
and delivered in the aggregate principal amount hereinafter provided for the public purpose of providing
funds to refund a portion of the Issuer's outstanding indebtedness and to pay the costs incurred in
connection with the issuance of the Bonds.
(c) Each bond issued pursuant to this Ordinance shall be designated: "TOWN OF WESTLAKE,
TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2014," and initially there shall be
issued, sold, and delivered hereunder fully registered Bonds, without interest coupons, payable to the
respective registered owners thereof (with the initial bonds being made payable to the initial purchaser as
described in Section 10 hereof), or to the registered assignee or assignees of said bonds or any portion or
portions thereof (in each case, the "Registered Owner"). The Bonds shall be in the respective
denominations and principal amounts, shall be numbered, shall mature and be payable on the date or dates
in each of the years and in the principal amounts, and shall bear interest to their respective dates of
maturity or redemption prior to maturity at the rates per annum, as set forth in the Pricing Certificate.
SECTION 2. DELEGATION TO PRICING OFFICER.
(a) As authorized by Section 1207.007, Texas Government Code, as amended, the Town
Manager or Finance Director of the Town, or either of them (the "Pricing Officer"), are hereby authorized
to act on behalf of the Issuer in selling and delivering the Bonds, determining which of the Eligible
Refunded Obligations shall be refunded and carrying out the other procedures specified in this Ordinance,
including, determining the date of the Bonds, any additional or different designation or title by which the
Bonds shall be known, the price at which the Bonds will be sold, the years in which the Bonds will
mature, the principal amount to mature in each of such years, the rate of interest to be borne by each such
maturity, the interest payment and record dates, the price and terms upon and at which the Bonds shall be
subject to redemption prior to maturity at the option of the Issuer, as well as any mandatory sinking fund
redemption provisions, whether the Bonds shall be issued on a tax-exempt basis or on a taxable basis,
whether the Bonds shall be designated as "qualified tax-exempt obligations" as defined in section
265(b)(3) of the of the Code, and all other matters relating to the issuance, sale, and delivery of the Bonds
and the refunding of the Refunded Bonds, including without limitation establishing the redemption date
for and effecting the redemption of the Refunded Obligations and obtaining the Permanent School Fund
guarantee for the Bonds, if available, and/or procuring municipal bond insurance, including the execution
of any commitment agreements, membership agreements in mutual insurance companies, and other
similar agreements, for all or any portion of the Bonds and providing for the terms and provisions thereof
applicable to the Bonds, all of which shall be specified in the Pricing Certificate; provided that:
(i) the aggregate original principal amount of the Bonds shall not exceed $2,100,000;
(ii) the refunding must produce a present value debt service savings of at least 5.00%;
Ordinance 718
Page 3 of 28
(iii) the true interest cost of the Bonds shall not exceed 4.50% per annum provided that the net
effective interest rate on the Bonds shall not exceed the maximum rate set forth in Chapter 1204,
Texas Government Code, as amended;
(iv) the final maturity of the Bonds may not be later than May 1, 2032; and
(v) the delegation made hereby shall expire if not exercised by the Pricing Officer on or before
April 28, 2014.
(b) In establishing the aggregate principal amount of the Bonds, the Pricing Officer shall
establish an amount not exceeding the amount authorized in Subsection (a) hereof, which shall be
sufficient in amount to provide for the purposes for which the Bonds are authorized and to pay costs of
issuing the Bonds. The Bonds shall be sold with and subject to such terms as set forth in the Pricing
Certificate.
SECTION 3. CHARACTERISTICS OF THE BONDS.
(a) Registration, Transfer, Conversion and Exchange. The selection and appointment of the
paying agent/registrar for the Bonds (the "Paying Agent/Registrar") shall be as provided in the Pricing
Certificate. The Mayor or the Town Manager is authorized and directed to execute and deliver in the
name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with
the Paying Agent/Registrar in substantially the form presented at this meeting
(b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept
at the corporate trust office of the Paying Agent/Registrar books or records for the registration of the
transfer, conversion and exchange of the Bonds (the "Registration Books"), and the Issuer hereby
appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and
make such registrations of transfers, conversions and exchanges under such reasonable regulations as the
Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided within three days of presentation in
due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the
address of the registered owner of each Bond to which payments with respect to the Bonds shall be
mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying
Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments
shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the
Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law,
shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such registration, transfer, conversion, exchange and
delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and
exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF
BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it
from each other Bond.
(c) Authentication. Except as provided in subsection (i) of this section, an authorized
representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and
manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond
is so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered
for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted
by the governing body of the Issuer or any other body or person so as to accomplish the foregoing
conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for
the printing, execution and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to
Ordinance 718
Page 4 of 28
Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of Bonds as
aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the
converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and
with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance,
approved by the Attorney General, and registered by the Comptroller of Public Accounts.
(d) Payment of Principal and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all as
provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made
by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and
exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event
of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record
date for such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer.
Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall
be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special
Record Date by United States mail, first class postage prepaid, to the address of each registered owner
appearing on the Registration Books at the close of business on the last business day next preceding the
date of mailing of such notice.
(e) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the
contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in
whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the
purpose of payment of principal and interest with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar
shall pay all principal of and interest on the Bonds only to or upon the order of the registered owners, as
shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
Issuer's obligations with respect to payment of principal of and interest on the Bonds to the extent of the
sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall
receive a Bond certificate evidencing the obligation of the Issuer to make payments of principal and
interest pursuant to this Ordinance.
(f) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at
all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank,
trust company, financial institution or other agency to act as and perform the services of Paying
Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one
entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to
have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered
to each Paying Agent/Registrar.
(g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying
Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date
after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its
successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the
Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company,
financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any
change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records
relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon
any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be
Ordinance 718
Page 5 of 28
sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail,
first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar.
(g) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the
purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully
registered Bond for each of the maturities thereof and the ownership of each such Bond shall be registered
in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and
except as provided in subsections (i) and (j) of this Section, all of the outstanding Bonds shall be
registered in the name of Cede & Co., as nominee of DTC.
(h) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter
of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the
provisions thereof shall be fully applicable to the Bonds. Notwithstanding anything to the contrary
contained herein, while the Bonds are subject to DTC's Book-Entry Only System and to the extent
permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall
prevail over any other provisions of this Ordinance in the event of conflict.
(i) Bonds Registered in the Name of Cede & Co. With respect to Bonds registered in the name
of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no
responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing
corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to
hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants
or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without
limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any
DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC
Participant or any other person, other than a registered owner of Bonds, as shown on the Registration
Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other
person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with
respect to principal of or interest on the Bonds. Upon delivery by DTC to the Paying Agent/Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co.,
and subject to the provisions in this Ordinance with respect to interest checks being mailed to the
registered owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance
shall refer to such new nominee of DTC.
(j) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event
that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in
the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities
depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as
amended, notify DTC and DTC Participants of the appointment of such successor securities depository
and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and
DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to
DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer
be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of
DTC, but may be registered in the name of the successor securities depository, or its nominee, or in
whatever name or names registered owners transferring or exchanging Bonds shall designate, in
accordance with the provisions of this Ordinance.
(k) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments
Ordinance 718
Page 6 of 28
with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be
made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC.
(l) General Characteristics of the Bonds. The Bonds (i) shall be issued in fully registered form,
without interest coupons, with the principal of and interest on such Bonds to be payable only to the
Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be
transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the
characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest
on the Bonds shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the
Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the
manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance.
The Bonds initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be,
authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and
exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute
the Paying Agent/registrar's Authentication Bond, in the FORM OF BOND set forth in this Ordinance.
(m) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire
principal amount of the Bonds, payable in stated installments to the order of the initial purchaser of the
Bonds or its designee, executed by manual or facsimile signature of the President and Secretary of the
Board, approved by the Attorney General of Texas, and registered and manually signed by the
Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee.
Upon payment for the initial Bond, the Paying Agent/Registrar shall insert the Issuance Date on Bond No.
T-1, cancel each of the initial Bonds and deliver to The Depository Trust Company ("DTC") on behalf of
such purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate
principal amount of all of the Bonds for such maturity, registered in the name of Cede & Co., as nominee
of DTC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System,
pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall
hold the definitive Bonds in safekeeping for DTC.
SECTION 4. FORM OF BONDS. The form of the Bonds, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows,
with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance,
and with the Bonds to be completed with information set forth in the Pricing Certificate.
(a) Form of Bond.
NO. R- UNITED STATES OF AMERICA
STATE OF TEXAS
PRINCIPAL
AMOUNT
$________
TOWN OF WESTLAKE, TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2014
INTEREST RATE DATE OF BONDS MATURITY
DATE
CUSIP NO.
____________ ____________ ____________ ____________
REGISTERED OWNER:
Ordinance 718
Page 7 of 28
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the Town of Westlake, in Tarrant and Denton
Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of
Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter
called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified
above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from ___________, _____ at the Interest Rate per annum
specified above. Interest is payable on ______________, ____ and semiannually on each
_____________ and _____________ thereafter to the Maturity Date specified above, or the date of
redemption prior to maturity; except, if this Bond is required to be authenticated and the date of its
authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear
interest from the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date but on or before the next following interest payment date, in
which case such principal amount shall bear interest from such next following interest payment date;
provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any,
for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest
from the date to which such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United
States of America, without exchange or collection charges. The principal of this Bond shall be paid to the
registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed
for its redemption prior to maturity, at the principal corporate trust office of ___________________,
______, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this
Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest
payment date by check or draft, dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the
issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner
hereof, at its address as it appeared on the ________________ day of the month preceding each such date
(the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter
described. In addition, interest may be paid by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-
payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such
interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and
when funds for the payment of such interest have been received from the Issuer. Notice of the Special
Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the
Special Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the
Registration Books at the close of business on the last business day next preceding the date of mailing of
such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to
maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this
Bond for payment or redemption at the principal corporate trust office of the Paying Agent/Registrar.
The Issuer covenants with the registered owner of this Bond that on or before each principal payment date
and interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the
"Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the
payment, in immediately available funds, of all principal of and interest on the Bonds, when due.
Ordinance 718
Page 8 of 28
IF THE DATE for any payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate
trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close,
then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal
holiday or day on which banking institutions are authorized to close; and payment on such date shall have
the same force and effect as if made on the original date payment was due.
THIS BOND is one of a series of Bonds dated _________________, ______, authorized in
accordance with the Constitution and laws of the State of Texas in the principal amount of
$____________ for the public purposes of refunding certain outstanding obligations of the Issuer, and to
pay the costs incurred in connection with the issuance of the Bonds.
ON _____________________, or on any date thereafter, the Bonds of this series may be
redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any
available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof,
to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be
redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to
be redeemed plus accrued interest to the date fixed for redemption.
THE BONDS scheduled to mature on _____________ in the years ____ and ____ (the "Term
Bonds") are subject to scheduled mandatory redemption by the Paying Agent/Registrar by lot, or by any
other customary method that results in a random selection, at a price equal to the principal amount
thereof, plus accrued interest to the redemption date, out of moneys available for such purpose in the
interest and sinking fund for the Bonds, on the dates and in the respective principal amounts, set forth in
the following schedule:
Term Bond
Maturity: _________, ____
Term Bond
Maturity: _________, ____
Mandatory Redemption Date
Principal
Amount
Mandatory Redemption Date
Principal
Amount
_________, ____ $___________ _________, ____ $___________
_________, ____ ___________ _________, ____ ___________
_________, ____ (maturity) ___________ _________, ____ (maturity) ___________
The principal amount of Term Bonds of a stated maturity required to be redeemed on any mandatory
redemption date pursuant to the operation of the mandatory sinking fund redemption provisions shall be
reduced, at the option of the District, by the principal amount of any Term Bonds of the same maturity
which, at least 50 days prior to a mandatory redemption date (1) shall have been acquired by the District
at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of
purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been
purchased and canceled by the Paying Agent/Registrar at the request of the District at a price not
exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase, or (3)
shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited
against a mandatory redemption requirement.
IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either
been deposited with the Paying Agent/Registrar or legally authorized escrow agent immediately available
funds sufficient to redeem all the Bonds called for redemption, such notice may state that it is conditional,
and is subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally
authorized escrow agent at or prior to the redemption date. If such redemption is not effectuated, the
Ordinance 718
Page 9 of 28
Paying Agent/Registrar shall, within five days thereafter, give notice in the manner in which the notice of
redemption was given that such moneys were not so received and shall rescind the redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior
to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United
States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to
the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to
such redemption date; provided, however, that the failure of the registered owner to receive such notice,
or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of
the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision
shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the
Bonds or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if
due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to
be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and
they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being
outstanding except for the right of the registered owner to receive the redemption price from the Paying
Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed,
a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written request of the registered
owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided
in the Bond Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this
Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned,
transferred, converted into and exchanged for a like aggregate principal amount of fully registered Bonds,
without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case
may be, having the same denomination or denominations in any integral multiple of $5,000 as requested
in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender
of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer,
this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral
multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or
portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Bond may
be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive,
and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence
the assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning,
transferring, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In any
circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by
the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the
exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer,
conversion, or exchange (i) during the period commencing with the close of business on any Record Date
and ending with the opening of business on the next following principal or interest payment date, or (ii)
with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days
prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will
Ordinance 718
Page 10 of 28
appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed
to the registered owners of the Bonds.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be performed,
exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been
performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to
provide for the payment of the interest on and principal of this Bond, as such interest comes due and such
principal matures, have been levied and ordered to be levied against all taxable property in said Issuer,
and have been pledged for such payment, within the limit prescribed by law.
THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein,
and under some (but not all) circumstances amendments thereto must be approved by the registered
owners of a majority in aggregate principal amount of the outstanding Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges
all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official
minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this
Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, the Mayor Pro Tem of the
Issuer) and countersigned with the manual or facsimile signature of the Town Secretary of said Issuer,
and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond.
(signature) (signature)
Town Secretary Mayor
(SEAL)
(b) Form of Paying Agent/Registrar's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or
in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that originally was approved
by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the
State of Texas.
Dated: _________________________. _____________________________________
________________________, Texas
Paying Agent/Registrar
By: ______________________________________
Authorized Representative
(c) Form of Assignment.
Ordinance 718
Page 11 of 28
ASSIGNMENT
(Please print or type clearly)
For value received, the undersigned hereby sells, assigns and transfers
unto:
Transferee's Social Security or Taxpayer Identification Number:
Transferee's name and address, including zip code:
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the transfer
of
the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: .
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an
eligible guarantor institution participating in a
securities transfer association recognized signature
guarantee program.
NOTICE: The signature above must correspond
with the name of the registered owner as it appears
upon the front of this Bond in every particular,
without alteration or enlargement or any change
whatsoever.
(d) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity and approved by the
Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of
Public Accounts of the State of Texas.
Witness my signature and seal this ______________________.
___________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) Initial Bond Insertions.
(i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except
that:
A. immediately under the name of the Bond, the headings "Interest Rate" and
"Maturity Date" shall both be completed with the words "As shown below" and
"CUSIP No. _____" shall be deleted.
Ordinance 718
Page 12 of 28
B. the first paragraph shall be deleted and the following will be inserted:
"THE TOWN OF WESTLAKE, TEXAS, in Tarrant and Denton Counties, Texas (the "Issuer"), being a
political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the
Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on
___________________ in each of the years, in the principal installments and bearing interest at the per
annum rates set forth in the following schedule:
Years Principal Amount Interest Rates
(Information from Section 2 to be inserted)
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a
360-day year of twelve 30-day months) from ____________, ____ at the respective Interest Rate per
annum specified above. Interest is payable on _____________, ____, and semiannually on each
_______________ and _______________ thereafter to the date of payment of the principal installment
specified above, or the date of redemption prior to maturity; except, that if this Bond is required to be
authenticated and the date of its authentication is later than the first Record Date (hereinafter defined),
such Principal Amount shall bear interest from the interest payment date next preceding the date of
authentication, unless such date of authentication is after any Record Date but on or before the next
following interest payment date, in which case such principal amount shall bear interest from such next
following interest payment date; provided, however, that if on the date of authentication hereof the
interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been
paid, then this Bond shall bear interest from the date to which such interest has been paid in full."
C. The Initial Bond shall be numbered "T-1."
SECTION 5. INTEREST AND SINKING FUND.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer as a separate fund or account and the funds therein shall be deposited into and
held in an account at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be
kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying
the interest on and principal of said Bonds. All amounts received from the sale of the Bonds as accrued
interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied
and collected for and on account of said Bonds shall be deposited, as collected, to the credit of said
Interest and Sinking Fund. During each year while any of said Bonds are outstanding and unpaid, the
governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will
be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest
comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Bonds as
such principal matures (but never less than 2% of the original amount of said Bonds as a sinking fund
each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances
being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is
hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year
while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each
such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes
sufficient to provide for the payment of the interest on and principal of said Bonds, as such interest comes
due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
If lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in
advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of
Ordinance 718
Page 13 of 28
taxes that otherwise would have been required to be levied pursuant to this Section may be reduced to the
extent and by the amount of the lawfully available funds then on deposit in the Interest and Sinking Fund.
(b) Article 1208, Government Code, applies to the issuance of the Bonds and the pledge of the
taxes granted by the Issuer under this Section and is therefore valid, effective, and perfected. Should
Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such
amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to
the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered
owners of the Bonds a security interest in said pledge, the Issuer agrees to take such measures as it
determines are reasonable and necessary under Texas law to comply with the applicable provisions of
Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur.
SECTION 6. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in
subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the
due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or
caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before
such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in
accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such
payment (1) lawful money of the United States of America sufficient to make such payment or (2)
Defeasance Securities that mature as to principal and interest in such amounts and at such times as will
insure the availability, without reinvestment, of sufficient money to provide for such payment, and when
proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its
services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be
deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer
be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged
as provided in this Ordinance, and such principal and interest shall be payable solely from such money or
Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby
provided that any determination not to redeem Defeased Bonds that is made in conjunction with the
payment arrangements specified in subsection (a)(i) or (ii) of this Section shall not be irrevocable,
provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly
reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that
right to the owners of the Defeased Bonds immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it
authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not
required for the payment of the Bonds and interest thereon, with respect to which such money has been so
deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future
Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of
Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in
Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the
requirements specified in subsection (a)(i) or (ii) of this Section. All income from such Defeasance
Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased
Bonds, with respect to which such money has been so deposited, shall be remitted to the Issuer or
deposited as directed in writing by the Issuer.
Ordinance 718
Page 14 of 28
(c) The term "Defeasance Securities" means any securities and obligations now or hereafter
authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the
Bonds.
(d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar
shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not
been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as
required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a
maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such
random method as it deems fair and appropriate.
SECTION 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of
the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed
Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged, mutilated,
lost, stolen or destroyed Bonds shall be made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft or destruction of a Bond, the registered owner applying for a
replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity
as may be required by them to save each of them harmless from any loss or damage with respect thereto.
Also, in every case of loss, theft or destruction of a Bond, the registered owner shall furnish to the Issuer
and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such
Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall
surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any
such Bond shall have matured, and no default has occurred that is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment
of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of
issuing a replacement Bond, provided security or indemnity is furnished as above provided in this
Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, the
Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other
expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this
Section by virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual
obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Bonds duly issued under this Ordinance.
(e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022, Government
Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement
Bond without necessity of further action by the governing body of the Issuer or any other body or person,
and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form
and manner and with the effect, as provided in Section 3(a) of this Ordinance for Bonds issued in
conversion and exchange for other Bonds.
Ordinance 718
Page 15 of 28
SECTION 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF
OBTAINED; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer and the Pricing Officer are hereby authorized to have control of the
Bonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to the
Bonds pending their delivery and their investigation, examination, and approval by the Attorney General
of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas.
Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to
act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such
Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The
approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option
of the Issuer, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have
any legal effect, and shall be solely for the convenience and information of the registered owners of the
Bonds. In addition, if bond insurance or the Permanent School Fund guarantee are obtained, the Bonds
may bear an appropriate legend as provided by the insurer or the Texas Education Agency.
(b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the initial
purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond
counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the
Bonds to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection
with issuance, sale and delivery of the Bonds is hereby approved and confirmed. The execution and
delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond
counsel, is hereby authorized in such form as may be approved by the Mayor, and the Mayor is hereby
authorized to execute such engagement letter.
SECTION 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BONDS.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any
action that would adversely affect, the treatment of the Bonds as Obligation described in section 103 of
the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in
the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the
Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds
(less amounts deposited to a reserve fund, if any) are used for any "private business use," as
defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the
projects financed or refinanced therewith (the "Projects") are so used, such amounts, whether or
not received by the Issuer, with respect to such private business use, do not, under the terms of
this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the
payment of more than 10 percent of the debt service on the Bonds, in contravention of section
141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described
in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed
therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5
percent is used for a "private business use" that is "related" and not "disproportionate," within the
meaning of section 141(b)(3) of the Code, to the governmental use;
Ordinance 718
Page 16 of 28
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund,
if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Bonds being
treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly,
to acquire or to replace funds that were used, directly or indirectly, to acquire investment property
(as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term
of the Bonds, other than investment property acquired with –
(A) proceeds of the Bonds invested for a reasonable temporary period of 3 years
or less or, in the case of an advance refunding bond, for a period of 30 days or less until
such proceeds are needed for the purpose for which the bonds are issued, and in the case
of a current refunding bond, for a period of 90 days or less,
(B) amounts invested in a bona fide debt service fund, within the meaning of
section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to
the extent such amounts do not exceed 10 percent of the proceeds of the Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the
requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable,
section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of
the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United
States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of
the amount then required to be paid as a result of Excess Earnings under section 148(f) of the
Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such
Fund shall not be subject to the claim of any other person, including without limitation the Bondholders.
The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer
understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury
Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the
Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding of the
Issuer that the covenants contained herein are intended to assure compliance with the Code and any
regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event
that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as
applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to
Ordinance 718
Page 17 of 28
the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of
the Code. In the event that regulations or rulings are hereafter promulgated that impose additional
requirements applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the
extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from
federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such
intention, the Issuer hereby authorizes and directs the Mayor and the Pricing Officer to execute any
documents, certificates or reports required by the Code and to make such elections, on behalf of the
Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the
Bonds.
(d) Disposition of Project. The Issuer covenants that the Project will not be sold or otherwise
disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the
Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will
not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the
property comprising personal property and disposed in the ordinary course shall not be treated as a
transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall
not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will
not adversely affect the excludability for federal income tax proposes from gross income of the interest.
(e) Designation as Qualified Tax-Exempt Obligations. IF THE PRICING OFFICER,
PURSUANT TO THE AUTHORITY GRANTED BY THIS ORDER, AUTHORIZES THE ISSUANCE
OF BONDS THAT OTHERWISE MEET THE QUALIFICATIONS FOR DESIGNATION AS BEING
"QUALIFIED TAX-EXEMPT BONDS", the Issuer hereby designates, or deems designated, the Bonds as
"qualified tax-exempt obligations" as defined in section 265(b)(3) of the Code, conditioned upon the
purchaser identified in the Pricing Certificate certifying that the aggregate initial offering price of the
Bonds to the sold to the public (excluding any accrued interest) is no greater than $10,000,000 (or such
other amount permitted by such section 265 of the Code). Assuming such condition is met, in furtherance
of such designation, the Issuer represents, covenants and warrants the following: (a) that during the
calendar year in which the Bonds are issued, the Issuer (including any subordinate entities) has not
designated nor will designate obligations, which when aggregated with the Bonds, will result in more than
$10,000,000 (or such other amount permitted by such section 265 of the Code) of "qualified tax-exempt
obligations" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-exempt
obligations issued, during the calendar year in which the Bonds are issued, by the Issuer (or any
subordinate entities) will not exceed $10,000,000 (or such other amount permitted by such section 265 of
the Code); and, (c) that the Issuer will take such action or refrain from such action as necessary, and as
more particularly set forth above in this Section 9, in order that the Bonds will not be considered "private
activity bonds" within the meaning of section 141 of the Code.
SECTION 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT;
FURTHER PROCEDURES.
(a) The Bonds shall be sold and delivered subject to the provisions of Section 1 and Section 3
and pursuant to the terms and provisions of a bond purchase agreement (the "Purchase Agreement")
which the Pricing Officer is hereby authorized to execute and deliver and in which the purchaser or
purchasers (the "Underwriters") of the Bonds shall be designated. The Bonds shall initially be registered
in the name of the purchaser thereof as set forth in the Pricing Certificate.
(b) The Mayor and Town Secretary are further authorized and directed to execute and deliver for
and on behalf of the Issuer copies of a Preliminary Official Statement and Official Statement, prepared in
connection with the offering of the Bonds by the Purchasers, in final form as may be required by the
Purchasers, and such final Official Statement in the form and content as approved by the Pricing Officer
Ordinance 718
Page 18 of 28
or as manually executed by said officials shall be deemed to be approved by the Town Council of the
Issuer and constitute the Official Statement authorized for distribution and use by the Purchasers. The
form and substance of the Preliminary Official Statement for the Bonds and any addenda, supplement or
amendment thereto, all as approved by the Pricing Officer, are hereby deemed to be approved in all
respects by the Town Council of the Issuer, and the Preliminary Official Statement is hereby deemed final
as of its date (except for the omission of pricing and related information) within the meaning and for the
purpose of paragraph (b)(1) of the Rule (hereinafter defined).
(c) The Pricing Officer is authorized, in connection with effecting the sale of the Bonds, to obtain
from a municipal bond insurance company so designated in the Pricing Certificate (the "Insurer") a
municipal bond insurance policy (the "Insurance Policy") in support of the Bonds. To that end, should
the Pricing Officer exercise such authority and commit the Issuer to obtain a municipal bond insurance
policy, for so long as the Insurance Policy is in effect, the requirements of the Insurer relating to the
issuance of the Insurance Policy as set forth in the Pricing Certificate are incorporated by reference into
this Ordinance and made a part hereof for all purposes, notwithstanding any other provision of this
Ordinance to the contrary. The Pricing Officer shall have the authority to execute any documents to
effect the issuance of the Insurance Policy by the Insurer.
(d) The Pricing Officer is further authorized to submit an application for guarantee of the Bonds
by the Permanent School Fund of the State of Texas (the "Permanent School Fund"). If the Permanent
School Fund guarantee of the bonds is obtained, the Issuer covenants as follows:
(i) To timely comply with all applicable requirements and procedures under Article
VII, Section 5 of the Texas Constitution, Subchapter C of Chapter 45, Texas Education
Code and the Rules of the State Board of Education relating to the guarantee of the
principal and interest on the Bonds by the Permanent School Fund.
(ii) Upon defeasance of such Bonds prior to maturity in accordance with applicable
law, the guarantee of the principal and interest on such Bonds by the Permanent School
Fund shall cease and no longer be available.
(iii) In case of a default in the payment of principal or interest on the Bonds, and in
accordance with Section 45.061, Texas Education Code, the Comptroller of Public
Accounts of the State of Texas shall be authorized to withhold from the Issuer amounts
equal to the amounts paid by the Permanent School Fund on account of such default, plus
interest thereon, from the first state money payable to the Issuer from the following
sources and in the following order, to wit: foundation school fund, available school fund.
(d) The Mayor and Mayor Pro Tem, the Town Secretary and the Pricing Officer shall be and they
are hereby expressly authorized, empowered and directed from time to time and at any time to do and
perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the
Issuer such documents, certificates and other instruments, whether or not herein mentioned, as may be
necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Pricing
Certificate, the Bonds, the sale of the Bonds and the Official Statement. In case any officer whose
signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such
signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had
remained in office until such delivery.
SECTION 11. COMPLIANCE WITH RULE 15c2-12.
(a) Definitions. That as used in this Section, the following terms have the meanings ascribed to
such terms below:
Ordinance 718
Page 19 of 28
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports.
(i) The Issuer agrees to provide annually to the MSRB, in an electronic format as prescribed by
the MSRB, within six months after the end of each fiscal year, financial information and
operating data with respect to the Issuer, as provided in the Pricing Certificate. Any financial
statements so to be provided shall be (1) prepared in accordance with the accounting principles
described in the financial statements of the Issuer appended to the Official Statement, or such
other accounting principles as the Issuer may be required to employ from time to time pursuant to
state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and
the audit is completed within the period during which they must be provided. If the audit of such
financial statements is not complete within such period, then the Issuer shall provide unaudited
financial information by the required time, and shall provide audited financial statements for the
applicable fiscal year to the MSRB, when and if the audit report on such statements become
available.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of
the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to
provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in
one or more documents or may be included by specific reference to any document that is
available to the public on the MSRB's internet website or filed with the SEC. All documents
provided to the MSRB pursuant to this Section shall be accompanied by identifying information
as prescribed by the MSRB.
(c) Event Notices.
(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a
timely manner (but not in excess of ten business days after the occurrence of the event) of any of
the following events with respect to the Bonds, if such event is material within the meaning of the
federal securities laws:
1. Non-payment related defaults;
2. Modifications to rights of Bondholders;
3. Bond calls;
4. Release, substitution, or sale of property securing repayment of the Bonds;
5. The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms; and
Ordinance 718
Page 20 of 28
6. Appointment of a successor or additional trustee or the change of name of a
trustee.
(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a
timely manner (but not in excess of ten business days after the occurrence of the event) of any of
the following events with respect to the Bonds, without regard to whether such event is
considered material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Unscheduled draws on debt service reserves reflecting financial difficulties;
3. Unscheduled draws on credit enhancements reflecting financial difficulties;
4. Substitution of credit or liquidity providers, or their failure to perform;
5. Adverse tax opinions or the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS
Form 5701–TEB) or other material notices or determinations with respect to
the tax-exempt status of the Bonds, or other material events affecting the tax-
exempt status of the Bonds;
6. Tender offers;
7. Defeasances;
8. Rating changes; and
9. Bankruptcy, insolvency, receivership or similar event of an obligated person.
(iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (b) of this Section by the
time required by such subsection.
(d) Limitations, Disclaimers, and Amendments.
(i) The Issuer shall be obligated to observe and perform the covenants specified in this Section
for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the
Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any
deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to
be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to
provide only the financial information, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide
any other information that may be relevant or material to a complete presentation of the Issuer's
financial results, condition, or prospects or hereby undertake to update any information provided
in accordance with this Section or otherwise, except as expressly provided herein. The Issuer
Ordinance 718
Page 21 of 28
does not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN
PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit
the duties of the Issuer under federal and state securities laws.
(v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to
entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect
to the Bonds in accordance with the Rule as amended. The provisions of this Section may be
amended by the Issuer from time to time to adapt to changed circumstances that arise from a
change in legal requirements, a change in law, or a change in the identity, nature, status, or type
of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would
have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in
compliance with the Rule, taking into account any amendments or interpretations of the Rule
since such offering as well as such changed circumstances and (2) either (a) the registered owners
of a majority in aggregate principal amount (or any greater amount required by any other
provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent
to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally
recognized bond counsel) determined that such amendment will not materially impair the interest
of the registered owners and beneficial owners of the Bonds. The Issuer may also amend or
repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the
applicable provision of the Rule or a court of final jurisdiction enters judgment that such
provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence
would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary
offering of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with
any amended financial information or operating data next provided in accordance with subsection
(b) of this Section an explanation, in narrative form, of the reason for the amendment and of the
impact of any change in the type of financial information or operating data so provided.
SECTION 12. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any holder, except as otherwise
required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity,
defect or omission in this Ordinance that does not materially adversely affect the interests of the holders,
(ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not
be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the
interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or
corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in
regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions
Ordinance 718
Page 22 of 28
of this Ordinance and that shall not in the opinion of nationally recognized bond counsel materially
adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal
amount 51% of the aggregate principal amount of then outstanding Bonds that are the subject of a
proposed amendment shall have the right from time to time to approve any amendment hereto that may be
deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the
holders in aggregate principal amount of the then outstanding Bonds, nothing herein contained shall
permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the
Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable on any
outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redemption premium on
outstanding Bonds or any of them or impose any condition with respect to such payment; or
(5) Change the minimum percentage of the principal amount of the Bonds necessary for consent
to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer
shall send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed
amendment. Such published notice shall briefly set forth the nature of the proposed amendment and shall
state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Bonds.
(d) Whenever at any time within one year from the date of mailing of such notice the Issuer shall
receive an instrument or instruments executed by the holders of at least 51% in aggregate principal
amount of all of the Bonds then outstanding that are required for the amendment, which instrument or
instruments shall consent to and approve such amendment, the Issuer may adopt the amendment in
substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section,
this Ordinance shall be deemed to be modified and amended in accordance with such amendatory
Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected
Bonds shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be
irrevocable for a period of six months from the date of such consent, and shall be conclusive and binding
upon all future holders of the same Bond during such period. Such consent may be revoked at any time
after six months from the date of such consent by the holder who gave such consent, or by a successor in
title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in
aggregate principal amount of the affected Bonds then outstanding, have, prior to the attempted
revocation, consented to and approved the amendment.
For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon the
registration of the ownership of such Bonds on the registration books kept by the Paying Agent/Registrar.
Ordinance 718
Page 23 of 28
SECTION 13. DEFAULT AND REMEDIES.
(a) Events of Default. Each of the following occurrences or events for the purpose of this
Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Bonds when the same
becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or obligation of
the Issuer, the failure to perform which materially, adversely affects the rights of the Registered
Owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice
of such default is given by any Registered Owner to the Issuer.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any Registered Owner or
an authorized representative thereof, including, but not limited to, a trustee or trustees therefor,
may proceed against the Issuer for the purpose of protecting and enforcing the rights of the
Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding
in equity or at law, in any court of competent jurisdiction, for any relief permitted by law,
including the specific performance of any covenant or agreement contained herein, or thereby to
enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners
hereunder or any combination of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit
of all Registered Owners of Bonds then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other available
remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition
to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or
in equity; provided, however, that notwithstanding any other provision of this Ordinance, the
right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this
Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any
other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, such Registered
Owner agrees that the certifications required to effectuate any covenants or representations
contained in this Ordinance do not and shall never constitute or give rise to a personal or
pecuniary liability or charge against the officers, employees or trustees of the Issuer or the Board
of Trustees.
SECTION 14. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS.
In furtherance of authority granted by Section 1207.007(b), Texas Government Code, the Mayor or the
Pricing Officer are further authorized to enter into and execute on behalf of the Issuer with the escrow
agent named therein, an escrow or similar agreement, in the form and substance as shall be approved by
the Pricing Officer, which agreement will provide for the payment in full of the Refunded Obligations. In
addition, the Mayor or the Pricing Officer is authorized to purchase such securities, to execute such
Ordinance 718
Page 24 of 28
subscriptions for the purchase of the Escrowed Securities (as defined in the agreement), if any, and to
authorize such contributions for the escrow fund as provided in the agreement.
SECTION 15. REDEMPTION OF REFUNDED OBLIGATIONS.
(a) Subject to execution and delivery of the Purchase Agreement with the Purchaser, the Issuer
hereby directs that the Refunded Obligations be called for redemption on the dates and at such prices as
set forth in the Pricing Certificate. The Pricing Officer is hereby authorized and directed to issue or cause
to be issued a Notice of Redemption of the Refunded Obligations in substantially the form set forth in
Exhibit B attached hereto, completed with information from the Pricing Certificate, to the paying agents
for the Refunded Obligations.
(b) In addition, the paying agents for the Refunded Obligations are hereby directed to provide the
appropriate notices of redemption and defeasance as specified by the ordinances authorizing the issuance
of Refunded Obligations and is hereby directed to make appropriate arrangements so that the Refunded
Obligations may be redeemed on their redemption dates. The Refunded Obligations shall be presented
for redemption at the paying agents therefor, and shall not bear interest after the date fixed for
redemption.
(c) If the redemption of the Refunded Obligations results in the partial refunding of any maturity
of the Refunded Obligations, the Pricing Officer shall direct the paying agent/registrar for the Refunded
Obligations to designate at random and by lot which of the Refunded Obligations will be payable from
and secured solely from ad valorem taxes of the Issuer pursuant to the ordinance of the Issuer authorizing
the issuance of such Refunded Obligations (the "Refunded Bond Ordinance"). The paying agent/registrar
shall notify by first-class mail all registered owners of all affected bonds of such maturities that: (i) a
portion of such bonds have been refunded and are secured until final maturity solely with cash and
investments maintained by the Escrow Agent in the Escrow Fund, (ii) the principal amount of all affected
bonds of such maturities registered in the name of such registered owner that have been refunded and are
payable solely from cash and investments in the Escrow Fund and the remaining principal amount of all
affected bonds of such maturities registered in the name of such registered owner, if any, have not been
refunded and are payable and secured solely from ad valorem taxes of the Issuer described in the
Refunded Obligation Ordinance, (iii) the registered owner is required to submit his or her Refunded
Obligations to the paying agent/registrar, for the purposes of re-registering such registered owner's bonds
and assigning new CUSIP numbers in order to distinguish the source of payment for the principal and
interest on such bonds, and (iv) payment of principal of and interest on such bonds may, in some
circumstances, be delayed until such bonds have been re-registered and new CUSIP numbers have been
assigned as required by (iii) above.
(d) The source of funds for payment of the principal of and interest on the Refunded Obligations
on their respective maturity or redemption dates shall be from the funds deposited with the Escrow Agent
pursuant to the Escrow Agreement approved in Section 14 of this Ordinance.
SECTION 16. APPROPRIATION. To pay the debt service coming due on the Bonds, if any
(as determined by the Pricing Officer in the Pricing Certificate) prior to receipt of the taxes levied to pay
such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to
be on hand and available for such purpose, an amount sufficient to pay such debt service, and such
amount shall be used for no other purpose.
SECTION 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the
Ordinance 718
Page 25 of 28
remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 18. EFFECTIVE DATE. In accordance with the provisions of Texas Government
Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the Town
Council.
[Execution Page Follows]
Ordinance 718
Page 26 of 28
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013.
