HomeMy WebLinkAbout06-18-18 TC Agenda packetThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Work Session but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
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TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AGENDA
June 18, 2018
1500 Solana Boulevard
Building 7, Suite 7100
1st Floor, Council Chamber
Westlake, TX 76262
Work Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
4. DISCUSSION ITEMS
a. Presentation and discussion regarding an update to the municipal logo and
branding statement for the Westlake community.
b. Presentation and discussion regarding recycling market conditions and proposed
rate increase for Solid Waste and Recycling services.
c. Standing Item: Presentation and discussion of development projects per Staff
report May 2018 including an Entrada report from the Developer and projects in
Planned Development PD 3-5.
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 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal
matters involving pending or contemplated litigation regarding the Town’s
Soliciting ordinance.
c. 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 evaluation
- Town Manager search process
6. RECONVENE MEETING
7. COUNCIL RECAP / STAFF DIRECTION
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8. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of
Community Interest pursuant to Texas Government Code Section 551.0415 the Town
Council may report on the following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3) recognition of individuals; (4)
reminders about upcoming Town Council events; (5) information about community
events; and (6) announcements involving imminent threat to public health and safety.
3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council cannot by law take action
nor have any discussion or deliberations on any presentation made to the Council at this
time concerning an item not listed on the agenda. The Council will receive the
information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
4. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on May 21, 2018.
b. Consider approval of the minutes from the meeting on May 31, 2018.
c. Consider approval of Ordinance 857, Amending the Code of Ordinance by
repealing and replacing Chapter 2 Administration, by reordering the Chapter and
amending Chapter 26 Community Development, Division 2, by deleting and moving
Sections 26-57.1; 26-57.2; and 26-59 to Chapter 2.
d. Consider approval of Resolution 18-22, Authorizing the Town Manager to enter
into a Mutual Aid agreement with Tarrant County for Fire Protection and
Emergency Medical Services.
e. Consider approval of Resolution 18-23, Authorize the Town Manager to approve
change orders in the amount of $184,883 to the agreement with Core Construction
For The Construction Of The Westlake Fire-Ems Station No. 1 Project Change
Orders Fire-EMS Station 1.
f. Consider approval of Ordinance 858, Amending Ordinance No. 756 by Repealing
and Replacing Appendix “A”, Allied Waste Franchised Town rates, dated December
14, 2015 with Appendix “A”, Allied Waste Franchised Town rates, dated July 1,
2018.
g. Consider approval of Resolution 18-24, Appointing and Reappointing Various
Affiliate boards.
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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 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal
matters involving pending or contemplated litigation regarding the Town’s
Soliciting ordinance.
c. 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 evaluation
- Town Manager search process
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
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9. 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, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, June 13, 2018, by 5:00 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town Council
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas flag;
I pledge allegiance to
thee, Texas, one state
under God, one and
indivisible."
Town Council
Item # 6 – Reconvene
Council Meeting
DISCUSSION ITEMS
a. Presentation and discussion regarding an update to the municipal logo
and branding statement for the Westlake community.
b. Presentation and discussion regarding recycling market conditions and
proposed rate increase for Solid Waste and Recycling services.
c. Standing Item: Presentation and discussion of development projects
per Staff report May 2018 including an Entrada report from the Developer
and projects in Planned Development PD 3-5.
Town Council
Item #4 – Discussion
Items
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estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, June 18, 2018
TOPIC: Presentation and discussion regarding an update to the municipal logo and
branding statement for the Westlake community.
STAFF CONTACT: Ginger Awtry, director of communications & community affairs, and
Amanda DeGan, assistant town manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Municipal &
Academic Operations
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Encourage Westlake's
Unique Sense of Place
Strategic Initiative
Market / Expand Awareness of Westlake – Nationally / Statewide
Time Line - Start Date: February 8, 2018 Completion Date: June 18, 2018
Revenue Amount: TBD Status - Not Funded Source - VAF (Hotel Tax)
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
As presented at previous Council workshop meetings, the Communications department has
continued work with a focus group of residents and our outside consultant, Brandera, to develop a
proposed new logo and branding tagline for our community. For the past 17 years, we have utilized
a logo that resembles a seal (rounded) design to represent both the municipality and school. Our
community has experienced an influx of growth over the several years and the Council has
expressed support for an update to our current municipal logo/brand.
Brandera, and staff, met several times with a resident focus group to identify descriptors and
branding they felt best described our community and brainstormed with the group to narrow
down and bring forth recommendations for Council’s review. The internal process, with
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recommended art work, logo, and branding tagline, will be presented to Council during
workshop for feedback and discussion.
RECOMMENDATION
Review and discuss proposed brand and logo with consensus to move forward.
ATTACHMENTS
None; Proposed logo and branding statement to be presented during the workshop.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, June 18, 2018
TOPIC: Presentation and discussion regarding recycling market conditions and
proposed rate increase for Solid Waste and Recycling services.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Fiscal Stewardship
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Maximize Efficiencies
& Effectiveness
Strategic Initiative
Evaluate Services and Determine if Fees are Appropriate
Time Line - Start Date: June 18, 2018 Completion Date: June 18, 2018
Revenue Amount: N/A Status - N/A Source - Utility Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town of Westlake’s solid waste and recycling services with Allied Waste Services
(formerly Trinity Waste Services), was originally executed on December 5, 2001 for a 10 year
term, and included a provision that allowed a contract extension of additional five year terms if
mutually agreeable in writing. A historical summary of the changes to the Town’s solid waste
and recycling services/rates is provided below.
July 14, 2008 - Town Council approved Ordinance 597 that provided:
• 23% ($2.00) rate increase
• Implemented collection automation (cart pick up)
• Town assumed residential customer service billing
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August 30, 2010 – Town Council approved Ordinance 642 that consented to the assignment of
the contract from Trinity Waste Services to Allied Waste Services.
December 13, 2010 - Town Council approved Ordinance 649 that provided:
• 5 year contract extension
• secured rates until November 2012
• transitioned solid waste pick up from twice a week to once a week in conjunction with
weekly residential recycling collection
December 14, 2015 Town Council approved Ordinance 756 at the regular Council meeting that
provided:
• 5 year contract extension
• 5% (0.54¢) rate increase
• No rate increase allowed until (2018)
• Future rate increase subject to Town Council approval
The Town utilizes a volume-based pricing system, or Pay-As-You-Throw System, for solid
waste. For example, households that place more than one trash container out for pick up (the
base level of service at a fixed fee) would be required to pay for each additional cart. PAYT
distributes cost more equitably and it is financially beneficial for residents to recycle.
While the Town desires to provide unparalleled municipal and educational services at the lowest
cost as identified in the Balanced Score Card Exemplary Service & Governance Strategic
Theme, it is imperative to engage in environmentally sound practices that protects environment
and fulfills the Town’s Mission of “…preservation of our natural environment….”
Therefore, environmental impact(s)/benefits(s) should be considered regarding any proposed
changes to service level and or frequency of solid waste and recycling services as identified in a
2010 Solid Waste Association of North America Study for Lansdowne Borough, Delaware
County, Pennsylvania:
Besides its cost and its disincentive effect on recycling, twice-per-week trash collection
causes more negative environmental impacts due to increased fuel consumption,
increased emissions, and increased damage to roadways. According to the American
Association of State Highway and Transportation Officials (AASHTO) a single trash
truck has the same impact to a road surface as 1,000 cars. A typical trash truck gets less
than five miles per gallon. Vehicle emissions, which contain a myriad of harmful and
carcinogenic toxins, are attributable to poor air quality particularly in dense
neighborhoods and impact human health.
SWANA Recycling Technical Assistance Study: Sustaining an Affordable Waste Management Program, p. 13. Retrieved June 5, 2018
from Pennsylvania Department of Environmental Protection website:
http://files.dep.state.pa.us/Waste/Recycling/RecyclingPortalFiles/Lansdowne_475.pdf
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Development Activities Status—May 2018 ProjectNo.ProjectNameLand Use Number of Lots/UnitsSizeDevelopment Status PercentComplete*EstimatedCompletion1Entrada Retail CornerRetail / Office 4 ~52,000 s.f. Retail Corner and Sales Office building permit issued Sales office completed 12% Summer 2019 2Terra Bella Residential 2854.7 acres 23/28 lots currently developed or under construction 71.43% N/A3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 37.50% N/A 4Quail Hollow Residential 96188 acres 2/96 lots under construction 1.04% N/A5Granada Phase I Residential 4185 acres Phase I has 37/41 lots currently developed or under construction 75.61% N/AGranada Phase II 43 Phase II has 17/43 lots under construction 19.77% Project Blizzard Mix-Use N/A53 acres Civils plans approved for construction on Schwab Way N/AN/A6Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 1,420,000 s.f. total 33 acres Under construction N/AFall 2019 78EntradaBlock E, I & J Residential J: 6 units I: 12 units E: 12/14 units J: 3,226 sf ea I: 2,769 sf ea E: 4,500 sf ea Block J has 6/6 lots currently under construction Block I has 12/12 lots currently under construction Block E has 12/14 lots currently under construction 4.66% N/A9Fire/EMS Station Government Use N/A5-acre site Under construction 10%Early 2019 10Restaurant Row Bldg. A / Pedestrian Bridge Restaurant / Bridge 2~15,000 s.f. Under construction 1%December 2018 Ύ йŽŵƉůĞƚĞс;ηŽĨW͛ƐdžϱϬйͿͬdŽƚĂůW͛Ɛн;ηK͛ƐdžϱϬйͿͬdŽƚĂůK͛ƐΎΎ ZĞĨĞƌƚŽ ŶƚƌĂĚĂĞǀĞůŽƉŵĞŶƚZĞƉŽƌƚĨŽƌŵŽƌĞŝŶĨŽ
Residential Subdivision Buildout—May 2018 Subdivision Name Plat Date Total Lots Vacant Lots Size (Acres) DevelopmentStatusPercentCompleteBuildingPermitsIssuedFinalsIssuedAspen Lane/Shelby Estates 4/7/1981 8 0 132.6 Built-out 100% 8 8 Carlyle Court 3/7/20168310.2 Under development 37.50% 51Entrada12/14/2015 322 292 85.9 Under development 4.66%300Glenwyck Farms 3/13/2000840104.3 Built-out 100.00% 8484Granada Phase I 6/17/2013 41 4 84.3Under development75.61%3725Granada Phase II 12/12/2016 43 28 19.77%170Knolls at Solana -565662.5 Conceptual0.00% 00Mahotea Boone 12/9/1977 14 0 31.6 Built-out 100.00% 14 14 Paigebrooke 3/8/20046220.3 Under development 66.67% 44Quail Hollow 3/28/2016 96 94 188.3 Under development 1.04% 2 0 Stagecoach 8/16/197147655.5 Mostly built-out 86.17% 4140Terra Bella 11/11/2008 28 5 54.8 Under development 71.43% 23 17 Vaquero3/27/200029537510Mostly built-out 84.58% 258241Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 88.46% 11 12 Other/Miscellaneous -212-Mostly built-out 88.10% 191810825311362.747.00%553464
Block JBlock I Block I (Piedra Court)SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16Block P Block M Block H Block G Block F Block L Sales Office Block D Primrose CVS Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16Block DPlaza Mayor SP | Ord 854 | 5-21-18 Chapel / Reception Hall SP | Ord 853 | 4-30-18 Phase 2 DP | Ord 830 | 06-19-17Block E BUILDING LEGEND Site Plan Under ReviewSite Plan Approved Building Permit Under Review Building Under Construction Building CompletedBlock C Entrada Status Map - May 2018
Case NumberTypeLocationDescriptionCurrent StatusResolution StatusPSE-05-09-18Preliminary Site EvaluationSouth of Solana Blvd. West of Sam School Rd.Preliminary Site Evaluation for Knolls at SolanaUnder staff review Application under reviewSP-02-16-18-2Site PlanSolana PlazaAddition of Parking at the Solana PlazaUnder review Application under reviewActive Planning and Zoning Case Log - May 2018
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal
matters involving pending or contemplated litigation regarding the Town’s
Soliciting ordinance.