______________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
[CITY SEAL]
Ordinance 718
Page 27 of 28
SCHEDULE I
SCHEDULE OF ELIGIBLE REFUNDED OBLIGATIONS
Town of Westlake, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation,
Series 2003, dated June 1, 2003, maturities May 1 in the years 2015, 2016, and 2032.
Ordinance 718
Page 28 of 28
EXHIBIT A
NOTICE OF REDEMPTION
CUSIP Prefix No. ________
NOTICE IS HEREBY GIVEN that the Town of Westlake, Texas has called for redemption the
outstanding Certificates of Obligation of the Town described as follows (collectively, the "Refunded
Obligations"):
Town of Westlake, Texas Combination Tax and Limited Pledge Revenue
Certificates of Obligation, Series 2003, dated June 1, 2003, maturing on May 1 in each
of the years 2015, 2016, and 2032, in the aggregate principal amount of $2,100,000, to
the call date of the Refunded Obligations so called for redemption at U.S. Bank National
Association. Call date: May 1, 2014.
On May 1, 2014, interest on the Refunded Obligations shall cease to accrue and be
payable.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at U.S. Bank National
Association, as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the
Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder
thereof shall be entitled to receive the redemption price equal to par and accrued interest to the
redemption date.
NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of
payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal
amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said
Refunded Obligations, or any of them are not presented for redemption by the date fixed for their
redemption, they shall not thereafter bear interest.
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended
paying agents making payments of interest and principal on municipal securities may be obligated to
withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid
taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should
submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded
Obligations for payment.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings
authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals
and provisions of said Refunded Obligations.
NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the
following addresses:
By Mail Overnight Courier/Hand Delivery
U.S. Bank National Association
Corporate Trust Services
P.O. Box 64111
St. Paul, Minnesota 55164-0111
Tel: (800) 934-6802
U.S. Bank National Association
Corporate Trust Services
60 Livingston Avenue
First Floor - Bond Drop Window
St. Paul, Minnesota 55107
Tel: (800) 934-6802
TOWN OF WESTLAKE, TEXAS
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Public Hearing and consideration regarding rezoning from R-1 to PD5, Ruth
Baker Survey- A108 Tracts 1C1B6D, 1C1B6F1, and 1C01B6F, commonly known as two lots in
the Stagecoach Hills Subdivision at 5944 and 5960 Stagecoach Circle
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: September 20, 2013 October 28, 2013
Funding: Amount- None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Operational
Processes
CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
The applicant currently owns two lots that are each approximately ¾ of an acre in size. One of
the lots is vacant and the other has a house and one hangar constructed on it. Neither lot is
platted and may not be platted if not in conformance with the zoning regulations applicable to the
lots, which currently requires a one acre minimum lot size. By rezoning the property to a district
that allows lots of the size currently existing, the property could then be platted. The number of
lots will not change and development of the lots will be similar to existing development in the
Stagecoach subdivision. The Westlake Planning and Zoning Commission unanimously
recommended approval of this item at their October 28, 2013 meeting.
ORGANIZATIONAL HISTORY/RECOMMENDATION
It is desirous to have all properties in the Town of Westlake platted and in compliance with the
zoning regulations applicable to each piece of property. Currently we have two lots made up of
multiple parcels, not platted, and currently in a legal-nonconforming status. The approval of the
rezoning clears the way for a future platting of the properties and the potential development of
one of the lots, while bringing both lots into conforming status.
ATTACHMENTS
• Zoning Change application
• Ordinance 719 w/ attachments:
o Exhibits
1. Vicinity Map with legal description
2. Zoning Map (after approval)
3. Concept Plan
Ordinance 719
Page 1 of 8
TOWN OF WESTLAKE
ORDINANCE NO 719
AN ORDINANCE AMENDING THE TOWN OF WESTLAKE CODE OF
ORDINANCES, SECTION 102-31 ZONING MAP, TO BE ATTACHED HERETO
AS EXHIBIT “B” TO REFLECT A CHANGE OF ZONING FOR
APPROXIMATELY 1.4 ACRES OF LAND, DESCRIBED AS THE FOLLOWING:
RUTH BAKER SURVEY – A 108 TRACTS 1C1B6D, 1C1B6F1, AND 1C01B6F,
FURTHER DESCRIBED IN EXHIBIT “A” ATTACHED HERETO;
PREVIOUSLY ZONED R-1, REZONED BY THIS ORDINANCE TO A
RESIDENTIAL PD (PD5) WITH RELATED CONCEPT PLAN, ATTACHED
HERETO AS EXHIBIT “C”; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Town Council of the Town of Westlake,
Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Town Council of the Town of Westlake,
Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the
Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas
amended the Zoning Ordinance and the subdivision regulations by adopting a Unified
Development Code for the Town of Westlake (the “Town”); and
WHEREAS, on September 22, 2002, based upon the recommendations of the
Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas
adopted Ordinance #406 amending the Zoning Ordinance and Official Zoning map; and
WHEREAS, an analysis of the Town’s codes and regulations has determined that
amendments to these codes and regulations are required in order to protect the health,
safety, and welfare of the Town and to comply with the development goals for quality
low density residential development; and
WHEREAS, the Council, at a public hearing called by the Council, did consider
the following factors in making a determination as to whether the requested changes
should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the areas immediately surrounding the effected zoning districts; safety from
fire hazards and measures for fire control, protection of adjacent property from flood or
water damages, noise producing elements and glare of the vehicular and stationary lights
Ordinance 719
Page 2 of 8
and effect of such lights on established character of the neighborhoods, location, lighting
and types of signs and relation of signs to traffic control and adjacent property, street size
and adequacy of width for traffic reasonably expected to be generated by the proposed
uses around the effected zoning districts and in the immediate neighborhoods, adequacy
of parking, location of ingress and egress points for parking, and protection of public
health and the general welfare, effect on light and air, the effect on the transportation,
water, sewerage, schools, parks and other facilities; and
WHEREAS, the Town Council has determined that there is a necessity and need
for these changes in the zoning ordinance; and therefore, feels that changes in the zoning
ordinance are called for, and are in the best interest of the public at large, the citizens of
the Town, and help promote the general health, safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That the property shown on attached Exhibit "A" is hereby
rezoned from R-1 to PD5.
SECTION 3: That the Comprehensive Zoning Ordinance of the Town of
Westlake, Texas be amended by amending ARTICLE II. DISTRICTS AND MAPS,
Section 102-31 Zoning Map, to read as follows:
Sec. 102-31. Zoning map.
(a) Designated; rezoning of property. Exhibit A to be attached to Ordinance No. 719
is hereby adopted as the Official Zoning Map of the Town of Westlake and shall
be identified and maintained by the town in accordance with the provisions of
this chapter, as amended from time to time. The Official Zoning Map
incorporates the rezoning of properties in the town to conform with the
Comprehensive Plan and this chapter.
(b) Division of town.
(1) The town is divided into eleven zones, or districts, as shown on the Official Zoning
map which, together with all explanatory matter thereon, is hereby adopted by reference
and declared a part of this chapter. The zones, or districts, hereby established are and shall
be known and cited as:
Ordinance 719
Page 3 of 8
Zoning Districts
TABLE INSET:
Abbreviated
Designation Zoning District Name
R-5 Country Residential
R-2 Rural Residential
R-1 Estate Residential
R-0.5 Neighborhood Residential
MF Multifamily Residential
LR Local Retail
O Office Park
O-H Office Park--Hotel
O-I Office--Industrial Park
PD Planned Development District
GU Governmental Use
(2) The Official Zoning Map shall be identified by the signature of the mayor attested by
the town secretary, under the following words:
"This is to certify that this is the Official Zoning Map referred to in chapter 102, article II,
of the Code of Ordinances of the Town of Westlake," together with the date of adoption
of the Official Zoning Map.
(3) When changes are made in district boundaries or other matter portrayed on the
Official Zoning Map, such changes shall be entered on the Official Zoning Map by the
town secretary promptly after the amendment has been approved by the Town Council,
and the change shall note the ordinance number and date that the change was approved.
(4) No changes of any nature shall be made in the Official Zoning Map or matter shown
thereon except in conformity with the procedures set forth in this chapter. Any
unauthorized change of whatever kind by any person or persons shall be considered a
violation of this chapter.
(5) The original reproducible tracing of the Official Zoning Map shall be located in the
office of the town secretary in the town hall and shall be the final authority as to the
current zoning status of land and water areas, building and other structures in the town.
(6) The Town Council may by resolution adopt a new Official Zoning Map should the
original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or
become ambiguous because of the nature or number of changes and additions. The new
Official Zoning Map may correct drafting or other errors or omissions in the prior Official
Zoning Map, but no other correction shall have the effect of amending the original
Official Zoning Map or any subsequent amendment thereof. The new Official Zoning
Ordinance 719
Page 4 of 8
Map shall be identified by the signature of the mayor attested by the town secretary, under
the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of Map being replaced) as a part of the Code of
Ordinances of the Town of Westlake, Texas."
(7) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the
prior map or any significant parts thereof remaining shall be preserved, together with all
available records pertaining to its adoption or amendment.
(UDC 1994, art. III, § 1; Ord. No. 203, § 1, 11-16-1992; Ord. No. 373, § 2, 8-14-2000;
Ord. No. 426, § 2, 9-23-2002 )
SECTION 4: That the Concept Plan attached hereto as Exhibit “C” be attached
to this Ordinance and recorded in Appendix A of the Town of Westlake Code of
Ordinances as an approved PD.
SECTION5: This Zoning District will be subject to the same regulations that
apply to R-0.5 zoned property except for the following:
1. Accessory use buildings are allowed as accessory uses to a home
constructed on site or on an adjacent property.
2. Accessory use buildings are allowed to be a maximum of 3,600 sq. ft. and
may be constructed with non-masonry materials, or may be all metal with
a baked-on pre-painted surface.
3. Wildflowers, when cultivated, are allowed to grow to any height during
the time between the first day of February and first day of August,
provided a ten (10) foot setback is maintained from adjacent property
lines.
SECTION 6: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared 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 7: That all provisions of Ordinance not hereby amended shall remain
in full force and effect.
SECTION 8: That this Ordinance shall be cumulative of all other Town
Ordinances and all other provisions of other Ordinances adopted by the Town which are
inconsistent with the terms or provisions of this Ordinance are hereby repealed.
Ordinance 719
Page 5 of 8
SECTION 9: That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same penalty as provided for
in the Code of Ordinances of the Town of Westlake, and upon conviction shall be
punishable by a fine not to exceed the sum of Two-Thousand ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 10: 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 OCTOBER 2013.
Laura Wheat, Mayor
ATTEST:
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance 719
Page 6 of 8
EXHIBIT “A”
Lots commonly known as:
1. 5944 Stagecoach Circle, Town of Westlake, TX
2. 5960 Stagecoach Circle, Town of Westlake, TX
Exhibit A1 – Legal Description attachment
Ordinance 719
Page 7 of 8
EXHIBIT “B”
Insert Zoning Map as amended.
Ordinance 719
Page 8 of 8
Exhibit “C”
Concept Plan
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Public Hearing and Consideration of an Ordinance Amending the Zoning for PD1-2 by
Approval of a Development Plan, Known as Entrada, an 85 Acre (approx.) Tract Located at the
Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard.
STAFF CONTACTS: Tom Brymer, Town Manager and Eddie Edwards, Director of Planning &
Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 14, 2013 October 28, 2013
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
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 3
EXECUTIVE SUMMARY
This item pertains to consideration by the Town Council of an amendment to the PD1-2 zoning
as established by Ordinance No. 703 approving a Development Plan for this PD1-2 zoning
district, known as Entrada, an 85 Acre (approx.) tract located at the northeast corner of FM 1938
(Davis Blvd) and Solana Boulevard.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Previously this property was zoned for office and retail uses. In April of this year, after much
public input and meetings, the Town Council, with a unanimous recommendation from the
Planning & Zoning Commission, approved a request by the owner to amend the zoning in this
PD1-2 zoning district. Also in April of this year, prior to consideration of this zoning change
request, the land use plan component of the Town’s Comprehensive Plan was amended to
provide for the uses requested in the zoning change request for this property.
The amended zoning adds certain residential and entertainment uses in order to allow
development of a mixed use Planned Development on this tract. The zoning ordinance, as
amended, is intended to achieve a design that emulates a European style village with a Spanish
architectural theme. This is to be accomplished the through the blending of permitted uses,
special uses, design regulations, and meaningful public space, The development is named
Entrada. Uses contained in the amended for this property include: offices, governmental, retail,
restaurants, business services, medical services, entertainment establishments, conference center
type meeting space, and residential uses. Permitted residential uses include: single family
residential detached homes, villas, townhomes, and condominiums. The number and type of
residential uses and units are set and established in the zoning ordinance for this property. The
amended zoning for this property also sets the allowable pace and ratio of residential to
commercial construction for this tract.
Consideration of a Development Plan is the next step for the developer under the Town’s
development ordinances and regulations. The Development Plan functions somewhat as a
master plan for the entire tract providing an overall “road map” for the site’s development. As
specific portions of the site develop, a detailed site plan is required for those sections that must
comport with the Development Plan. Staff review of the Development Plan and
recommendations pertaining to its approval are contained in the Staff Report attached to this
agenda memo.
On October 7, 2013 the Town Council held a joint workshop with the Planning & Zoning
Commission to allow the developer to present their Development Plan and answer questions
about it. The community was widely notified through the Town’s Westlake Wire email
notification system of this workshop and invited to attend.
At their October 14, 2013 meeting, the Planning & Zoning Commission held a public hearing
and considered this Development Plan. The Commission voted unanimously to recommend
approval of the Development Plan subject to the 16 staff recommendations outlined in the Staff
report for this Development Plan. Legal notices as required by law were placed in the Town’s
newspaper of official publication for both the Commission and the Council’s public hearings.
Additionally, information about them was placed on the home page of the Town’s web site.
Page 3 of 3
ATTACHMENTS
1. Site Location Map
2. Zoning Ordinance Amending PD1-2 Zoning District with the Approval of this
Development Plan.
3. Two dimensional and 3 dimensional exhibits showing Entrada Development Plan
4. Staff Report Re: (PD1-2) Entrada Development Plan
5. Entrada Exhibits Addressing Staff Recommendations Contained in Staff Report re:
Entrada’s Development Plan
6. Draft Minutes from 10-14-13 Planning & Zoning Commission Meeting
ORDINANCE 7 20
PAGE 1 OF 18
TOWN OF WESTLAKE
ORDINANCE NO. 720
AN ORDINANCE AMENDING ORDINANCE 703 OF THE TOWN OF WESTLAKE,
TEXAS; AMENDING THE ZONING BY APPROVING A DEVELOPMENT PLAN AND
ENGINEERING STANDARDS FOR AN APPROXIMATELY 85 ACRE TRACT OF
LAND IDENTIFIED AS PLANNING AREA 2 OF THE PD1 PLANNED
DEVELOPMENT DISTRICT (PD1-2) GENERALLY LOCATED IN THE TOWN OF
WESTLAKE, TARRANT COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE; A
PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, there is located within the corporate limits of the Town of Westlake an
approximately 85 acre tract of land (commonly known as Planning Area 2 of the PD1 zoning
district (PD 1-2); being the portion of the PD1 zoning district bounded by Solana Boulevard to
the south, FM 1938 “Davis Blvd.” to the west, and SH 114 to the north, more completely
described in, set out in Exhibit “A”; and
WHEREAS, on April 22, 2013, the Westlake Town Council (sometimes referred to as
the "Council") of the Town of Westlake, Texas (the "Town"), adopted Ordinance 703 amending
the Comprehensive Zoning Ordinance (the "Zoning Ordinance") by creating regulations and
design guidelines for a mixed-use development; and
WHEREAS, the Zoning Ordinance has been amended by the Council after receiving
recommendations from the Planning and Zoning Commission (the "Commission"); 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
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 (Davis Blvd.), further urban growth
throughout the region, and other changed conditions that affect the region, the Town believes
there are unique and significant opportunities for new and unique mixed-use development within
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
approval of a Development Plan and modifications to the Engineering Design Standards
otherwise applicable under the UDC; and
WHEREAS, the economic development and land use planning objectives of the Town
will be furthered by the amendment of to PD 1-2; and
WHEREAS, the Commission held a public hearing upon the application of Centurion
American to amend the zoning for PD 1-2 by the approval of a Development Plan on October 14,
ORDINANCE 7 20
PAGE 2 OF 18
2013 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 to Ordinance 703 reflected by the approval of the
Development Plan and Engineering Design Standards, as attached (Exhibit “B”) should be
approved; 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 Town’s
Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date.
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 Ordinance 703 of the Town of Westlake, Texas, is hereby amended
by this Ordinance amending the Planned Development District PD1, Planning Area 2 (PD1-2)
within the property described in Exhibit “A” attached hereto by reference for all purposes. This
Planning Area will be subject to the Development Plan as set out in Exhibit “B”. This Planning
Area will be subject to the Engineering Design Standards attached hereto as, set out as Exhibit
“C”.
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 this 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.
ORDINANCE 7 20
PAGE 3 OF 18
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 Two-Thousand ($2,000.00) 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 OCTOBER, 2013.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________
Kelly Edwards, Town Secretary
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
ORDINANCE 7 20
PAGE 4 OF 18
EXHIBITS
EXHIBIT A Legal Description of PD1-2 District
Exhibit A1 – Graphic drawing of PD1-2.
EXHIBIT B Entrada Development Plan
EXHIBIT C Entrada Engineering Design Standards and Letter from Developer’s Engineer
dated 10-11-13 Describing the Differences Between these Standards and the
Town’s Engineering Standards as They Will be Applied to Entrada
ORDINANCE 7 20
PAGE 5 OF 18
Exhibit A
LEGAL DESCRIPTION
EXHIBIT 1 Legal Description of PD1-2 District
85.90 Acres
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey,
Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract
No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed
to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed
Records of Tarrant County, Texas and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 2,
Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas as
recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on the
northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as dedicated by
said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-tangent curve to the left
having a central angle of 9 degrees 13 minutes 11 seconds, a radius of 1428.00 feet and being subtended
by a chord which bears North 47 degrees 49 minutes 50 seconds West a distance of 229.54 feet;
THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with right-of-way,
as described in Dedication Deed to the Town of Westlake as recorded under instrument No. D208427746,
Deed Records of Tarrant County, Texas the following:
Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap at the
end of said curve;
North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found with
Graham cup beginning of a curve to the right having a central angle of 18 degrees 54 minutes 48 seconds,
a radius of 612.00 feet and being subtended by a chord which bears North 43 degrees 02 minutes 03
seconds West a distance of 201.11 feet;
Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with Graham cap at
the beginning of a compound curve to the right having a central angle of 24 degrees 06 minutes 47
seconds, a radius of 812.00 feet and being subtended by a chord which bears North 21 degrees 32 minutes
03 seconds West a distance of 339.22 feet;
Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with Graham cap at
the end of a said curve;
North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod found with
Graham cap at the beginning of a curve to the left having a central angle of 45 degrees 43 minutes 19
seconds, a radius of 708.00 feet and being subtended by a chord which bears North 32 degrees 20 minutes
19 seconds West a distance of 550.11 feet;
Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with Graham cap at
the end of said curve;
North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod found with
Graham cap;
ORDINANCE 7 20
PAGE 6 OF 18
North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod found with
Graham cap on the easterly right-of-way line of Precinct Line Road, a variable width right-of-way, as
described in Dedication Deed to Town of Westlake as recorded under Instrument No. D208427746, Deed
Records of Tarrant County, Texas and being the beginning of a non-tangent curve to the left having a
central angle of 16 degrees 09 minutes 21 seconds, a radius of 1,432.50 feet and being subtended by a
chord which bears North 27 degrees 07 minutes 42 seconds East a distance of 402.59 feet;
THENCE along the easterly right-of-way line of Precinct Line Road, the following;
Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with Graham cap at
the end of said curve;
North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found with
Graham cap;
North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found on the
southerly right-of-way line of State Highway 114 (a variable width ROW);
THENCE along the southerly right-of-way line of State Highway 114, the following;
North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from which a
Texas Department of Transportation brass disk in concrete found bears North 10 degrees 48 minutes 28
seconds West a distance of 0.43 feet;
South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department of
Transportation brass disk in concrete found;
South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of
Transportation brass disk in concrete found at the beginning of a curve to the right having a central angle
of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended by a chord which
bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet;
Along said curve to the right an arc distance of 393.45 feet to a Texas Department of Transportation brass
disk in concrete found;
South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of
Transportation brass disk in concrete found;
South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found with
“Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central angle of 02
degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a chord which bears
South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet;
Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-Zollars” cap
for the northeast corner of Lot 1, Block 1, of the aforementioned Westlake/Southlake Park Addition No.
1;
THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00 minutes
00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet to a 5/8 inch iron
ORDINANCE 7 20
PAGE 7 OF 18
rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2, Block 1, Westlake/Southlake
Park Addition No. 1;
THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2, Block 1,
a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at an angle point in
the west line of Lot 2, Block 1;
THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds East a
distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of land, more or less.
ORDINANCE 7 20
PAGE 8 OF 18
ORDINANCE 7 20
PAGE 9 OF 18
Exhibit B
Development Plan
ORDINANCE 7 20
PAGE 10 OF 18
ORDINANCE 7 20
PAGE 11 OF 18
ORDINANCE 7 20
PAGE 12 OF 18
ORDINANCE 7 20
PAGE 13 OF 18
ORDINANCE 7 20
PAGE 14 OF 18
ORDINANCE 7 20
PAGE 15 OF 18
ORDINANCE 7 20
PAGE 16 OF 18
Exhibit C
Entrada Engineering Design Standards and Letter from Developer’s Engineer
ORDINANCE 7 20
PAGE 17 OF 18
ORDINANCE 7 20
PAGE 18 OF 18
Page 1 of 2
PD1-2 ENTRADA DEVELOPMENT PLAN October 9, 2013
Two Dimensional Version
Page 2 of 2
PD1-2 ENTRADA DEVELOPMENT PLAN October 9, 2013 (cont’d)
Three Dimensional Version
Page 1 of 7
TOWN OF WESTLAKE, TX
STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL
ENTRADA DEVELOPMENT PLAN
Date: 10-9-2013
Request: Approval of a Development Plan for PD1-2 Entrada
Agenda Item: Consideration of a Development Plan for PD1-2 Entrada
CASE INFORMATION
Development Name: Westlake Entrada
Location: The subject property is generally located at the northeast corner of FM 1938
and Solana Boulevard. Subject site is bounded on the south by Solana Boulevard, on
the west by FM 1938 (Davis Blvd), on the north by SH 114, and to the east by the
Solana office park development that is part of the PD1-1 zoning district.
Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi)
Applicant: Jeffory D. Blackard
Developer: Centurion American Development Group
Acres : 85 acres (approx.)
Approved Use(s): The approved uses for this tract are set out in Ordinance No. 703.
Generally speaking, the approved uses utilize a Spanish architectural theme to create a
European style village that blends a wide range of various uses: offices, governmental,
retail, restaurants, business services, medical services, entertainment establishments,
single family residential detached homes, villas, town homes, and condominiums.
These uses are located around or largely a major water amenity (lake).
I. DISCUSSION OF COMPREHENSIVE PLAN AND ZONING RELATED TO THIS
DEVELOPMENT
A. Comprehensive Plan. Prior to the zoning (which was unanimously recommended
by the P&Z Commission and approved unanimously by the Town Council), the Land
Use Component of the Town’s Comprehensive Plan was amended to provide for all the
uses proposed for the zoning that was requested for this tract in April of this year.
B. Zoning. Public Hearings were held by both the Commission and Town Council, as
required by law, in considering the zoning change request for this site. These hearings
culminated in the Town Council’s consideration of Ordinance No. 703: Amending the
Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including
Development Guidelines, Design Standards, Residential Development Standards,
Roadway Design Standards, Signage Standards, and the Concept Plan for PD1-2 to
Page 2 of 7
Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Zoning
was approved for this district on April 22, 2013.
Ordinance No. 703 amended the permitted uses, special uses, and development
regulations of this newly established Planning Area 2 (PD1-2) to allow for a mixed use
planned development styled after a Spanish village. Permitted and special uses include
office, governmental, retail, restaurants, hotels, as well as residential uses (single family
residential detached, and villas or townhomes). Ordinance No. 703 also imposes
certain requirements on building materials, roofing materials, and the pace of
development of residential to commercial structures. Included in the regulations
which govern development in this district contained in Ordinance No 703 are:
• Development Guidelines for Planning Area 2, PD1-2
• Design Standards for Planning Area 2, PD1-2
• Residential Standards for Planning Area 2, PD1-2
• Roadway Design Standards for Planning Area 2, PD1-2
• Concept Plan for Planning Area 2, PD1-2
Adoption of the zoning in Ordinance No. 703 also included the following Staff
recommendations for adoption:
• Solana Boulevard additional lanes on the south side of the subject tract shall be constructed by
the developer as stipulated in a development agreement to be executed at site plan/plat approval.
• Dedication of water and sewer easements for public lines. All on-site and off-site water and
sewer improvements necessary to serve the development are the developer’s responsibility.
• The developer shall pay, via a development agreement, a pro-rata share of the costs for
signalization, per a traffic impact study approved by the Town, of the intersection at Davis Blvd.
and Solana Blvd or any other intersections near or on his development.
• A detailed landscape plan and parking plan must be submitted with the Site Plans.
• A detailed streetscaping plan shall be submitted showing how it will be integrating and
transitioning well in terms of aesthetics with the development at the southeast corner of FM 1938
and Solana Boulevard.
• Sidewalks and trails internal to the site will need to connect by access points to sidewalks, trails,
or pubic rights-of-way on the perimeter of the site as well as to sidewalks or trails on adjacent
tracts.
II. DISCUSSION OF THIS DEVELOPMENT PLAN
A. Purpose of a Development Plan. If development involves land uses not contained
in the current zoning, the zoning must be requested for change as was the case for this
tract. Approved zoning must include a Concept Plan. Next, the Town can then require
the developer to prepare a Site Plan for all or portions of the tract or prepare a
Development Plan for the entire tract. If the Development Plan option is selected, once
the Development Plan is approved, the developer can then submit site plans for
portions of his development, however, these site plans must comport to the approved
Development Plan. If this approach is used, the practical effect is that the Development
Plan becomes a master site plan and all the site plans for portions of the site must fit
within the template created by the Development Plan for the entire site. Staff
Page 3 of 7
recommended to the developer to utilize the Development Plan option as it provides an
overall “road map” for development of the entire tract and gives both the Town and
developer to go into even greater detail on site plans for specific buildings and/or
portions of the site.
B. Design Plan Comportment to the Zoning Concept Plan. The purpose of the
Concept Plan is to provide an overall general design layout that shows the general
locations of uses as well as major design features such as water features. The Concept
Plan is intended to guide the preparation of the Development Plan. There are a few
differences between the Concept Plan adopted with the zoning via Ordinance No. 703
and the Development Plan approved by the zoning. However, Staff views these
differences as either a.) not being a substantive difference or b.) the difference as laid
out on the Development Plan improves the site layout (such as new location of the
amphitheatre as well as the shape and configuration of the water feature).
C. Criticality of Design and Its Relationship to the Success of the Development
Plan. In Staff’s view, design and the execution of good design are paramount for the
success of the implementation of the vision, planning, and the zoning regulations for this
project. For this reason, it is imperative that the following, as approved as a part of the
zoning (Ordinance No. 703) for this tract, be followed by the Development Plan for this
tract:
1.) Development Standards. The Development Standards for this zoning
establish standards to achieve the goal of a site design that creates community
with a balanced sustainable mix of uses blended as a village. According to these
Development Standards, buildings are multi-use and follow the size, scope, scale
and variety of a small European (Spanish) village. Further, the Development
Standards intend to promote an efficient pedestrian access network between
residential and non-residential uses. The physical relationship between the
development, adjacent properties, public streets, neighborhoods, and the natural
environment is created by:
• Site design that mimics the efficient pedestrian patterns that have evolved
in European villages
• High quality street and sidewalk-oriented environments that support
pedestrian mobility and are appropriate to the roadway context
• Ensuring large sites are developed in a manner to support and encourage
connective, cohesive visual identity, and attractive street scenery.
Key design elements have been identified in these Development Standards
which are intended to achieve this type of development. They are: 1.) centrally
located parking areas, 2.) use of structured parking, 3.) building size and shape
variety, 4.) varied orientation of buildings to other buildings and the street, 5.)
multiple building faces (4-sided building architectural design), 6.) pedestrian
Page 4 of 7
friendly environment and 7.) use of public art as well as sitting and gathering
spaces throughout. The Standards espouse being flexible enough “…for creative
building solutions, while being prescriptive enough in areas necessary to
preserve consistency throughout the development...”
Key development features identified in the Development Standards include a
plaza, amphitheater, waterfront homes, bridges and water features, chapels,
open space with trails and landscaping as in a European village (i.e. these
standards are intended to not suburban commercial development type
landscaping).
2.) Design Guidelines, Building Design, Lighting, Parking, and
Architecture. The Design Guidelines establish design principles for PD1-2 that
shape building design including building massing, scale and rhythm, architectural
elements, entrances, façade treatments, lighting, signage, and streetscape.
Each permanent structure must have building elevation review and
approval from the Town prior to issuance of a building permit.
For residential buildings, only durable materials such as clay fired brick, natural
stone, granite, marble, stucco, and manufactured stone, and will be considered
primary materials for residential buildings in Entrada (note: manufactured stone
can only be used when approved by the Town Council). Native Texas stone
materials will be given primary consideration in the building material selection
process. Primary materials as describe here must comprise at least 80% of each
floor, excluding windows and doors. Other building material standards are
contained in the proposed Zoning Ordinance for this request as well.
Architecture should emphasize Spanish-Mission or Spanish type architecture.
Four-sided architecture is required for all buildings. Residential and townhomes
structures must have have 80% stone exterior wall materials.
Non-residential buildings must be 100% masonry except for doors and windows.
Brick, stone, cast stone, and stucco are approved materials for non-residenitail
buildings. Siding of any type is prohibited. Manufactured stone may be
approved by the Town Council via the Site Plan approval process.
No composition roofs are allowed. Roofing materials are limited to natural slate
or authentic clay tile, or have the appearance of slate or clay tile. Flat roofing
systems may me used where appropriately masked from street-level view
corridors by parapets and/or other architectural features. Standing seam metal
roofing may only be used for minor areas such as porches and patios and in
areas not generally visible.
Page 5 of 7
A lighting plan must be submitted at the site plan stage. Lighting must meet
reflect Town standards established by ordinance. Limited up-lighting may be
considered in the lighting for the chapel, bell tower, and town hall. Overhead
lighting for public and private parking areas must use full shielded and/or full cut-
off fixtures.
Parking standards for a mixed-use development are set out in the proposed
Zoning Ordinance. Additionally, other Town ordinances for parking apply unless
a parking analysis for a specific use is provided at site plan application and
approved by the Town. Parking garages are permitted, however, if they are
visible from streets or adjacent property, they shall have an architecturally
finished façade compatible with surround buildings and look like a regular
building, not a parking garage, unless approved otherwise by the Council via the
site plan process.
3.) Sign Regulations. Sign regulations proposed in the Sign Standards
for this rezoning request are the same or similar to those used on Planning
Districts located in the property known as the Circle T Ranch in Planning District
3-4. Additionally, the Design Guidelines speak to signage in this development as
well.
4.) Importance of Water Features, Public Gathering Areas, Trails,
and View Corridors. This Development Plan, in order to create a unique,
vibrant sense of place that draws people to it, must make effective use of its
central water feature (i.e the lake), public trails along this water feature, and
visually appealing view corridors. The success of this Development Plan hinges
on what the National League of Cities Making Cities Liveable initiative describes
as having a well-functioning public realm. By that they mean “…a well-
functioning public realm - meetings, encounters, dialogue among people young
and old with a diversity of backgrounds, acquaintances, friends and strangers -
that exists in multi-functional public places, squares and marketplaces…” The
Making Cities Liveable Initiative advocates that successful places like Entrada
must do this with “…the time-tested principles of appropriate human scale
architecture, mixed use shop/houses, and a compact urban fabric of blocks,
streets and squares, outdoor cafes and restaurants, farmers' markets and
community festivals also enliven the public realm…”
III. Recommendations Related to the Submitted Development Plan for PD1-2
(Entrada)
Staff recommends approval of this Development Plan with the two (2) phases shown
subject to the following stipulations:
Page 6 of 7
1. The Development Plan must have architectural engagement of all buildings to the
water feature in a way that accommodates public use of the trail (palisade) on the
water’s edge.
2. All structures adjacent to the water, including those involving fee simple ownership,
must be handled dimensionally to maximize an aesthetically pleasing adjacency and
interaction with the water.
3. Location of the plaza in Phase 1 in relationship to the water feature must allow for a
high degree of public access to the water feature from this plaza. This should be done
in a manner that forces any and all vehicular access into the plaza space via a separate
conduit. This can be done in European village fashion with bollards defining the
vehicular path across the plaza ground plane, while separating cars from pedestrians
(note: the Arts District in Dallas has a street where this pedestrian and vehicular traffic
are separated with bollards as recommended here). This plaza should be extended to
or as near as possible to the water feature.
4. Attention must be paid to the architectural and spatial relationship of the storage
building that will surround the gas well pad site with the residential uses across the
street from the storage building. This includes some type of architectural feature at the
corners of the storage building to create architectural interest.
5. The entire residential area in the southwest quadrant of the tract must have a view
corridor established where all streets and lots are terraced in a manner whereby
residences on the street above another residence are viewing a roof top and horizontal
vista, not looking downward into a backyard.
6. The location of the proposed Town Hall building should be set to maximize and
create a public gathering area near the water, as well as interact well in terms of the
Town Hall’s site’s adjacency to the trail system that goes along the edge of the water
feature. This may mean moving it further away from the round-about in front of the
building.
7. Pedestrian bridge should be point of strong architectural interest creating a “Ponte
Vecchio” visual impact type bridge. The other bridge, which will carry vehicular, bike
and pedestrian traffic should be a significant design feature of this development as well.
Both bridges should be located to link well with public plaza areas.
8. A publicly accessible trail system must be located around the entire the perimeter of
the water feature with the exception of the villas’ section. Locations for fountains,
benches, tables, public art, and other public gathering areas must be shown along the
trail system on the Development Plan. This trail shall have a point of inter-connection
with the trail system in Solana on the tract adjoining to the east.
Page 7 of 7
9. Engineering standards for this development must be approved with the preliminary
plat and must assist in carrying out the Staff’s recommendations for the Development
Plan contained in this report as well as meet the intent of the design standards and
guidelines contained in Ordinance No. 703.
10. When the tract is site planned, both the southeast corner of FM 1938 (Davis) and
Solana Boulevard and the northeast corner of FM 1938 (Davis) and SH114 must,
include strong design public design elements that tie those corners to the intent of the
design standards and guidelines for this tract. Site plans for these corners shall
minimize surface parking from being the main visual feature at these hard corners (note:
requiring some berming when these locations are site planned may help with this). This
includes incorporating design features from the Town’s FM 1938 Streetscape plan on
the side of the subject tract that abuts FM 1938. Also, a 3-4 foot stone wall that fits with
the site’s design standards and guidelines shall be required around the perimeter of the
site on Solana Boulevard and FM 1938.
11. Show on the Development Plan the type of Town Edge landscaping that will be
utilized along the SH114 side of the tract. Also show where along this Town Edge
landscape zone the landscaping will consist of trees and when other treatments such as
vineyards, as proposed by the developer, will be used.
12. Approve use of Italian Cypress trees on the tract as the predominant tree of choice
for the landscaping.
13. All recommendations made by Staff in the Staff Report presented at the time of
zoning approval on April 22, 2013 continue in place (discussed above in Section I of this
report).
14. All site plans submitted subsequent to approval of this Development Plan shall
comport to all the design standards and guidelines as set out Ordinance No. 703.
15. A lighting plan must be submitted for this Development Plan that meets the
requirements of the Section 14 of the zoning ordinance for this site (Ordinance No. 703)
as well as Chapter 102 of the Town’s Code of Ordinances. This plan should
emphasize use of bollard lights along trails, plazas, and gathering areas. It should also
emphasize shielded low intensity down lighting for parking lots and intersections.
16. A Master Landscape Plan for all common areas, right-of-ways, public and private
open spaces, and Town Edge Landscape zones must be submitted along with the next
Site Plan and before any buildings permits are issued, other than the Site Plan and
building permit for the Sales Office.
8 ½ X 11 Plat (CAD)
8 ½ X 11 plat - 3-d
Public 12’ Walkway around Retail Harbor
1. The Development Plan must have architectural engagement of all
buildings to the water feature in a way that accommodates public use of
the trail (palisade) on the water’s edge.
Facing North at Signature Bridge
2. All structures adjacent to the water, including those involving fee
simple ownership, must be handled dimensionally to maximize an
aesthetically pleasing adjacency and interaction with the water.
From Farmer’s Market, looking towards Pedestrian Bridge
2. All structures adjacent to the water, including those involving fee
simple ownership, must be handled dimensionally to maximize an
aesthetically pleasing adjacency and interaction with the water.
Looking past Town Hall towards Pedestrian Bridge, Chapel
and Boutique Hotel
2. All structures adjacent to the water, including those involving fee
simple ownership, must be handled dimensionally to maximize an
aesthetically pleasing adjacency and interaction with the water.
From Chapel, looking back towards Retail Harbor
2. All structures adjacent to the water, including those involving fee
simple ownership, must be handled dimensionally to maximize an
aesthetically pleasing adjacency and interaction with the water.
Seperation of Vehicles from Plaza
3. Location of the plaza in Phase 1 in relationship to the water feature must allow for a high degree of public
access to the water feature from this plaza. This should be done in a manner that forces any and all vehicular
access into the plaza space via a separate conduit. This can be done in European village fashion with bollards
defining the vehicular path across the plaza ground plane, while separating cars from pedestrians (note: the Arts
District in Dallas has a street where this pedestrian and vehicular traffic are separated with bollards as
recommended here). This plaza should be extended to or as near as possible to the water feature.
View from Residential towards Storage - 1
4. Attention must be paid to the architectural and spatial relationship of the storage
building that will surround the gas well pad site with the residential uses across the
street from the storage building. This includes some type of architectural feature at
the corners of the storage building to create architectural interest.
View from Residential towards Storage - 2
4. Attention must be paid to the architectural and spatial relationship of the storage
building that will surround the gas well pad site with the residential uses across the
street from the storage building. This includes some type of architectural feature at
the corners of the storage building to create architectural interest.
View from Residential towards Storage - 3
4. Attention must be paid to the architectural and spatial relationship of the storage
building that will surround the gas well pad site with the residential uses across the
street from the storage building. This includes some type of architectural feature at
the corners of the storage building to create architectural interest.
View from Residential towards Storage - 4
4. Attention must be paid to the architectural and spatial relationship of the storage
building that will surround the gas well pad site with the residential uses across the
street from the storage building. This includes some type of architectural feature at
the corners of the storage building to create architectural interest.
Hillside Terrace View (Ideal)
5. The entire residential area in the southwest quadrant of the tract must
have a view corridor established where all streets and lots are terraced in a
manner whereby residences on the street above another residence are
viewing a roof top and horizontal vista, not looking downward into a backyard.
Hillside Terrace View (Entrada)
5. The entire residential area in the southwest quadrant of the tract must
have a view corridor established where all streets and lots are terraced in a
manner whereby residences on the street above another residence are
viewing a roof top and horizontal vista, not looking downward into a backyard.
Hillside Terrace View (Ideal)
5. The entire residential area in the southwest quadrant of the tract must
have a view corridor established where all streets and lots are terraced in a
manner whereby residences on the street above another residence are
viewing a roof top and horizontal vista, not looking downward into a backyard.
Hillside Terrace View (Entrada)
5. The entire residential area in the southwest quadrant of the tract must
have a view corridor established where all streets and lots are terraced in a
manner whereby residences on the street above another residence are
viewing a roof top and horizontal vista, not looking downward into a backyard.
Boutique Hotel Hillside Layout with Villas & Bungalows
(L’auberge de Sedona)
Castlemark Boutique Hotel in Entrada
Villas and Bungalows
Town Hall – Trail & Public Space Interaction
6. The location of the proposed Town Hall building should be set to maximize and create a
public gathering area near the water, as well as interact well in terms of the Town Hall’s site’s
adjacency to the trail system that goes along the edge of the water feature. This may mean
moving it further away from the round-about in front of the building.
Veronese and Signature Bridges
7. Pedestrian bridge should be point of strong architectural interest creating a “Ponte
Vecchio” visual impact type bridge. The other bridge, which will carry vehicular, bike
and pedestrian traffic should be a significant design feature of this development as
well. Both bridges should be located to link well with public plaza areas.
Public 12’ Walkway around Retail Harbor
8. A publicly accessible trail system must be located around the entire the perimeter of the
water feature with the exception of the villas’ section. Locations for fountains, benches,
tables, public art, and other public gathering areas must be shown along the trail system on
the Development Plan. This trail shall have a point of inter-connection with the trail system
in Solana on the tract adjoining to the east.
Engineering Standards
9. Engineering standards for this development must be approved with the
preliminary plat and must assist in carrying out the Staff’s recommendations
for the Development Plan contained in this report as well as meet the intent of
the design standards and guidelines contained in Ordinance No. 703.
Landscape Architectural Continuity along Davis and Solana Boulevards
10. When the tract is site planned, both the southeast corner of FM 1938 (Davis) and Solana Boulevard and the northeast corner
of FM 1938 (Davis) and SH114 must, include strong design public design elements that tie those corners to the intent of the
design standards and guidelines for this tract. Site plans for these corners shall minimize surface parking from being the main
visual feature at these hard corners (note: requiring some berming when these locations are site planned may help with this).
This includes incorporating design features from the Town’s FM 1938 Streetscape plan on the side of the subject tract that abuts
FM 1938. Also, a 3-4 foot stone wall that fits with the site’s design standards and guidelines shall be required around the
perimeter of the site on Solana Boulevard and FM 1938.
Proposed Vineyards and Tree Planting Zones along SH 114
11. Show on the Development Plan the type of Town Edge landscaping that will be
utilized along the SH114 side of the tract. Also show where along this Town Edge
landscape zone the landscaping will consist of trees and when other treatments such
as vineyards, as proposed by the developer, will be used.
15. A lighting plan must be submitted for this
Development Plan that meets the
requirements of the Section 14 of the zoning
ordinance for this site (Ordinance No. 703) as
well as Chapter 102 of the Town’s Code of
Ordinances. This plan should emphasize use
of bollard lights along trails, plazas, and
gathering areas. It should also emphasize
shielded low intensity down lighting for
parking lots and intersections.
16. A Master Landscape Plan for all common
areas, right-of-ways, public and private open
spaces, and Town Edge Landscape zones must
be submitted along with the next Site Plan and
before any building permits are issued, other
than the Site Plan and building permit for the
Sales Office.
P&Z Minutes
10/14/13
Page 1 of 7
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
October 14, 2013
PRESENT: Chairman Bill Greenwood, Commissioners Alesa Belvedere, Allen Heath and
Sharon Sanden.
ABSENT: Commissioners Walter Copeland and Tim Brittan.
OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda
DeGan, Planning and Development Director Eddie Edwards, Town
Secretary Kelly Edwards, Public Works Director Jarrod Greenwood,
and Facilities and Recreation Director Troy Meyer.
Regular Session
1. CALL TO ORDER
Chairman Greenwood called the meeting to order at 6:01 p.m.
2. REVIEW AND APPROVE MINUTES FROM THE MEETING HELD ON SEPTEMBER
30, 2013.
MOTION: Commissioner Belvedere made a motion to approve the minutes.
Commissioner Sanden seconded the motion. The motion carried
by a vote of 4-0.
DR
A
F
T
P&Z Minutes
10/14/13
Page 2 of 7
3. PUBLIC HEARING AND RECOMMENDATION REGARDING A DEVELOPMENT
PLAN FOR PD1-2, KNOWN AS ENTRADA, AN 85 ACRE (APPROX.) TRACT
LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND
SOLANA BOULEVARD.
Town Manager Brymer provided an overview of the item.
Mr. Jeff Blackard provided an overview and presentation of the proposed development.
Discussion ensued regarding vehicle traffic, parking, pedestrian trails, porter service,
proposed hotels, landscaping material, and building heights.
Town Manager Brymer provide an overview and presentation of the development plan
and staff recommendations.
Chairman Greenwood opened the public hearing.
No one addressed the Commission
Chairman Greenwood asked for a motion to close the public hearing.
MOTION: Commissioner Heath made a motion to close the public hearing.
Commissioner Sanden seconded the motion. The motion carried
by a vote of 4-0.
MOTION: Commissioner Heath made a motion to recommend approval the
development plan contingent upon the following:
1. The Development Plan must have architectural engagement of
all buildings to the water feature in a way that accommodates
public use of the trail (palisade) on the water’s edge.
2. All structures adjacent to the water, including those involving
fee simple ownership, must be handled dimensionally to
maximize an aesthetically pleasing adjacency and interaction
with the water.
3. Location of the plaza in Phase 1 in relationship to the water
feature must allow for a high degree of public access to the
water feature from this plaza. This should be done in a
manner that forces any and all vehicular access into the plaza
space via a separate conduit. This can be done in European
village fashion with bollards defining the vehicular path across
the plaza ground plane, while separating cars from pedestrians
(note: the Arts District in Dallas has a street where this
pedestrian and vehicular traffic are separated with bollards as
DR
A
F
T
P&Z Minutes
10/14/13
Page 3 of 7
recommended here). This plaza should be extended to or as
near as possible to the water feature.
4. Attention must be paid to the architectural and spatial
relationship of the storage building that will surround the gas
well pad site with the residential uses across the street from
the storage building. This includes some type of architectural
feature at the corners of the storage building to create
architectural interest.
5. The entire residential area in the southwest quadrant of the
tract must have a view corridor established where all streets
and lots are terraced in a manner whereby residences on the
street above another residence are viewing a roof top and
horizontal vista, not looking downward into a backyard.
6. The location of the proposed Town Hall building should be set
to maximize and create a public gathering area near the water,
as well as interact well in terms of the Town Hall’s site’s
adjacency to the trail system that goes along the edge of the
water feature. This may mean moving it further away from the
round-about in front of the building.
7. Pedestrian bridge should be point of strong architectural
interest creating a “Ponte Vecchio” visual impact type bridge.
The other bridge, which will carry vehicular, bike and
pedestrian traffic should be a significant design feature of this
development as well. Both bridges should be located to link
well with public plaza areas.
8. A publicly accessible trail system must be located around the
entire the perimeter of the water feature with the exception of
the villas’ section. Locations for fountains, benches, tables,
public art, and other public gathering areas must be shown
along the trail system on the Development Plan. This trail shall
have a point of inter-connection with the trail system in Solana
on the tract adjoining to the east.
9. Engineering standards for this development must be approved
with the preliminary plat and must assist in carrying out the
Staff’s recommendations for the Development Plan contained in
this report as well as meet the intent of the design standards
and guidelines contained in Ordinance No. 703.
10. When the tract is site planned, both the southeast corner of FM
1938 (Davis) and Solana Boulevard and the northeast corner of
FM 1938 (Davis) and SH114 must, include strong design public
design elements that tie those corners to the intent of the
DR
A
F
T
P&Z Minutes
10/14/13
Page 4 of 7
design standards and guidelines for this tract. Site plans for
these corners shall minimize surface parking from being the
main visual feature at these hard corners (note: requiring
some berming when these locations are site planned may help
with this). This includes incorporating design features from the
Town’s FM 1938 Streetscape plan on the side of the subject
tract that abuts FM 1938. Also, a 3-4 foot stone wall that fits
with the site’s design standards and guidelines shall be required
around the perimeter of the site on Solana Boulevard and FM
1938.
11. Show on the Development Plan the type of Town Edge
landscaping that will be utilized along the SH114 side of the
tract. Also show where along this Town Edge landscape zone
the landscaping will consist of trees and when other treatments
such as vineyards, as proposed by the developer, will be used.
12. Approve use of Italian Cypress trees on the tract as the
predominant tree of choice for the landscaping.
13. All recommendations made by Staff in the Staff Report
presented at the time of zoning approval on April 22, 2013
continue in place (discussed above in Section I of this report).
14. All site plans submitted subsequent to approval of this
Development Plan shall comport to all the design standards and
guidelines as set out Ordinance No. 703.
15. A lighting plan must be submitted for this Development Plan
that meets the requirements of the Section 14 of the zoning
ordinance for this site (Ordinance No. 703) as well as Chapter
102 of the Town’s Code of Ordinances. This plan should
emphasize use of bollard lights along trails, plazas, and
gathering areas. It should also emphasize shielded low
intensity down lighting for parking lots and intersections.
16. A Master Landscape Plan for all common areas, right-of-ways,
public and private open spaces, and Town Edge Landscape
zones must be submitted along with the next Site Plan and
before any buildings permits are issued, other than the Site
Plan and building permit for the Sales Office.
Commissioner Sanden seconded the motion. The motion carried
by a vote of 4-0.
DR
A
F
T
P&Z Minutes
10/14/13
Page 5 of 7
4. PUBLIC HEARING AND RECOMMENDATION REGARDING THE APPROVAL OF A
PRELIMINARY PLAT OF ALL OF THE LAND CONTAINED WITHIN THE PLANNED
DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2) ZONING DISTRICT.
THE SUBJECT PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND LOCATED
AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA
BOULEVARD, EXTENDING NORTH TO HWY 114.
Mr. Bobby Dollak, Project Engineer, provided a presentation and overview of the
preliminary plat.
Discussion ensued regarding the drainage and lake levels, 100 year flood plan, rel ease
points for the lake, wells supplying the lake, and the locations for tying into the
Westlake’s water.
Director Edwards provided an overview of the staff recommendations.
Discussion ensued regarding the proposed Public Improvement District (PID),
maintenance of the streets, and the maintenance of landscaping and trails by the
association.
Chairman Greenwood opened the public hearing.
No one addressed the Commission.
Chairman Greenwood asked for a motion to close the public hearing.
MOTION: Commissioner Sanden made a motion to close the public hearing.
Commissioner Heath seconded the motion. The motion carried by
a vote of 4-0.
MOTION: Commissioner Sanden made a motion to recommend approval of
the preliminary plat contingent upon the following:
1. Add a note to the Preliminary Plat stating that all public
infrastructure, with the exception of water, sewer, and Town
duct bank, will be maintained by the Developer and/or HOA
and these items will be described in detail in the Developer’s
Agreement for this property referred to in Recommendation No.
3 below.
2. This Preliminary Plat does not reflect compliance with the
Engineering Design Standards adopted by the Town of
Westlake. Engineering Design Standards may be approved for
the PD1-2 Zoning District that amend the adopted Engineering
Design Standards for the PD1-2 Zoning District only. Prior to
approval of this Preliminary Plat by the Town Council, the
DR
A
F
T
P&Z Minutes
10/14/13
Page 6 of 7
developer must submit engineering Design Standards for
approval by the Town Council as part of the Development Plan.
3. The Preliminary Plat approval is conditioned upon compliance
with the Developer’s Agreement for the PD1-2 Development.
Said Developer’s Agreement should be approved at or prior to
consideration of the Preliminary Plat for approval.
Commissioner Belvedere seconded the motion. The motion
carried by a vote of 4-0.
5. PUBLIC HEARING AND RECOMMENDATION REGARDING A SITE PLAN FOR AN
APPROXIMATELY ½ ACRE TRACT OF LAND CONTAINED WITHIN THE
PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2) ZONING
DISTRICT. THE SUBJECT PROPERTY IS NOT PLATTED BUT IS THE
SOUTHWESTERN MOST CORNER OF LOT 1, BLK A OF THE ENTRADA
SUBDIVISION AS SHOWN ON THE PRELIMINARY PLAT.
Mr. Dollak and Mr. Beaty provided a presentation and overview of the proposed site
plan.
Mr. Ron Stewart, Landscape Architect provided an overview of the landscaping plans for
the site.
Discussion ensued access to the proposed development from the site and storage of
trash receptacles.
Chairman Greenwood opened the public hearing.
No one addressed the commission.
Chairman Greenwood asked for a motion to close the public hearing.
MOTION: Commissioner Heath made a motion to close the public hearing.
Commissioner Sanden seconded the motion. The motion carried
by a vote of 4-0.
MOTION: Commissioner Sanden made a motion to recommended approval
of the site plan contingent upon the following:
1. Approval is subject to the building design and architecture as
submitted to the P&Z at this meeting. This would include
granting the variance that the Applicant/Developer is
requesting to the Town’s building articulation requirements on
the building’s side closest to SH114.
DR
A
F
T
P&Z Minutes
10/14/13
Page 7 of 7
2. Add a note on the site plan requiring cross access for vehicular
traffic on all abutting tracts.
3. While not requiring a solid waste collection (dumpster)
location on this Site Plan, add a stipulation that solid waste
collection for this Site Plan will be addressed in a joint (i.e
consolidated) solid waste collection point for this and adjacent
tracts which will be a part of the consideration for approval of
Site Plans for the adjacent tracts. All trash receptacles shall
be screened from view.
4. A lighting plan must be submitted for this Site Plan that meets
the requirements of the Section 14 of zoning ordinance for this
site (Ordinance No. 703) as well as Chapter 102 of the Town’s
Code of Ordinances.
5. All electrical, plumbing, and mechanical equipment, piping,
and metering shall be screened from view. When screening is
not possible, painting to match the exterior of the portion of
the building in closest proximity to the above mentioned items
is required.
Commissioner Belvedere seconded the motion. The motion carried by a vote of
4-0.
6. ADJOURNMENT
There being no further business to come before the Chairman Greenwood, asked for a
motion to adjourn.
MOTION: Commissioner Heath made a motion to adjourn the meeting.
Commissioner Sanden seconded the motion. The motion carried by a
vote of 4-0.
Chairman Greenwood adjourned the meeting at 9:20 p.m.
APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE ______ DAY OF
_________ 2013.
________________________________
ATTEST: William E. Greenwood, Chairman
______________________________
Kelly Edwards, Town Secretary
DR
A
F
T
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Planning & Zoning Commission Meeting
Monday, October 14, 2013
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Public Hearing and Consideration for a recommendation regarding the approval of a
Preliminary Plat of all of the land contained within the Planned Development District 1, Planning
Area 2 (PD1-2) zoning district. The subject property is an 85 Acre (approx.) tract of land located
at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard, extending north to Hwy
114.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Page 2 of 2
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
A Preliminary Plat must be approved prior to the Town approving construction plans for the
infrastructure within the development. A Preliminary Plat must reflect compliance with all
applicable ordinances.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The property was rezoned for Mixed-Use development and a Concept Plan was approved along
with the zoning. Subsequently a Development Plan was submitted for approval. The approval
of the Development Plan is an amendment to the PD zoning and also amends the Concept Plan.
The Preliminary Plat comports to the Development Plan and the Concept Plan as amended by the
Development Plan. Staff recommends approval subject to the provisions contained in the staff
report. The staff report will be presented at the public hearing.
ATTACHMENTS
1. Preliminary Plat
2. Staff Report
3. Resolution
COVER SHEET
PRELIMINARY PLAT
PP
12
1
3
9
R
+
L
O
O
V
L
G
H
'
U
L
Y
H
/
H
Z
L
V
Y
L
O
O
H
7
;
3
)
'
D
O
O
D
V
'
U
L
Y
H
6
X
L
W
H
5
R
D
Q
R
N
H
7
;
3
)
TB
P
E
F
i
r
m
N
o
.
1
7
9
8
Co
n
t
a
c
t
:
R
o
b
e
r
t
J
.
D
o
l
l
a
k
,
J
r
.
,
P
.
E
.
ENTRADA
TO
W
N
O
F
T
R
O
P
H
Y
C
L
U
B
TO
W
N
O
F
W
E
S
T
L
A
K
E
TO
W
N
O
F
W
E
S
T
L
A
K
E
CI
T
Y
O
F
S
O
U
T
H
L
A
K
E
SH
1
1
4
F.M
1
9
3
8
F.M. 1938
Do
v
e
R
o
a
d
Sola
n
a
B
l
v
d
C
a
p
i
t
a
l
P
k
w
y
S
c
a
l
e
:
1
"
=
1
0
0
0
'
Lo
t
2
,
B
l
o
c
k
1
Westlake/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
Lo
t
1
,
B
l
o
c
k
1
W
e
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
Pa
r
k
A
d
d
i
t
i
o
n
N
o
.
Vo
l
u
m
e
3
8
8
-
2
1
4
P
a
g
e
s
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERS
12
1
3
9
+
L
O
O
V
L
G
H
'
U
L
Y
H
/
H
Z
L
V
Y
L
O
O
H
7
;
3
)
'
D
O
O
D
V
'
U
L
Y
H
6
X
L
W
H
5
R
D
Q
R
N
H
7
;
3
)
N
o
.
1
0
0
4
7
7
0
0
N
o
.
1
7
9
8
TB
P
E
F
i
r
m
TB
P
L
S
F
i
r
m
1/
3
LE
G
A
L
D
E
S
C
R
I
P
T
I
O
N
85
.
9
2
1
A
c
.
BE
I
N
G
a
l
l
t
h
a
t
c
e
r
t
a
i
n
l
o
t
,
t
r
a
c
t
o
r
p
a
r
c
e
l
o
f
l
a
n
d
s
i
t
u
a
t
e
d
i
n
t
h
e
C
.
M
.
T
h
r
o
o
p
S
u
r
v
e
y
,
A
b
s
t
r
a
c
t
N
u
m
b
e
r
1
5
1
0
,
t
h
e
W
.
M
e
d
l
i
n
S
u
r
v
e
y
,
Ab
s
t
r
a
c
t
N
u
m
b
e
r
1
9
5
8
a
n
d
t
h
e
J
o
s
e
p
h
H
e
n
r
y
S
u
r
v
e
y
,
A
b
s
t
r
a
c
t
N
u
m
b
e
r
7
4
2
,
T
a
r
r
a
n
t
C
o
u
n
t
y
,
T
e
x
a
s
,
a
n
d
b
e
i
n
g
p
a
r
t
o
f
t
h
a
t
c
e
r
t
a
i
n
t
r
a
c
t
of
l
a
n
d
d
e
s
c
r
i
b
e
d
a
s
T
r
a
c
t
2
B
i
n
d
e
e
d
t
o
M
a
g
u
i
r
e
P
a
r
t
n
e
r
s
-
S
o
l
a
n
a
L
a
n
d
,
L
.
P
.
,
r
e
c
o
r
d
e
d
i
n
V
o
l
u
m
e
1
6
8
5
8
,
P
a
g
e
1
7
6
o
f
t
h
e
D
e
e
d
R
e
c
o
r
d
s
of
T
a
r
r
a
n
t
C
o
u
n
t
y
,
T
e
x
a
s
a
n
d
b
e
i
n
g
m
o
r
e
p
a
r
t
i
c
u
l
a
r
l
y
d
e
s
c
r
i
b
e
d
a
s
f
o
l
l
o
w
s
:
BE
G
I
N
N
I
N
G
D
W
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
+
X
L
W
W
=
R
O
D
U
V
´
D
W
W
K
H
V
R
X
W
K
H
D
V
W
F
R
U
Q
H
U
R
I
/
R
W
%
O
R
F
N
:
H
V
W
O
D
N
H
6
R
X
W
K
O
D
N
H
3
D
U
N
Ad
d
i
t
i
o
n
N
o
.
1
,
a
n
a
d
d
i
t
i
o
n
t
o
t
h
e
T
o
w
n
o
f
W
e
s
t
l
a
k
e
a
c
c
o
r
d
i
n
g
t
o
t
h
e
p
l
a
t
t
h
e
r
e
o
f
r
e
c
o
r
d
e
d
i
n
V
o
l
u
m
e
3
8
8
-
2
1
4
,
P
a
g
e
7
8
o
f
t
h
e
P
l
a
t
Re
c
o
r
d
s
o
f
T
a
r
r
a
n
t
C
o
u
n
t
y
,
T
e
x
a
s
,
a
n
d
b
e
i
n
g
o
n
t
h
e
s
o
u
t
h
e
r
l
y
r
i
g
h
t
-
o
f
-
w
a
y
l
i
n
e
o
f
S
t
a
t
e
H
i
g
h
w
a
y
1
1
4
;
TH
E
N
C
E
6
´
:
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
&
D
U
W
H
U
%
X
U
J
H
V
V
´
D
W
W
K
H
Q
R
U
W
K
Z
H
V
W
F
R
U
Q
H
U
R
I
/
R
W
Bl
o
c
k
1
o
f
s
a
i
d
W
e
s
t
l
a
k
e
/
S
o
u
t
h
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
;
TH
E
N
C
E
6
´
:
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
&
D
U
W
H
U
%
X
U
J
H
V
V
´
D
W
W
K
H
Z
H
V
W
H
U
O
\
Q
R
U
W
K
Z
H
V
W
F
R
U
Q
H
U
R
I
sa
i
d
L
o
t
2
;
TH
E
N
C
E
6
´
(
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
E
H
L
Q
J
R
Q
W
K
H
Q
R
U
W
K
H
D
V
W
H
U
O
\
O
L
Q
H
R
I
.
L
U
N
Z
R
R
G
%
R
X
O
H
Y
D
U
G
D
V
G
H
V
F
U
L
E
H
G
in
d
e
e
d
,
r
e
c
o
r
d
e
d
i
n
d
o
c
u
m
e
n
t
n
u
m
b
e
r
D
2
0
8
4
2
7
7
4
6
o
f
t
h
e
D
e
e
d
R
e
c
o
r
d
s
o
f
T
a
r
r
a
n
t
C
o
u
n
t
y
,
T
e
x
a
s
;
TH
E
N
C
E
w
i
t
h
t
h
e
N
o
r
t
h
l
i
n
e
o
f
s
a
i
d
K
i
r
k
w
o
o
d
B
o
u
l
e
v
a
r
d
t
h
e
f
o
l
l
o
w
i
n
g
s
e
v
e
n
(
7
)
c
o
u
r
s
e
s
a
n
d
d
i
s
t
a
n
c
e
s
:
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
O
H
I
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
D
Q
G
ZK
R
V
H
F
K
R
U
G
E
H
D
U
V
1
´
:
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
1
´
:
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
U
L
J
K
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
D
Q
G
ZK
R
V
H
F
K
R
U
G
E
H
D
U
V
1
´
:
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
U
L
J
K
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
D
Q
G
ZK
R
V
H
F
K
R
U
G
E
H
D
U
V
1
´
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
1
´
:
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
O
H
I
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
Z
L
W
K
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
DQ
G
Z
K
R
V
H
F
K
R
U
G
E
H
D
U
V
1
´
:
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
1
´
:
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
V
H
W
V
W
D
P
S
H
G
³
*
$
&
R
Q
V
X
O
W
D
Q
W
V
´
D
W
W
K
H
V
R
X
W
K
H
Q
G
R
I
D
F
R
U
Q
H
U
F
O
L
S
D
W
W
K
H
in
t
e
r
s
e
c
t
i
o
n
o
f
s
a
i
d
K
i
r
k
w
o
o
d
B
o
u
l
e
v
a
r
d
a
n
d
t
h
e
e
a
s
t
e
r
l
y
l
i
n
e
o
f
P
r
e
c
i
n
c
t
L
i
n
e
R
o
a
d
a
s
d
e
s
c
r
i
b
e
d
i
n
d
e
e
d
,
r
e
c
o
r
d
e
d
i
n
d
o
c
u
m
e
n
t
nu
m
b
e
r
D
2
0
8
4
2
7
7
4
6
o
f
t
h
e
D
e
e
d
R
e
c
o
r
d
s
o
f
T
a
r
r
a
n
t
C
o
u
n
t
y
,
T
e
x
a
s
;
TH
E
N
C
E
1
´
:
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
V
H
W
V
W
D
P
S
H
G
³
*
$
&
R
Q
V
X
O
W
D
Q
W
V
´
D
W
W
K
H
Q
R
U
W
K
H
Q
G
R
I
V
D
L
G
F
R
U
Q
H
U
F
O
L
S
TH
E
N
C
E
a
l
o
n
g
t
h
e
e
a
s
t
l
i
n
e
o
f
s
a
i
d
P
r
e
c
i
n
c
t
L
i
n
e
R
o
a
d
,
t
h
e
f
o
l
l
o
w
i
n
g
t
h
r
e
e
(
3
)
c
o
u
r
s
e
s
a
n
d
d
i
s
t
a
n
c
e
s
;
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
O
H
I
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
D
Q
G
ZK
R
V
H
F
K
R
U
G
E
H
D
U
V
1
´
(
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
V
H
W
V
W
D
P
S
H
G
³
*
$
&
R
Q
V
X
O
W
D
Q
W
V
´
1
´
(
I
H
H
W
W
R
D
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
*
U
D
K
D
P
´
1
´
(
I
H
H
W
W
R
D
´
U
H
E
D
U
I
R
X
Q
G
D
W
W
K
H
V
R
X
W
K
H
Q
G
R
I
D
F
R
U
Q
H
U
F
O
L
S
D
W
W
K
H
L
Q
W
H
U
V
H
F
W
L
R
Q
R
I
V
D
L
G
3
U
H
F
L
Q
F
W
/
L
Q
H
5
R
D
G
D
Q
G
St
a
t
e
H
i
g
h
w
a
y
1
1
4
;
TH
E
N
C
E
1
´
(
I
H
H
W
W
R
D
´
U
H
E
D
U
I
R
X
Q
G
L
Q
F
R
Q
F
U
H
W
H
D
W
W
K
H
Q
R
U
W
K
H
Q
G
R
I
V
D
L
G
6
W
D
W
H
+
L
J
K
Z
D
\
TH
E
N
C
E
a
l
o
n
g
t
h
e
s
o
u
t
h
l
i
n
e
o
f
s
a
i
d
S
t
a
t
e
H
i
g
h
w
a
y
1
1
4
,
t
h
e
f
o
l
l
o
w
i
n
g
e
i
g
h
t
(
8
)
c
o
u
r
s
e
s
a
n
d
d
i
s
t
a
n
c
e
s
;
6
´
I
H
H
W
W
R
D
%
U
D
V
V
7
H
[
D
V
'
H
S
D
U
W
P
H
Q
W
R
I
7
U
D
Q
V
S
R
U
W
D
W
L
R
Q
7
[
'
R
W
0
R
Q
X
P
H
Q
W
I
R
X
Q
G
6
´
(
I
H
H
W
W
R
D
%
U
D
V
V
7
[
'
R
W
0
R
Q
X
P
H
Q
W
I
R
X
Q
G
6
´
(
I
H
H
W
W
R
D
%
U
D
V
V
7
[
'
R
W
0
R
Q
X
P
H
Q
W
I
R
X
Q
G
6
´
(
I
H
H
W
W
R
D
%
U
R
N
H
Q
%
U
D
V
V
7
[
'
R
W
0
R
Q
X
P
H
Q
W
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
U
L
J
K
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
D
Q
G
ZK
R
V
H
F
K
R
U
G
E
H
D
U
V
6
´
(
I
H
H
W
W
R
D
%
U
D
V
V
7
[
'
R
W
0
R
Q
X
P
H
Q
W
I
R
X
Q
G
6
´
(
I
H
H
W
W
R
D
%
U
R
N
H
Q
%
U
D
V
V
7
[
'
R
W
0
R
Q
X
P
H
Q
W
6
´
(
I
H
H
W
W
R
D
´
F
D
S
S
H
G
U
H
E
D
U
I
R
X
Q
G
V
W
D
P
S
H
G
³
+
X
L
W
W
=
R
O
D
U
V
´
:L
W
K
W
K
H
D
U
F
R
I
D
F
X
U
Y
H
W
R
W
K
H
U
L
J
K
W
K
D
Y
L
Q
J
D
U
D
G
L
X
V
R
I
I
H
H
W
D
F
H
Q
W
U
D
O
D
Q
J
O
H
R
I
´
D
Q
D
U
F
O
H
Q
J
W
K
R
I
I
H
H
W
D
Q
G
ZK
R
V
H
F
K
R
U
G
E
H
D
U
V
6
´
(
I
H
H
W
W
R
W
K
H
PO
I
N
T
O
F
B
E
G
I
N
N
I
N
G
a
n
d
c
o
n
t
a
i
n
i
n
g
a
p
p
r
o
x
i
m
a
t
e
l
y
8
5
.
9
2
1
a
c
r
e
s
o
f
la
n
d
.
Lo
t
2
,
B
l
o
c
k
1
We
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERS
12
1
3
9
+
L
O
O
V
L
G
H
'
U
L
Y
H
/
H
Z
L
V
Y
L
O
O
H
7
;
3
)
'
D
O
O
D
V
'
U
L
Y
H
6
X
L
W
H
5
R
D
Q
R
N
H
7
;
3
)
N
o
.
1
0
0
4
7
7
0
0
N
o
.
1
7
9
8
TB
P
E
F
i
r
m
TB
P
L
S
F
i
r
m
2/
3
12
1
3
9
+
L
O
O
V
L
G
H
'
U
L
Y
H
/
H
Z
L
V
Y
L
O
O
H
7
;
3
)
'
D
O
O
D
V
'
U
L
Y
H
6
X
L
W
H
5
R
D
Q
R
N
H
7
;
3
)
N
o
.
1
0
0
4
7
7
0
0
N
o
.
1
7
9
8
TB
P
E
F
i
r
m
TB
P
L
S
F
i
r
m
3/
3
Lo
t
2
,
B
l
o
c
k
1
We
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERS
P.R.T.C.T.
SUBDIVISION PLAN WEST
12
1
3
9
R
PP
4
ENTRADA
SUBDIVISION PLAN EAST
12
1
3
9
R
PP
5
ENTRADA
Lo
t
2
,
B
l
o
c
k
1
Westla
k
e
/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
Lo
t
1
,
B
l
o
c
k
1
W
e
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
Pa
r
k
A
d
d
i
t
i
o
n
N
o
.
Vo
l
u
m
e
3
8
8
-
2
1
4
P
a
g
e
s
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERSGranada Trail P.R.T.C.T.
EXISTING DAM
12
1
3
9
R
PP
6
ENTRADA
Lo
t
2
,
B
l
o
c
k
1
We
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERS
P.R.T.C.T.
PROPOSED DAM WEST
12
1
3
9
R
PP
7
ENTRADA
PROPOSED DAM EAST
12
1
3
9
R
PP
8
ENTRADA
Lo
t
2
,
B
l
o
c
k
1
We
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERS
P.R.T.C.T.
WATER & SEWER PLAN
WEST
12
1
3
9
R
PP
9
ENTRADA
WATER & SEWER PLAN
EAST
12
1
3
9
R
PP
1
0
ENTRADA
Lo
t
2
,
B
l
o
c
k
1
We
s
t
l
a
k
e
/
S
o
u
t
h
l
a
k
e
P
a
r
k
A
d
d
i
t
i
o
n
N
o
.
1
Vo
l
.
3
8
8
-
2
1
4
,
P
g
7
8
&
7
9
P.
R
.
T
.
C
.
T
.
FMR TEXAS LIMITED PARTNERSHIPVOL. 14146, PG 381D.R.T.C.T.GRANADAMAGUIRE PARTNERS
P.R.T.C.T.
STORM SEWER PLAN WEST
12
1
3
9
R
PP
1
1
ENTRADA
STORM SEWER PLAN EAST
12
1
3
9
R
PP
1
2
ENTRADA
STREET SECTIONS
12
1
3
9
R
PP
1
3
ENTRADA
Resolution 13-32
Page 1 of 6
TOWN OF WESTLAKE
RESOLUTION 13-32
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A PRELIMINARY PLAT FOR THE PROPERTY DESCRIBED
AS BEING THE TRACTS OF LAND TOTALING APPROXIMATELY 85 ACRES,
GENERALLY LOCATED AT THE NORTH EAST CORNER OF DAVIS BLVD. AND
SOLANA BLVD.; COMMONLY KNOW AS THE ENTRADA DEVELOPMENT
PROPERTY, SHOWN ON THE TOWN OF WESTLAKE ZONING MAP AS THE
PROPERTY ZONED PD1-2, BEING PLANNED DEVELOPMENT DISTRICT 1,
PLANNING AREA 2; TARRANT COUNTY, TEXAS.
WHEREAS, the Planning and Zoning commission held a public hearing on October 14,
2013 and voted unanimously to recommend approval of the preliminary plat; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interests of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council of the Town of Westlake, Texas, after considering
the recommendation for approval from the Planning and Zoning Commission on June 10, 2013,
and after holding a public hearing, does hereby approve the Preliminary Plat for the Entrada
subdivision, (PD1-2), as attached. The preliminary plat is 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 13-32
Page 2 of 6
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28th DAY OF OCTOBER, 2013.
_____________________________
ATTEST: Laura L. Wheat, Mayor
_______________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 13-32
Page 3 of 6
EXHIBIT “A” Legal Description of PD1-2 District
85.90 Acres
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin
Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry
Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in
the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in
Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot
2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas
as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on
the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as
dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-
tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of
1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50
seconds West a distance of 229.54 feet;
THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with
right-of-way, as described in Dedication Deed to the Town of Westlake as recorded under
instrument No. D208427746, Deed Records of Tarrant County, Texas the following:
Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap
at the end of said curve;
North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found
with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54
minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North
43 degrees 02 minutes 03 seconds West a distance of 201.11 feet;
Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with
Graham cap at the beginning of a compound curve to the right having a central angle of 24
degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which
bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet;
Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with
Graham cap at the end of a said curve;
North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod
found with Graham cap at the beginning of a curve to the left having a central angle of 45
degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which
bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet;
Resolution 13-32
Page 4 of 6
Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod
found with Graham cap;
North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod
found with Graham cap on the easterly right-of-way line of Precinct Line Road, a variable width
right-of-way, as described in Dedication Deed to Town of Westlake as recorded under
Instrument No. D208427746, Deed Records of Tarrant County, Texas and being the beginning of
a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a
radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes
42 seconds East a distance of 402.59 feet;
THENCE along the easterly right-of-way line of Precinct Line Road, the following;
Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found
with Graham cap;
North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found
on the southerly right-of-way line of State Highway 114 (a variable width ROW);
THENCE along the southerly right-of-way line of State Highway 114, the following;
North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from
which a Texas Department of Transportation brass disk in concrete found bears North 10 degrees
48 minutes 28 seconds West a distance of 0.43 feet;
South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department
of Transportation brass disk in concrete found;
South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of
Transportation brass disk in concrete found at the beginning of a curve to the right having a
central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended
by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet;
Resolution 13-32
Page 5 of 6
Along said curve to the right an arc distance of 393.45 feet to a Texas Department of
Transportation brass disk in concrete found;
South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of
Transportation brass disk in concrete found;
South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found
with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central
angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a
chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet;
Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-
Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned
Westlake/Southlake Park Addition No. 1;
THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00
minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet
to a 5/8 inch iron rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2,
Block 1, Westlake/Southlake Park Addition No. 1;
THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2,
Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at
an angle point in the west line of Lot 2, Block 1;
THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds
East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of
land, more or less.
Resolution 13-32
Page 6 of 6
Page 1 of 2
TOWN OF WESTLAKE, TX
STAFF REPORT TO TOWN COUNCIL
ENTRADA PRELIMINARY PLAT
Date: 10-21-2013
Request: Approval of a Preliminary Plat for PD1-2 “Entrada”
Agenda Item: Consideration of a Preliminary Plat for PD1-2 “Entrada”
CASE INFORMATION
Development Name: Westlake Entrada
Location: The subject property is generally located at the northeast corner of FM 1938
and Solana Boulevard. Subject site is bounded on the south by Solana Boulevard, on
the west by FM 1938 (Davis Blvd), on the north by SH 114, and to the east by the
Solana office park development that is part of the PD1-1 zoning district.
Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi)
Applicant: Jeffory D. Blackard
Developer: Centurion American Development Group
Acres : 85 acres (approx.)