c. 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 evaluation
- Town Manager search process
Town Council
Item # 5 – Executive
Session
Town Council
Item # 6 – Reconvene
Council Meeting
COUNCIL RECAP / STAFF DIRECTION
Town Council
Item # 7 – Council Recap /
Staff Direction
Town Council
Item # 8 – Adjournment
Work Session
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports
on Items of Community Interest pursuant to Texas Government
Code Section 551.0415 the Town Council may report on the
following items: (1) expression of thanks, congratulations or
condolences; (2) information about holiday schedules; (3)
recognition of individuals; (4) reminders about upcoming Town
Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and
safety.
Public Art Competition Advisory Committee Meeting
Monday, June 18, 2018; 11:00 – 1:00 pm*
Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor
Town Council Workshop/Meeting
Monday, June 18, 2018*
Westlake Council Chambers, Solana Terrace, Bldg.7-Suite 7100, First Floor
Westlake Municipal Offices Closed in Observance of Independence Day Holiday
Wednesday, July 4, 2018
Public Art Competition Advisory Committee Meeting
Monday, July 16, 2018; 11:00 – 1:00 pm*
Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, Council Chambers-First Floor
Please note: No Coffee & Conversation, Board of Trustees, Planning & Zoning,
or Town Council meetings in July
Coffee & Conversation with the Mayor Pro Tem
Monday, August 6, 2018; 8:00 – 9:30 am
Marriott Solana Hotel – Great Room
Board of Trustees Workshop/Meeting
Monday, August 6, 2018; 5:00/6:00 pm*
Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor
Planning and Zoning Commission Meeting
Monday, August 13, 2018; 5:00/6:00 pm*
Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor
WA Back to School Night for Primary Grades K-5 Students & Families
Monday, August 13, 2018; 6:00 – 7:30 pm
WA Campus – Gym
Board of Trustees/Town Council host Back to School Breakfast for WA Staff
Tuesday, August 14, 2018; 8:00 – 9:00 am
WA Campus - MPH
WA Back to School Night for Secondary Grades 6-12 Students & Families
Tuesday, August 14, 2018; 6:00 – 7:30 pm
WA Campus-Gym
Westlake Academy First Day of School
Wednesday, August 15, 2018
*For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake
Academy website or the Town of Westlake website for further assistance.
Town Council
Item # 2 – Items of
Community Interest
CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter
whether or not it is posted on the agenda. The Council cannot by law take action nor have any
discussion or deliberations on any presentation made to the Council at this time concerning an
item not listed on the agenda. The Council will receive the information, ask staff to review the
matter, or an item may be noticed on a future agenda for deliberation or action.
Town Council
Item # 3 – Citizen
Comments
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on May 21, 2018.
b. Consider approval of the minutes from the meeting on May 31, 2018.
c. Consider approval of Ordinance 857, Amending the Code of Ordinance by
repealing and replacing Chapter 2 Administration, by reordering the Chapter and
amending Chapter 26 Community Development, Division 2, by deleting and moving
Sections 26-57.1; 26-57.2; and 26-59 to Chapter 2.
d. Consider approval of Resolution 18-22, Authorizing the Town Manager to enter
into a Mutual Aid agreement with Tarrant County for Fire Protection and Emergency
Medical Services.
e. Consider approval of Resolution 18-23, Authorize the Town Manager to approve
change orders in the amount of $184,883 to the agreement with Core Construction
For The Construction Of The Westlake Fire-Ems Station No. 1 Project Change Orders
Fire-EMS Station 1.
f. Consider approval of Ordinance 858, Amending Ordinance No. 756 by Repealing
and Replacing Appendix “A”, Allied Waste Franchised Town rates, dated December
14, 2015 with Appendix “A”, Allied Waste Franchised Town rates, dated July 1, 2018.
g. Consider approval of Resolution 18-24, Appointing and Reappointing Various
Affiliate boards.
Town Council
Item # 4 – Consent
Agenda
Town Council Minutes
05/21/18
Page 1 of 7
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
May 21, 2018
PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Carol Langdon, and
Wayne Stoltenberg.
ABSENT: Alesa Belvedere and Rick Rennhack.
OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda
DeGan, Town Secretary Kelly Edwards, Town Attorney Stan
Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard,
Director of Planning & Development Ron Ruthven, Building Official
Pat Cooke, Director of Public Works Jarrod Greenwood,
Development Coordinator Nick Ford, Director of Facilities & Parks
Troy Meyer, Director of Communications Ginger Awtry, Director of
Information Technology Jason Power, and Management Intern
Kirk McDaniel.
Special Session
1. CALL TO ORDER
Mayor Wheat called the special session to order at 5:12 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags.
Town Council Minutes
05/21/18
Page 2 of 7
3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
Town Secretary Edwards gave the Oath of Office to Mayor Wheat and Council Member
Barrett.
4. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE.
Discussion ensued regarding nominating Council Member Langdon to continue to serve as
Mayor Pro Tempore. Council Member Langdon accepted the nomination.
MOTION: Council Member Barrett made a motion to elect Council Member
Langdon as Mayor Pro Tempore. Council Member Stoltenberg
seconded the motion. The motion carried by a vote of 3-0.
5. ADJOURNMENT
Mayor Wheat adjourned the special session at 5:15 p.m.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:15 p.m.
2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
Mayor Wheat asked that item d be removed from the consent agenda and to notify all
residents of the vacancy on the Commission as well as other town boards.
3. DISCUSSION ITEMS
a. Presentation and discussion regarding the amendment to Chapter 46, Article VI
Tobacco Products, Smoking, and E-Cigarettes.
Director Greenwood and Intern McDaniel provided a presentation and overview
of the proposed amendment.
Town Council Minutes
05/21/18
Page 3 of 7
Discussion ensued regarding restrictions in the City of Southlake and the City of
Fort Worth, Deliotte’s policy, Marriott’s policy, LaScala, definition of private
worksite, campus designated smoking areas, Fidelity’s policy, and providing a
time for compliance.
b. Presentation and discussion of the schedule, budget, signage and construction of
a Westlake Fire-EMS Station No. 1 located at the Northwest Corner of Dove Road
and Davis Boulevard (FM 1938).
Director Meyer and Chief Whitten provided a presentation and overview of the
construction.
Discussion ensued regarding the color of the stone and funding mechanisms.
c. Standing Item: Presentation and discussion of development projects per Staff
report April 2018 including an Entrada report from the Developer and projects in
Planned Development PD 3-5.
Discussion ensued regarding the number of residential building permits, and the
Entrada development including restaurant row construction, tower revisions, and
overall progress.
4. EXECUTIVE SESSION
Council convened into executive session at 6:06 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
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
Town Council Minutes
05/21/18
Page 4 of 7
c. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: A Rezoning Request From R5-Country Residential to Planned
Development District Number 7 (PD7) for an approximately 37.798 acres located
East of Pearson Lane and South of Aspen Lane
5. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 6:57 p.m.
6. COUNCIL RECAP / STAFF DIRECTION
Move forward with recommendations regarding the Smoking ordinance.
7. ADJOURNMENT
Mayor Wheat adjourned the work session at 6:57 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular session to order at 6:57 p.m.
2. ITEMS OF COMMUNITY INTEREST
Assistant Town Manager DeGan recognized Keller Motor Officer Mike Norris for his years
of service to our community. Mayor Wheat read a proclamation.
Director Awtry provided an overview of the upcoming events.
3. CITIZEN COMMENTS
No one addressed the Council.
Town Council Minutes
05/21/18
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4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting on April 30, 2018.
b. Consider approval of Resolution 18-19, Adopting a Criminal Justice Information
System (CJIS) Policy to establish policies for the proper access, dissemination, and
destruction of Criminal History Record Information.
c. Consider approval of Resolution 18-20, Appointing three (3) members to the
Westlake Academy Foundation board.
d. Consider approval of Resolution 18-21, Appointing a member to the Planning
and Zoning Commission.
MOTION: Council Member Langdon made a motion to approve items a-c of
the consent agenda. Council Member Barrett seconded the motion.
The motion carried by a vote of 3-0.
Mayor Wheat stated no action would be taken on item d of the consent agenda.
5. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 854,
APPROVING A SITE PLAN FOR AN APPROXIMATELY 5.806-ACRE PORTION OF
PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2),
ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED
SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF
SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA
SHOWN ON THIS PD SITE PLAN IS COMMONLY REFERRED TO AS THE PLAZA
MAYOR TO BE LOCATED NEAR CORTES DRIVE, COSTA BRAVA, AND GIRONA
DRIVE.
Mayor Wheat stated that items 5 and 6 would be presented together and would open the
public hearing for both items.
Director Ruthven and Coordinator Ford provided an overview of the items 5 and 6 of the
agenda.
Discussion ensued regarding staff recommendations regarding item 5 including public Wi-
Fi access, lighting, and the number of condos for item 6.
Mayor Wheat continued the public hearing for items 5 and 6.
No one addressed the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Langdon made a motion to approve Ordinance
854. Council Member Stoltenberg seconded the motion. The
motion carried by a vote of 3-0.
Town Council Minutes
05/21/18
Page 6 of 7
6. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 855,
APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR 126 CONDOMINIUM
UNITS TO BE LOCATED IN THE PLAZA MAYOR OF THE ENTRADA DEVELOPMENT
GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS
BOULEVARD, AND NORTH OF SOLANA BOULEVARD.
MOTION: Council Member Barrett made a motion to approve Ordinance
855. Council Member Langdon seconded the motion. The
motion carried by a vote of 3-0.
7. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 856,
APPROVING A REZONING REQUEST FROM R5-COUNTRY RESIDENTIAL TO
PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY
37.798 ACRES LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE,
TO INCLUDE PRIMARILY SINGLE FAMILY RESIDENTIAL USES, INCLUDING A
REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND
A SPECIFIC USE PERMIT FOR PRIVATE STREETS.
Mr. Paul Pastore, Waterside Properties, stated that they would like to withdraw the item
for consideration.
Mayor Wheat continued the public hearing.
No one addressed the Council.
Mayor Wheat closed the public hearing.
No action taken on Ordinance 856, regarding Planned Development number 7, PD-7.
8. EXECUTIVE SESSION
Council convened into executive session at 7:17 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
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05/21/18
Page 7 of 7
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
c. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: A Rezoning Request From R5-Country Residential to Planned
Development District Number 7 (PD7) for an approximately 37.798 acres located
East of Pearson Lane and South of Aspen Lane
9. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 8:30 p.m.
10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action necessary.
11. FUTURE AGENDA ITEMS
No additional discussion required.
12. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Barrett seconded the motion. The motion carried
by a vote of 3-0.