Approved Use(s): The approved uses for this tract are set out in Ordinance No. 703.
Generally speaking, the approved uses utilize a Spanish architectural theme to create a
European style village that blends a wide range of various uses (offices, governmental,
retail, restaurants, business services, medical services, entertainment establishments,
single family residential detached homes and villas or town homes. These uses are all
located around a major water amenity (lake).
I. DISCUSSION OF THIS PRELIMINARY PLAT
Purpose of a Preliminary Plat. A Preliminary Plat is required if a development
requires the extension of public utilities or infrastructure. The Preliminary Plat
also provides guidance for Final Platting of properties and enables all involved to
see the relationship of roadways, trails, open space, access easements, and
utilities with the proposed lots.
If a Development Plan was approved for the development the Preliminary Plat
must comport to the Development Plan.
A Preliminary Plan must comply reflect compliance with all applicable
Engineering Design Standards.
II. Recommendations Related to the Submitted Preliminary Plat for PD1-2
(Entrada)
Page 2 of 2
Staff recommends approval of this Preliminary Plat subject to the following stipulations:
1. Add a note to the Preliminary Plat stating that all public infrastructure; with the
exception of water, sewer, and Town duct bank; will be maintained by the
Developer, HOA, and our via the Public Improvement District (PID) and these
items will be described in detail in the Developer’s Agreement for this property
referred to in Recommendation No. 3 below.
2. This Preliminary Plat does not reflect compliance with the Engineering Design
Standards adopted by the Town of Westlake. Engineering Design Standards
may be approved for the PD1-2 Zoning District that will amend the Engineering
Design Standards for the PD1-2 Zoning District only. Prior to approval of this
Preliminary Plat by the Town Council, the developer must submit engineering
Design Standards for approval by the Town Council as part of the Development
Plan.
3. The Preliminary Plat approval is conditioned upon compliance with the
Developer’s Agreement for the PD1-2 Development. Said Developer’s
Agreement should be approved at or prior to consideration of the Preliminary Plat
for approval.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Public Hearing and Consideration of an ordinance regarding the approval of a Site Plan
for an approximately ½ acre tract of land contained within the Planned Development District 1,
Planning Area 2 (PD1-2) zoning district. The subject property is not platted but is the
southwestern most corner of Lot 1, Blk A of the Entrada subdivision as shown on the
Preliminary Plat.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
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
A PD Site Plan must be approved prior to the Town issuing a Building Permit for improvements
other than infrastructure for the development. A PD Site Plan must reflect compliance with the
Development Plan, the Preliminary Plat, and the PD Zoning regulations.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The property was rezoned for Mixed-Use development and a Concept Plan, Development Plan
and a Preliminary Plat have been approved. The Site Plan reflects general compliance with the
PD Zoning regulations and approved Development Plan. Staff recommends approval subject to
the provisions contained in the staff report. The staff report will be presented at the public
hearing.
ATTACHMENTS
1. PD Site Plan
2. Staff Report on PPlat
3. Ordinance w/ exhibits
COVER SHEET
PRELIMINARY PLAT
C
12
1
3
9
R
+
L
O
O
V
L
G
H
'
U
L
Y
H
/
H
Z
L
V
Y
L
O
O
H
7
;
3
)
'
D
O
O
D
V
'
U
L
Y
H
6
X
L
W
H
5
R
D
Q
R
N
H
7
;
3
)
TB
P
E
F
i
r
m
N
o
.
1
7
9
8
Co
n
t
a
c
t
:
R
o
b
e
r
t
J
.
D
o
l
l
a
k
,
J
r
.
,
P
.
E
.
ENTRADA
TO
W
N
O
F
T
R
O
P
H
Y
C
L
U
B
TO
W
N
O
F
W
E
S
T
L
A
K
E
TO
W
N
O
F
W
E
S
T
L
A
K
E
CI
T
Y
O
F
S
O
U
T
H
L
A
K
E
SH
1
1
4
F.M
1
9
3
8
F.M. 1938
Do
v
e
R
o
a
d
Sola
n
a
B
l
v
d
C
a
p
i
t
a
l
P
k
w
y
S
c
a
l
e
:
1
"
=
1
0
0
0
'
12
1
3
9
+
L
O
O
V
L
G
H
'
U
L
Y
H
/
H
Z
L
V
Y
L
O
O
H
7
;
3
)
'
D
O
O
D
V
'
U
L
Y
H
6
X
L
W
H
5
R
D
Q
R
N
H
7
;
3
)
N
o
.
1
0
0
4
7
7
0
0
N
o
.
1
7
9
8
TB
P
E
F
i
r
m
TB
P
L
S
F
i
r
m
1/
1
TO
W
N
O
F
T
R
O
P
H
Y
C
L
U
B
TO
W
N
O
F
W
E
S
T
L
A
K
E
TO
W
N
O
F
W
E
S
T
L
A
K
E
CI
T
Y
O
F
S
O
U
T
H
L
A
K
E
SH
1
1
4
F.M
1
9
3
8
F.M. 1938
Do
v
e
R
o
a
d
Sola
n
a
B
l
v
d
C
a
p
i
t
a
l
P
k
w
y
S
c
a
l
e
:
1
"
=
1
0
0
0
'
͞
͟
͟
͟
͞
͟
͟
͞
͟
͟
͞
͟
͟
͞
͟
͟
͞
͟
͟
͞
͟
͟
21$
GENERAL NOTES
12
1
3
9
R
C2
ENTRADA
SITE PLAN
12
1
3
9
R
C3
ENTRADA
PAVING PLAN
12
1
3
9
R
C4
ENTRADA
EXISTING DAM
12
1
3
9
R
C5
ENTRADA
PROPOSED DAM
12
1
3
9
R
C6
ENTRADA
LANDSCAPE PLAN
12
1
3
9
R
L1
ENTRADA
.
T
O
N
S
R
S
A
ET
STA
1
O
F
7
9
E
T
X
E
A
WART
QUANTITYCOMMON NAMEBOTANICAL NAMESIZEMIN. HT.SPACE
RE
M
A
R
K
S
8LIVE OAKQuercus virginiana3" cal.12'-14'per pla
n
Si
n
g
l
e
t
r
u
n
k
DWARF YAUPON HOLLYHABOUR DWARF NANDINA 1212Nandina domestica 'Harbour Dwarf'Ilex vomitoria 'Nana'3 gal.12"
Fu
l
l
3'-0" o
.
c
.
3 gal.12"
Fu
l
l
3'-0"o
.
c
.
Al
l
l
a
n
d
s
c
a
p
e
w
i
l
l
b
e
1
0
0
%
w
a
t
e
r
e
d
b
y
a
n
u
n
d
e
r
g
r
o
u
n
d
i
r
r
i
g
a
t
i
o
n
s
y
s
t
e
m
.
Al
l
p
l
a
n
t
m
a
t
e
r
i
a
l
s
w
i
l
l
m
e
e
t
o
r
e
x
c
e
e
d
m
i
n
i
m
a
l
p
l
a
n
t
s
i
z
e
s
a
n
d
w
i
l
l
b
e
s
e
l
e
c
t
e
d
f
r
o
m
ST
R
E
E
T
B
U
F
F
E
R
L
A
N
D
S
C
A
P
I
N
G
RE
Q
U
I
R
E
D
:
St
r
e
e
t
b
u
f
f
e
r
t
r
e
e
s
s
h
a
l
l
b
e
p
r
o
v
i
d
e
d
i
n
a
r
a
t
i
o
o
f
s
i
x
(
6
)
t
r
e
e
s
PR
O
V
I
D
E
D
:
LA
N
D
S
C
A
P
E
R
E
Q
U
I
R
E
M
E
N
T
C
O
M
P
L
I
A
N
C
E
Ci
t
y
o
f
W
e
s
t
l
a
k
e
En
t
r
a
d
a
(
L
o
t
1
B
l
o
c
k
A
)
Fi
n
a
l
l
a
n
d
s
c
a
p
e
p
l
a
n
w
i
l
l
m
e
e
t
a
l
l
C
i
t
y
o
f
W
e
s
t
l
a
k
e
s
i
t
e
d
e
v
e
l
o
p
m
e
n
t
s
t
a
n
d
a
r
d
s
.
Al
l
l
a
n
d
s
c
a
p
e
w
i
l
l
b
e
m
a
i
n
t
a
i
n
e
d
a
c
c
o
r
d
i
n
g
t
o
t
o
w
n
s
t
a
n
d
a
r
d
s
.
7
n
e
w
t
r
e
e
s
PR
O
V
I
D
E
D
:
1
c
a
n
o
p
y
t
r
e
e
p
e
r
p
a
r
k
i
n
g
s
p
o
t
RE
Q
U
I
R
E
D
:
PA
R
K
I
N
G
A
R
E
A
L
A
N
D
S
C
A
P
I
N
G
Pr
e
c
i
n
c
t
L
i
n
e
R
d
-
(
1
4
7
f
t
.
/
1
0
0
f
t
.
)
*
6
=
9
t
r
e
e
s
Pr
e
c
i
n
c
t
L
i
n
e
R
d
.
-
(
9
)
n
e
w
t
r
e
e
s
=
(
9
)
t
r
e
e
s
3'
p
a
r
k
i
n
g
l
o
t
s
c
r
e
e
n
i
n
g
f
r
o
m
p
u
b
l
i
c
r
o
a
d
w
a
y
s
(
P
r
e
c
i
n
c
t
L
i
n
e
R
d
.
)
3'
p
l
a
n
t
i
n
g
s
c
r
e
e
n
a
l
o
n
g
e
d
g
e
f
a
c
i
n
g
P
r
e
c
i
n
c
t
L
i
n
e
R
d
.
PR
O
V
I
D
E
D
:
RE
Q
U
I
R
E
D
:
7
p
a
r
k
i
n
g
s
p
o
t
s
=
7
t
r
e
e
s
60
s
q
.
f
t
.
o
f
l
a
n
d
s
c
a
p
e
a
r
e
a
p
e
r
p
a
r
k
i
n
g
s
p
o
t
(2
,
0
6
3
)
s
q
.
f
t
.
l
a
n
d
s
c
a
p
e
a
r
e
a
PR
O
V
I
D
E
D
:
RE
Q
U
I
R
E
D
:
(6
0
)
s
q
.
f
t
.
*
(
7
)
p
a
r
k
i
n
g
s
p
o
t
s
=
(
4
2
0
)
s
q
.
f
t
.
l
a
n
d
s
c
a
p
e
a
r
e
a
ap
p
r
o
v
e
d
p
l
a
n
t
l
i
s
t
s
.
A
p
p
e
n
d
i
x
D
S
e
c
t
i
o
n
1
fo
r
e
v
e
r
y
o
n
e
h
u
n
d
r
e
d
f
e
e
t
(
1
0
0
'
)
o
f
l
i
n
e
a
r
f
r
o
n
t
a
g
e
ITALIAN CYPRESSCupressus sempervirens3" cal.per pla
n
Si
n
g
l
e
t
r
u
n
k
10'-12'7
GRADING PLAN
12
1
3
9
R
C7
ENTRADA
WATER & SEWER PLAN
12
1
3
9
R
C8
ENTRADA
Page 1 of 2
TOWN OF WESTLAKE, TX
STAFF REPORT TO TOWN COUNCIL
ENTRADA PD SITE PLAN - LOT 1; SP-10-01-2013
Date: 10-21-2013
Request: Approval of a PD Site Plan for PD1-2 Entrada, Lot 1.
Agenda Item: Consideration of a PD Site Plan for PD1-2 Entrada, Lot 1.
CASE INFORMATION
Development Name: Westlake Entrada
Location: The subject property is generally located at the northeast corner of FM 1938
and Solana Boulevard. Subject site is bounded on the south by Solana Boulevard, on
the west by FM 1938 (Davis Blvd), on the north by SH 114, and to the east by the
Solana office park development that is part of the PD1-1 zoning district.
Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi)
Applicant: Jeffory D. Blackard
Developer: Centurion American Development Group
Acres : 85 acres (approx.)
Approved Use(s): The approved uses for this tract are set out in Ordinance No. 703.
Generally speaking, the approved uses utilize a Spanish architectural theme to create a
European style village that blends a wide range of various uses (offices, governmental,
retail, restaurants, business services, medical services, entertainment establishments,
single family residential detached homes and villas or town homes. These uses are all
located around a major water amenity (lake).
I. DISCUSSION OF THIS PD SITE PLAN FOR PD1-2 ENTRADA, LOT 1.
Purpose of a PD Site Plan. A PD Site Plan is a detailed plan of the proposed
development and building construction for a specific area within a Planned
Development.
II. Recommendations Related to the Submitted Site Plan for PD1-2 (Entrada)
The Planning and Zoning Commission considered this case on October 14, 2013 and
recommended unanimously that the Town Council approve the PD Site Plan provided
stipulations contained in this staff report are complied with. Staff recommends approval
of this PD Site Plan for PD1-2 Entrada, Lot 1 subject to the following stipulations:
1. Approval is subject to the building design and architecture as submitted to the
P&Z at this meeting. This would include granting the variance that the
Page 2 of 2
Applicant/Developer is requesting to the Town’s building articulation
requirements on the building’s side closest SH114.
2. Add a note on the site plan requiring cross access for vehicular traffic on all
abutting tracts.
3. While not requiring a solid waste collection (dumpster) location on this Site Plan,
add a stipulation that solid waste collection for this Site Plan will be addressed in
a joint (i.e. consolidated) solid waste collection point for this and adjacent tracts
which will be a part of the consideration for approval of Site Plans for the
adjacent tracts. All trash/recycle receptacles must be screened from view at all
times.
4. A lighting plan must be submitted for this Site Plan that meets the requirements
of the Section 14 of the zoning ordinance for this site (Ordinance No. 703) as well
as Chapter 102 of the Town’s Code of Ordinances.
Ordinance 721
Page 1 of 6
TOWN OF WESTLAKE
ORDINANCE NO. 721
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A SITE PLAN FOR THE “PLANNING AREA 2” PORTION OF PLANNED
DEVELOPMENT DISTRICT #1 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS
BOULEVARD, AND NORTH OF SOLANA BOULEVARD, AND AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE, PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR A SAVINGS CLAUSE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that development occur in a controlled and orderly manner; and
WHEREAS, the Town Council of the Town of Westlake finds that the platting of property
in an integral part of the land development process; 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 Site Plan for the PD1-2 Planning Area (Exhibit “B”) be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That the Town Council of the Town of Westlake, Texas, does hereby
approve a Site Plan for PD1- 2 for approximately 85 acres located on the south side of Hwy
114, east side of Davis Boulevard, and north of Solana Boulevard, as reflected in Exhibit “A”,
attached hereto.
SECTION 3: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the
same would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
Ordinance 721
Page 2 of 6
SECTION 5: Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not
to exceed Five Hundred Dollars ($500.00) for each separate offense. A separate offense shall
be deemed committed upon each day, or part of a day, during which a violation occurs or
continues.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 28th DAY OF OCTOBER 2013.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 721
Page 3 of 6
LEGAL DESCRIPTION
EXHIBIT “A” Legal Description of PD1-2 District
85.90 Acres
BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin
Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry
Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in
the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in
Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot
2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas
as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on
the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as
dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-
tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of
1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50
seconds West a distance of 229.54 feet;
THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with
right-of-way, as described in Dedication Deed to the Town of Westlake as recorded under
instrument No. D208427746, Deed Records of Tarrant County, Texas the following:
Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap
at the end of said curve;
North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found
with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54
minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North
43 degrees 02 minutes 03 seconds West a distance of 201.11 feet;
Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with
Graham cap at the beginning of a compound curve to the right having a central angle of 24
degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which
bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet;
Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with
Graham cap at the end of a said curve;
North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod
found with Graham cap at the beginning of a curve to the left having a central angle of 45
degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which
bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet;
Ordinance 721
Page 4 of 6
Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod
found with Graham cap;
North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod
found with Graham cap on the easterly right-of-way line of Precinct Line Road, a variable width
right-of-way, as described in Dedication Deed to Town of Westlake as recorded under
Instrument No. D208427746, Deed Records of Tarrant County, Texas and being the beginning of
a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a
radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes
42 seconds East a distance of 402.59 feet;
THENCE along the easterly right-of-way line of Precinct Line Road, the following;
Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with
Graham cap at the end of said curve;
North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found
with Graham cap;
North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found
on the southerly right-of-way line of State Highway 114 (a variable width ROW);
THENCE along the southerly right-of-way line of State Highway 114, the following;
North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from
which a Texas Department of Transportation brass disk in concrete found bears North 10 degrees
48 minutes 28 seconds West a distance of 0.43 feet;
South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of
Transportation brass disk in concrete found;
South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department
of Transportation brass disk in concrete found;
South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of
Transportation brass disk in concrete found at the beginning of a curve to the right having a
central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended
by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet;
Along said curve to the right an arc distance of 393.45 feet to a Texas Department of
Transportation brass disk in concrete found;
South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of
Transportation brass disk in concrete found;
Ordinance 721
Page 5 of 6
South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found
with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central
angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a
chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet;
Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-
Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned
Westlake/Southlake Park Addition No. 1;
THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00
minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet
to a 5/8 inch iron rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2,
Block 1, Westlake/Southlake Park Addition No. 1;
THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2,
Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at
an angle point in the west line of Lot 2, Block 1;
THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds
East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of
land, more or less.
Ordinance 721
Page 6 of 6
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, October 28, 2013
TOPIC: Consideration of a Resolution Approving Deed Restrictions Including Design
Guidelines as well as Declaration of Covenants, Conditions, and Restrictions for
Granada, a Residential Development Located in PD1-3 Zoning District on an 84
Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd)
and Dove Road.
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 October 28, 2013
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus 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 item is consideration for approval by the Town Council of the deed restrictions including
the Design Guidelines as well as the Declaration of Covenants, Conditions, and Restrictions
(CCR’s) for the Granada Subdivision. This single family residential subdivision is located on an
84 acre tract located generally at the northeast corner of FM 1938 Davis Boulevard and Dove
Road.
ORGANIZATIONAL HISTORY/RECOMMENDATION
This property was rezoned by the Town Council for single family residential use on February 25,
2013 (based upon the recommendation of the Planning & Zoning Commission from their
February 20, 2013 meeting). The preliminary plat for this property was approved by the
Planning & Zoning Commission on June 10, 2013 and by the Town Council on June 25, 2013. It
is important to note that Ordinance No. 693 that was approved granting this single family
residential zoning contains many building design related requirements for structures developed
on this tract. In Section 14.1 of this Ordinance there are provisions that establish an
Architectural Control Committee for this development with one member appointed by the Town
Manager.
However, in addition to the design related requirements contained in the zoning Ordinance No.
693, the Staff had recommended requiring Council approval of the CCR’s when the preliminary
plat was being considered. This is because, while the zoning Ordinance No. 693 contains many
building design requirements, the CCR’s are even more detailed regarding structure design
requirements. However, the CCR’s were not ready at the time the preliminary plat was
considered for approval in June, but they are now ready for approval consideration now.
Staff retained an architect to review the developer’s proposed Design Guidelines set by Deed
Restrictions for Granada. Once we received our architect’s report, Staff met with the developer
to share this feedback with him. Based on this meeting, several changes were mutually agreed
upon and made to these Design Guidelines. The Design Guidelines formally and legally
establish the Architectural Control Committee required by the zoning Ordinance No. 693
for Granada. Staff has reviewed these revisions and is recommending approval Deed
Restrictions Including Design Guidelines as well as Declaration of Covenants, Conditions, and
Restrictions for Granada.
0T
ATTACHMENTS
1. Excerpt from Granada’s Zoning Ordinance, Ordinance No. 693 adopted 2-25-13, setting
out the building design requirements for Zoning District PD1-3 (Granada) including
Section 14.1 requiring establishment of an Architectural Control Committee with one
member appointed by the Town Manager.
2. Deed Restriction Design Guidelines (red line copy).
3. Declaration of Covenants, Conditions, and Restrictions (clean copy).
4. Resolution Approving Deed Restrictions Including Design Guidelines as well as
Declaration of Covenants, Conditions, and Restrictions for Granada, a Residential
Development Located in PD1-3 Zoning District on an 84 Acre (approx.) Tract Located at
the Northeast Corner of FM 1938 (Davis Blvd) and Dove Road.
2
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
AFTER RECORDING RETURN TO:
Robert D. Burton, Esq.
Winstead PC
401 Congress Ave., Suite 2100
Austin, Texas 78701
Email: rburton@winstead.com
GRANADA
DESIGN GUIDELINES
Adopted:
MAGUIRE PARTNERS – SOLANA LAND, L.P., a Texas
limited partnership
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF ___________ §
This instrument was acknowledged before me this ____ day of ___________________, 2013 by
_______________________, _____________________ of MAGUIRE PARTNERS – SOLANA LAND, L.P., a
Texas limited partnership, on behalf of said limited partnership.
(SEAL)
Notary Public Signature
Adopted by MAGUIRE PARTNERS – SOLANA LAND, L.P., a Texas limited partnership, in
accordance with Granada Declaration of Covenants, Conditions and Restrictions, recorded in under
Document No. ________________, Official Public Records of Tarrant County, Texas (the
“Declaration”). In accordance with Section 7.02(c) of the Declaration, these Design Guidelines may be
amended from time to time by the ACC (as defined in the Declaration).
3
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Introduction
Any notice or information required to be submitted to the ACC under these Design Guidelines hereunder
will be submitted the ACC at 1221 North I-35E, Suite 200, Carrollton, Texas 75006, c/o Granada ACC,
Phone: 469-892-7200, Fax: 469-892-7202.
Background
Granada is a master planned community located in Tarrant County, Texas. Lots 1-84, Granada, a
subdivision in Tarrant County Texas, according to the plat recorded in ____________________, Official
Public Records of Tarrant County, Texas (the “Property”), are subject to the terms and provisions of that
certain Granada Declaration of Covenants, Conditions and Restrictions, recorded in the Official Public
Records of Tarrant County, Texas (the “Declaration”). Capitalized terms used but not defined in these
Design Guidelines shall have the meaning subscribed to such terms in the Declaration.
ACC and Review Authority
Article 7 of the Declaration includes procedures and criteria for the construction of improvements within
the Granada community. Section 7.01 of the Declaration provides that no Improvements may be erected,
placed, constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant, without prior
written approval of the ACC.
The ACC consists of two (2) members who have been appointed by Maguire Partners – Solana Land, L.P.,
a Texas limited partnership (the “Declarant”) and one (1) member who has been appointed by the Town
Manager (the “Town Manager”) of the Town of Westlake, Texas (the “Town”). As provided in Article 7
of the Declaration, the Declarant has a substantial interest in ensuring that Improvements within Granada
maintain and enhance Declarant’s reputation as a community developer and do not impair Declarant’s
ability to market and sell all or any portion of the community, and, as a consequence thereof, the two (2)
members of the ACC appointed by Declarant act solely in Declarant’s interest and shall owe no duty to
any other Owner or the Granada Residential Community, Inc. (the “Association”). The Town has a
substantial interest in ensuring that the Improvements wi thin Granada are consistent with the Town’s
long-term vision, and, as a consequence thereof, the one (1) member of the ACC appointed by the Town
Manager acts solely in the Town’s interest and shall owe no duty to any other Owner or the Association.
Governmental Requirements
Governmental ordinances and regulations are applicable to all Lots within Granada. It is the
responsibility of each Owner to obtain all necessary permits and inspections. Compliance with these
Design Guidelines is not a substitute for compliance with the applicable ordinances and regulations.
Please be advised that these Design Guidelines do not list or describe each requirement which may be
applicable to a Lot within Granada. Each Owner is advised to review all encumbrances affect ing the use
and improvement of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval
by the ACC should not be construed by the Owner that any Improvement complies with the terms and
4
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
provisions of all encumbrances which may aff ect the Owner’s Lot. Certain encumbrances may benefit
parties whose interests are not addressed by the ACC.
The ACC shall bear no responsibility for ensuring plans submitted to the ACC comply with Applicable
Law. It is the responsibility of the Owner to secure any required governmental approvals prior to
construction on such Owner’s Lot.
Interpretation
In the event of any conflict between these Design Guidelines and the Declaration, the Declaration shall
control. Capitalized terms used in these Design Guidelines and not otherwise defined in this document
shall have the same meaning as set forth in the Declaration.
Amendments
The ACC may amend these Design Guidelines. All amendments shall become effective upon recordation
in the Official Public Records of Tarrant County, Texas. Amendments shall not apply retroactively so as
to require modification or removal of work already approved and completed or approved and in
progress. It is the responsibility of each Owner to ensure that they have the most current edition of the
Design Guidelines and every amendment thereto.
Architectural Review Process
Submittals
Requests for approval of proposed construction, landscaping, o r exterior modifications must be made by
submitting an application in the form attached hereto as Attachment 1.
Timing
The ACC will attempt to review all applications and submittals within thirty (30) days. Please allow at
least thirty (30) days prior to installation or construction for the ACC to review the related applications.
Please be advised that in the event that any plans and specifications are submitted to the ACC and the
ACC fails to either approve or reject such plans and specifications for a period of thirty (30) days
following such submission, the plans and specifications will be deemed disapproved.
Responsibility for Compliance
An applicant is responsible for ensuring that all of the applicant's representatives, including the
applicant's architect, engineer, contractors, subcontractors, and their agents and employees, are aware of
these Design Guidelines and all requirements imposed by the ACC as a condition of approval.
Inspection
Upon completion of each phase of approved work, the Owner must notify the ACC. The ACC should be
notified after the stake out of the building, after completion of framing, and after completion of the
approved work. The ACC may, but shall in no event be obligated to, inspect the work at any time to
verify conformance with the approved submittals. Furthermore, approval by the ACC should not be
construed by the Owner that any Improvement complies with the terms and provisions of any
ordinances, requirements, regulations or encumbrances which may affect the Owner’s Lot.
5
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Architectural and Aesthetic Standards
Plan Repetition
The ACC may, in its sole and absolute discretion, deny a plan or elevation proposed for a particular Lot if
a substantially similar plan or elevation exists on a Lot in close proximity to the Lot on which the plan or
elevation is proposed. The ACC may adopt additional requirements concerning substantially similar
plans or elevations constructed in proximity to each other.
For Example:
Plan can be repeated every fifth Lot (example: Plan A, Plan B, Plan C, Plan D, Plan E and Plan A).
Across the Street: Same plan cannot be placed on a Lot across the street or diagonal from any other plan
(example above: Plan B).
Brick Color, Masonry Stone, and Wood Trim Repetition
The ACC may, in its sole and absolute discretion, deny proposed brick, masonry or wood trim for a
particular Lot if substantially similar brick, masonry or wood trim exists on a Lot in close proximity to the
Lot on which the brick, masonry or wood trim is proposed. The ACC may adopt additional requirements
concerning substantially similar brick, masonry or wood trim constructed in proximity to each other.
For Example:
Similar brick, masonry or wood trim can be repeated every fifth Lot (example: Brick A, Brick B, Brick C,
Brick D, Brick E and Brick A).
Across the Street: Same brick or masonry cannot be placed on a Lot across the street or diagonal from any
other brick or masonry (example above: Brick B).
Plan A Plan B Plan C Plan D
Plan F Plan G Plan H Plan B
Brick A Brick B Brick C Brick D
Brick F Brick G Brick H Brick B
Plan E
Plan C
Plan A
Plan D
Brick E
Brick C
Brick A
Brick D
6
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Building Materials
All building materials must be approved in advance by the ACC, and only new building
materials (except for used brick) shall be used for constructing any Improvements.
All projections from a dwelling or other structure, including but not limited to chimney flues,
vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways must, unless
otherwise approved by the ACC, be coordinated with the overall design of the Improvement
from which they project.
No highly reflective finishes (other than glass, which may not be mirrored) shall be used on
exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the
exterior surfaces of any Improvements.
Masonry Requirements, Exterior Walls and Finishes
The exterior walls shall have horizontal and vertical articulation or architectural features on all
elevations as approved by the ACC.
Unless otherwise approved in advance and in writing by the ACC, the exterior walls of each
primary residence shall be constructed of at one-hundred percent (100%) masonry, exclusive of
roofs, eaves, soffits, windows, doors, gables, garage d oors and trim work. For purposes of this
section brick, stone, cast stone, and stucco are considered masonry. Brick shall be limited to
thirty percent (30%) of the exterior walls. Stucco shall be a minimum of ¾ of an inch thick and
limited to thirty (30%) of the exterior walls on homes which are not of Tuscan or Mediterranean
style. Up to one-hundred percent (100%) stucco may be used on the exterior walls of Tuscan or
Mediterranean style homes. The ACC, in its sole discretion, will determine whether or not a
home is of Tuscan or Mediterranean style. Wood use shall be very minimal and only as a n
accent.
Unless otherwise approved by the ACC, siding is prohibited for use on exterior walls of a
primary residence.
Unless otherwise approved by the ACC, exterior wall materials shall make changes at inside
corners only. Unless otherwise approved by the ACC, every elevation shall have a minimum of
two wall materials or textures. Single wall covering materials may be approved by the ACC if
the architectural features, wall offsets, and enhanced trim around openings are utilized to limit
continuous blank wall areas.
Unless otherwise approved by the ACC, w alls shall not exceed thirty feet (30’) in length without
an offset of two feet (2’) or more unless the wall 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 inches (3”).
7
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
The exterior materials must be authentic and not artificial as reasonably determined by the ACC.
There should generally not be more than three exterior materials (including exterior walls,
window/door surrounds, accents, etc.). The ACC will evaluate whether additional materials
shall be allowed on a case by case basis.
Colors should be appropriate to the architectural style chosen. Colors should be non-invasive
and subdued rather than bold and bright. All exterior materials should comply with one color
palate, approved by the ACC, including all exterior paint, brick/stone, trim, mortar, window
mullions, balusters, columns, etc.). Color palates should consist of natural earth tone colors, i.e.,
medium to dark greens, browns, and tans.
Unless otherwise approved by the ACC, all chimneys shall be 100% masonry to match the
materials used on home. No wood or masonry siding of any kind shall be used on chimneys.
No foundation of a residence may: be exposed more than twenty-four inches (24") above final
grade along: (a) the front elevation of the residence visible from any street; or (b) each side
elevation of the residence visible from any street. If the exterior of the elevation adjacent to the
exposed foundation is constructed of stucco, the ACC will have the authority to require the use of
stone, in a color approved in advance by the ACC, to conceal the exposed portion of the
foundation. In the event of a dispute as to the front or side elevation of a residence which is
visible from any street, the determination of the ACC shall be final and conclusive.
All materials for courtyard walls and fencing must be approved in advance by the ACC.
Lot Coverage
The footprint of the main level of each single family residence constructed on a Lot shall not exceed
thirty-percent (30%) of the entire area of the Lot. Footprint is defined as all areas that are contained
within four walls and garages (excludes open porches, patios, porte-cocheres, or other unenclosed areas).
Square Footage Requirements
Unless otherwise approved by the ACC, the minimum living square footage for each residence, exclusive
of open or screened porches, terraces, patios, decks, driveways, and garages is three thousand (3,000)
square feet for single-story homes and four thousand (4,000) square feet living space for two-story homes.
Minimum Home Width
Unless otherwise approved in advance and in writing by the ACC, the minimum width for each
residence is seventy feet (70’).
8
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Aesthetic Appeal
The ACC may disapprove the construction or design of a home on purely aesthetic grounds. Any prior
decisions of the ACC regarding matters of design or aesthetics will not be considered to establish a
precedent for any future decision of the ACC.
Siting/Setbacks
Unless otherwise approved by the unanimous consent of the ACC, the following setbacks shall apply to
each Lot:
Front Lot line: 40 feet
Rear Lot line: 40 feet
Side Lot line: 20 feet
The ACC, by unanimous consent, may: (i) approve a reduction of the required front yard setback or may
require an increase in the required front yard setback by a maximum of ten (10) feet if, in the sole opinion
of the ACC, the increase is needed to avoid monotony or to accommodate unique site conditions
including the preservation of old growth trees; (ii) approve a reduction of the required rear yard setback
by a maximum of ten feet (10’) if, in the sole opinion of the ACC, the reduction is needed to avoid
monotony or to accommodate unique site conditions including the preservation of old growth trees ; or
(iii) approve a reduction of the required side yard setback by a maximum of five feet (5’) if, in the sole
opinion of the ACC, the reduction is needed to avoid monotony or to accommodate unique site
conditions including the preservation of old growth trees.
Notwithstanding any provision to the contrary in these Design Guidelines, eves, steps, and open porches
will not be considered part of the residence for the purpose of the setback requirement hereunder;
however, no portion of any Improvement will be permitted to encroach upon another Lot .
The ACC must approve the encroachment of any flatwork, i.e. driveway, porch, etc. over the side
building setbacks.
The ACC reserves the right to stipulate additional building or Improvement setbacks attributable to any
Lot. The ACC further reserves the right to grant variances to the setbacks set forth herein in accordance
the Declaration.
Temporary/Accessory Structures
Owners will generally be permitted to erect one (1) accessory structure on their Lot provided the
accessory structure, such as a pool cabana, garden building, stor age building, or home office is approved
in advance by the ACC. In no event will the total square footage of any approved accessory structure be
interpreted to reduce the minimum square footage requirements of the principal residential structure as
set forth in these Design Guidelines.
9
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Unless otherwise approved in advance and in writing by the ACC, an accessory structure: (i) must be
constructed of the same exterior materials as the main residence constructed on the Lot; (ii) must utilize
roof materials that match the roof materials incorporated into the principal residential struc ture
constructed on the Lot; (iii) have a pitched roof of the same pitch as the principal residential structure
constructed on the Lot; (iv) use paint which matches the color of the trim of the principal residential
structure constructed on the Lot; (v) must utilize shingles which are the same as on the principal
residential structure constructed on the Lot; and (vi) may not be located nearer than five (5) feet from an
interior (side) Lot line.
Temporary storage structures also known as “pods” are allowed with the prior written approval of the
ACC office provided that:
Structure is located in the driveway of the Lot; and
Structure is not placed on any Lot for more than seven (7) days.
The ACC shall be entitled to determine, in its sole and absolute discretion, whether a structure or shed on
any Lot complies with the foregoing requirements relating to size, height, fence enclosure and
construction materials. No accessory structure will be approved unless a principal residential structure
has been constructed on the Lot or the accessory structure is being constructed at the same time as the
principal residential structure. The ACC may adopt additional requirements for any accessory structure
on a case by case basis as a condition to approval.
All structures on a Lot must reflect consistently the same architectural style and materials as the main
residence constructed on the Lot.
No temporary or accessory structure may be erected without the advance approval by the ACC.
Prohibited Elements
The following architectural elements are prohibited within Granada unless expressly approved in writing
by the ACC:
Roofs
Excessively pitched roofs.
Mansard, gambrel or chalet roofs.
Flat roofs.
Roofs that are too steep or too shallow for the style of the home, as determined by the ACC.
Shed roofs except as incidental to the main roof.
Composition shingles.
10
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Design Elements
Unnecessarily prominent chimneys and other roof penetrations.
Vents or skylights facing the street.
White or bubble skylights.
Mirrored glass.
Faux mullion windows
Materials and Colors
Wood siding (wood siding accents may be permitted if approved by the ACC).
Cultured stone unless approved by the ACC.
Gray brick.
Block masonry
Building Height
Unless otherwise approved in advance by the ACC, no building or residential structure may exceed two
and one-half stories or twenty-eight feet (28’) in height as measured from the finished lot grade to the
midpoint of the highest pitched or hipped roof above. The measurement locations will be chosen by the
ACC based upon which points are most restrictive.
The height limitations imposed above shall not apply to: (i ) chimneys and vent stacks, cupolas, or other
architectural features that are not intended for occupancy or storage; or (ii) flag poles and similar devices.
Views are neither guaranteed, preserved, nor protected within Granada.
Room Additions
Any room additions must be approved in writing by the ACC.
Additions to a residence will be considered for approval by the ACC if they meet the following:
All materials used match those of the principal residential structure, including masonry,
windows, and paint color, shingles, etc.
Sunrooms will be considered.
11
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Screened Porches will be considered on a case by case basis and must meet the following
minimum acceptable standards:
The porch and related improvements must be compatible with the architectural elements
of the principal residential structure. Paint colors and materials must match those of the
principal residential structure.
Design should reflect consideration for any adverse impact of neighboring properties.
Screened porches shall be located in back yard only. The screened porch shall not
encroach on any easement or building line.
Screened porch shall be attached to the principal residential structure.
Free standing screened porches are not permitted.
Supplemental landscaping may be required as part of the ACC review.
The roof of screened porch shall be solid decking shingled to match the principal
residential structure.
Greenbelt/Open Space Lots
“Greenbelt/Open Space Lots” shall refer to Lots/land that has not been developed, whether it is owned by
the Declarant, a Homebuilder, the Association or another Owner and is not intended for use as a single
family Lot. These areas are to be considered as private property and tre spassing is prohibited. Lots
adjacent to Greenbelt/Open Space Lots must comply with all of the following requirements:
The boundary between the Lot and the Greenbelt/Open Space Lots must be fenced in a manner
approved in advance by the ACC.
The fence must be 6 feet in height and be constructed of “pyrite brown” wrought iron or other
decorative metal of a color and style specified by the ACC.
No gate will be permitted into a Greenbelt/Open Space Lot.
Backyards must be fully sodded with at least two 3” caliper hardwood trees installed by the
Owner.
Sheds or outbuildings will not be permitted on any Lot adjacent to Greenbelt/Open Space Lots.
At no time are Greenbelt/Open Space Lots to be used for ingress/egress or storage.
Greenbelt/Open Space Lots should remain in their natural state. No removal or trimming of trees
is permitted.
Building Massing
Primary massing of a single family residence constructed on a Lot should be a reflection of the primary
interior rooms within the single family residence. Secondary massing should be a reflection of the
12
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
secondary interior rooms within the single family residence. The concept is to design homes with simple
room lines that reflect the interior spaces that are being housed.
Roofs and Chimneys
The pitch, color and composition of all roof materials must be approved in writing by the ACC. Roof
vents and other penetrations shall be as unobtrusive as possible and must match the principal color of the
roof unless approved in advance by the ACC.