Mayor Wheat adjourned the meeting at 8:31 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2018.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
05/31/18
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
May 31, 2018
PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol
Langdon, Rick Rennhack, and Wayne Stoltenberg.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda
DeGan, Town Secretary Kelly Edwards, Finance Director Debbie
Piper, Finance Supervisor Jaymi Ford, Fire Chief Richard Whitten,
Deputy Fire Chief John Ard, Director of Planning & Development
Ron Ruthven, Director of Public Works Jarrod Greenwood, Director
of Facilities & Parks Troy Meyer, Director of Communications
Ginger Awtry, Director of Information Technology Jason Power,
Court Administrator Jeanie Roumell, Keller Police Chief Michael
Wilson, Management Intern Kirk McDaniel, Dr. Mechelle Bryson,
PYP Principal Rod Harding, Secondary Principal Stacy Stoyanoff,
Registrar Ange Bumgarner, WA Foundation President Deborah
Kraska and Executive Director Dr. Shelly Myers.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 9:04 a.m., with the following Council
Members present: Alesa Belvedere, Rick Rennhack and Wayne Stoltenberg.
Town Manager Brymer welcomed everyone and provided an overview of today’s agenda.
Council Member Langdon arrived at 9:14 a.m.
Town Council Minutes
05/31/18
Page 2 of 3
2. DISCUSSION REGARDING KEY STRATEGIC INITIATIVES FOR THE FUTURE AND
GOVERNANCE.
Assistant Town Manager DeGan and Director Greenwood provided an overview of the
commercial growth projections.
Director Ruthven spoke regarding day-time populations due to the Class A complexes
being built and the need to revisit the Comprehensive Plan.
Discussion ensued regarding building community within the gated communities, building
community with Entrada, trails, dining, policy regarding the limit of commercial density,
parking ratios, town sponsoring mobility, 5 year forecast, capital project funds, one-time
money, sales and use tax, corporate partners to revenue development projections,
financial donations, DirectionFinders concerns and outlook, funding for a 2nd Fire-EMS
station based on growth, Emergency Regional Communications, ad valorem tax rate and
rates of our surrounding communities, and ad valorem revenue.
Mr. Brent Alexander, School District Strategies, provided a presentation regarding
enrollment projections.
Discussion ensued regarding number of vacant lots, number of condominiums, entitled
apartment complexes, primary and secondary boundaries, projections vs campus capacity,
and the maximum number of students/size of campus.
Council Member Rennhack left at 12:45 p.m. Council Member Barrett arrived at 1:09 p.m.
Council Member Langdon left at 1:15 p.m.
Dr. Bryson provided an overview of projections by grade level.
Discussion then ensued regarding students leaving, number of operating days, FIRST
criteria, academy salaries, addition of lab space, proposed staffing levels, and hiring a
planning firm to address long term needs.
Mike Mowery, SGR, provided council members and staff three case studies to read and
discuss.
3. WRAP-UP / STAFF DIRECTION
No additional direction.
Town Council Minutes
05/31/18
Page 3 of 3
4. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the work
session at 3:34 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2018.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 18, 2018
TOPIC: Consider approval of an Ordinance Amending the Code of Ordinances by
repealing and replacing Chapter 2 Administration by reordering the
Chapter and amending Chapter 26 Community Development, Division 2,
by deleting and moving Sections 26-57.1; 26-57.2; And 26-59 to Chapter
2.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Transparent / Integrity-
driven Government
Municipal &
Academic Operations
Natural Oasis - Preserve &
Maintain a Perfect Blend of the
Community's Natural Beauty
Increase
Transparency,
Accessibility &
Communications
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: May 15, 2017 Completion Date: June 18, 2018
Funding Amount N/A Status - Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This ordinance will repeal and replace Chapter 2, which will restructure the order and move the
Town Manager’s position from Chapter 26 to Chapter 2.
In 2007 Ordinace 512 was codified. The Town Manager’s position was placed in Chapter 26,
Community Development. This position should have been in Chapter 2, Article III, Officers and
Employees.
Page 2 of 2
When revising Chapter 2, the following revisions were made:
• Changing Board of Aldermen to Town Council
• Adding additional language to Article II, Division 1, Generally (Elections, Mayor Pro
Tempore, Term of Office, Quorum, Conflict of Interest and Abstention language)
• Moving the Town Manager from Chapter 26 to Chapter 2 Town Officers
• Adding to Town Officers the Town Secretary and Town Attorney, keeping the Town
Marshal but changing the order
• Moved Board and Commission language from Chpt. 26 to Chpt. 2
• Provided Texas Municipal Retirement System its own Article
• Adjusted the number of the preceding articles as necessary
RECOMMENDATION
Approve the ordinance amending Chapters 2 and 26 of the Code of Ordinances.
ATTACHMENTS
Ordinance
Ordinance 857
Page 1 of 16
TOWN OF WESTLAKE
ORDINANCE NO. 857
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING THE CODE OF
ORDINANCES BY REPEALING AND REPLACING CHAPTER 2 ADMINISTRATION
BY REORDERING THE CHAPTER AND AMENDING CHAPTER 26 COMMUNITY
DEVELOPMENT, DIVISION 2, BY DELETING AND MOVING SECTIONS 26-57.1; 26-
57.2; AND 26-59 TO CHAPTER 2; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the amendment and reorganization of both Chapters provides for Officers
and Board and Commissions of the municipality to be located in the same chapter; and
WHEREAS, upon the recommendation of the staff to reorganize Chapter 2 and include
the position of the Town Manager, the Town Council of the Town of Westlake, Texas, is of the
opinion that it is in the best interests of the town and its citizens that the amendments should be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That 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 Chapter 2 of the Town of Westlake Code of Ordinances, as amended,
is hereby amended as follows.
Chapter 2 - ADMINISTRATION
ARTICLE I. - IN GENERAL
Sec. 2-1. - Change to type A general law municipality.
The town does hereby convert to a type A general law municipality in accordance with the
requirements of the Local Government Code of Texas, and shall conduct itself in accordance
with the laws regulating type A general law municipalities from and after May 9, 1994.