Accepted Roof Pitch: Roof slope for the main structure and garage shall be approved in advance
by the ACC. Roofs must contain different pitches as determined by the ACC.
Roof Design: Roof design shall include offsets and dormers to break up large expanses of roof
area.
Accepted Roof Materials: Roof materials allowed are concrete tile clay tile, natural slate, standing
seam metal roof (allowed only if made of copper, paint g rip galvanized unpainted and as accent
roof projections not exceeding 200 square feet) or other materials with similar materials if
approved unanimously by the ACC. No more than two houses on adjacent lots have the same
roof pitch unless at least one roof has multiple pitches. Materials should be appropriate to the
design style chosen. For stucco style homes, a barrel tile roof shall be required. Roofing materials
must be submitted for approval prior to installation and labeled on all submitted elevations .
Acceptable colors are natural tones. In addition, roofs of buildings may be constructed with
“Energy Efficiency Roofing” with the advance written approval of the ACC. For the purpose of
the Section, “Energy Efficiency Roofing” means shingles that are designed primarily to: (a) be
wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided
by customary composite shingles; or (c) provide solar generation capabilities. The ACC will not
prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient
Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the
community; (ii) are more durable than, and are of equal or superior quality to, the shingles used
or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent
property. An Owner who desires to install Energy Efficient Roofing will be required to comply
with the architectural review and approval procedures set forth the Restrictions. In conjunction
with any such approval process, the Owner should submit information which will enable the
ACC to confirm the criteria set forth in this Section. Any other type of roofing material shall be
permitted only with the advance written approval of the ACC.
Mechanical Equipment: All mechanical equipment and pool equipment shall be complete
screened from view from adjacent properties or right-of-way. Screening may include
landscaping provide the plant sizes are sufficient to provide seventy-five percent (75%)
screening.
Vents: Plumbing vents should be minimally visible from the street as determined by the ACC. If
there must be a vent visible to the street then it should blend in color with the roof.
13
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
In-House Sprinkler Systems
All single family residences constructed on a Lot must contain in-house sprinkler systems as required by
the Town of Westlake.
Exterior Doors and Windows
Acceptable Windows:
All windows must be wood. All window brands must be submitted to the ACC for approval
prior to installation.
All windows on front elevation of residence must have exterior mullions or muntins made of
wood.
Unacceptable Windows:
Aluminum.
Skylights that are visible from the street
Window Details:
Windows may not be of reflective or darkly tinted glass.
All windows, other than those within court yards, must be recessed a minimum of 3” and not
“flush” to the exterior of the residence.
Doors:
All doors shall be recessed a minimum of 3” and not “flush” to show wall depth.
Doors with muntins should have them placed on the exterior of the glass panes rather than being
“trapped” inside them.
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.
Garages
No carports shall be placed, erected, constructed, installed or maintained on a Lot.
All garages shall be approved in advance of construction by the ACC. The Improvements on each Lot
must contain one or more private enclosed garages, with garage parking capable at all times of housing at
least three (3) standard size automobiles. Each garage shall have a minimum width, as measured from
inside walls, of 9.6’ per car and a minimum depth for each car of 20’. Each three (3) car garage shall have
a minimum width of sixty feet (60’) for the 3 garage door front. A minimum of a 3 garage parking spaces
and 2 off street parking spaces shall be provided for each home.
All garage doors shall be made of sectional wood or be wood -clad. Aluminum and fiberglass doors are
prohibited. Garage doors shall be recessed a minimum of 6” to create more wall depth and lessen the
focus on the garage door. Garage doors shall be placed at right angles to the street where possible. If this
is not possible then special approval must be given by the ACC. The ACC will take into account the
14
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
size/shape of the Lot and surrounding landscape. Front facing doors are allowed if located further back
on the Lot than the side-entry garage portion and are in a motor court setting behi nd gate that extends
over a driveway.
Garages may contain appropriately sized storage rooms, recreational workshops and tool ro oms, or
servants quarters or guest quarters, if approved in advance by the ACC. Except with respect to detached
garages, interior walls of all garages must be finished (i.e., taped, bedded and painted, at a minimum).
Each garage shall have garage doors that are wired so as to be operated by electric door openers. The
orientation of the opening into a garage (i.e., side -entry or front-entry) must be approved in advance by
the ACC.
All garage doors shall remain closed at all times, save and except for t he temporary opening of same in
connection with the ingress and egress of vehicles and the loading or placement and unloading, or
removal of other items customarily kept or stored therein, when a person is in the garage or engaged in
yard work, or there is another activity occurring on the Lot which is reasonably facilitated by an open
garage door.
No garage shall be converted to another use (e,g., living space) without the substitution, on the Lot
involved, of another garage meeting the requirements of this section, and the approval of the ACC, and
use of parking space in a garage for work areas or storage (including boxes, toys, exercise equipment,
furniture; or work benches) to the exclusion of one or more vehicles is strictly prohibited.
Driveways, Sidewalks and Parking
The design of all driveways must be approved in advance by the ACC.
All driveways, sidewalks, and parking areas shall be surfaced with concrete, stone, or pavestone.
Concrete shall be exposed aggregate, salt finish or stamped and stained.
All driveways, sidewalks and parking areas shall be a minimum of one foot (1’) from any adjacent
property line. The design of all parking areas should strive to minimize public view of any vehicles.
Driveways must permit entry by standard mid-size vehicles without “bottoming out” in the transition
area between the curb and property line as wells as the driveway area between the property line and the
garage.
If the driveway is raised significantly above finished grade (which will be determined by the ACC is its
sole and absolute discretion), the exposed sides of the driveway must be screened with landscaping
approved in advance by the ACC.
Arbors/Pergola/Patio Covers
All arbors, pergolas and patios covers shall be approved in advance of constr uction by the ACC.
Arbors, pergolas and patio covers must meet the following:
15
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Shall not exceed 10’ in height.
Be of cedar or a wood that is painted to match the principal residential structure constructed on
the Lot (all other materials will be reviewed by the ACC on a case by case basis.)
If roof is solid cover the shingles must match the principal residential structure constructed on
the Lot.
Lattice on the arbor will be considered by the ACC on a case by case basis.
Support columns should match the architectural character of the principal residential structure
constructed on the Lot.
Approved stain color is Behr Natural #501. Behr brand is not required, but color should match.
Decks
All decks shall be approved in advance of construction by the ACC.
Backyard deck additions must meet be of cedar or a wood that is painted or stained to match the
principal residential structure constructed on the Lot (all other materials will be reviewed on a case by
case basis by the ACC).
Unless otherwise approved by the ACC, the maximum deck height should not exceed more than 18”
above the highest surrounding grade.
Mailboxes
All mailboxes in the property shall be of a design consistent to the design attached hereto as Attachment 2
and the United States Postal Service regulations.
Exterior Lighting
THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHTIME
DARK SKY BY MINIMIZING THE AMOUNT OF EXTERIOR 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 HAS A “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR
LIGHTING REGULATIONS IN ITS CODE OF ORDINANCES.
All exterior lighting must be approved i n advance by the ACC. Exterior lighting will be kept to a
minimum and shall be subdued and indirect but consistent with good security practices. Such
illumination shall be designed and installed so as to light only landscaping, driveway areas and
walkways upon a Lot. Indirect sources and horizontal cut-off fixtures are recommended to reduce glare
and provide general ambient light. Soffit or tree lights must be shielded or directed towards vegetation
so as to eliminate glare and source visibility. Exterior lighting shall follow dark sky design guidelines.
16
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
No exterior light whose direct source is visible from a street or neighboring property or which produces
excessive glare to pedestrian or vehicular traffic will be allowed. Nuisance lighting and or glare must be
avoided.
Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent
or equivalent lumens.
Building walls shall not be illuminated and light from landscape lighting may not illuminate building
walls higher than four feet (4’) above grade.
Except as specifically allowed by the Town’s Unified Development Code, floodlights are prohibited.
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.
Use of other than white or color corrected high intensity lamps and exterior lights will not be allowed.
Sodium, mercury vapor, or bare HID yard lights are not allowed.
Exterior Holiday Decorations
Lights or decorations may be erected on the exterior of the principal residential structure in
commemoration or celebration of publicly observed holidays provided that such lights or decorations do
not unreasonably disturb the peaceful enjoyment of adjacent Owners. All lights and decorations must
not be permanent fixtures of the principal residential structure without prior written approval of the ACC
and shall be removed within thirty (30) days after the holiday has ended. C hristmas decorations or lights
may not be displayed prior to November 15.
Air-Conditioning and Other Mechanical Equipment
No air-conditioning apparatus may be installed on the ground in front of the principal residential
structure or on the roof of the principal residential structure unless screened in a manner approved by the
ACC. Ground level air conditioning units shall be installed at street level only. All mechanical
equipment, including air-conditioning equipment, shall be located in a side or rear yard only and shall
not be visible from streets or Common Areas. No window air-conditioning apparatus or evaporative
cooler may be attached to any front wall or front window of the principal residential structure or at any
other location where it would be visible from any street, any other Lot or any Common Area.
POOL, SPA EQUIPMENT MUST BE LOCATED BEHIND WALLS OR SCREENED FROM VIEW WITH
LANDSCAPE TO CONTAIN NOISE.
Barbecue Grills
Freestanding barbecue grills are permitted only if they are stored and use d in the rear yard space of the
Lot that is not visible from the street.
17
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Landscape Guidelines
Detailed landscape plans for each Lot may be submitted to the ACC for consideration after construction
of the principal residential structure thereon has begun, so long as such submission occurs at least ninety
(90) days before completion of the residence. Upon written request, however, the ACC may waive the
requirement of landscape plans for any Lot if the Homebuilder uses plans previously approved by the
ACC for another Lot. There shall be no revisions made to approved plans without submission to, and
approval by, the ACC of the revised plans. All introduced vegetation shall be trees, shrubs, vines,
ground covers, seasonal flowers or sodded grassed which are commonly used in North Central Texas for
landscaping purposes and which are approved by the ACC. An approved list of plants and turf is set
forth on Attachment 3. Landscaping in accordance with the approved plans shall be installed within ten
(10) days after issuance of a certificate of occupancy with respect to the principal residential structure.
Extensions to the time limit may be granted by the ACC for up to an additional thirty (30) days on a case
by case basis. The approved plans shall include per manent sodded grass or “ground cover” in all sodded
areas. Winter rye shall be considered a temporary measure to reduce soil erosion through the winter
season, and shall be completely removed and replaced with sodded grass according to the approved
plans. Each Lot shall be landscaped, at a minimum, with: (i) full sodded front, side and backyards yards,
(ii) the following number of hardwood shade trees in the front yard of each Lot--two (2) per Lot on all
Lots other than corner Lots and four (4) per corner Lot (with two (2) in the front portion of the Lot, and
two (2) in the side of the Lot adjacent to the street), and ten (10) shrubs sized five gallons or more. The
hardwood shade trees required in the front yard of each Lot shall be no smaller in size than 4” caliper.
Lots that have rear yards facing Dove Road or FM 1938 shall have a minimum of two (2) trees with at
least a four inch (4”) caliper and two (2) trees with at least a two inch (2”) caliper in each rear yard. This
requirement may be waived with the unanimous written consent of the ACC. After installation,
landscaping (including temporary landscaping) shall be properly maintained at all times. Any Owner
who wishes to plant one or more gardens upon their Lot must obtain the approval of the ACC of any
such garden and must follow applicable requirements as to size of the Lot, visibility of the Lot from other
Lots, streets or common areas, and such other matters as the ACC may specify in any written approval.
Landscaping should consist of a combination of sodded turf areas and bed areas containing shrubs and
ground cover. Side, front and back yard areas shall be 100% irrigated and 100% sodded where there are
no landscaping beds. Large expanses of mulch or bed areas without substantial shrub or groundcover
plantings are unacceptable unless the Lot contains a native stand of trees where sodding the entire yard
would potentially harm the health of the trees. Stone or gravel mulch with harsh, unnatural or high
contrast colors is prohibited. Street scene landscape shall be designed to be harmonious with adjacent
Lots and yet thematic in its plant selection.
During construction, existing trees shall be preserved and protected to the extent possible for the
intended development, as determined in the ACC’s discretion; provided, however, that the ACC may
require the removal of cedar trees from a Lot regardless of the size of such cedar trees.
Ground cover is defined as a planting of low plants (such as ivy) that covers the ground in place of turf.
Rock or stone are not acceptable for use as a ground cover other than in flowerbed or walkway areas.
The use of rock or crushed rock as a ground cover shall not be permitted.
18
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Landscape plans must include vegetative screening for above ground utility connections visible from the
street or adjacent properties.
Grass should be maintained at a height of no more than two and one-half inches. Mowing heights may
need to be altered to prevent scalping in the event of an uneven grade.
Grass will be trimmed away from sidewalks, the principal residential structure, planted areas and other
obstacles. It is suggested that line trimmers, mechanical edger and chemicals are employed to keep a
neat, tidy appearance.
Trees and shrubs should be pruned to avoid blocking clear view of signs, address marker, illumination by
light fixtures, the flow of air vents and air conditioner compressors as well as pedestrian and vehicular
traffic.
The ACC reserves the right to require additional landscaping for pools, cabanas and oth er hardscape
elements that may be constructed after completion of the principal residential structure and associated
landscaping.
Hardscape elements in the landscaping must be in scale with the principal residential structure and
associated structures. Sculptures and fountains are subject to approval by the ACC.
Notwithstanding any requirements to the contrary, Owners shall comply with all applicable
governmentally imposed water use restrictions and shall be granted appropriate relief from any specific
requirement set forth in these Design Guidelines that cannot reasonably be complied with, as determined
by the ACC, as a result of such water use restrictions.
The ACC may, upon the Owner’s completion of the installation of landscaping, conduct an on -site
inspection of the property to ensure compliance with the approved plan.
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
feet (5’).
No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass .
The landscape requirements of the Town’s Roadway Landscape Zones contained within the Town’s
Unified Development Code are applicable to all Lots.
Lawn Furniture, Decorations, and Garden Maintenance Equipment
Lawn furniture, including swings/chairs/benches in good repair are allowed on front porches of the
principal residential structure, but must be incorporated into a landscape theme if visible from other Lots.
Swings and or benches are not allowed on driveways/front lawns etc. unless specifically approved for
placement by the ACC.
One (1) birdbath of a standard size is acceptable in the rear yard of the Lot w ithout prior written approval
from the ACC.
19
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Notwithstanding exterior holiday decorations, plastic lawn decorations and artificial plants are not
permitted, including pink flamingos, animals, or other plastic designs/statues.
Lawn mowers, edgers, wheelbarrows, etc. may not be left out in view of other Lots except when in use.
Bulk/bag material (mulch, topsoil, etc.) may not be left out in view for longer than ten (10) days.
Irrigation
The ACC must approve all irrigation systems prior to installation.
Drainage
Responsibility for proper site drainage rests with the Owner. There shall be no interference with the
established drainage patterns except by Declarant, unless adequate provision is made for proper drainage
and such provision has been certified by a professional engineer and approved in advance by the ACC.
Each Owner is solely responsible for correcting any change in water flow or drainage caused by the
construction of Improvements on such Owner’s Lot.
Fencing
All fencing that faces a street shall be decorative metal. See the “Greenbelt/Open Space Lots” Section of
these Design Guidelines for fencing requirements for Lots adjacent to greenbelt and/or open space.
All fencing should be either masonry or decorative metal. Each post shall have a decorative “cap” on each
post. Living plant materials for screening is also allowed.
Retaining walls on the front of a Lot shall be constructed of the same stone used on the single family
residence constructed on the Lot thereon. If the single family residence does not contain stone, the
retaining wall material shall blend with the residence constructed by the Declarant or Homebuilder.
Pools, Spas and Hot Tub Plans
The plans and specifications for each swimming pool, spa and hot tub constructed on a L ot must be
approved in writing and prior to construction by the ACC. All applications submitted to the ACC for the
approval of plans and specifications for swimming pools, hot tubs or spas must be accompanied by the
applicable Town permits for the construction of same. Any applications submitted to the ACC, which do
not include finalized construction permits from the applicable regulatory authority shall constitute an
automatic rejection of the application. Above-ground, movable, or temporary swimming pools are
prohibited. Each swimming pool constructed on a Lot must be entirely enclosed with a fence or similar
structure which, at a minimum, satisfies Applicable Law. The location, color and style of the fence or
enclosure must be approved in writing and in advance of construction by the ACC. The ACC may
require that a swimming pool, spa and hot tub constructed on a Lot and associated Improvements be
enclosed with a fence or similar structure. Approval of a swimming pool, spa and hot tub and/or
associated Improvements by the ACC will not constitute a determination by the ACC that the swimming
pool, spa and hot tub and/or associated Improvements comply with Applicable Law or that the
20
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
swimming pool, spa and hot tub and/or associated Improvements are safe fo r use. The ACC may require
an Owner to install additional screening as a pre -condition to the approval and construction of any
swimming pool, spa, or hot tub. No swimming pool, spa and hot tub shall be located in the front or side
yard on any Lot. Unless otherwise approved in writing by the ACC, if the foundation or other vertical
surface of the swimming pool will extend more than twenty-four inches (24”) above the final grade of the
Lot, the exposed foundation or vertical surface extending more than twenty-four inches (24”) above the
final grade will be finished in a manner that matches the exterior masonry of the principal residential
structure. Application of the terms “front yard”, “side yard”, “foundation or other vertical surface”,
and/or “final grade” as to a specific Lot will be determined by the ACC in its sole and absolute discretion.
The ACC may adopt additional requirements for any swimming pool, spa and hot tub and/or associated
Improvements on a case by case basis as a condition to approval .
Swimming pools shall be in-ground, or a balanced cut and fill, and shall be designed to be compatible
with the site and the principal residential structure as determined in the sole and absolute discretion of
the ACC. Unless otherwise approved in writing by the ACC, associated swimming pool, spa, and hot tub
improvements, such as rock waterfalls and slides, shall not be over six feet (6’) in height. No pool or deck
may be closer than five (5) feet from any Lot line . Unless otherwise approved in writing by the ACC, all
maintenance equipment, including chemicals, plumbing fixtures, heaters, pumps, etc., associated with a
swimming pool, spa or hot tub may not be visible from any adjacent street or Lot. The drains serving a
swimming pool, spa and hot tub must be connected to street drainage systems. No swimming pool, spa
or hot tub shall be drained onto property other than the Lot on which the swimming pool, spa and hot
tub is constructed. Above ground spas and hot tubs visible from public view or from an adjacent street
or Lot shall be skirted, decked, screened or landscaped in a manner which excludes pumps, plumbing,
heaters, filters, etc. from view. No swimming pool, spa or hot tub will be approved unless a principal
residential structure has been constructed on the Lot or the swimming pool, spa or hot tub is being
constructed at the same time as the principal residential structure.
Basketball Goals and Sporting Equipment
Basketball goals, or backboards, or any other similar sporting equipment of eith er a permanent or
temporary nature shall not be placed on any Lot or street or where same would be visible from an
adjoining street or Lot without the prior written consent of the ACC.
Permanent goals must meet the following criteria:
the metal pole must be permanently mounted into the ground to the side of the driveway in a full
upright position 25’ back from the curb;
the pole, backboard and net must be maintained in good condition at all times; and
poles may not be installed in front of the garage or facing into the street.
Portable goals will not be allowed unless the following criteria are met:
the goal must be placed to the side of the driveway and permanently installed to be flush with
the ground and maintained at all times in a full upright posi tion 25’ back from the curb;
21
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
the pole, backboard and net must be maintained in good condition at all times;
poles may not be installed in front of the garage or facing the street;
landscape barrier, such as small shrubs must screen the base of the goal;
goals may not be rolled into the street or any other public right-of-way; and
goals may not be maintained in front of the garage or facing into the street.
The ACC shall have the authority to establish additional guidelines for the placement and design of
basketball goals, backboards, or any other similar sporting equipment and the same shall be kept and
maintained out of view from any street, except in accordance with any such established guidelines.
Playscapes and Sport Courts
Sports courts, tennis courts, and playscapes or any similar recreational facilities may not be constructed
on any Lot without the advance written approval of the ACC. The ACC may prohibit the installation of
sports courts, tennis courts, playscapes or similar recreational facilities on any Lot.
Playscapes or any similar recreational facilities must comply with all the following requirements:
Must be located where the equipment will have minimum i mpact on adjacent Lots and be
screened from public view.
All playscapes or any similar recreational facilities equipment must be of earth tones colors, i.e.,
medium to dark greens, browns, and tans.
Bright primary colors will not be permitted.
Views of playscapes or any similar recreational facilities must be reduced from public streets and
adjoining units whenever possible.
Playscapes or any similar recreational facilities must not be located any closer to a property line
than the established building setbacks.
Trampolines, whether portable or non-portable must be placed no closer than five feet (5') to any
property line.
Playscapes, playground equipment and trampolines are prohibited in the front yard.
If approved, portable playscapes, including but not limited to, non -permanent and/or inflatable slides,
moon bounces, water parks and above ground inflatable pools or kiddy pools (collectively "Portable
Playscapes") must be stored in a screened area, the rear of the Lot, or inside the garage when not in use.
In no event, shall any Portable Playscapes be visible from or in the front of any Owner's Lot for any
period of time exceeding twenty-four (24) consecutive hours.
22
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Erosion Control and Construction Regulations
The following restrictions shall apply to all construction activities at Granada. Periodic inspections by a
representative of the ACC may take place in order to identify non-complying construction activities. If
items identified as not complying with the regulations are not remedied in a timely manner, fines will be
levied.
Erosion Control Installation and Maintenance
It is the responsibility of each Owner to install erosion control measures prior to the start of construction
and to maintain them throughout the entire construction process.
Silt fencing installed to all applicable standards is required to be properly installed an d maintained to
protect the low sides of all disturbed areas, where storm -water will flow during construction. The
purpose of the silt fence is to capture the sediment from the runoff and to permit filtered, clean water to
exit the site. The Owner should anticipate that built-up sediment will need to be removed from the silt
fence after heavy or successive rains, and that any breach in the fencing will need to be repaired or
replaced immediately.
If for any reason the silt fence is to be temporarily removed, please contact a representative of the ACC
prior to the removal.
Security
Neither the ACC, the Association, nor the Declarant shall be responsible for the security of job sites
during construction.
Construction Hours
Unless a written waiver is obtained from the ACC, construction may only take place during the following
hours: Monday through Friday from 7:00 a.m. until 7:00 p.m., and on Saturdays and Sundays from 9:00
a.m. until 6:00 p.m.
Noise, Animals, Children
The use of radios, tape and CD players mu st be restrained so as not to be heard on an adjoining Lot or
street.
Contractors and subcontractors may not bring dogs to construction sites. Contractors and subcontractors
may not bring children under 16 years of age to construction sites.
Material and Equipment Storage
All construction materials and equipment shall be neatly stacked, properly covered and secured . Any
storage of materials or equipment shall be the Owner’s responsibility and at their risk. Owners may not
disturb, damage or trespass on other Lots or adjacent property.
Insurance
23
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
The ACC requires an Owner to procure adequate commercial liability insurance during construction
naming the Association, the Declarant and the ACC as additional insureds, in an amount to be
determined, from time to time by the ACC.
Site Cleanliness
During the construction period, each construction site shall be kept neat and shall be properly policed to
prevent it from becoming an eyesore.
Owners shall provide a container for debris and shall clean up all trash and debris on the construction
site on a daily basis. Trash and debris shall be removed from each construction site on a timely basis.
Lightweight material, packaging and other items shall be covered or weighted down to prevent wind
from blowing such materials off the construction site.
The dumping, burying or burning of trash is not permitted anywhere in Granada.
It is imperative that, when moving heavy equipment around, precautions be taken to prevent damage to
pavement, curbs, and vegetation. Crawler tractors are not to be operated on paved or concrete surfaces.
Mud, dirt and other construction debris that is tracked off site shall be cleaned on a daily basis.
Sanitary Facilities
A temporary sanitary facility (chemical toilet) shall be provided and maintained for the use of
construction workers and shall be screened from view in a manner approved in advance by the ACC.
Construction Parking
Construction crews shall not park on, or otherwise use, other Lots. No construction vehicle will be
permitted to leak oil or otherwise damage or deface any street located within the community.
Schedule of Fines
Periodic inspections by a representative of the ACC may take place in order to identify non-complying
construction activities. Listed below is the schedule of f ines which may be assessed.
Schedule of Fines
Premature Clearing $5000
Construction Without ACC Approval $5000
Encroachment on Adjacent Properties $5000 plus cost of repair
Violation of Rules, Restriction or Guidelines $500/day
Failure to Install and/or Maintain Erosion Control Measures $1000/day
*Greenbelt/Open Space Lot violation $5000
Sign Violation $500 per sign/incident
*In the event, the Association or Declarant is required to repair, clean up or provide necessary service to
bring the improvement into compliance, the Owner will be assessed the cost of repair, clean up, or service
plus an additional 50% for time and service expended.
24
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Duration of Construction
The principal residential structure residence shall be complete and available for o ccupancy on or before
eighteen (18) months after the commencement of construction.
Plan Submittals and Review Fees
New residential home construction within Granada will utilize the process described in this section. No
Improvements may be commenced until the Owner has received a written “Approval” from the ACC.
New or Revision House-Start ACC Application - $50 per application
Submittal process: Current ACC application completely filled out, plot plan attached (no plans
required), and a check per application mailed or delivered to the ACC. Revisions will be charged
same as a new submittal.
Master Plans ACC Submittal - $500 per package
Submittal process: These packages usually occur when a builder enters a community, or changes
product. All plans are to be submitted on ledger paper 11x16 or half size sets. Plans must include all
elevations, roof pitch, brick/stone/stucco/siding percentages, and dimensional page for house width.
Please include a submittal letter explaining the section(s) and specifics of the review. Mail or
deliver the plan sets along with a check to the ACC.
***Plans are reviewed in advance by the ACC.***
Additional/New ACC Plan Review - $50 per plan
Submittal process: Mail or deliver half size or 11x16 set of plans that include all elevations, roof
pitch, brick/stone/stucco/siding percentages, and a dimensional page. Include a submittal letter
describing the request along with a check per each plan to be reviewed to the ACC.
Variance ACC Review - $50 per variance
Submittal process: Variance request letters must include the legal address, street address, and a
description of the variance, i.e. measurements, etc. Mail or deliver the letter and any supportive
materials (plot plan) along with a check to the ACC.
25
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
ATTACHMENT1
ACC APPLICATION
Deliver to:
ACC c/o
1221 North I-35E, Suite 200
Carrollton, Texas 75006
Phone: (469) 892-7200
Fax: (469) 892-7202
Date:
Lot: Block: Phase: Section:
Plan #: Bedrooms: Baths:
Address:
Lot Plan Attached: (Please Circle) Yes/No
1st Floor Masonry % 2nd Floor Masonry %
Chimney: (Please Circle) Yes/No Masonry Fiber Cement
Fencing Type: _______________________________________________________________________
Stone Manufacturer
and Color:_____________________________________________________________________________________
Brick Manufacturer and Color:
Roof Pitch: Roof Color:______________ Roof Material: ________________
Paint Color:
Fill in the information if different from color above
Trim Color: Door Color:
Shutters Color: Garage Color:
Square Footage of House: House Width: __________________________________
Front Retaining Wall: (Please Circle) Yes/No Deck: Yes/No Patio: _______ square feet
Comments:
Builder Name/Contact Information:
By: Approval Date:
26
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
ATTACHMENT 2
27
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
ATTACHMENT 3
NORTH TEXAS PLANT LIST
The following list should be used as a starting point for selecting plants in Granada. Requirements for
specific Lots may be more or less restrictive depending on landscape indigenous to the immediate site
and the location of the site within the Property.
Canopy Trees at Street / Lot:
Shumard Red Oak (Quercus shumardii)
Live Oak (Quercus virginiana)
Chinquapin Oak (Quercus muehlenbergii)
Lacebark Elm (Ulmus parvifolia)
Cedar Elm (Ulmus crassifolia)
Allee Elm (Ulmus parvifolia ‘Emer II’)
Texas Ash (Fraxinus texensis)
White Ash (Fraxinus americana)
Canopy Trees at Open Spaces:
Bald Cypress (Taxodium distichum)
Bur Oak (Quercus macrocarpa)
Lacey Oak (Quercus laceyi)
Ornamental Trees:
Desert Willow (Chilopsis linearis)
Thornless Mesquite (
Mexican Plum (Prunus mexicana)
Redbud (Redbud spp.)
Yaupon Holly (Ilex vomitoria)
Possomhaw Holly (Ilex decidua)
Eastern Red Cedar (Juniperus virginiana)
Vitex (Vitex agnus)
Crape Myrtle (Lagerstroemia indica)
Shrubs:
Abelia spp. (Abelia)
Cast Iron Plan (Aspidistra elatior)
Coral Beauty Cotoneaster (Cotoneaster dammeri)
Agarito (Mahonia trifoliolata)
American Beautyberry (Callicarpa Americana)
Apache Plume (Fallugia paradoxa)
Autumn Sage (Salvia greggii)
Dwarf Wax Myrtle (Myrica pussila)
Flame Acanthus (Anisacanthus wrightii)
Fragrant Sumac (Rhus aromatic)
28
GRANADA DESIGN GUIDELINES
AUSTIN_1/699747v.4
46145-8 10/22/2013
Pale Leaf Yucca (Yucca pallida)
Red Yucca (Hesperaloe parviflora)
Smooth Sumac (Rhus glabra)
Texas Barberry (Mahonia swaseyi)
Texas Sage (Leucophyllum frutescens)
Turk's Cap (Malvaviscus drummondii)
Grasses:
Switchgrass (Panicum virgatum)
Big Bluestem (Andropogon gerardii)
Bushy Bluestem (Androphgon glomeratus)
Eastern Gamagrass (Tripsacum dactyloides)
Gulf Muhly (Muhlenbergia capillaris)
Indiangrass (Sorghastrum nutans)
Inland Seaoats (Chasmanthium latifolium)
Lindheimer Muhly (Muhlenbergia lindheimeri)
Little Bluestem (Schizachyrium scoparium)
Perennials:
Black Eyed Susan (Rudbeckia hirta)
Blackfoot Daisy (Melampodium leucanthum)
Blue Mist Flower (Eupatorium greggii)
Butterfly Weed (Asclepias tuberosa)
Cardinal Flower (Lobelia cardinalis)
Coreopsis (Coreopsis lanceolata)
Fall Obedient Plant (Physostegia virginiana)
Four-nerve Daisy (Hymenoxys scaposa)
Fragrant Phlox (Phlox pilosa)
Cedar Sage (Salvia roemeriana)
Mealy Blue Sage (Salvia farinacea)
Prairie Verbena (Verbena bipinnatifida)
Purple Coneflower (Echinacea spp.)
Rockrose (Pavonia lasiopetala)
Ruellia (Ruellia spp.)
Scarlet Sage (Salvia coccinea)
Texas Lantana (Lantana horrida)
Winecup (Callirhoe involuncrata)
Yellow Columbine (Aquilegia spp.)
After Recording Return To:
Robert D. Burton
Winstead, PC
401 Congress Ave., Suite 2100
Austin, Texas 78701
email: rburton@winstead.com
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
GRANADA
[TARRANT COUNTY, TEXAS]
Declarant: MAGUIRE PARTNERS – SOLANA LAND, L.P., a Texas limited partnership
This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the
residential community known as Granada in Tarrant County, Texas and the operation of the Granada
Residential Community, Inc.
AUSTIN_1 \699746 v2 46145-8
AUSTIN_1/699746v.3
46145-8 10/22/2013
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
GRANADA
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 1
ARTICLE 2 USE RESTRICTIONS 5
2.01 General 5
2.02 Single-Family Residential Use 6
2.03 Rentals 7
2.04 Subdividing 7
2.05 Hazardous Activities 8
2.06 Insurance Rates 8
2.07 Mining and Drilling 8
2.08 Water Bodies 8
2.09 Noise 8
2.10 Animals - Household Pets 9
2.11 Rubbish and Debris 9
2.12 Trash Containers 9
2.13 Maintenance 10
2.14 Street Landscape Area-Owner’s Obligation to Maintain Landscaping 10
2.15 Antennas 10
2.16 Location of Permitted Antennas 11
2.17 Signs 11
2.18 Flags – Approval Requirements 12
2.19 Flags – Installation and Display 12
2.20 Tanks 13
2.21 Temporary Structures 13
2.22 Unsightly Articles; Vehicles 14
2.23 On Street Parking 14
2.24 Basketball Goals; Permanent and Portable 14
2.25 No Tennis or Recreational Courts; Playscapes 15
2.26 Decorations and Lighting 15
2.27 Clotheslines; Window Air Conditioners 15
2.28 Dumping 15
2.29 Compliance with Restrictions 15
2.30 Liability of Owners for Damage to Common Area 16
2.31 No Warranty of Enforceability 16
2.32 Restriction on Use of Common Area 16
2.33 Declarant and Homebuilder Exemption 16
i
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
ARTICLE 3 CONSTRUCTION RESTRICTIONS 17
3.01 Approval for Construction 17
3.02 Masonry Requirements 17
3.03 Minimum Square Footage 17
3.04 Garages 17
3.05 Fences; Sidewalks 17
3.06 Building Restrictions 17
3.07 Alteration or Removal of Improvements 17
3.08 Drainage 17
3.09 Construction Activities 18
3.10 Roofing 18
3.11 Swimming Pools 18
3.12 Solar Energy Device 18
3.13 Rainwater Harvesting Systems 20
ARTICLE 4 GRANADA RESIDENTIAL COMMUNITY, INC 21
4.01 Organization 21
4.02 Membership 21
4.03 Governance 22
4.04 Voting Rights 22
4.05 Powers 23
4.06 Acceptance of Common Area 26
4.07 Indemnification 26
4.08 Insurance 26
4.09 Bulk Rate Contracts 26
4.10 Community Systems 27
4.11 Declarant’s Right to Contribute to Revenues of the Association 27
4.12 Protection of Declarant’s Interests 28
4.13 Administration of Common Area 28
4.14 Private Streets 28
4.15 Notices and Disclaimers as to Security Systems 28
ARTICLE 5 INSURANCE 29
5.01 Insurance 29
5.02 Restoration 29
5.03 Mechanic’s and Materialmen’s Lien 30
ARTICLE 6 COVENANT FOR ASSESSMENTS 30
6.01 Assessments 30
6.02 Maintenance Fund 31
6.03 Regular Assessments 31
6.04 Working Capital Assessment 31
6.05 Amenity Reimbursement Fee 32
ii
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
6.06 Special Assessments 32
6.07 Individual Assessments 32
6.08 Amount of Assessment 33
6.09 Late Charges 33
6.10 Owner’s Personal Obligation; Interest 33
6.11 Assessment Lien and Foreclosure 34
6.12 Exempt Property 35
6.13 Fines and Damages Assessment 35
ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE 37
7.01 Construction of Improvements 37
7.02 Architectural Control Committee 37
ARTICLE 8 MORTGAGE PROVISIONS 40
8.01 Notice of Action 40
8.02 Examination of Books 41
8.03 Taxes, Assessments and Charges 41
ARTICLE 9 GENERAL PROVISIONS 41
9.01 Term 41
9.02 Eminent Domain 41
9.03 Amendment 41
9.04 Conceptual Plans 42
9.05 Party Wall Fences 42
9.06 Enforcement 43
9.07 Higher Authority 43
9.08 Severability 43
9.09 Conflicts 43
9.10 Gender 44
9.11 Acceptance by Grantees 44
9.12 Damage and Destruction 44
9.13 No Partition 45
9.14 Notices 45
9.15 View Impairment 45
9.16 Safety and Security 45
ARTICLE 10 EASEMENTS 46
10.01 Right of Ingress and Egress 46
10.02 Reserved Easements 46
10.03 Utility Easements 46
10.04 Roadway and Utility Easements 47
10.05 Subdivision Entry and Fencing Easement 47
10.06 Landscape, Monumentation and Signage Easement 47
10.07 Declarant as Attorney in Fact 47
iii
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
ARTICLE 11 DEVELOPMENT RIGHTS 48
11.01 Development by Declarant 48
11.02 Special Declarant Rights 48
11.03 Addition of Land 49
11.04 Withdrawal of Land 49
11.05 Assignment of Declarant’s Rights 49
iv
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
GRANADA
This Declaration of Covenants, Conditions and Restrictions (the “Declaration”) is made
by MAGUIRE PARTNERS – SOLANA LAND, L.P.,a Texas limited partnership (the
“Declarant”), and is as follows:
R E C I T A L S:
A.This Declaration is filed with respect to Lots 1 through 84, inclusive, Granada, a
subdivision in Tarrant County Texas, according to the plat recorded under Document No.
_________________, Official Public Records of Tarrant County, Texas (the “Property”).
Declarant is the owner of the Property.
B.Declarant desires to create and carry out a uniform plan for the development,
improvement, and sale of the Property.
C.By the filing of this Declaration, Declarant serves notice that the Property will be
subjected to the terms and provisions of this Declaration.
NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof)
will be held sold, conveyed, and occupied subject to the following covenants, conditions and
restrictions which will run with such portions of the Property and will be binding upon all
parties having right, title, or interest in or to such portions of the Property or any part thereof,
their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii)
that each contract or deed conveying the Property (or any portion thereof) will conclusively be
held to have been executed, delivered, and accepted subject to the following covenants,
conditions and restrictions, regardless of whether or not the same are set out in full or by
reference in said contract or deed.
This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the
reader. If there is a conflict between any note and the text of the Declaration, the text will
control.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases
when used in this Declaration will have the meanings hereinafter specified:
“Applicable Law” means the statutes and public laws and ordinances in effect at the
time a provision of the Restrictions is applied, and pertaining to the subject matter of the
- 1-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Restriction provision. Statutes and ordinances specifically referenced in the Restrictions are
“Applicable Law” on the date of the Restrictions, and are not intended to apply to the Property
if they cease to be applicable by operation of law, or if they are replaced or superseded by one
or more other statutes or ordinances.
“Architectural Control Committee” or “ACC” means the committee created pursuant
to this Declaration to review and approve or deny plans for the construction, placement,
modification, alteration or remodeling of any Improvements on a Lot.
“Assessment” or “Assessments” means assessments imposed by the Association under
this Declaration.
“Assessment Unit” has the meaning set forth in Section 6.08(b).
“Association” means the Granada Residential Community, Inc., a Texas non-profit
corporation, which will be created by Declarant to exercise the authority and assume the
powers specified in Article 4 and elsewhere in this Declaration.
“Board” means the Board of Directors of the Association.
“Bulk Rate Contract” or “Bulk Rate Contracts” means one or more contracts which are
entered into by the Association for the provision of utility services or other services of any kind
or nature to the Lots. The services provided under Bulk Rate Contracts may include, without
limitation, cable television services, telecommunications services, internet access services,
“broadband” services, security services, trash pick up services, propane service, natural gas
service, lawn maintenance services, wastewater services, and any other services of any kind or
nature which are considered by the Board to be beneficial to all or a portion of the Property.
“Bylaws” means the Bylaws of the Association as adopted and as amended from time
to time by a Majority of the Board.
“Certificate” means the Certificate of Formation of the Association, filed in the Office of
the Secretary of State of Texas, as the same may be amended from time to time.
“Common Area” means any property and facilities that the Association owns or in
which it otherwise holds rights or obligations, including any property or facilities held by the
Declarant for the benefit of the Association or its Members. Common Area includes any
property that the Association holds under a lease, license, or any easement in favor of the
Association. Some Common Area will be solely for the common use and enjoyment of the
Owners, while other portions of the Common Area may be for the use and enjoyment of the
Owners and members of the public. Common Area specifically includes all land designated as
Common Area on a Plat of the Property.
- 2-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
“Community Manual”means the community manual, which may be initially adopted
and recorded by the Declarant as part of the initial project documentation for the benefit of the
Association and the Property. The Community Manual may include the Bylaws, Rules and
other policies governing the Association. The Community Manual may be amended, from time
to time, by a Majority of the Board with Declarant’s written consent during the Development
Period. Upon expiration or termination of the Development Period, the Community Manual
may be amended by a Majority of the Board.
“Community Systems” means any and all cable television, telecommunications,
alarm/monitoring, internet, telephone or other lines, conduits, wires, amplifiers, towers,
antennae, satellite dishes, equipment, materials and installations and fixtures (including those
based on, containing and serving future technological advances not now known), if installed by
Declarant pursuant to any grant of easement or authority by Declarant within the Property.
“Declarant” means MAGUIRE PARTNERS – SOLANA LAND, L.P.,a Texas limited
partnership, its successors or assigns; provided that any assignment(s) of the rights of
MAGUIRE PARTNERS – SOLANA LAND, L.P.,a Texas limited partnership, as Declarant,
must be expressly set forth in writing and Recorded.
Declarant enjoys special rights and privileges to help protect its investment in the
Property which are described in this Declaration. Many of these rights do not
terminate until either Declarant: (i) has conveyed all Lots which may be created out
of the Property; or (ii) voluntarily terminates these rights by a Recorded written
instrument.
“Design Guidelines” means the standards for design, construction, landscaping, and
exterior items adopted pursuant to Section 7.02(c), as the same may be amended from time to
time. The Design Guidelines may consist of multiple written design guidelines applying to
specific portions of the Property. Declarant may adopt the initial Design Guidelines.
Notwithstanding anything in this Declaration to the contrary, Declarant will have no obligation
to establish Design Guidelines.
“Development Period” means the period of time beginning on the date when this
Declaration has been Recorded, and ending at such time as Declarant no longer owns any
portion of the Property, unless earlier terminated by Declarant. Declarant may terminate the
Development Period by an instrument executed by Declarant and Recorded. The Development
Period is the period in which Declarant reserves the right to facilitate the development,
construction, and marketing of the Property, and the right to direct the size, shape and
composition of the Property.
- 3-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
“Homebuilder” means an Owner (other than the Declarant) who acquires a Lot for the
construction of a single family residence for resale to a third party.
“Improvement” means every structure and all appurtenances of every type and kind,
whether temporary or permanent in nature, including, but not limited to, buildings,
outbuildings, storage sheds, patios, tennis courts, sport courts, recreational facilities, swimming
pools, putting greens, garages, driveways, parking areas and/or facilities, storage buildings,
sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways,
landscaping, mailboxes, poles, signs, antennae, exterior air conditioning equipment or fixtures,
exterior lighting fixtures, water softener fixtures or equipment, and poles, pumps, wells, tanks,
reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with
water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
“Lot” means any portion of the Property designated by Declarant or as shown as a
subdivided Lot on a Plat other than Common Area.
“Majority” means more than half.
“Manager” has the meaning set forth in Section 4.05(h).
“Members” means every person or entity that holds membership privileges in the
Association.
“Mortgage” or “Mortgages” means any mortgage(s) or deed(s) of trust securing
indebtedness and covering any Lot.
“Mortgagee” or “Mortgagees” means the holder(s) of any Mortgage(s).
“Owner” means the person(s), entity or entities, including Declarant, holding all or a
portion of the fee simple interest in any Lot, but does not include the Mortgagee under a
Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of
the lien of its Mortgage.
“Plat” means a Recorded subdivision plat of any portion of the Property and any
amendments thereto.
“Private Streets” means Lot ___, Block ____ within the Subdivision and consists of
private roadways, known as ______________________________. The Private Streets shall be
used for vehicular and pedestrian ingress and egress to and from the Lots and are designated
hereby as Common Area.
“Property” means Lots 1 through 84, inclusive, Granada, a subdivision in Tarrant
County Texas, according to the plat Recorded under Document No. _________________, subject
- 4-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
to such additions thereto and deletions therefrom as may be made pursuant to Section 11.03
and Section 11.04 of this Declaration.
“Record, Recording, Recordation and Recorded” means recorded or to be recorded in
the Official Public Records of Tarrant County, Texas.
“Resident” means an occupant of a Lot, regardless of whether the person owns the Lot.
“Restrictions” means the restrictions, covenants, and conditions contained in this
Declaration, the Design Guidelines, Bylaws, Community Manual, Rules or policies
promulgated by the Board and amended from time to time.See Table 1 for a summary of the
Restrictions.
“Rules”means any instrument, however denominated, which is adopted by the Board
for the regulation and management of the Property, including any amendments to those
instruments.
“Solar Energy Device” means a system or series of mechanisms designed primarily to
provide heating or cooling or to produce electrical or mechanical power by collecting and
transferring solar-generated energy. The term includes a mechanical or chemical device that
has the ability to store solar-generated energy for use in heating or cooling or in the production
of power.
“Town” means the Town of Westlake, Texas.
“Town Manager” means the Town Manager of the Town of Westlake, Texas or his/her
designee.
TABLE 1: RESTRICTIONS
Declaration (Recorded)This document and any amendments thereto.
Certificate of Formation (Recorded)Establishes the Association as a Texas nonprofit
corporation.
Bylaws (Recorded)Governs the Association’s internal affairs, such as elections,
meetings, etc.
Community Manual (Recorded)Establishes rules and policies governing the Association.
Design Guidelines (if adopted,
Recorded)
Governs the design and architectural standards for the
construction of Improvements and modifications thereto.
Rules (if adopted, Recorded)Regulates the use of property, activities, and conduct within
the Property.
Board Resolutions (adopted by the
Board of the Association)
Establishes rules, policies, and procedures for the Property,
Owners and the Association.
- 5-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
ARTICLE 2
USE RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied, and
enjoyed subject to the following limitations and restrictions:
General. 2.01
Conditions and Restrictions. All Lots within the Property will be owned, held,(a)
encumbered, leased, used, occupied and enjoyed subject to the Restrictions.
NOTICE
The Restrictions are subject to change from time to time. By owning or occupying a
Lot, you agree to remain in compliance with the Restrictions, as they may change
from time to time.
Ordinances. Ordinances and requirements imposed by local governmental(b)
authorities are applicable to all Lots within the Property. Compliance with the Restrictions
is not a substitute for compliance with such ordinances and regulations. Please be advised
that the Restrictions do not purport to list or describe each ordinance or regulation which
may be applicable to a Lot located within the Property. Each Owner is advised to review all
ordinances, requirements, regulations and encumbrances affecting the use and
improvement of their Lot prior to submitting plans to the ACC for approval. Furthermore,
approval by the ACC should not be construed by the Owner that any Improvement
complies with the terms and provisions of any ordinances, requirements, regulations or
encumbrances which may affect the Owner’s Lot. Certain encumbrances may benefit
parties whose interests are not addressed by the ACC.
Single-Family Residential Use. The Lots may be used solely for private 2.02
single-family residential purposes and there will not be constructed or maintained thereon
more than one detached single family residence. No professional, business, or commercial
activity to which the general public is invited may be conducted on any Lot, except an Owner
or Resident may conduct business activities within a residence so long as: (i) the existence or
operation of the business activity is not apparent or detectable by sight, sound, or smell from
outside the residence; (ii) the business activity conforms to all zoning requirements for the
Property; (iii) the business activity does not involve door-to-door solicitation of residents
within the Property; (iv) the business does not, in the Board’s judgment, generate a level of
vehicular or pedestrian traffic or a number of vehicles parked within the Property which is
noticeably greater than that which is typical of residences in which no business activity is being
conducted; and (v) the business activity is consistent with the residential character of the
Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other Residents of the Property as may be determined in the sole discretion
of the Board. The terms “business” and “trade”, as used in this provision, will be construed to
have their ordinary, generally accepted meanings and will include, without limitation, any
- 6-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
occupation, work, or activity undertaken on an ongoing basis which involves the provision of
goods or services to persons other than the provider’s family and for which the provider
receives a fee, compensation, or other form of consideration, regardless of whether: (x) such
activity is engaged in full or part-time; (y) such activity is intended to or does generate a profit;
or (z) a license is required.
Leasing of a residence is not considered a business or trade within the meaning of this
subsection. This subsection will apply to any activity conducted by the Declarant or a
Homebuilder.
Notwithstanding any provision in this Declaration to the contrary, until the earlier to
occur of expiration or termination of the Development Period, or forty (40) years from the date
this Declaration is Recorded:
(i) Declarant and/or its licensees may construct and maintain upon portions of
the Common Area and any Lot owned by the Declarant such facilities and may conduct
such activities which, in Declarant’s sole opinion, may be reasonably required,
convenient, or incidental to the construction or sale of single family residences
constructed upon the Lots, including, but not limited to, business offices, signs, model
homes, and sales offices. Declarant and/or its licensees have an easement over and
across the Common Area for access and use of such facilities at no charge; and
(ii) Declarant and/or its licensees will have an access easement over and across
the Common Area for the purpose of making, constructing and installing
Improvements upon the Common Area.
Rentals. Nothing in this Declaration will prevent the rental of any Lot and the 2.03
Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all
rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the
entire Lot) may be rented. All leases shall be in writing, and the Board will have the authority
to approve all leases in advance. Each lease must provide, or be deemed to provide, that the
Board shall have the right to terminate the lease upon default by the tenant in observing any
provisions of the Restrictions. The Board may deny permission to lease any Lot on any
reasonable grounds the Board may find. The Board shall have the right to require the Owner
to deposit in escrow with the Association (in addition to any other deposits which may be
required by the Owner so long as such additional deposit is not prohibited by law) an amount
not to exceed one month’s rental fee paid. Said deposit may be used by the Association to
repair any damage to the Property resulting from acts or omission by the tenants (as
determined in the sole discretion of the Board). Regardless of whether or not expressed in the
applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to
the Association for any amount which is required by the Association to effect such repairs or to
pay any claim for any injury or damage to property caused by the negligence of the tenant of
- 7-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
such Lot or for the acts or omissions of the tenant(s) of such Lot which constitute a violation of,
or non-compliance with, the provisions of the Documents. All leases shall comply with and be
subject to the provisions of the Restrictions and the provisions of same shall be deemed
expressly incorporated into any lease of a Lot. This Section 2.03 shall also apply to assignments
and renewals of leases. No lease approved by the Board shall be amended or modified without
the Board’s approval. In making its determination as to whether to approve a lease of a Lot,
the Board shall not discriminate on the grounds of race, gender, religion, national origin,
familial status or physical or mental handicap;provided,however, nothing herein shall be
construed to require the Association to furnish an alternate tenant to the Owner in the event
the Board disapproves a lease or tenant. Upon entering into an agreement for the lease of a
Lot, an Owner, other than Declarant, shall provide written notice to the Board, or its designee,
of the lease agreement and furnish the names of the prospective tenant. The Board may
require that the Owner deliver to the tenant, a copy of the Restrictions and obtain a written
instrument executed by the tenant acknowledging receipt of the Restrictions which receipt will
be provided to the Board. The Board shall have the right to charge an Owner a reasonable fee
(not to exceed $500.00) as determined by the Board for the processing of leases of Lots.
Subdividing. No Lot shall be further divided or subdivided, nor may any 2.04
easements or other interests therein less than the whole be conveyed by the Owner thereof
without the prior written approval of the ACC;provided,however, that when Declarant is the
Owner thereof, Declarant may further divide and subdivide any Lot and convey any
easements or other interests less than the whole, all without the approval of the ACC.
Hazardous Activities. No activities may be conducted on or within the 2.05
Property and no Improvements constructed on any portion of the Property which, in the
opinion of the Board, are or might be unsafe or hazardous to any person or property. Without
limiting the generality of the foregoing, no firearms or fireworks may be discharged upon any
portion of the Property unless discharged in conjunction with an event approved in advance by
the Board and no open fires may be lighted or permitted except within safe and well-designed
fireplaces or in contained barbecue units while attended and in use for cooking purposes.No
portion of the Property may be used for the takeoff, storage, or landing of aircraft (including,
without limitation, helicopters) except for medical emergencies.
Insurance Rates. Nothing shall be done or kept on the Property which would 2.06
increase the rate of casualty or liability insurance or cause the cancellation of any such
insurance on the Common Area, or the Improvements located thereon, without the prior
written approval of the Board.
Mining and Drilling. No portion of the Property may be used for the purpose 2.07
of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This
provision will not be construed to prevent the excavation of rocks, stones, sand, gravel,
- 8-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
aggregate, or earth or the storage of such material for use as fill provided that such activities
are conducted in conjunction with the construction of Improvements and/or the development
of the Property by the Declarant. Furthermore, this provision will not be interpreted to prevent
the drilling of water wells approved in advance by the ACC which are required to provide
water to all or any portion of the Property. All water wells must also be approved in advance
by the ACC and any applicable regulatory authority.
Water Bodies. By acceptance of a deed to Lot, each Owner acknowledges that 2.08
the water levels of all water bodies, if any, may vary. There is no guarantee by the Declarant or
the Association that water levels will be constant or aesthetically pleasing at any particular
time. In fact, water levels may be non-existent from time to time.
Noise. No exterior speakers, horns, whistles, bells, or other sound devices 2.09
(other than security devices used exclusively for security purposes) shall be located, used, or
placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate
upon any portion of the Property so as to be offensive or detrimental to any other portion of
the Property or to its Residents. Without limiting the generality of the foregoing, if any noise
or nuisance emanates from any Improvement on any Lot, the Association may (but shall not be
obligated to) enter any such Improvement and take such reasonable actions necessary to
terminate such noise (including silencing any burglar or break-in alarm).
Animals - Household Pets. No animals, including pigs, hogs, swine, poultry, 2.10
fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be
a domestic household pet within the ordinary meaning and interpretation of such words may
be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term
“domestic household pet” shall not mean or include non-traditional pets such pot-bellied pigs,
miniature horses, goats, exotic snakes or lizards, ferrets, monkeys, chickens or other exotic
animals). The Board may conclusively determine, in its sole discretion, whether a particular
pet is a domestic household pet within the ordinary meaning and interpretation of such words.
No Owner may keep more than four (4) cats and dogs, in the aggregate, of which no more than
two (2) may be dogs, unless otherwise approved by the Board. No animal may be allowed to
make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be
allowed on the Property other than within the Owner’s residence, or the fenced yard space
associated therewith, unless confined to a leash. The Association may restrict pets to certain
areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for
hire or remuneration on the Property, and no kennels or breeding operation will be allowed.
No animal may be allowed to run at large, and all animals must be kept within enclosed areas
which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times.
No pet may be left unattended in yards, porches or other outside area. All pet waste will be
removed and appropriately disposed of by the owner of the pet. All pets must be registered,
licensed and inoculated as required by Applicable Law. If, in the opinion of the Board, any pet
becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses
- 9-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
to comply with these restrictions, the Owner, upon written notice, may be required to remove
the pet from the Property.
Rubbish and Debris. As determined by the Board, no rubbish or debris of any 2.11
kind may be placed or permitted to accumulate on or within the Property, and no odors will be
permitted to arise therefrom so as to render all or any portion of the Property unsanitary,
unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and
trash must be kept at all times in covered containers, and such containers must be kept within
enclosed structures or appropriately screened from view. Each Owner will contract with an
independent disposal service to collect all garbage or other wastes, if such service is not
provided by a governmental entity or the Association.
Trash Containers. Trash containers and recycling bins must be stored in one of 2.12
the following locations:
inside the garage of the single-family residence constructed on the Lot; or(a)
behind the single-family residence or fence constructed on the Lot in such a(b)
manner that the trash container and recycling bin is not visible from any street, alley, or
adjacent Lot.
The Board shall have the right to specify additional locations on each Owner’s Lot in
which trash containers or recycling bins must be stored.
Maintenance. The Owners of each Lot shall jointly and severally have the duty 2.13
and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
thereon in good condition and repair and in a well-maintained, safe, clean and attractive
condition at all times. The Board, in its sole discretion, shall determine whether a violation of
the maintenance obligations set forth in this Section 2.13 has occurred. Such maintenance
includes, but is not limited to the following, which shall be performed in a timely manner, as
determined by the Board, in its sole discretion:
(i)Prompt removal of all litter, trash, refuse, and wastes.
(ii)Lawn mowing.
(iii)Tree and shrub pruning.
(iv)Watering.
(v)Keeping exterior lighting and mechanical facilities in working order.
(vi)Keeping lawn and garden areas alive, free of weeds, and attractive.
-10-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
(vii)Keeping planting beds free of turf grass.
(viii)Keeping sidewalks and driveways in good repair.
(ix)Complying with Applicable Law.
(x)Repainting of Improvements.
(xi)Repair of exterior damage, and wear and tear to Improvements.
Street Landscape Area-Owner’s Obligation to Maintain Landscaping. Each 2.14
Owner will be responsible, at such Owner’s sole cost and expense, for maintaining mowing,
replacing, pruning, and irrigating the landscaping between the boundary of such Owner’s Lot
and the curb of any adjacent right-of-way, street or alley (the “ST Landscape Area”) unless the
responsibility for maintaining the ST Landscape Area is performed by the Association.
Antennas. Except as expressly provided below, no exterior radio or television 2.15
antennae or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot
without the prior written approval of the ACC; provided, however, that:
(i) an antenna designed to receive direct broadcast services, including direct-to-home
satellite services, that is one meter or less in diameter; or
(ii) an antenna designed to receive video programming services via multipoint
distribution services, including multi-channel multipoint distribution services, instructional
television fixed services, and local multipoint distribution services, that is one meter or less in
diameter or diagonal measurement; or
(iii) an antenna that is designed to receive television or radio broadcast signals
(collectively, (i) through (iii) are referred to herein as the “Permitted Antennas”) will be
permitted subject to reasonable requirements as to location and screening as may be set forth in
rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness
as viewed from streets and adjacent property.
Location of Permitted Antennas. A Permitted Antenna may be installed solely 2.16
on the Owner's Lot and shall not encroach upon any street, Common Area, or any other
portion of the Property. A Permitted Antenna shall be installed in a location on the Lot from
which an acceptable quality signal can be obtained and where least visible from the street and
the Property, other than the Lot. In order of preference, the locations of a Permitted Antenna
which will be considered least visible by the ACC are as follows:
-11-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
(i) Attached to the back of the principal single-family residence constructed on the Lot,
with no part of the Permitted Antenna any higher than the lowest point of the roofline and
screened from view of adjacent Lots and the street; then
(ii) Attached to the side of the principal single-family residence constructed on the Lot,
with no part of the Permitted Antenna any higher than the lowest point of the roofline and
screened from view of adjacent Lots and the street.
The ACC may, from time to time, modify, amend, or supplement the rules regarding
installation and placement of Permitted Antennas.
Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite dishes,
are permitted,HOWEVER, you are required to comply with the rules regarding
installation and placement. These Rules may be modified by the ACC from time to
time. Please contact the ACC for the current rules regarding installation and
placement.
Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may 2.17
be displayed to the public view on any Lot without the prior written approval of the ACC,
except for:
(i)signs which are permitted pursuant to the Design Guidelines or the Rules;
(ii)signs which are part of Declarant’s overall marketing, sale, or construction plans
or activities for the Property;
(iii)one (1) temporary “For Sale” or “For Lease” sign placed on the Lot. The sign
will be limited to a maximum face area of five (5) square feet on each visible side and, if free
standing, is mounted on a single or frame post. The overall height of the sign from finished
grade at the spot where the sign is located may not exceed four (4) feet. The sign must be
removed within two (2) business days following the sale or lease of the Lot;
(iv)political signs may be erected provided the sign: (a) is erected no earlier than the
90th day before the date of the election to which the sign relates; (b) is removed no later than
the 10th day after the date of the election to which the sign relates; and (c) is ground-mounted.
Only one sign may be erected for each candidate or ballot item. In addition, signs which
include any of the components or characteristics described in Section 202.009(c) of the Texas
Property Code are prohibited;
(v)permits as may be required by legal proceedings or a governmental entity;
(vi)a religious item on the entry door or door frame of a residence (which may not
extend beyond the outer edge of the door frame), provided that the size of the item(s),
-12-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
individually or in combination with other religious items on the entry door or door frame of
the residence, does not exceed twenty-five (25) square inches; and
(vii)a “no soliciting” and “security warning” sign near or on the front door to their
residence, provided, that the sign may not exceed twenty-five (25) square inches.
Flags – Approval Requirements. An Owner is permitted to display the flag of 2.18
the United States of America, the flag of the State of Texas, or an official or replica flag of any
branch of the United States Military (“Permitted Flag”) and permitted to install a flagpole no
more than five feet (5’) in length affixed to the front of a residence near the principal entry or
affixed to the rear of a residence (“Permitted Flagpole”). Only two (2) permitted Flagpoles are
allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in
advance by the ACC. Approval by the ACC is required prior to installing vertical freestanding
flagpoles installed in the front or back yard area of any Lot (“Freestanding Flagpole”).To
obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the
following information: (a) the location of the Freestanding Flagpole to be installed on the Lot;
(b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding
Flagpole; and (d) the proposed materials of the Freestanding Flagpole (the “Flagpole
Application”). A Flagpole Application may only be submitted by an Owner. The Flagpole
Application shall be submitted in accordance with the provisions of Article 7 of this
Declaration.
Flags – Installation and Display. Unless otherwise approved in advance and in 2.19
writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles,
installed in accordance with the Flagpole Application, must comply with the following:
No more than one (1) Freestanding Flagpole OR no more than two (2) Permitted(i)
Flagpoles are permitted per Lot, on which only Permitted Flags may be
displayed;
Any Permitted Flagpole must be no longer than five feet (5') in length and any(ii)
Freestanding Flagpole must be no more than twenty feet (20') in height
Any Permitted Flag displayed on any flagpole may not be more than three feet(iii)
in height by five feet in width (3'x5');
With the exception of flags displayed on Common Area or any Lot which is(iv)
being used for marketing purposes by a Homebuilder, the flag of the United
States of America must be displayed in accordance with 4 U.S.C. Sections 5-10
and the flag of the State of Texas must be displayed in accordance with Chapter
3100 of the Texas Government Code;
-13-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
The display of a Permitted Flag, or the location and construction of a Permitted(v)
Flagpole or Freestanding Flagpole must comply with all Applicable Law;
Each Permitted Flagpole and Freestanding Flagpole must be constructed of(vi)
permanent, long-lasting materials, with a finish appropriate to the materials
used in the construction thereof and harmonious with the residence;
Permitted Flag, Permitted Flagpole or Freestanding Flagpole must be(vii)
maintained in good condition and any deteriorated Permitted Flag or
deteriorated or structurally unsafe Permitted Flagpole or Freestanding Flagpole
must be repaired, replaced or removed;
A Permitted Flag may be illuminated by no more than one (1) halogen(viii)
landscaping light of low beam intensity which shall not be aimed towards or
directly affect any neighboring Lot; and
Any external halyard of a Permitted Flagpole or Freestanding Flagpole must be(ix)
secured so as to reduce or eliminate noise from flapping against the metal of the
Permitted Flagpole or Freestanding Flagpole.
The requirements of this Section 2.19 shall not apply to any flag or flagpole erected by
the Declarant.
Tanks. The ACC must approve any tank used or proposed in connection with a 2.20
single family residential structureNo tanks, including tanks for storage of fuel, water, oil, or
LPG are permitted on the Property. Notwithstanding the foregoing,and including swimming
pool filter tanks are permitted. No elevated tanks of any kind may be erected, placed or
permitted on any Lot without the advance written approval of the ACC. All permitted tanks
must be screened from view in accordance with a screening plan approved in advance by the
ACC. This provision will not apply to a tank used to operate a standard residential gas grill.
Temporary Structures. No tent, shack, or other temporary building, 2.21
Improvement, or structure shall be placed upon the Property without the prior written
approval of the ACC;provided,however, that temporary structures necessary for storage of
tools and equipment, and for office space for Homebuilders, architects, and foremen during
actual construction may be maintained with the prior approval of Declarant, approval to
include the nature, size, duration, and location of such structure.
Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board 2.22
will be permitted to remain on any Lot so as to be visible from adjoining property or from
public or private thoroughfares. Without limiting the generality of the foregoing, trailers,
graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor
scooters, all-terrain vehicles and garden and lawn maintenance equipment must be kept at all
-14-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
times except when in actual use, in enclosed structures or screened from view and no repair or
maintenance work may be done on any of the foregoing, or on any automobile (other than
minor emergency repairs), except in enclosed garages or other structures. Service areas,
storage areas, compost piles and facilities for hanging, drying or airing clothing or household
fabrics must be appropriately screened from view, and no lumber, grass, plant waste, shrub or
tree clippings, metals, bulk materials, scrap, refuse or trash must be kept, stored, or allowed to
accumulate on any portion of the Property except within enclosed structures or appropriately
screened from view. No: (i) racing vehicles; or (ii) other vehicles (including, without limitation,
motorcycles or motor scooters) which are inoperable or do not have a current license tag will
be permitted to remain visible on any Lot or to be parked on any roadway within the Property.
Motorcycles shall be operated in a quiet manner.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other
watercraft, trailers, stored vehicles or inoperable vehicles in places other than: (a) in enclosed
garages; and (b) behind a fence so as to not be visible from any other portion of the Property is
prohibited; provided, construction, service and delivery vehicles may be exempt from this
provision for such period of time as is reasonably necessary to provide service or to make a
delivery to a residence.
Mobile homes are prohibited. Notwithstanding the foregoing, sales trailers or other
temporary structures installed by the Declarant or expressly approved by the ACC shall be
permitted.
On Street Parking. Unless otherwise approved by the Declarant or the Board, 2.23
no vehicle may be parked on any road or street within the Property unless in the event of an
emergency.“Emergency” for purposes of the foregoing sentence shall mean an event which
jeopardizes life or property.“Parked” as used herein shall be defined as a vehicle left
unattended by a licensed operator for more than thirty (30) consecutive minutes.
Basketball Goals; Permanent and Portable. The basketball goal requirements 2.24
are set forth in the Design Guidelines. Portable basketball goals are permitted but must be
stored in the rear of the Lot or inside garage from sundown to sunrise. Basketball goals must
be properly maintained and painted, with the net in good repair. All basketball goals, whether
permanent or portable, must be approved by the ACC prior to being placed on any Lot.
No Tennis or Recreational Courts; Playscapes. No tennis, recreational or sport 2.25
courts shall be constructed on any Lot unless expressly approved by the ACC. The specific
requirements of tennis, recreational and/or sport courts are set forth in the Design Guidelines.
Decorations and Lighting. Unless otherwise permitted by Section 2.16(vi), no 2.26
decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other
decorative embellishments shall be placed on the residence or on the front yard or on any other
portion of a Lot which is visible from any street, unless such specific items have been approved
-15-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
in writing by the ACC. Additional specifications related to decorations and lighting are set
forth in the Design Guidelines.
Clotheslines; Window Air Conditioners. No clotheslines and no outdoor 2.27
clothes drying or hanging shall be permitted within the Property, nor shall anything be hung,
painted or displayed on the outside of the windows (or inside, if visible from the outside) or
placed on the outside walls or outside surfaces of doors of any of the residence, and no
awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant
or a Homebuilder) shall be affixed or placed upon the exterior walls or roofs of residences, or
any part thereof, nor relocated or extended, without the prior written consent of the ACC.
Window air conditioners are prohibited.
Dumping. No portion of the Property shall be used or maintained as a dumping 2.28
ground for rubbish, trash, new or used lumber or wood, metal scrap, garbage or other waste,
except that such material may be kept in areas of the Property designated for this purpose by
Declarant (in connection with its construction) or by the Board, provided that these materials
are kept in sanitary containers in a clean and sanitary condition. Owners shall place these
containers for collection only in the designated areas and only on the day these refuse materials
are to be collected. Empty containers shall be removed promptly after collection.
Compliance with Restrictions. Each Owner, his or her family, Residents of a 2.29
Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with
the provisions of the Restrictions as the same may be amended from time to time. Failure to
comply with any of the Restrictions shall constitute a violation of the Restrictions and may
result in a fine against the Owner in accordance with Section 6.13 of this Declaration, and shall
give rise to a cause of action to recover sums due for damages or injunctive relief, or both,
maintainable by the Declarant, the Board on behalf of the Association, the ACC, or by an
aggrieved Owner. Without limiting any rights or powers of the Association, the Board may
(but shall not be obligated to) remedy or attempt to remedy any violation of any of the
provisions of Restrictions, and the Owner whose violation has been so remedied shall be
personally liable to the Association for all costs and expenses of effecting (or attempting to
effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the
Association, such costs and expenses (plus interest from the date of demand until paid at the
maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and
one-half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner’s
Lot(s). Any such amounts assessed and chargeable against a Lot shall be secured by the liens
reserved in this Declaration for Assessments and may be collected by any means provided in
this Declaration for the collection of Assessments, including, but not limited to, foreclosure of
such liens against the Owner’s Lot(s).Each such Owner shall indemnify and hold harmless
the Association and its officers, directors, employees and agents from any cost, loss, damage,
expense, liability, claim or cause of action incurred or that may arise by reason of the
Association’s acts or activities under this Section 2.29 (including any cost, loss, damage,
-16-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
expense, liability, claim or cause of action arising out of the Association’s negligence in
connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of
action arising by reason of the Association’s gross negligence or willful misconduct.“Gross
negligence” as used herein does not include simple negligence, contributory negligence or
similar negligence short of actual gross negligence.
Liability of Owners for Damage to Common Area. No Owner shall in any way 2.30
alter, modify, add to or otherwise perform any work upon the Common Area without the prior
written approval of the Board. Each Owner shall be liable to the Association for any and all
damages to: (i) the Common Area and any Improvements constructed thereon; or (ii) any
Improvements constructed on any Lot, the maintenance of which has been assumed by the
Association, which damages were caused by the neglect, misuse or negligence of such Owner
or Owner’s family, or by Resident of such Owner’s Lot, or any guest or invitee of such Owner
or Resident. The full cost of all repairs of such damage shall be an Individual Assessment
against such Owner’s Lot, secured by a lien against such Owner’s Lot and collectable in the
same manner as Assessments.
No Warranty of Enforceability. Declarant makes no warranty or representation 2.31
as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a
Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and
enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
Restriction on Use of Common Area. The Board may prohibit or restrict the use 2.32
of the Common Area from time to time, on a non-discriminatory basis, if and to the extent
required for safety or other valid reasons.
Declarant and Homebuilder Exemption. The provisions of this Article are 2.33
intended to restrict certain uses that may be harmful or affect the ambience or aesthetic appeal
of the Property; the restrictions are not intended to prohibit the Declarant or Homebuilders
from performing such work as may be necessary for the development of the Property or the
construction of Improvements thereon. The restrictions in this Article shall not be binding on
Declarant or Homebuilders in the performance of any work required in order to complete
construction of the Property, or any portion thereof.
ARTICLE 3
CONSTRUCTION RESTRICTIONS
-17-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Approval for Construction. Unless prosecuted by the Declarant, no 3.01
Improvements shall be constructed upon any Lot without the prior written approval of the
ACC in accordance with Article 7 of this Declaration.
Masonry Requirements. The masonry requirements for each residence 3.02
constructed on a Lot are set forth in the Design Guidelines.
Minimum Square Footage. The minimum square footage requirements for 3.03
each residence constructed on a Lot are set forth in the Design Guidelines.
Garages. The garage requirements for each residence constructed on a Lot are 3.04
set forth in the Design Guidelines.
Fences; Sidewalks. All fences and walls shall comply with all Applicable Law. 3.05
Unless otherwise approved by the ACC, no fence, wall or hedge will be erected or maintained
on any Lot nearer to the street than the front elevation of the residence constructed on the Lot,
except for fences erected in conjunction with the model homes or sales offices. The ACC will
have the sole discretion to determine the front elevation of the residence for the purpose of this
Section 3.05. Fences constructed on corner lots may be installed one (1) foot from the sidewalk
and/or curb along the side yard adjacent to the street provided that such fencing complies with
Applicable Law.The fencing requirements for each residence constructed on a Lot are set
forth in the Design Guidelines. If required by the Plat, the Owner of each Lot shall construct, at
such Owner’s sole cost and expense and prior to occupying any Improvement, a sidewalk on
such Owner’s Lot, located and designed in conformance with the Plat.
Building Restrictions. All building materials must be approved in advance by 3.06
the ACC. All projections from a residence or other structure, including but not limited to
chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior
stairways must, unless otherwise approved by the ACC, match the color of the surface from
which they project. No highly reflective finishes (other than glass, which may not be mirrored)
shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without
limitation, the exterior surfaces of any Improvements.
Alteration or Removal of Improvements. Any construction, other than normal 3.07
maintenance, which in any way alters the exterior appearance of any Improvement, or the
removal of any Improvement shall be performed only with the prior written approval of the
ACC.
Drainage. There shall be no interference with the established drainage patterns 3.08
over any of the Property, including the Lots, except by Declarant, unless adequate provision is
made for proper drainage and such provision is approved in advance by the ACC. Specifically,
and not by way of limitation, no Improvement, including landscaping, may be installed which
impedes the proper drainage of water between Lots.
-18-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Construction Activities. The Restrictions will not be construed or applied so as 3.09
to unreasonably interfere with or prevent normal construction activities during the
construction of Improvements by an Owner (including Declarant or a Homebuilder) upon or
within the Property. Specifically, no such construction activities will be deemed to constitute a
nuisance or a violation of the Restrictions by reason of noise, dust, presence of vehicles or
construction machinery, posting of signs or similar activities, provided that such construction is
pursued to completion with reasonable diligence and conforms to usual construction practices
in the area. In the event that construction upon any Lot does not conform to usual practices in
the area as determined by the ACC in its sole and reasonable judgment, the ACC will have the
authority to seek an injunction to stop such construction. In addition, if during the course of
construction upon any Lot there is excessive accumulation of debris of any kind which would
render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or
any other portion of the Property, then the ACC may contract for or cause such debris to be
removed, and the Owner of the Lot will be liable for all reasonable expenses incurred in
connection therewith.
Roofing. The roofing requirements for each residence constructed on a Lot are 3.10
set forth in the Design Guidelines.
Swimming Pools. Specific swimming pool requirements are set forth in the 3.11
Design Guidelines. Any swimming pool constructed on a Lot must be enclosed with a fence
or other enclosure device completely surrounding the swimming pool which, at a minimum,
satisfies all Applicable Law. Nothing in this Section 3.11 is intended or shall be construed to
limit or affect an Owner’s obligation to comply with any Applicable Law concerning
swimming pool enclosure requirements. Above-ground or temporary swimming pools are
prohibited.
Solar Energy Device. During the Development Period this Section 3.12 does not 3.12
apply and the Declarant must approve in advance and in writing the installation of any solar
energy device or apparatus (a “Solar Energy Device”). Until expiration or termination of the
Development Period, the Declarant may prohibit the installation of any Solar Energy Device.
After expiration or termination of the Development Period, Solar Energy Devices may be
installed with the advance written approval of the ACC.
Application. To obtain ACC approval of a Solar Energy Device, the Owner shall(a)
provide the ACC with the following information: (i) the proposed installation location of the
Solar Energy Device; and (ii) a description of the Solar Energy Device, including the
dimensions, manufacturer, and photograph or other accurate depiction (the “Solar
Application”). A Solar Application may only be submitted by an Owner. The Solar
Application shall be submitted in accordance with the provisions of Article 7 of this
Declaration.
-19-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Approval Process. The ACC will review the Solar Application in accordance(b)
with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar
Energy Device if the Solar Application complies with Section 3.12(c) below UNLESS the
ACC makes a written determination that placement of the Solar Energy Device, despite
compliance with Section 3.12(c), will create a condition that substantially interferes with the
use and enjoyment of property within the Property by causing unreasonable discomfort or
annoyance to persons of ordinary sensibilities. The ACC’s right to make a written
determination in accordance with the foregoing sentence is negated if all Owners of Lots
immediately adjacent to the Owner/applicant provide written approval of the proposed
placement. Any proposal to install a Solar Energy Device on property owned or maintained
by the Association or property owned in common by Members of the Association must be
approved in advance and in writing by the Board, and the Board need not adhere to this
policy when considering any such request.