Sec. 2-2. - Westlake Town Seal—Approval required.
No person, association, corporation, organization, or group, of any type or character, other
than town officers, employees and agents shall cause or allow to be used or displayed the Town
Ordinance 857
Page 2 of 16
of Westlake Seal on any item unless such use or display is approved as provided by this
ordinance [Ordinance No. 678], and is otherwise in compliance with this ordinance [Ordinance
No. 678].
An employee may apply to the town manager designee to use town materials and equipment
in his or her creative projects, provided the employee agrees either to grant to the town a non-
exclusive, non-transferable, perpetual, royalty-free, town-wide license to use the work, or
permits the town to be listed as co-author or co-inventor if the town's contribution to the work is
substantial.
Upon the termination of any person's association with the town, all permission to possess,
receive, or modify the town's intellectual property shall also immediately terminate. All such
persons shall return to the town all intellectual property, including but not limited to any copies,
no matter how kept or stored, and whether directly or indirectly possessed by such person.
Sec. 2-3. - Westlake Town Seal—Approval process.
Any person, association, corporation, organization, or group, of any type or character, shall
receive written approval from the town manager or designee prior to such use or display of the
town seal or intellectual property.
Sec. 2-4. - Westlake Town Seal—Allowable uses.
Use of the Town of Westlake Seal shall be limited to the following:
(a) Events limited in duration to a period of time specifically designated in the request;
(b) Uses which comport with the guidelines listed in section 2-6;
(c) Such other uses deemed appropriate by the town manager, taking into consideration
the name, reputation and public image of the Town of Westlake is at stake each time a
request for use is granted;
(d) Media agencies may be granted permission to use the Town of Westlake provided the
flowing criteria are met:
(1) if the media agency is a television station with a broadcast signal which serves the
entire population or geographic town limits; or
(2) if the media agency is a newspaper with a paid subscriber circulation within the
Town of Westlake of not less than 10,000 subscribers.
The town manager shall determine if the media agency is in compliance with this ordinance
Sec. 2-5. - Westlake Town Seal—Approval.
The town manager's office or designee shall review each written request for compliance with
this ordinance. A request approved by the town manager's office or designee shall be final.
Sec. 2-6. - Westlake Town Seal—Guidelines of use.
The following guidelines shall be followed by the town manager's office or designee in
reviewing each application for the use of the Town of Westlake Seal.
(a) Use of the Town of Westlake Seal shall not be allowed if such use:
(1) is, or included matter which is immoral, deceptive, or scandalous according to
community standards;
(2) may disparage, or falsely suggest a connection with, or bring into contempt or
disrepute the Town of Westlake;
Ordinance 857
Page 3 of 16
(3) is likely to cause confusion or mistake, or to deceive, because, when applied to
the applicant's proposed use in connection with the activity or event, the activity or
event appears to be controlled by the Town of Westlake when such is not the case.
Secs. 2-7—2-30. - Reserved.
ARTICLE II. - TOWN COUNCIL
DIVISION 1. - GENERALLY
Sec. 2-31. - Terms of Office. The mayor and council members of a Type A municipality are
elected for two year terms
Sec. 2-32. - The Mayor shall preside at all meetings of the council and shall with three of the
town council members constitute a quorum for the transaction of business; and the quorum shall
have the power to enact such by-laws and ordinances not inconsistent with the laws and
constitution of the State of Texas, as shall be deemed proper for the governing of the Town
Sec. 2-33. - Election Held Annually.
An election shall be held annually on an authorized uniform election date as set out in Texas
Election Code.
Sec. 2-34. – President Pro-Tempore Elected.
At the first meeting of each new town council, one of the council members shall be elected
president pro-tempore (i.e., mayor pro-tem) who shall hold this office for one year. In the case of
the failure, inability, or refusal of the mayor to act, the mayor pro-tem shall perform the duties of
the mayor. If both the mayor pro-tem and the mayor are absent, any council member may be
appointed to preside at the meeting.
When serving as presiding officer at a meeting in the mayor’s absence, the mayor pro-tem or the
council member acting in the mayor’s place shall retain their right to vote on matters before the
council without regard to a tie.
Sec. 2-35 - Quorum.
Three (3) members of the town council shall constitute a quorum for the purpose of transaction
of business.
Sec. 2-36 - Conflict of interest.
Should any person on the town council have a conflict of interest, pursuant to any state laws
and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda
item then before the town council, he or she shall openly declare same before discussion
proceeds, and he or she is thereby prohibited from discussing the item or voting on the question.
Ordinance 857
Page 4 of 16
Sec. 2-37 - Abstention.
Should any person on the town council choose to abstain from voting on any question before the
town council, where no conflict of interest exists, the person's vote shall be recorded as a
negative vote in the official minutes of the meeting.
Secs. 2-38—2-50. - Reserved.
DIVISION 2. - PROCEDURES
Sec. 2-51. - Agenda items.
Pursuant to policies or procedures adopted by the governing body the mayor or any member
of the council may notify the town manager and town secretary of any items requested to be on
the agenda. The town manager will be responsible for placing all other items on each agenda and
providing necessary backup for each agenda item. The town secretary will assemble and
distribute agenda backup materials prepared prior to each board meeting.
Sec. 2-52. - Meetings; voting.
(a) The town council shall meet at the time and place determined by a resolution adopted by
the governing body.
(b) The meetings shall be held at the Town Hall, or a meeting room close by, or another
location designated by the town in the meeting notice as required by law.
(c) Each member of the town council shall at every meeting of the board be entitled to one
vote in person but no proxy shall be voted on any occasion.
(d) The town may adopt an ordinance, act, law, or regulation, not inconsistent with state law,
that is necessary for the government, interest, welfare, or good order of the town as a body
politic.
Sec. 2-53. - Procedural rules.