Approval Conditions. Unless otherwise approved in advance and in writing by(c)
the ACC, each Solar Application and each Solar Energy Device to be installed in accordance
therewith must comply with the following:
The Solar Energy Device must be located on the roof of the residence(i)
located on the Owner’s Lot, entirely within a fenced area of the Owner’s
Lot, or entirely within a fenced patio located on the Owner’s Lot. If the
Solar Energy Device will be located on the roof of the residence, the ACC
may designate the location for placement unless the location proposed by
the Owner increases the estimated annual energy production of the Solar
Energy Device, as determined by using a publicly available modeling
tool provided by the National Renewable Energy Laboratory, by more
than 10 percent above the energy production of the Solar Energy Device
if installed in the location designated by the ACC. If the Owner desires
to contest the alternate location proposed by the ACC, the Owner should
submit information to the ACC which demonstrates that the Owner’s
proposed location meets the foregoing criteria. If the Solar Energy
Device will be located in the fenced area of the Owner’s Lot or patio, no
portion of the Solar Energy Device may extend above the fence line.
If the Solar Energy Device is mounted on the roof of the principal(ii)
residence located on the Owner’s Lot, then: (a) the Solar Energy Device
may not extend higher than or beyond the roofline; (b) the Solar Energy
Device must conform to the slope of the roof and the top edge of the
Solar Device must be parallel to the roofline; (c) the frame, support
brackets, or visible piping or wiring associated with the Solar Energy
Device must be silver, bronze or black.
-20-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a 3.13
“Rainwater Harvesting System”) may be installed with the advance written approval of the
ACC.
Application. To obtain ACC approval of a Rainwater Harvesting System, the(a)
Owner shall provide the ACC with the following information: (a) the proposed installation
location of the Rainwater Harvesting System; and (b) a description of the Rainwater
Harvesting System, including the color, dimensions, manufacturer, and photograph or other
accurate depiction (the “Rain System Application”). A Rain System Application may only
be submitted by an Owner.
Approval Process. The decision of the ACC will be made in accordance with(b)
Article 7 of this Declaration. Any proposal to install a Rainwater Harvesting System on
property owned by the Association or property owned in common by Members of the
Association must be approved in advance and in writing by the Board, and the Board need
not adhere to this policy when considering any such request.
Approval Conditions. Unless otherwise approved in advance and in writing by(c)
the ACC, each Rain System Application and each Rainwater Harvesting System to be
installed in accordance therewith must comply with the following:
The Rainwater Harvesting System must be consistent with the color(i)
scheme of the residence constructed on the Owner’s Lot, as reasonably
determined by the ACC.
The Rainwater Harvesting System does not include any language or(ii)
other content that is not typically displayed on such a device.
The Rainwater Harvesting System is in no event located between the(iii)
front of the residence constructed on the Owner’s Lot and any adjoining
or adjacent street.
There is sufficient area on the Owner’s Lot to install the Rainwater(iv)
Harvesting System, as reasonably determined by the ACC.
If the Rainwater Harvesting System will be installed on or within the(v)
side yard of a Lot, or would otherwise be visible from a street, the
Common Area, or another Owner’s Lot, the ACC may regulate the size,
type, shielding of, and materials used in the construction of the
Rainwater Harvesting System. See Section 3.13(d)for additional
guidance.
-21-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Guidelines. If the Rainwater Harvesting System will be installed on or within(d)
the side yard of a Lot, or would otherwise be visible from a street, the Common Area, or
another Owner’s Lot, the ACC may regulate the size, type, shielding of, and materials used
in the construction of the Rainwater Harvesting System. Accordingly, when submitting a
Rain System Application, the application should describe methods proposed by the Owner
to shield the Rainwater Harvesting System from the view of any street, Common Area, or
another Owner’s Lot. When reviewing a Rain System Application for a Rainwater
Harvesting System that will be installed on or within the side yard of a Lot, or would
otherwise be visible from a street, the Common Area, or another Owner’s Lot, any
additional requirements imposed by the ACC to regulate the size, type, shielding of, and
materials used in the construction of the Rainwater Harvesting System, may not prohibit the
economic installation of the Rainwater Harvesting System, as reasonably determined by the
ACC.
ARTICLE 4
GRANADA RESIDENTIAL COMMUNITY, INC.
Organization. The Association will be a nonprofit corporation created for the 4.01
purposes, charged with the duties, and vested with the powers of a Texas non-profit
corporation. Neither the Certificate nor Bylaws will for any reason be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
Membership. 4.02
Mandatory Membership. Any person or entity, upon becoming an(a)
Owner, will automatically become a Member of the Association. Membership will be
appurtenant to and will run with the ownership of the Lot that qualifies the Owner thereof
for membership, and membership may not be severed from the ownership of the Lot, or in
any way transferred, pledged, mortgaged or alienated, except together with the title to such
Lot.
If you acquire a Lot you automatically become a member of the Association.
Membership is Mandatory!
Easement of Enjoyment – Common Area. Every Member will have a(b)
right and easement of enjoyment in and to all of the Common Area and an access easement
by and through any Common Area, which easements will be appurtenant to and will pass
with the title to such Member’s Lot, subject to the following restrictions and reservations:
The right of the Declarant to cause such Improvements and features to be(i)
constructed upon the Common Area, as determined from time to time by
the Declarant, in the Declarant’s sole and absolute discretion;
-22-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
The right of the Association to suspend the right to use the Common(ii)
Area for any period during which any Assessment against such
Member’s Lot remains past due and for any period during which such
member is in violation of any provision of this Declaration;
The right of the Association and Declarant (during the Development(iii)
Period) to dedicate or transfer all or any part of the Common Area to any
public agency, authority or utility for any purpose;
The right of the Association and Declarant (during the Development(iv)
Period) to grant easements or licenses over and across the Common
Area;
The right of the Association to borrow money for the purpose of(v)
improving the Common Area and, in furtherance thereof, mortgage the
Common Area;
The right of the Declarant, during the Development Period, and the(vi)
Board thereafter, to promulgate Rules regarding the use of the Common
Area and any Improvements thereon; and
The right of the Association to contract for services with any third parties(vii)
on such terms as the Association may determine.
Governance. The Board will consist of at least three (3) persons elected at the 4.03
annual meeting of the Association, or at a special meeting called for such purpose.
Notwithstanding the foregoing provision or any provision in this Declaration to the
contrary, Declarant will have the sole right to appoint and remove all members of the Board
until the 10th anniversary of the date this Declaration is Recorded. No later than the 10th
anniversary of the date this Declaration is Recorded, or sooner as determined by Declarant,
the Board will hold a meeting of Members of the Association for the purpose of electing
one-third of the Board (the “Initial Member Election Meeting”), which Board member(s)
must be elected by Owners other than the Declarant. Declarant shall continue to have the
sole right to appoint and remove two-thirds of the Board from and after the Initial Member
Election Meeting until expiration or termination of the Development Period.
Voting Rights. The right to cast votes and the number of votes which may be 4.04
cast for election of members to the Board (except as provided by Section 4.03) and on all other
matters to be voted on by the Members will be calculated as set forth below.
The Owner of each Lot will have one (1) vote for each Lot so owned.(i)
-23-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
In addition to the votes to which Declarant is entitled by reason of Section(ii)
4.04(i), for every one (1) vote outstanding in favor of any other person or
entity, Declarant will have four (4) additional votes until the expiration
or termination of the Development Period.
When more than one person or entity owns a portion of the fee simple(iii)
interest in any Lot, all such persons or entities will be Members. The
vote or votes (or fraction thereof) for such Lot will be exercised by the
person so designated in writing to the Secretary of the Association by the
Owner of such Lot, and in no event will the vote for such Lot exceed the
total votes to which such Lot is otherwise entitled under this Section 4.04.
Powers. The Association will have the powers of a Texas nonprofit corporation. 4.05
It will further have the power to do and perform any and all acts that may be necessary or
proper, for or incidental to, the exercise of any of the express powers granted to it by
Applicable Law or this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Board, acting on behalf of the Association, will have the following
powers at all times:
Rules, Bylaws and Community Manual. To make, establish and(a)
promulgate, and in its discretion to amend from time to time, or repeal and re-enact, such
rules, regulations, Bylaws and Community Manual not in conflict with this Declaration, as it
deems proper, covering any and all aspects of the Property (including the operation,
maintenance and preservation thereof) or the Association. Any Rules, and any
modifications to existing Rules, or the Bylaws proposed by the Board must be approved in
advance and in writing by the Declarant until expiration or termination of the Development
Period.
Insurance. To obtain and maintain in effect, policies of insurance that, in(b)
the opinion of the Board, are reasonably necessary or appropriate to carry out the
Association’s functions.
Records. To keep books and records of the Association’s affairs, and to(c)
make such books and records, together with current copies of the Restrictions available for
inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon
request during normal business hours.
Assessments. To levy and collect assessments, as provided in Article 6(d)
below.
Right of Entry and Enforcement. To enter at any time without notice in(e)
an emergency (or in the case of a non-emergency, after twenty-four (24) hours written
-24-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
notice), without being liable to any Owner or Resident, upon any Lot and into any
Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of
maintaining or repairing any area, Improvement or other facility to conform to the
Restrictions. The expense incurred by the Association in connection with the entry upon
any Lot and the maintenance and repair work conducted thereon or therein will be a
personal obligation of the Owner of the Lot so entered, will be deemed an Individual
Assessment against such Lot, will be secured by a lien upon such Lot, and will be enforced
in the same manner and to the same extent as provided in Article 6 hereof for Assessments.
The Association will have the power and authority from time to time, in its own name and
on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to enforce, by mandatory injunction or otherwise,
or to restrain and enjoin, any breach or threatened breach of the Restrictions. The
Association is also authorized to settle claims, enforce liens and take all such action as it
may deem necessary or expedient to enforce the Restrictions;provided,however, that the
Board will never be authorized to expend any Association funds for the purpose of bringing
suit against Declarant, or its successors or assigns. The Association may not alter or
demolish any Improvements on any Lot other than Common Area in enforcing these
Restrictions before a judicial order authorizing such action has been obtained by the
Association, or before the written consent of the Owner(s) of the affected Lot(s) has been
obtained.EACH SUCH OWNER AND RESIDENT WILL INDEMNIFY AND HOLD
HARMLESS THE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR
CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE
ASSOCIATION’S ACTS OR ACTIVITIES UNDER THIS SECTION 4.05(e) (INCLUDING
ANY COST, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF
THE ASSOCIATION’S NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR
SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION
ARISING BY REASON OF THE ASSOCIATION’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.“GROSS NEGLIGENCE” DOES NOT INCLUDE SIMPLE
NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT
OF ACTUAL GROSS NEGLIGENCE.
Legal and Accounting Services. To retain and pay for legal and(f)
accounting services necessary or proper in the operation of the Association.
Conveyances. To grant and convey to any person or entity the real(g)
property and/or other interest, including fee title, leasehold estates, easements,
rights-of-way or mortgages, out of, in, on, over, or under any Common Area for the purpose
of constructing, erecting, operating or maintaining the following:
Parks, parkways or other recreational facilities or structures;(i)
-25-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and(ii)
paths;
Lines, cables, wires, conduits, pipelines or other devices for utility(iii)
purposes;
Sewers, water systems, storm water drainage systems, sprinkler systems(iv)
and pipelines; and/or
Any similar Improvements or facilities.(v)
Nothing set forth above, however, will be construed to permit use or
occupancy of any Improvement or other facility in a way that would violate applicable use
and occupancy restrictions imposed by the Restrictions or by Applicable Law. In addition,
until expiration or termination of the Development Period, any grant or conveyance under
this Section 4.05(g) must be approved in advance and in writing by the Declarant.
Manager. To retain and pay for the services of a person or firm (the(h)
“Manager”), which may include Declarant or any affiliate of Declarant, to manage and
operate the Association, including its property, to the extent deemed advisable by the
Board. Personnel may be employed directly by the Association or may be furnished by the
Manager. Each contract entered into between the Association and the Manager will be
terminable by the Association without cause upon sixty (60) days written notice to the
Manager. To the extent permitted by Applicable Law, the Board may delegate any other
duties, powers and functions to the Manager. In addition, the Board may adopt transfer
fees, resale certificate fees or any other fees associated with the provision of management
services to the Association or its Members.THE MEMBERS HEREBY RELEASE THE
ASSOCIATION AND THE MEMBERS OF THE BOARD AND COMMITTEE MEMBERS
FROM LIABILITY FOR ANY OMISSION OR IMPROPER EXERCISE BY THE
MANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO DELEGATED.
Property Services. To pay for water, sewer, garbage removal, street(i)
lights, landscaping, gardening and all other utilities, services, repair and maintenance for
any portion of the Property, Common Area, private or public recreational facilities,
easements, roads, roadways, rights-of-ways, signs, parks, parkways, median strips,
sidewalks, paths, trails, ponds, and lakes.
Other Services and Properties. To obtain and pay for any other property(j)
and services, and to pay any other taxes or assessments that the Association or the Board is
required or permitted to secure or to pay for pursuant to Applicable Law or under the terms
of the Restrictions or as determined by the Board.
-26-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Construction on Common Area. To construct new Improvements or(k)
additions to any property owned, leased, or licensed by the Association, subject to the
approval of the Board and the Declarant until expiration or termination of the Development
Period.
Contracts. To enter into Bulk Rate Contracts or other contracts or(l)
licenses with Declarant or any third party on such terms and provisions as the Board will
determine, to operate and maintain any Common Area or other property, or to provide any
service, including but not limited to cable, utility, or telecommunication services, or perform
any function on behalf of Declarant, the Board, the Association, or the Members. During the
Development Period, all Bulk Rate Contracts must be approved in advance and in writing
by the Declarant.
Property Ownership. To acquire, own and dispose of all manner of real(m)
and personal property, including habitat, whether by grant, lease, easement, gift or
otherwise. During the Development Period, all acquisitions and dispositions of the
Association hereunder must be approved in advance and in writing by the Declarant.
Rules. To establish Rules governing and limiting the use of the Common(n)
Area and any Improvements thereon.
Acceptance of Common Area. The Association may acquire, hold, and dispose 4.06
of any interest in tangible and intangible personal property and real property. Declarant and
its assignees may transfer or convey to the Association interests in real or personal property
within or for the benefit of the Property, or the Property and the general public, and the
Association will accept such transfers and conveyances. Such property may be improved or
unimproved and may consist of fee simple title, easements, leases, licenses, or other real or
personal property interests. Such property will be accepted by the Association and thereafter
will be maintained as Common Area by the Association for the benefit of the Property and/or
the general public subject to any restrictions set forth in the deed or other instrument
transferring or assigning such property to the Association. Upon Declarant's written request,
the Association will re-convey to Declarant any unimproved real property that Declarant
originally conveyed to the Association, as determined in the sole and absolute discretion of the
Declarant.
Indemnification. To the fullest extent permitted by Applicable Law but without 4.07
duplication (and subject to) any rights or benefits arising under the Certificate or Bylaws of the
Association, the Association will indemnify any person who was, or is, a party, or is threatened
to be made a party to any threatened pending or completed action, suit or proceeding, whether
civil, criminal, administrative or investigative by reason of the fact that he is, or was, a director,
officer, committee member, employee, servant or agent of the Association against expenses,
including attorneys’ fees, reasonably incurred by him in connection with such action, suit or
-27-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
proceeding if it is found and determined by the Board or a court of competent jurisdiction that
he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not
opposed to, the best interests of the Association; or (ii) with respect to any criminal action or
proceeding, had no reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or
its equivalent, will not of itself create a presumption that the person did not act in good faith or
in a manner which was reasonably believed to be in, or not opposed to, the best interests of the
Association or, with respect to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful.
Insurance. The Board may purchase and cause to be maintained, at the expense 4.08
of the Association, insurance on behalf of any person who is acting as a director, officer,
committee member, employee, servant or agent of the Association against any liability asserted
against or incurred by such person in any such capacity, or arising out of such person’s status
as such, whether or not the Association would have the power to indemnify such person
against such liability or otherwise.
Bulk Rate Contracts. Without limitation on the generality of the Association 4.09
powers set out in Section 4.05 hereinabove (except that during the Development Period, all Bulk
Rate Contracts must be approved in advance and in writing by the Declarant), the Association
will have the power to enter into Bulk Rate Contracts at any time and from time to time. The
Association may enter into Bulk Rate Contracts with any service providers chosen by the Board
(including Declarant, and/or any entities in which Declarant, or the owners or partners of
Declarant are owners or participants, directly or indirectly). The Bulk Rate Contracts may be
entered into on such terms and provisions as the Board may determine in its sole and absolute
discretion. The Association may, at its option and election, add the charges payable by such
Owner under such Bulk Rate Contract to the Assessments against such Owner’s Lot. In this
regard, it is agreed and understood that, if any Owner fails to pay any charges due by such
Owner under the terms of any Bulk Rate Contract, then the Association will be entitled to
collect such charges by exercising the same rights and remedies it would be entitled to exercise
under this Declaration with respect to the failure by such Owner to pay Assessments, including
without limitation the right to foreclose the lien against such Owner’s Lot which is reserved
under the terms and provisions of this Declaration. In addition, in the event of nonpayment by
any Owner of any charges due under any Bulk Rate Contract and after the lapse of at least
twelve (12) days since such charges were due, the Association may, upon five (5) days’ prior
written notice to such Owner (which may run concurrently with such 12 day period), in
addition to all other rights and remedies available pursuant to Applicable Law, terminate, in
such manner as the Board deems appropriate, any utility service or other service provided at
the cost of the Association and not paid for by such Owner (or the Resident of such Owner’s
Lot) directly to the applicable service or utility provider. Such notice will consist of a separate
mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title
“termination notice” or similar language prominently displayed on the notice. The notice will
-28-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
include the office or street address where the Owner (or the Resident of such Owner’s Lot) can
make arrangements for payment of the bill and for re-connection or re-institution of service.
No utility or cable television service will be disconnected on a day, or immediately preceding a
day, when personnel are not available for the purpose of collection and reconnecting such
services.
Community Systems. The Association is specifically authorized to provide, or 4.10
to enter into contracts to provide Community Systems. Any such contracts may provide for
installation, operation, management, maintenance, and upgrades or modifications to the
Community Systems as the Board determines appropriate. Each Owner acknowledges that
interruptions in Community Systems and services will occur from time to time. Declarant and
the Association, or any of their respective successors or assigns shall not be liable for, and no
Community System or service user shall be entitled to refund, rebate, discount, or offset in
applicable fees for, any interruption in Community Systems and services, regardless of
whether or not such interruption is caused by reasons within the service provider’s control.
Declarant’s Right to Contribute to Revenues of the Association. Declarant 4.11
shall have the right, but not the obligation, in its sole discretion and from time to time, to
contribute to the revenues of the Association. At the option of Declarant, such contribution
may be reflected on the books and records of the Association as a loan, in which event it shall
be repaid by the Association to Declarant, at the discretion of Declarant. If treated as a loan,
the contribution shall accrue interest, compounded monthly, from the date it is made until the
date of its repayment, at the short term Applicable Federal Rate (“AFR”), as published by the
Internal Revenue Service, and adjusted each month to reflect the AFR for such month.
Protection of Declarant’s Interests. Despite any assumption of control of the 4.12
Board by Owners other than Declarant, until the expiration or termination of the Development
Period, the Board is prohibited from taking any action which would discriminate against
Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant
shall be entitled to determine, in its sole and absolute discretion, whether any such action
discriminates or is detrimental to Declarant. The Board will be required to continue the same
level and quality of maintenance, operations and services as that provided immediately prior
to assumption of control of the Board by Owners other than Declarant until the expiration or
termination of the Development Period.
Administration of Common Area. The administration of the Common Area by 4.13
the Association shall be in accordance with the provisions of Applicable Law and the
Restrictions, and of any other agreements, documents, amendments or supplements to the
foregoing which may be duly adopted or subsequently required by any institutional or
governmental lender, purchaser, insurer or guarantor of mortgage loans (including, for
example, the Federal Home Loan Mortgage Corporation) designated by Declarant or by any
governmental or quasi-governmental agency having regulatory jurisdiction over the Common
-29-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Area or by any title insurance company selected by Declarant to insure title to any portion of
the Common Area.
Private Streets. The Association shall be obligated to maintain the Private 4.14
Streets in a good and functioning condition and in compliance with Applicable Law. The
Private Streets shall provide perpetual access to all Lots for police and other emergency
vehicles, public and private utility maintenance and service personnel, solid waste collection
services, the U.S. Postal Service, and government employees in pursuit of their official duties.
Access to the Private Streets for the persons and entities referenced in the preceding sentence
shall be reasonably provided by the Association.
Notices and Disclaimers as to Security Systems. NEITHER THE 4.15
DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR
ASSIGNS GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE
MERCHANTABILITY OR FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR
SERVICES, OR THAT ANY SYSTEM OR SERVICES WILL PREVENT INTRUSIONS NOTIFY
AUTHORITIES OF FIRES OR OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH
OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE
DESIGNED TO MONITOR SAME; AND EVERY OWNER OR RESIDENT OF PROPERTY
RECEIVING SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS
ACKNOWLEDGES THAT NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE
ASSOCIATION, OR ANY OR THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE
OWNER OR RESIDENT’S PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON
THE LOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR
DEATHS RESULTING FROM SUCH OCCURRENCES. It is extremely difficult and impractical
to determine the actual damages, if any, which may proximately result from a failure on the
party of a security service provider to perform any of its obligations with respect to security
services and, therefore, every Owner or Resident of property receiving security services
through the Community Systems agrees that neither the Declarant, a Homebuilder, nor the
Association, or their successors or assigns assumes liability for loss or damage to property or
for personal injury or death to persons due to any reason, including, without limitation, failure
in transmission of an alarm, interruption of security service or failure to respond to an alarm
because of: (a) any failure of the Owner’s security system; (b) any defective or damaged
equipment, device, line or circuit; (c) negligence, active or otherwise, of the security service
provider or its officers, agents or employees; or (d) fire, flood, riot, war, act of God or other
similar causes which are beyond the control of the security service provider. Every Owner and
Resident obtaining security services through the Community Systems further agrees for
himself, his grantees, tenants, guests, invitees, licensees and family members that if any loss or
damage should result from a failure of performance or operation, or from defective
performance or operation, or from improper installation, monitoring or servicing of the system,
or from negligence, active or otherwise, of the security service provider or its officers, agents,
or employees, the liability, if any, of the Declarant, a Homebuilder, the Association, or their
-30-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
successors or assigns for loss, damage, injury or death shall be limited to a sum not exceeding
Two Hundred Fifty U.S. Dollars ($250.00), which limitation apply irrespective of the cause or
origin of the loss or damage and notwithstanding that the loss or damage results directly or
indirectly from negligent performance, active or otherwise, or non-performance by an officer,
agent or employee of Declarant, a Homebuilder, or the Association, or their successors or
assigns. Further, in no event will Declarant, a Homebuilder , the Association, or their
successors or assigns be liable for consequential damages, wrongful death, personal injury or
commercial loss.
ARTICLE 5
INSURANCE
Insurance. Each Owner will be required to purchase and maintain 5.01
commercially standard insurance on the Improvements located upon such Owner’s Lot. The
Association will not be required to maintain insurance on the Improvements constructed upon
any Lot. The Association may, however, obtain such insurance as it may deem necessary,
including but not limited to such policies of liability and property damage insurance as the
Board, in its discretion, may deem necessary. Insurance premiums for such policies will be a
common expense to be included in the assessments levied by the Association. The acquisition
of insurance by the Association will be without prejudice to the right and obligation of any
Owner to obtain additional individual insurance.
Restoration. In the event of any fire or other casualty, unless otherwise 5.02
approved by the ACC, the Owner will promptly repair, restore and replace any damaged or
destroyed structures to their same exterior condition existing prior to the damage or
destruction thereof. Such repair, restoration or replacement will be commenced and completed
in a good and workmanlike manner and diligently pursed to completion using exterior
materials identical to those originally used in the structures damaged or destroyed. To the
extent that the Owner fails to commence such repair, restoration or replacement of substantial
or total damage or destruction within one hundred and twenty (120) days after the occurrence
of such damage or destruction, and thereafter prosecute same to completion, or if the Owner
does not clean up any debris resulting from any damage within thirty (30) days after the
occurrence of such damage, the Association may commence, complete or effect such repair,
restoration, replacement or clean-up, and such Owner will be personally liable to the
Association for the cost of such work; provided, however, that if the Owner is prohibited or
delayed by Applicable Law from commencing such repair, restoration, replacement or
clean-up, the rights of the Association under this provision will not arise until the expiration of
thirty (30) days after such prohibition or delay is removed. If the Owner fails to pay such cost
upon demand by the Association, the cost thereof (plus interest from the date of demand until
paid at the maximum lawful rate, or if there is no such maximum lawful rate, than at the rate of
one and one-half percent (1½%) per month) will be added to the Assessment chargeable to the
-31-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Owner’s Lot. Any such amounts added to the Assessments chargeable against a Lot will be
secured by the liens reserved in the Declaration for Assessments and may be collected by any
means provided in this Declaration for the collection of Assessments, including, but not limited
to, foreclosure of such liens against the Owner’s Lot.EACH SUCH OWNER WILL
INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION AND ITS OFFICERS,
DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM ANY COST,
LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR
THAT MAY ARISE BY REASON OF THE ASSOCIATION’S ACTS OR ACTIVITIES
UNDER THIS SECTION 5.02, EXCEPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE,
LIABILITY, CLAIM OR COST OF ACTION ARISING BY REASON OF THE
ASSOCIATION’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.“GROSS
NEGLIGENCE” AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE,
CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL
GROSS NEGLIGENCE.
Mechanic’s and Materialmen’s Lien. Each Owner whose structure is repaired, 5.03
restored, replaced or cleaned up by the Association pursuant to the rights granted under this
Article 5, hereby grants to the Association an express mechanic’s and materialmen’s lien for the
reasonable cost of such repair, restoration, or replacement of the damaged or destroyed
Improvement to the extent that the cost of such repair, restoration or replacement exceeds any
insurance proceeds allocable to such repair, restoration or replacement and delivered to the
Association. Upon request by the Board, and before the commencement of any reconstruction,
repair, restoration or replacement, such Owner will execute all documents sufficient to
effectuate such mechanic’s and materialmen’s lien in favor of the Association.
ARTICLE 6
COVENANT FOR ASSESSMENTS
Assessments. 6.01
Established by Board. Assessments established by the Board pursuant to(a)
the provisions of this Article 6 will be levied against each Lot in amounts determined
pursuant to Section 6.08 below. The total amount of Assessments will be determined by the
Board pursuant to Section 6.03, 6.04, 6.05, 6.06 and/or 6.07.
Personal Obligation; Lien. Each Assessment, together with such interest(b)
thereon and costs of collection as hereinafter provided, will be the personal obligation of the
Owner of the Lot against which the Assessment is levied and will be secured by a lien
hereby granted and conveyed by Declarant to the Association against each such Lot and all
Improvements thereon. The Association may enforce payment of such Assessments in
accordance with the provisions of this Article.
-32-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Maintenance Fund. The Board will establish a maintenance fund into which 6.02
will be deposited all monies paid to the Association and from which disbursements will be
made in performing the functions of the Association under this Declaration. The funds of the
Association may be used for any purpose authorized by the Restrictions and the Applicable
Law.
Regular Assessments. Prior to the beginning of each fiscal year, the Board will 6.03
estimate the expenses to be incurred by the Association during such year in performing its
functions and exercising its powers under the Restrictions, including, but not limited to, the
cost of all management, repair and maintenance, the cost of providing street and other lighting,
the cost of administering and enforcing the Restrictions, and will estimate the amount needed
to maintain a reasonable provision for contingencies and an appropriate replacement reserve,
and will give due consideration to any expected income and any surplus from the prior year’s
fund. Regular Assessments sufficient to pay such estimated net expenses will then be levied at
the level set by the Board in its sole and absolute discretion, and the Board’s determination will
be final and binding so long as it is made in good faith. If the sums collected prove inadequate
for any reason, including nonpayment of any Individual Assessment by any Owner, the
Association may at any time, and from time to time, levy further Regular Assessments in the
same manner. All such Regular Assessments will be due and payable to the Association at the
beginning of the fiscal year or during the fiscal year in equal monthly installments on or before
the first day of each month, or in such other manner as the Board may designate in its sole and
absolute discretion.
Working Capital Assessment. Each Owner (other than Declarant) of a Lot will 6.04
pay a one-time working capital assessment to the Association in such amount as may be
determined by the Board from time to time in its sole and absolute discretion. Such working
capital assessment need not be uniform among all Lots, and the Board is expressly authorized
to levy working capital assessments of varying amounts depending on the size, use and
general character of the Lots then being made subject to the levy. The levy of any working
capital assessment will be effective only upon the Recordation of a written notice, signed by a
duly authorized officer of the Association, setting forth the amount of the working capital
assessment and the Lots to which it applies.
Notwithstanding the foregoing provision, the following transfers will not be subject to
the working capital assessment: (i) foreclosure of a deed of trust lien, tax lien, or the
Association’s assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary
transfer by an Owner to one or more co-owners, or to the Owner’s spouse, child, or parent.
Additionally, an Owner who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of
resale to a Homebuilder (a “Development Owner”) will not be subject to the working capital
assessment; however, the working capital assessment will be payable by any Owner who
acquires a Lot from a Homebuilder or Development Owner for residential living purposes or
by any Owner who: (i) acquires a Lot and is not in the business of constructing single-family
-33-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than
constructing a single-family residence thereon for resale to a third party. The working capital
assessment will be in addition to, not in lieu of, any other assessments levied in accordance
with this Article 6 and will not be considered an advance payment of such assessments. The
working capital assessment hereunder will be due and payable by the transferee to the
Association immediately upon each transfer of title to the Lot, including upon transfer of title
from one Owner of such Lot to any subsequent purchaser or transferee thereof. The Declarant
during the Development Period, and thereafter the Board, will have the power to waive the
payment of any working capital assessment attributable to a Lot (or all Lots) by the
Recordation of a waiver notice, which waiver may be temporary or permanent.
Amenity Reimbursement Fee. Each Owner who acquires a Lot from the 6.05
Declarant will pay a one-time amenity reimbursement fee to the Declarant in the amount of
$750.00 per Lot owned by such Owner. The amenity reimbursement fee will be in addition to,
not in lieu of, any other Assessments levied in accordance with this Article 6 and will not be
considered an advance payment of any such Assessments. The amenity reimbursement fee is
part of the consideration for the transfer of the Lot from Declarant to the Owner. The amenity
reimbursement fee will be due and payable to the Declarant immediately upon transfer of title
to the Lot. Declarant may the payment of any amenity reimbursement fee attributable to a Lot
by the recordation in the Official Public Records of Tarrant County, Texas, of a waiver notice
executed by the Declarant.
Special Assessments. In addition to the regular annual Assessments provided 6.06
for above, the Board may levy special Assessments whenever in the Board’s opinion such
special Assessments are necessary to enable the Board to carry out the functions of the
Association under the Restrictions. The amount of any special Assessments will be at the
reasonable discretion of the Board. In addition to the special Assessments authorized above,
the Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year
only for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common Area.
Individual Assessments. In addition to any other Assessments, the Board may 6.07
levy an Individual Assessment against an Owner and the Owner’s Lot. Individual
Assessments may include, but are not limited to: interest, late charges, and collection costs on
delinquent Assessments; reimbursement for costs incurred in bringing an Owner or the
Owner’s Lot into compliance with the Declaration; fines for violations of the Restrictions;
transfer-related fees and resale certificate fees; fees for estoppel letters and project documents;
insurance deductibles; reimbursement for damage or waste caused by willful or negligent acts
of the Owner, the Owner’s guests, invitees or Residents of the Owner’s Lot; common expenses
that benefit fewer than all of the Lots, which may be assessed according to benefit received;
fees or charges levied against the Association on a per-Lot basis; and “pass through” expenses
-34-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
for services to Lots provided through the Association and which are equitably paid by each Lot
according to the benefit received.
Amount of Assessment. 6.08
Assessments to be Levied. The Board shall levy Assessments against each(a)
“Assessment Unit” (as defined in Section 6.08(b) below). Unless otherwise provided in this
Declaration, Assessments levied pursuant to Section 6.03 and Section 6.06 shall be levied
uniformly against each Assessment Unit allocated to a Lot.
Assessment Unit. Each Lot shall constitute one “Assessment Unit” unless(b)
otherwise provided in Section 6.08(c) and (d).
Assessment Exemption. Notwithstanding anything in this Declaration to the(c)
contrary, no Assessments shall be levied upon Lots owned by Declarant.
Other Exemptions. Declarant may, in its sole discretion, elect to: (i) exempt any(d)
un-platted or unimproved portion of the Property or any Lot from any Assessments levied
or charged pursuant to this Article 6; or (ii) delay the levy of Assessments against any
un-platted, unimproved or improved portion of the Property. Declarant or the Board may
also exempt any portion of the Property which is dedicated and accepted by public
authority from Assessments.
Late Charges. If any Assessment is not paid by the due date applicable thereto, 6.09
the Owner responsible for the payment may be required by the Board, at the Board’s election at
any time and from time to time, to pay a late charge in such amount as the Board may
designate, and the late charge (and any reasonable handling costs) will be levied as an
Individual Assessment against the Lot owned by such Owner, collectible in the manner as
provided for collection of Assessments, including foreclosure of the lien against such Lot;
provided, however, such charge will never exceed the maximum charge permitted under
Applicable Law.
Owner’s Personal Obligation; Interest. Assessments levied as provided for 6.10
herein will be the personal and individual debt of the Owner of the Lot against which are
levied such Assessments. No Owner may exempt himself from liability for such Assessments.
In the event of default in the payment of any such Assessment, the Owner of the Lot will be
obligated to pay interest on the amount of the Assessment at the highest rate allowed by
applicable usury laws then in effect on the amount of the Assessment from the due date
therefor (or if there is no such highest rate, then at the rate of one and one half percent (1
1/2%)per month), together with all costs and expenses of collection, including reasonable
attorney’s fees. Such amounts will be levied as an Individual Assessment against the Lot
owned by such Owner.
-35-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Assessment Lien and Foreclosure. The payment of all sums assessed in the 6.11
manner provided in this Article is, together with late charges as provided in Section 6.09 and
interest as provided in Section 6.10 hereof and all costs of collection, including attorney's fees as
herein provided, secured by the continuing Assessment lien granted to the Association
pursuant to Section 6.01(b) above, and will bind each Lot in the hands of the Owner thereof, and
such Owner’s heirs, personal representatives, successors or assigns. The aforesaid lien will be
superior to all other liens and charges against such Lot, except only for: (i) tax liens; (ii) all sums
secured by a first mortgage lien or first deed of trust lien of record, to the extent such lien
secures sums borrowed for the acquisition or improvement of the Lot in question and (iii)
home equity loans or home equity lines of credit which are secured by a second mortgage lien
or second deed of trust lien of record; provided that, in the case of subparagraphs (ii) and (iii)
above, such Mortgage was Recorded before the delinquent Assessment was due. The
Association will have the power to subordinate the aforesaid Assessment lien to any other lien.
Such power will be entirely discretionary with the Board, and such subordination may be
signed by an officer, agent, or attorney of the Association. The Association may, at its option
and without prejudice to the priority or enforceability of the Assessment lien granted
hereunder, prepare a written notice of Assessment lien setting forth the amount of the unpaid
indebtedness, the name of the Owner of the Lot covered by such lien and a description of the
Lot. Such notice may be signed by one of the officers, agents, or attorneys of the Association
and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject
to this Declaration, will be deemed conclusively to have granted a power of sale to the
Association to secure and enforce the Assessment lien granted hereunder. The Assessment
liens and rights to foreclosure thereof will be in addition to and not in substitution of any other
rights and remedies the Association may have by law and under this Declaration, including the
rights of the Association to institute suit against such Owner personally obligated to pay the
Assessment and/or for foreclosure of the aforesaid lien. In any foreclosure proceeding, such
Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred. The
Association will have the power to bid (in cash or by credit against the amount secured by the
lien) on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage,
convey or otherwise deal with the same. Upon the written request of any Mortgagee, the
Association will report to said Mortgagee any unpaid Assessments remaining unpaid for
longer than sixty (60) days after the same are due. The lien hereunder will not be affected by
the sale or transfer of any Lot; except, however, that in the event of foreclosure of any lien
superior to the Assessment lien, the lien for any Assessments that were due and payable before
the foreclosure sale will be extinguished, provided that past-due Assessments will be paid out
of the proceeds of such foreclosure sale only to the extent that funds are available after the
satisfaction of the indebtedness secured by the Mortgage. The provisions of the preceding
sentence will not, however, relieve any subsequent Owner (including any Mortgagee or other
purchaser at a foreclosure sale) from paying Assessments becoming due and payable after the
foreclosure sale. Upon payment of all sums secured by a lien of the type described in this
Section 6.11, the Association will upon the request of the Owner execute a release of lien
-36-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
relating to any lien for which written notice has been Recorded as provided above, except in
circumstances in which the Association has already foreclosed such lien. Such release will be
signed by an officer, agent, or attorney of the Association. In addition to the lien hereby
retained, in the event of nonpayment by any Owner of any Assessment and after the lapse of at
least twelve (12) days since such payment was due, the Association may, upon five (5) days’
prior written notice (which may run concurrently with such twelve (12) day period) to such
Owner, in addition to all other rights and remedies available pursuant to Applicable Law,
terminate, in such manner as the Board deems appropriate, any utility or cable service
provided through the Association and not paid for directly by a Owner or Resident to the
utility provider. Such notice will consist of a separate mailing or hand delivery at least five (5)
days prior to a stated date of disconnection, with the title “termination notice” or similar
language prominently displayed on the notice. The notice will include the office or street
address where the Owner or the Resident of the Owner’s Lot can make arrangements for
payment of the bill and for reconnection of service. Utility or cable service will not be
disconnected on a day, or immediately preceding a day, when personnel are not available for
the purpose of collection and reconnecting such services. Except as otherwise provided by
Applicable Law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such
Owner’s transferee from liability for any Assessments thereafter becoming due or from the lien
associated therewith. If an Owner conveys its Lot and on the date of such conveyance
Assessments against the Lot remain unpaid, or said Owner owes other sums or fees under this
Declaration to the Association, the Owner will pay such amounts to the Association out of the
sales price of the Lot, and such sums will be paid in preference to any other charges against the
Lot other than liens superior to the Assessment lien and charges in favor of the State of Texas
or a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner
conveying such Lot will remain personally liable for all such sums until the same are fully paid,
regardless of whether the transferee of the Lot also assumes the obligation to pay such
amounts. The Board may adopt an administrative transfer fee to cover the expenses associated
with updating the Association’s records upon the transfer of a Lot to a third party; provided,
however, that no transfer fee will be due upon the transfer of a Lot from Declarant to a third
party.