The procedure at all meetings of the town council shall be in accordance with general rules
of parliamentary procedures.
Sec. 2-54. - Continuation of meetings.
The mayor shall continue any meeting, whether regular or special, including a continuation
to a specific date and time, as directed by the town council.
Secs. 2-55—2-80. - Reserved.
Ordinance 857
Page 5 of 16
ARTICLE III. - BOARDS, COMMISSIONS AND AUTHORITIES
DIVISION 1. - GENERALLY
Sec. 2-81. - Boards, commissions, agencies/appointment, term, and procedures.
(a) All meetings of any board or commission shall be open to the public. Each board or
commission shall keep accurate minutes of each meeting which shall be forwarded to the
town secretary within ten days following approval.
Such board or commission shall keep an accurate record of the names of the members who
are present and absent from their meetings. When public hearings are necessary or required,
notice of the public hearings and the conduct of the public hearing will be in compliance with
the requirements of the Texas Local Government Code and the UDC.
(b) Each board or commission shall establish its own attendance rules, regulations and method of
enforcement which may include automatic removal from office unless in conflict with state
law or this section. Each member of a board or commission shall be at least 18 years of age.
Secs. 2-82—2-135. - Reserved.
DIVISION 2. - HIGHER EDUCATION AUTHORITY
Sec. 2-136. - Creation.
The town council hereby creates a higher education authority pursuant to the Higher
Education Authority Act (V.T.C.A., Education Code ch. 53) and designates the name of such
higher education authority to be the "Texas Student Housing Authority."
Sec. 2-137. - Composition.
The board of directors of the Texas Student Housing Authority shall consist of seven
members. The respective directors of the authority shall serve for two-year terms and until their
respective successors are appointed and assume office.
Sec. 2-138. - Bylaws approved.
The town council hereby approves the Texas Student Housing Authority bylaws.
Secs. 2-139—2-160. - Reserved.
Ordinance 857
Page 6 of 16
ARTICLE IV. – TOWN OFFICERS
Sec. 2-161. - Town manager.
a. Appointment and Removal.
1) The town council shall appoint a town manager who shall be the chief
administrative officer of the town, and shall be responsible to the town council for
the administration of all the affairs of the town.
2) The town manager shall be chosen by the town council solely on the basis of
his or her executive and administrative training, experience and ability; and need
not, be a resident of the Town of Westlake.
3) The town manager may be removed at the will and pleasure of the Town
Council pursuant to the Local Government Code
4) No member of the town council shall, during the time for which he or she is
elected, and for one year thereafter, be appointed town manager.
b. Term and Compensation.
The town manager shall receive compensation as may be fixed by the town council. The town
council. The town council may enter into agreement establishing compensation and a term of
service.
c. Responsibilities.
1) In cooperation with the town attorney, see that all state laws and town
ordinances are effectively enforced.
2) Appoint and remove any employee of the town, except as otherwise provided
by this section.
3) Prepare the budget annually and submit it to the town council, and be
responsible for its administration after adoption.
4) Prepare and submit to the town council in the annual proposed budget, a
complete report on the finances and administrative activities of the town for
the preceding year.
5) Keep the town council apprised of the financial condition and future needs of
the town and make such recommendations as may seem to the town manager
advisable.
6) Attend all meetings of the town council, except at the request of the board
during executive sessions when the town manager is under discussion. He or
she shall be notified of all special meetings of the board.
7) Ensure effective intergovernmental representation of the town’s interest by
monitoring and responding to legislation, participating in policy development,
and presentation of the town’s interest to elective officials, the regional
development community, legislative committees, and public interest groups.
8) Shall have the authority to obligate the town without first obtaining the
approval of the town council for all budgeted expenditures not to exceed
$50,000.00 as to one contract or item. All other expenditures, including those
not included in the budget of applicable fiscal year, must be first be approved
by the town council.
Ordinance 857
Page 7 of 16
9) Perform such duties as may be prescribed or may be required of him or her by
the town council, not inconsistent with this section.
Sec. 2-162. - Town council not to interfere in appointments.
Neither the town council, nor any of its members, shall direct the appointment of any person to
office by the town manager, or by any of his subordinates. Except for the purpose of inquiry, the
town council and its members shall deal with the administrative services through the town
manager, and neither the town council, nor any member thereof, shall give orders to any
subordinate of the town manager, either publicly or privately.
Sec. 2.163 Town Secretary.
a. Appointment and Removal.
1) The Town Council shall appoint the town secretary.
2) The Town Secretary may be removed at the will and pleasure of the Town
Council pursuant to the Local Government Code.
b. Reporting and Compensation.
1) The Town Secretary shall report to the Town Manager.
2) The Town Manager shall fix the compensation of the Town Secretary, and the
Town Secretary's compensation may be amended, from time to time, in
accordance with the Town Secretary's experience, qualifications and
performance.
c. Responsibilities.
1) Give notice of all official public meetings of the Town Council in a manner
consistent with state laws;
2) Attend all public meetings and hearings of the Town Council;
3) Keep the minutes of the proceedings of all public official meetings and
hearings of the Town Council in a manner prescribed by the Town Council
consistent with applicable law;
4) Schedule and oversee all Town elections in accordance with the Texas
Election Code and any other applicable law;
5) Act as custodian of all official records of the Town Council;
6) Hold and maintain the seal of the Town and affix this seal to all appropriate
documents;
7) Authenticate by signature and seal and record all ordinances, resolutions and
proclamations of the Town; and
8) Perform such other duties as may be required by the Town Manager consistent
with this position and the laws of the State of Texas.
Sec. 2.164 Town Attorney.
a. Appointment and Removal.
1) The Town Council shall appoint by the affirmative vote of a majority of the full
membership of the Town Council a competent, duly qualified licensed and
practicing attorney in the State of Texas who shall serve as the Town Attorney.