Yes, the Association can foreclose on your Lot!
If you fail to pay assessments to the Association, you may lose title to your Lot if the
Association forecloses its assessment lien.
Exempt Property. The following area within the Property will be exempt from 6.12
the Assessments provided for in this Article:
All area dedicated and accepted by a public authority;(a)
The Common Area; and(b)
-37-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Any portion of the Property owned by Declarant.(c)
Fines and Damages Assessment. 6.13
Board Assessment. The Board may assess fines against an Owner for violations(a)
of the Restrictions which have been committed by an Owner, a Resident, or the Owner or
Residents guests, agents or invitees. Any fine and/or charge for damage levied in
accordance with this Section 6.13 will be considered an Individual Assessment pursuant to
this Declaration. Each day of violation may be considered a separate violation if the
violation continues after written notice to the Owner. The Board may assess damage
charges against an Owner for pecuniary loss to the Association from property damage or
destruction of Common Area or any facilities located by the Owner, Resident, or their
guests, agents, or invitees. The Manager will have authority to send notices to alleged
violators, informing them of their violations and asking them to comply with the Rules
and/or informing them of potential or probable fines or damage assessments. The Board
may from time to time adopt a schedule of fines.
Procedure. The procedure for assessment of fines and damage charges will be(b)
as follows:
the Association, acting through an officer, Board member or Manager,(i)
must give the Owner notice of the fine or damage charge not later than
thirty (30) days after the assessment of the fine or damage charge by the
Board;
the notice of the fine or damage charge must describe the violation or(ii)
damage;
the notice of the fine or damage charge must state the amount of the fine(iii)
or damage charge;
the notice of a fine or damage charge must state that the Owner will have(iv)
thirty (30) days from the date of the notice to request a hearing before the
Board to contest the fine or damage charge; and
the notice of a fine must allow the Owner a reasonable time, by a(v)
specified date, to cure the violation (if the violation is capable of being
remedied) and avoid the fine unless the Owner was given notice and a
reasonable opportunity to cure a similar violation within the preceding
six (6) months.
Due Date. Fine and/or damage charges are due immediately after the expiration(c)
of the thirty (30) day period for requesting a hearing. If a hearing is requested, such fines or
-38-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
damage charges will be due immediately after the Board’s decision at such hearing,
assuming that a fine or damage charge of some amount is confirmed by the Board at such
hearing.
Lien Created. The payment of each fine and/or damage charge levied by the(d)
Board against the Owner of a Lot is, together with interest as provided in Section 6.10 hereof
and all costs of collection, including attorney’s fees as herein provided, secured by the lien
granted to the Association pursuant to Section 6.01(b) of this Declaration. Unless otherwise
provided in this Section 6.13, the fine and/or damage charge will be considered an
Assessment for the purpose of this Article, and will be enforced in accordance with the
terms and provisions governing the enforcement of assessments pursuant to this Article 6.
ARTICLE 7
ARCHITECTURAL CONTROL COMMITTEE
Until Declarant and/or the Town Manager delegate their right to appoint and remove
all members of the ACC to the Board as provided in Section 7.02(a) below, the ACC will be
acting solely in Declarant's and the Town Manager’s, as applicable, interest and will owe no
duty to any other Owner or the Association.
Construction of Improvements. No Improvement may be erected, placed, 7.01
constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant
without the prior written approval of the ACC.
Architectural Control Committee. 7.02
Composition. The ACC will be composed at least three (3) persons (who(a)
need not be Members or Owners) appointed as provided below, who will review
Improvements proposed to be made by any Owner other than Declarant. Declarant will
have the right to appoint and remove (with or without cause) two (2) members of the ACC
and the Town Manager will have the right to appoint and remove (with or without cause)
one (1) member of the ACC. Declarant and the Town Manager may assign their right to
appoint members of the ACC to the Association by Recorded written instrument, and
thereafter, the Board will have the right to appoint and remove (with or without cause) the
members of the ACC. Any assignment by Declarant of the right to appoint and remove two
(2) members of the ACC may be withdrawn until expiration of twelve (12) months after the
expiration of the Development Period. If Declarant withdraws its assignment of the right to
appoint and remove two (2) members of the ACC, then on the date of such withdrawal,
Declarant will have the right to appoint and remove (with or without cause) two (2)
members of the ACC. Declarant’s right to appoint two (2) members of the ACC will
automatically be assigned to the Association upon the expiration of twelve (12) months after
the expiration of the Development Period. The Town Manager will have the right to
-39-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
appoint and remove one (1) member of the ACC until the Town Manager assigns such right
to the Board. Declarant and the Town Manager, jointly, may create and assign specific
duties and responsibilities to one or more sub-committees consisting of members and/or
nonmembers of the ACC. In the event responsibilities and duties are assigned to a
sub-committee, those responsibilities and duties will no longer be discharged by the ACC
unless the sub-committee exercising such duties and responsibilities is dissolved by
Declarant and the Town Manager. The right to create, dissolve, and appoint members of
such sub-committees will reside exclusively with Declarant and the Town Manager until
such time as Declarant or the Town Manager, as applicable, assign their rights to appoint
members of the ACC to the Association. The ACC will have the right to employ consultants
and advisors as it deems necessary or appropriate.
Submission and Approval of Plans and Specifications. Construction(b)
plans and specifications or, when an Owner desires solely to re-subdivide or consolidate
Lots, a proposal for such re-subdivision or consolidation, will be submitted in accordance
with the Design Guidelines or any additional rules adopted by the ACC together with any
review fee which is imposed by the ACC in accordance with Section 7.02(c) to the ACC,at
such address as may hereafter be designated in writing from time to time. No
re-subdivision or consolidation will be made, nor any Improvement placed or allowed on
any Lot, until the plans and specifications thereof have been approved in writing by a
Majority of the members of the ACC. The ACC may, in reviewing such plans and
specifications consider any information that it deems proper; including, without limitation,
any permits, environmental impact statements or percolation tests that may be required by
the ACC or any other entity; and harmony of external design and location in relation to
surrounding structures, topography, vegetation, and finished grade elevation. The ACC
may postpone its review of any plans and specifications submitted for approval pending
receipt of any information or material which the ACC, in its sole discretion, may require.
Site plans must be approved by the ACC prior to the clearing of any Lot, or the construction
of any Improvements. The ACC may refuse to approve plans and specifications for
proposed Improvements, or for the re-subdivision or consolidation of any Lot on any
grounds that, in the sole and absolute discretion of the ACC, are deemed sufficient,
including, but not limited to, purely aesthetic grounds.
Notwithstanding any provision to the contrary in the Declaration, the ACC may issue
an approval to Homebuilders for the construction of Improvements based on the review
and approval of plan types and adopt a procedure which differs from the procedures for
review and approval of Improvements set forth in this Declaration.
Design Guidelines. Declarant may adopt the initial Design Guidelines.(c)
The Majority of the ACC, including the member of the ACC appointed by the Town
Manager (unless the Town Manager has assigned its right to appoint a member of the ACC
to the Association when, in such event, a Majority of the ACC) will have the power from
-40-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
time, to adopt (unless previously adopted by Declarant), amend, modify, or supplement the
Design Guidelines. In the event of any conflict between the terms and provisions of the
Design Guidelines and the terms and provisions of this Declaration, the terms and
provisions of this Declaration will control. In addition, the ACC will have the power and
authority to impose a fee for the review of plans, specifications and other documents and
information submitted to it pursuant to the terms of this Declaration. Such charges will be
held by the ACC and used to defray the administrative expenses incurred by the ACC in
performing its duties hereunder; provided, however, that any excess funds held by the ACC
will be distributed to the Association at the end of each calendar year. The ACC will not be
required to review any plans until a complete submittal package, as required by this
Declaration and the Design Guidelines, is assembled and submitted to the ACC. The ACC
will have the authority to adopt such additional procedural and substantive rules and
guidelines (including, without limitation, the imposition of any requirements for certificates
of compliance or completion relating to any Improvement and the right to approve in
advance any contractor selected for the construction of Improvements), not in conflict with
this Declaration, as it may deem necessary or appropriate in connection with the
performance of its duties hereunder.
Actions of the ACC. The ACC may, by resolution unanimously adopted(d)
in writing, designate one or more of its members, or an agent acting on its behalf, to take
any action or perform any duties for and on behalf of the ACC, except the granting of
variances. In the absence of such designation, the vote of a Majority of all of the members of
the ACC taken at a duly constituted meeting will constitute an act of the ACC.
Failure to Act. In the event that any plans and specifications are(e)
submitted to the ACC as provided herein, and the ACC fails either to approve or reject such
plans and specifications for a period of sixty (60) days following such submission, rejection
of such plans and specifications by the ACC will be presumed. In furtherance, and not in
limitation, of the foregoing, any failure of the ACC to act upon a request for a variance will
not be deemed a consent to such variance, and the ACC’s written approval of all requests
for variances will be expressly required.
Variances. The ACC may grant variances from compliance with any of(f)
the provisions of the Design Guidelines or this Declaration, when, in the opinion of the
ACC, in its sole and absolute discretion, such variance is justified. All variances must be
evidenced in writing and must be signed by at least a Majority of the members of the ACC,
including the member of the ACC appointed by the Town Manager (unless the Town
Manager has assigned its right to appoint a member of the ACC to the Association when, in
such event, a Majority of the ACC may approve variances). Each variance must also be
Recorded; provided however, that failure to record a variance will not affect the validity
thereof or give rise to any claim or cause of action against the ACC, including the Declarant
or its designee, the Town Manager or its designee, the Association, or the Board. If a
-41-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
variance is granted, no violation of the covenants, conditions, or restrictions contained in
this Declaration or the Design Guidelines will be deemed to have occurred with respect to
the matter for which the variance was granted. The granting of such variance will not
operate to waive or amend any of the terms and provisions of this Declaration or the Design
Guidelines for any purpose except as to the particular property and in the particular
instance covered by the variance, and such variance will not be considered to establish a
precedent for any future waiver, modification, or amendment of the terms and provisions of
this Declaration or the Design Guidelines.
Duration of Approval. Unless otherwise directed by the ACC, the(g)
approval of the ACC of any plans and specifications, and any variances granted by the
ACC, will be valid for a period of one hundred and eighty (180) days only. If construction
in accordance with such plans and specifications or variance is not commenced within such
one hundred and eighty (180) day period and diligently prosecuted to completion, the
Owner will be required to resubmit such plans and specifications or request for a variance
to the ACC, and the ACC will have the authority to re-evaluate such plans and
specifications in accordance with this Section 7.02(g) and may, in addition, consider any
change in circumstances which may have occurred since the time of the original approval.
No Waiver of Future Approvals. The approval of the ACC to any plans(h)
or specifications for any work done or proposed in connection with any matter requiring
the approval or consent of the ACC will not be deemed to constitute a waiver of any right to
withhold approval or consent as to any plans and specifications on any other matter,
subsequently or additionally submitted for approval by the same or a different person, nor
will such approval or consent be deemed to establish a precedent for future approvals by
the ACC.
Non-Liability of Committee Members. NEITHER DECLARANT, THE(i)
TOWN MANAGER, THE ACC, NOR ANY PARTNER, EMPLOYEE, DIRECTOR,
OFFICER, COMMITTEE MEMBER, OR AGENT WILL BE LIABLE TO ANY OWNER OR
TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF
THE PERFORMANCE OF THE ACC’S DUTIES UNDER THIS DECLARATION.
ARTICLE 8
MORTGAGE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots within the Property. The provisions of this Article apply to the Declaration
and the Bylaws of the Association.
Notice of Action. An institutional holder, insurer, or guarantor of a first 8.01
Mortgage which provides a written request to the Association (such request to state the name
-42-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
and address of such holder, insurer, or guarantor and the street address of the Lot to which its
Mortgage relates (thereby becoming an “Eligible Mortgage Holder”), will be entitled to timely
written notice of:
Any condemnation loss or any casualty loss which affects a material(a)
portion of the Property or which affects any Lot on which there is an Eligible Mortgage
held, insured, or guaranteed by such Eligible Mortgage Holder; or
Any delinquency in the payment of assessments or charges owed for a(b)
Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has
continued for a period of sixty (60) days, or any other violation of the Restrictions relating to
such Lot or the Owner or Resident which is not cured within sixty (60) days; or
Any lapse, cancellation, or material modification of any insurance policy(c)
maintained by the Association.
Examination of Books. The Association will permit Mortgagees to examine the 8.02
books and records of the Association during normal business hours.
Taxes, Assessments and Charges. All taxes, assessments and charges that may 8.03
become liens prior to first lien mortgages under Applicable Law will relate only to the
individual Lots and not to any other portion of the Property.
ARTICLE 9
GENERAL PROVISIONS
Term. The terms, covenants, conditions, restrictions, easements, charges, and 9.01
liens set out in this Declaration will run with and bind the Property, and will inure to the
benefit of and be enforceable by the Association, and every Owner, including Declarant, and
their respective legal representatives, heirs, successors, and assigns, for a term beginning on
the date this Declaration is Recorded, and continuing through and including January 1, 2067,
after which time this Declaration will be automatically extended for successive periods of ten
(10) years unless a change (the word “change” meaning a termination, or change of term or
renewal term) is approved in a resolution adopted by Members entitled to cast at least
sixty-seven percent (67%) of the total number of votes of the Association, voting in person or
by proxy at a meeting duly called for such purpose, written notice of which will be given to all
Members at least thirty (30) days in advance and will set forth the purpose of such meeting;
provided, however, that such change will be effective only upon the Recording of a certified
copy of such resolution. Notwithstanding any provision in this Section 9.01 to the contrary, if
any provision of this Declaration would be unlawful, void, or voidable by reason of any
Applicable Law restricting the period of time that covenants on land may be enforced, such
provision will expire (twenty one) 21 years after the death of the last survivor of the now living
descendants of Elizabeth II, Queen of England.
-43-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Eminent Domain. In the event it becomes necessary for any public authority to 9.02
acquire all or any part of the Common Area for any public purpose during the period this
Declaration is in effect, the Board is hereby authorized to negotiate with such public authority
for such acquisition and to execute instruments necessary for that purpose. Should acquisitions
by eminent domain become necessary, only the Board need be made a party, and in any event
the proceeds received will be held by the Association for the benefit of the Owners. In the
event any proceeds attributable to acquisition of Common Area are paid to Owners, such
payments will be allocated on the basis of Assessment Units and paid jointly to the Owners
and the holders of Mortgages or deeds of trust on the respective Lot.
Amendment. This Declaration may be amended or terminated by the 9.03
Recording of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii)
by the president and secretary of the Association setting forth the amendment and certifying
that such amendment has been approved by Declarant (until expiration or termination of the
Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the
number of votes entitled to be cast by members of the Association. Notwithstanding the
foregoing, any amendment which would remove the Town Manager’s right to appoint and
remove members of the ACC or otherwise affect the Town’s rights under this Declaration must
be approved by the written consent of the Town. No amendment will be effective without the
written consent of Declarant, its successors or assigns, during the Development Period.
Specifically, and not by way of limitation, Declarant may unilaterally amend this Declaration:
(i) to bring any provision into compliance with Applicable Law; (ii) to enable any reputable
title insurance company to issue title insurance coverage on any Lot; (iii) to enable any
institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans,
including, for example, the Federal Home Loan Mortgage Corporation, to make, purchase,
insure or guarantee mortgage loans on Lots; or (iv) to comply with any requirements
promulgated by a local, state or governmental agency, including, for example, the Department
of Housing and Urban Development.
Conceptual Plans. All master plans, site plans, brochures, illustrations, 9.04
information and marketing materials relating to the Property (collectively, the “Conceptual
Plans”) are conceptual in nature and are intended to be used for illustrative purposes only.
The land uses and Improvements reflected on the Conceptual Plans are subject to change at
any time and from time to time, and it is expressly agreed and understood that land uses
within the Property may include uses which are not shown on the Conceptual Plans. Neither
Declarant nor any Homebuilder or other developer of any portion of the Property makes any
representation or warranty concerning such land uses and Improvements shown on the
Conceptual Plans or otherwise planned for the Property and it is expressly agreed and
understood that no Owner will be entitled to rely upon the Conceptual Plans in making the
decision to purchase any land or Improvements within the Property. Each Owner who
acquires a Lot within the Property acknowledges that development of the Property will likely
extend over many years, and agrees that the Association will not engage in, or use Association
-44-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
funds to support, protest, challenge, or make any other form of objection to development of the
Property or changes in the Conceptual Plans as they may be amended or modified from time to
time.
Party Wall Fences. A fence or wall located on or near the dividing line between 9.05
two (2) Lots and intended to benefit both Lots constitutes a “Party Wall” and, to the extent not
inconsistent with the provisions of this Section 9.05, is subject to the general rules of law
regarding party walls and liability for property damage due to negligence, willful acts, or
omissions.
Encroachments & Easement. If the Party Wall is on one Lot due to an error in(a)
construction, the Party Wall is nevertheless deemed to be on the dividing line for purposes
of this Section 9.05. Each Lot sharing a Party Wall is subject to an easement for the existence
and continuance of any encroachment by the Party Wall as a result of construction, repair,
shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment
may remain undisturbed as long as the Party Wall stands. Each Lot is subject to a reciprocal
easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.
Right to Repair. If the Party Wall is damaged or destroyed from any cause, the(b)
Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the
Owners of both Lots, their successors and assigns, have the right to the full use of the
repaired or rebuilt Party Wall.
Maintenance Costs. The Owners of the adjoining Lots share equally the costs of(c)
repair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to
call for larger contribution from the other under any rule of law regarding liability for
negligence or willful acts or omissions. If an Owner is responsible for damage to or
destruction of the Party Wall, that Owner will bear the entire cost of repair,
reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of
repair or replacement of the Party Wall, the Owner advancing monies has a right to file
a claim of lien for the monies advanced in the Official Public Records of Tarrant
County, Texas, and has the right to foreclose the lien as if it were a mechanic’s lien. The
right of an Owner to require contribution from another Owner under this Section 9.05 is
appurtenant to the Lot and passes to the Owner’s successors in title.
Alterations. The Owner of a Lot sharing a Party Wall may not cut openings in(d)
the Party Wall or alter or change the Party Wall in any manner that affects the use,
condition, or appearance of the Party Wall to the adjoining Lot. The Party Wall will always
remain in the same location as when erected unless otherwise approved by the Owner of
each Lot sharing the Party Wall and the ACC.
Enforcement. The Association and the Declarant will have the right to enforce, 9.06
by a proceeding at law or in equity, the Restrictions. Failure to enforce any right, provision,
-45-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
covenant, or condition set forth in the Restrictions will not constitute a waiver of the right to
enforce such right, provision, covenants or condition in the future.
Higher Authority. The terms and provisions of this Declaration are subordinate 9.07
to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to
the extent they do not violate or conflict with Applicable Law.
Severability. If any provision of this Declaration is held to be invalid by any 9.08
court of competent jurisdiction, such invalidity will not affect the validity of any other
provision of this Declaration, or, to the extent permitted by Applicable Law, the validity of
such provision as applied to any other person or entity.
Conflicts. If there is any conflict between the provisions of this Declaration, the 9.09
Certificate, the Bylaws, or any Rules adopted pursuant to the terms of such documents, the
provisions of this Declaration, the Certificate, the Bylaws, and the Rules, in such order, will
govern.
Gender. Whenever the context so requires, all words herein in the male gender 9.10
will be deemed to include the female or neuter gender, all singular words will include the
plural, and all plural words will include the singular.
Acceptance by Grantees. Each grantee of Declarant of a Lot or other real 9.11
property interest in the Property, by the acceptance of a deed of conveyance, or each
subsequent purchaser, accepts the same subject to all terms, restrictions, conditions, covenants,
reservations, easements, liens and charges, and the jurisdiction rights and powers created or
reserved by this Declaration or to whom this Declaration is subject, and all rights, benefits and
privileges of every character hereby granted, created, reserved or declared. Furthermore, each
grantee agrees that no assignee or successor to Declarant hereunder will have any liability for
any act or omission of Declarant which occurred prior to the effective date of any such
succession or assignment. All impositions and obligations hereby imposed will constitute
covenants running with the land within the Property, and will bind any person having at any
time any interest or estate in the Property, and will inure to the benefit of each Owner in like
manner as though the provisions of this Declaration were recited and stipulated at length in
each and every deed of conveyance.
-46-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Damage and Destruction. 9.12
Claims. Promptly after damage or destruction by fire or other casualty to(a)
all or any part of the Common Area covered by insurance, the Board, or its duly authorized
agent, will proceed with the filing and adjustment of all claims arising under such insurance
and obtain reliable and detailed estimates of the cost of repair of the damage. Repair, as
used in this Section 9.11(a), means repairing or restoring the Common Area to substantially
the same condition as existed prior to the fire or other casualty.
Repair Obligations. Any damage to or destruction of the Common Area(b)
will be repaired unless a Majority of the Board decides within sixty (60) days after the
casualty not to repair. If for any reason either the amount of the insurance proceeds to be
paid as a result of such damage or destruction, or reliable and detailed estimates of the cost
of repair, or both, are not made available to the Association within said period, then the
period will be extended until such information will be made available.
Restoration. In the event that it should be determined by the Board that(c)
the damage or destruction of the Common Area will not be repaired and no alternative
Improvements are authorized, then the affected portion of the Common Area will be
restored to its natural state and maintained as an undeveloped portion of the Common Area
by the Association in a neat and attractive condition.
Special Assessment. If insurance proceeds are paid to restore or repair(d)
any damaged or destroyed Common Area, and such proceeds are not sufficient to defray
the cost of such repair or restoration, the Board will levy a Special Assessment, as provided
in Article 6, against all Owners. Additional Assessments may be made in like manner at any
time during or following the completion of any repair.
Proceeds Payable to Owners. In the event that any proceeds of insurance(e)
policies are paid to Owners as a result of any damage or destruction to any Common Area,
such payments will be allocated based on Assessment Units and paid jointly to the Owners
and the holders of Mortgages or deeds of trust on their Lots.
No Partition. Except as may be permitted in this Declaration or amendments 9.13
thereto, no physical partition of the Common Area or any part will be permitted, nor will any
person acquiring any interest in the Property or any part seek any such judicial partition unless
the Property in question has been removed from the provisions of this Declaration pursuant to
Section 11.04 below. This Section 9.13 will not be construed to prohibit the Board from acquiring
and disposing of tangible personal property or from acquiring title to real property that may or
may not be subject to this Declaration.
Notices. Any notice permitted or required to be given to any person by this 9.14
Declaration will be in writing and may be delivered either personally or by mail, or as
-47-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have
been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the
same has been deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Association for the purpose of service of notices. Such
address may be changed from time to time by notice in writing given by such person to the
Association.
View Impairment. Neither Declarant nor the Association guarantee or 9.15
represent that any view over and across the Lots, or any open space or Common Area within
the Property will be preserved without impairment. Neither the Declarant, the ACC, and the
Association shall have no obligation to relocate, prune, or thin trees or other landscaping. The
Association (with respect to any Common Area) will have the right to add trees and other
landscaping from time to time, subject to Applicable Law. There shall be no express or implied
easements for view purposes or for the passage of light and air.
Safety and Security. Each Owner and Resident of a Lot, and their respective 9.16
guests and invitees, shall be responsible for their own personal safety and the security of their
property within the Property. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to promote or enhance the level of
safety or security which each person provides for himself or herself and his or her property.
However, neither the Association nor Declarant shall in any way be considered insurers or
guarantors of safety or security within the Property, nor shall either be held liable for any loss
or damage by reason of failure to provide adequate security or ineffectiveness of security
measures undertaken.
ARTICLE 10
EASEMENTS
Right of Ingress and Egress. Declarant, its agents, employees and designees 10.01
will have a right of ingress and egress over and the right of access to the Common Area to the
extent necessary to use the Common Area and the right to such other temporary uses of the
Common Area as may be required or reasonably desirable (as determined by Declarant in its
sole discretion) in connection with the construction and development of the Property. The
Property shall be subject to a perpetual non-exclusive easement for the installation and
maintenance, including the right to read meters, service or repair lines and equipment, and to
do everything and anything necessary to properly maintain and furnish the Community
Systems and the facilities pertinent and necessary to the same, which easement shall run in
favor of Declarant. Declarant shall have the right, but not the obligation, to install and provide
the Community Systems and to provide the services available through the Community Systems
to any and all Lots within the Property. Neither the Association nor any Owner shall have any
interest therein. Any or all of such services may be provided either directly through the
Association and paid for as part of the Assessments or directly to Declarant, any affiliate of
-48-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Declarant, or a third party, by the Owner who receives the services. The Community Systems
shall be the property of Declarant unless transferred by Declarant, whereupon any proceeds of
such transfer shall belong to Declarant. Declarant shall have the right but not the obligation to
convey, transfer, sell or assign all or any portion of the Community Systems or all or any
portion of the rights, duties or obligations with respect thereto, to the Association or to any
Person. The rights of Declarant with respect to the Community Systems installed by Declarant
and the services provided through such Community Systems are exclusive, and no other
Person may provide such services through the Community Systems installed by Declarant
without the prior written consent of Declarant. In recognition of the fact that interruptions in
Community Systems services will occur from time to time, no person or entity described above
shall in any manner be liable, and no user of any Community System shall be entitled to any
refund, rebate, discount or offset in applicable fees, for any interruption in Community
Systems services, regardless of whether or not same is caused by reasons within the control of
the then-provider of such services.
Reserved Easements. All dedications, limitations, restrictions and reservations 10.02
shown on any Plat and all grants and dedications of easements, rights-of-way, restrictions and
related rights made by Declarant prior to the Property becoming subject to this Declaration are
incorporated herein by reference and made a part of this Declaration for all purposes as if fully
set forth herein, and will be construed as being adopted in each and every contract, deed or
conveyance executed or to be executed by or on behalf of Declarant. Declarant reserves the
right to relocate, make changes in, and additions to said easements, rights-of-way, dedications,
limitations, reservations and grants for the purpose of most efficiently and economically
developing the Property.
Utility Easements. Declarant hereby reserves unto itself and Declarant’s 10.03
successors and assigns a perpetual non-exclusive easement over and across the Property for: (i)
the installation, operation and maintenance of utilities and associated infrastructure to serve
the Property and any other property owned by Declarant; (ii) the installation, operation and
maintenance of cable lines and associated infrastructure for sending and receiving data and/or
other electronic signals, security and similar services to serve the Property and any other
property owned by Declarant; and (iii) the installation, operation and maintenance of,
roadways, gates, walkways, pathways and trails, drainage systems, street lights and signage to
serve the Property and any other property owned by Declarant. Declarant will be entitled to
unilaterally assign the easements reserved hereunder to any third party who owns, operates or
maintains the facilities and Improvements described in (i) through (iii) of this Section 10.03.
The exercise of the easement reserved herein will not extend to permitting entry into any
residence, nor will it unreasonably interfere with the use of any Lot or residence or
Improvement constructed thereon.
Roadway and Utility Easements. Declarant reserves the right to create, locate, 10.04
relocate, construct, erect, and maintain or cause to be created, located, relocated, constructed,
-49-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
erected, and maintained in and on any portion of the Property then owned by Declarant or any
streets maintained by the Association, or areas conveyed to the Association, or areas reserved
or held as Common Area, roadways, sewer lines, water lines, electrical lines and conduits, and
other pipelines, conduits, wires, and any public utility function beneath or above the surface of
the ground with the right of access to the same at any time for the purposes of repair and
maintenance.
Subdivision Entry and Fencing Easement. Declarant reserves for itself and the 10.05
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of certain subdivision entry facilities and fencing which serves the Property.
Declarant will have the right, from time to time, to Record a written notice which identifies the
subdivision entry facilities fencing to which the easement reserved hereunder applies.
Declarant may designate all or any portion of the subdivision entry facilities and/or fencing as
Common Area by Recorded written notice. The exercise of the easements reserved hereunder
will not extend to permitting entry into any residence, nor will it unreasonably interfere with
the use of any Lot or residence or Improvement constructed thereon.
Landscape, Monumentation and Signage Easement. Declarant hereby 10.06
reserves an easement over and across the Property for the installation, maintenance, repair or
replacement of landscaping, monumentation and signage which serve the Property and any
other property owned by Declarant. Declarant will have the right, from time to time, to Record
a written notice which identifies the landscaping, monumentation, or signage to which the
easement reserved hereunder applies. Declarant may designate all or any portion of the
landscaping, monumentation, or signage easement as Common Area.
Declarant as Attorney in Fact. To secure and facilitate Declarant’s exercise of 10.07
the rights reserved by Declarant pursuant to the terms and provisions of this Declaration, each
Owner, by accepting a deed to a Lot and each Mortgagee, by accepting the benefits of a
Mortgage against a Lot, and any other third party by acceptance of the benefits of a mortgage,
deed of trust, mechanic’s lien contract, mechanic’s lien claim, vendor’s lien and/or any other
security interest against any Lot, will thereby be deemed to have appointed Declarant such
Owner’s, Mortgagee’s, and third party’s irrevocable attorney-in-fact, with full power of
substitution, to do and perform, each and every act permitted or required to be performed by
Declarant pursuant to the terms of this Declaration. The power thereby vested in Declarant as
attorney-in-fact for each Owner, Mortgagee and/or third party, will be deemed, conclusively, to
be coupled with an interest and will survive the dissolution, termination, insolvency,
bankruptcy, incompetency and death of an Owner, Mortgagee and/or third party and will be
binding upon the legal representatives, administrators, executors, successors, heirs and assigns
of each such party. The aforesaid power shall be vested in Declarant, its successors and
assigns, for a period of twenty-five (25) years from the date the first Lot is conveyed to an
individual purchaser, or until the expiration or termination of the Development Period,
whichever occurs first.Declarant hereby reserves for itself, its successors and assigns the right
-50-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
to execute on behalf of each Owner, Mortgagee, and third party claiming a legal or equitable
interest in the Common Area, any such agreements, documents, amendments or supplements
to the Restrictions which may be required by any institutional or governmental lender,
purchaser, insurer or guarantor of mortgage loans (including, for example, the Federal Home
Loan Mortgage Corporation) designated by Declarant or by any governmental or
quasi-governmental agency having regulatory jurisdiction over the Common Area or by any
title insurance company selected by Declarant to insure title to any portion of the Common
Area.
ARTICLE 11
DEVELOPMENT RIGHTS
Development by Declarant. It is contemplated that the Property will be 11.01
developed pursuant to a plan, which may, from time to time, be amended or modified.
Declarant reserves the right, but will not be obligated, to create and/or designate Lots and
Common Areas and to subdivide with respect to any of the Property pursuant to the terms of
this Section 11.01, subject to any limitations imposed on portions of the Property by any
applicable Plat. These rights may be exercised with respect to any portions of the Property. As
each area is developed or dedicated, Declarant may designate the use, classification and such
additional covenants, conditions and restrictions as Declarant may deem appropriate for that
area.
Special Declarant Rights. Notwithstanding any provision of this Declaration to 11.02
the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain
advertising signs (illuminated or non-illuminated), sales flags, other sales devices and banners
for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon
Lots as sales, model, management, business and construction offices; and (iii) to maintain and
locate construction trailers and construction tools and equipment within the Property. The
construction, placement or maintenance of Improvements by Declarant will not be considered
a nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the
activities enumerated in this Section 11.02 until two (2) years after expiration or termination of
the Development Period.
Addition of Land. Declarant may, at any time and from time to time, add 11.03
additional lands to the Property. Upon the filing of a notice of addition of land, such land will
be considered part of the Property for purposes of this Declaration, and such added lands will
be considered part of the Property subject to this Declaration and the terms, covenants,
conditions, restrictions and obligations set forth in this Declaration, and the rights, privileges,
duties and liabilities of the persons subject to this Declaration will be the same with respect to
such added land as with respect to the lands originally covered by this Declaration. To add
lands to the Property, Declarant will be required only to Record a notice of addition of land
containing the following provisions:
-51-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
A reference to this Declaration, which reference will state the document(a)
number or volume and initial page number of the Official Public Records of Tarrant County
wherein this Declaration is Recorded;
A statement that such land will be considered Property for purposes of(b)
this Declaration, and that all of the terms, covenants, conditions, restrictions and obligations
of this Declaration will apply to the added land; and
A legal description of the added land.(c)
Withdrawal of Land. Declarant may, at any time and from time to time, reduce 11.04
or withdraw from the Property, and remove and exclude from the burden of this Declaration
and the jurisdiction of the Association any portion of the Property. Upon any such withdrawal
and renewal this Declaration and the covenants conditions, restrictions and obligations set
forth herein will no longer apply to the portion of the Property withdrawn. To withdraw lands
from the Property hereunder, Declarant will be required only to Record a notice of withdrawal
of land containing the following provisions:
A reference to this Declaration, which reference will state the document(a)
number or volume and initial page number of the Official Public Records of Tarrant County
wherein this Declaration is recorded;
A statement that the provisions of this Declaration will no longer apply(b)
to the withdrawn land; and
A legal description of the withdrawn land.(c)
Assignment of Declarant’s Rights. Notwithstanding any provision in this 11.05
Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part,
any of its privileges, exemptions, rights and duties under this Declaration to any person or
entity and may permit the participation, in whole, in part, exclusively, or non-exclusively, by
any other person or entity in any of its privileges, exemptions, rights and duties hereunder.
[SIGNATURE PAGE FOLLOWS]
-52-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
EXECUTED to be effective on the date this instrument is Recorded.
DECLARANT:
MAGUIRE PARTNERS – SOLANA LAND, L.P.,
a Texas limited partnership
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF ____________§
This instrument was acknowledged before me on this _______ day of
__________________, 2013, by ___________________________, ___________________________ of
MAGUIRE PARTNERS – SOLANA LAND, L.P.,a Texas limited partnership, on behalf of said
limited partnership.
(seal)Notary Public, State of Texas
-53-
AUSTIN_1 \699746 v2 46145-8 GRANADA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AUSTIN_1/699746v.3
46145-8 10/22/2013
Document comparison by W orkshare Compare on Tuesday, October 22, 2013
6:45:45 PM
Input:
Document 1 ID PowerDocs://AUSTIN_1/699746/2
Description AUSTIN_1-#699746-v2-[Centurion]_Declaration_of_Cove
nants_Conditions_and_Restrictions_[Granada][5/13]
Document 2 ID PowerDocs://AUSTIN_1/699746/3
Description AUSTIN_1-#699746-v3-[Centurion]_Declaration_of_Cove
nants_Conditions_and_Restrictions_[Granada][5/13]
Rendering set Standard
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 18
Deletions 7
Moved from 0
Moved to 0
Style change 0
Format changed 0
Total changes 25
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13- 33
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING DEED RESTRICTIONS INCLUDING DESIGN
GUIDELINES, AS WELL AS DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICIONS FOR GRANADA, A RESIDENTIAL DEVELOPMENT
LOCATED IN PD1-3 ZONING DISTRICT, ON AN 84 ACRE TRACT LOCATED
AT THE NORTHEAST CORNER OF FM 1938 DAVIS BOULEVARD AND
DOVE ROAD.
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments and Deloitte
University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, and
Granada which are consistent with the Town’s Comprehensive Plan, and
WHEREAS, the Town of Westlake (Town) and Maguire Partners, L.P. (the
Developer) desire to foster a cooperative partnership to continue this planned growth
through a standards that ensure high quality development within the Town in the
development known as Granada (the zoning for which was approved in Ordinance No.
693 approved on February 25, 2013), and
WHEREAS, Section 14.1 of said Ordinance No. 693 requires establishment of an
Architectural Control Committee for Granada of which the Town will have at least one
(1) member appointed by the Town Manager, and
WHEREAS, the Town Council approved the preliminary plat for Granada on
June 25, 2013, and now wishes to approve the Deed Restrictions including Design
Guidelines as well as Declaration of Covenants, Conditions, and Restrictions for Granada
as required by zoning Ordinance No. 693 for Granada, 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 Granada Design Guidelines attached hereto as Exhibit “A”; as well as the
Granada Declaration of Covenants, Conditions and Restrictions attached hereto as
Exhibit “B”.
Page 2 of 2
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kelly Edwards, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Westlake Academy Facility Expansion
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
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 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Westlake Academy Facility Expansion
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Item # 11 – Take any
Necessary Action, if
needed
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
COUNCIL CALENDAR
Solana Free Fall Movie Night (Oz: The Great
& Powerful; rated PG)
October 24, 2013; 7:00 pm
Village Circle Retail Garden
WA Last Home Football Game & Senior Night
October 25, 2013; 4:30 pm
WA Athletic Fields
Westlake Academy’s Monster Mash hosted by the HOC
October 26, 2013; 5:00 – 10:30 pm
Westlake Academy campus
Zoning Board of Adjustments &
Town Council Meeting
October 28, 2013
Stagecoach Hills Neighborhood Meeting
October 29, 2013; 7:00 pm
Home of Ms. Alice Benson
Westlake Baja (rescheduled from 10/15 due to rain)
November 4, 2013; 5:00 pm
Vaquero Club
Town Council Meeting
November 11, 2013
Glenwyck Farms Neighborhood Town Meeting
November 12, 2013; 7:00 pm
Home of Paul & Kerin Beauchamp
WA Board of Trustees Meeting
November 14, 2013 (rescheduled from 11/4)
Town of Westlake
Item # 13 –
Council Calendar
Town of Westlake
Item # 14 –
Adjournment
Back up material has not
been provided for this item.