2) The Town Attorney may be removed at the will and pleasure of the Town Council
pursuant to the Local Government Code.
Ordinance 857
Page 8 of 16
b. Responsibilities.
1) Serve as the legal advisor to the Town Council and Town Manager;
2) Represent the Town in litigation and legal proceedings as directed by the
Town Council and the Town Manager; and
3) Review and provide opinions as requested by the Town Council or Town
Manager on contracts, legal instruments, ordinances of the Town and other
Town business.
4) The Town Council shall have the right to retain special counsel at any time
that it may deem necessary and appropriate.
5) The Town Attorney and Special Counsel shall receive compensation as may
be determined by the Town Council.
The Town Attorney, with approval of the Town Council, may select additional attorneys to act
for him or her and the Town in its representation and/or litigation.
Sec. 2-165. - Office of town marshal.
(a) Created. The office of town marshal is hereby created pursuant to V.T.C.A. Local
Government Code § 341.021. The town marshal shall have all authority to serve as provided
for in state law. The town marshal must meet all qualifications of state law for this office.
(b) Bond and oath of office. The town marshal shall execute a bond as required by state law
and swear to an oath of office as required by state law.
(c) Duties. The town marshal shall act under the direction of the court administrator, and shall
perform the following duties:
(1) Execute warrants, subpoenas, and other legal process issuing out of the Town of
Westlake Municipal Court of Record No. 1, as determined by the court administrator.
(2) Execute other warrants of arrest, subpoenas, and legal process as authorized by law
and as determined by the court administrator.
(3) Serve as the court bailiff to the Town of Westlake Municipal Court of Record No. 1.
(4) Any other duties authorized by state law and assigned by the municipal court judge or
the court administrator.
(d) Appointment of town marshal by town manager. The town manager shall appoint the town
marshal and said position shall be included by the town manager in the annual budget to be
considered by the town council for the town.
(e) Right of town to establish support duties and positions. The town reserves the right to
establish duties and positions to support the deputies to the town marshal to function under
the policies and procedures adopted for said position by the Town of Westlake.
Secs. 2-166- 2-170. - Reserved.
ARTICLE V. TEXAS MUNICIPAL RETIREMENT SYSTEM
Sec. 2-171. - Participation in the retirement system.
(a) The town council of the town, on behalf of the town, hereby exercises its option and elects
to have this town and all of the employees of all departments now existing and those
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hereafter created participate in the system as provided in the Texas Municipal Retirement
System (TMRS) Act, V.T.C.A., Government Code § 851.001 et seq.
(b) The town manager is hereby directed to notify the board of trustees of the system that this
town has elected to participate in, and have the employees of this town covered in such
system.
(c) Each person who becomes an employee of this town on or after the effective date of
participation of this town whose position shall require more than 1,000 hours per year shall
become a member of the system as a condition of their employment.
(d) Each employee of this town who is a member of the system is eligible to retire and receive
a service retirement annuity if the member has at least 20 years of credited service in the
system performed for one or more municipalities that have adopted a like provision under
V.T.C.A., Government Code § 854.202(g).
(e) In accordance with the provisions of the TMRS Act, V.T.C.A., Government Code §
851.001 et seq., the deposits to be made to the system on account of current service of the
employees of the several participating departments are hereby fixed at the rate of seven
percent of the full earnings of each employee of said departments.
(f) Each employee who qualifies for such credit shall be allowed prior service credit (as
defined in V.T.C.A., Government Code § 853.101) at the rate of 100 percent of the base
credit of such member, calculated in the manner prescribed in 853.105.
(g) For each month of current service rendered to this town by each of its employees who are
members of the system, the town will contribute to the current service annuity reserve of
each such member at the time of his or her retirement, a sum that is 200 percent of such
member's accumulated deposits for such month of employment; and such sum shall be
contributed from this town's account in the municipality accumulation fund.
(h) The town secretary is hereby directed to remit to the board of trustees of the system, at its
office in Austin, Texas, the town contributions to the system and the amounts which shall be
deducted from the compensation or payroll of employees, all as required by such board
under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., and
such official is hereby authorized and directed to ascertain and certify officially on behalf of
this town the prior service rendered to such municipality by each of the employees of the
participating departments, and the average prior service compensation received by each of
the employees of the participating departments and make and execute all prior service
certifications and all other reports and certifications which may be required of the town
under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., or in
compliance with the rules and regulations of the board of trustees of the system.
(i) The town hereby elects to participate in the supplemental death benefits fund of the system
for the purpose of providing in-service death benefits for each of this town's employees who
are members of such system, and for the purpose of providing post retirement death benefits
for annuitants whose last covered employment was as an employee of this town, in the
amounts and on the terms provided for in V.T.C.A., Government Code §§ 852.004,
854.601—854.605, 855.314, 855.408 and 855.502.
(j) The town is hereby authorized and directed to notify the director of the system of adoption
of this ordinance, and of the participation of this town in such fund.
(k) Pursuant to V.T.C.A., Government Code § 855.407(g), the town hereby elects to make
future normal and prior service contributions to its account in the municipal accumulation
fund of the system at such combined rate of the total compensation paid by this town to
Ordinance 857
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employees who are members of the system, as the system's actuary shall annually determine
as the rate necessary to fund, within the amortization period determined as applicable to this
town under the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., the costs of all
benefits which are or may become chargeable to or to be paid out of this town's account in
such accumulation fund, regardless of other provisions of the TMRS Act, V.T.C.A.,
Government Code § 851.001 et seq., limiting the combined rate of town contributions.
Sec. 2-172. - Retirement system; updated service credits.
(a) On the terms and conditions set out in sections 853.401 through 853.404 of Subtitle G of
Title 8, Government Code, as amended, (hereinafter referred to as the "TMRS Act"), each
member of the Texas Municipal Retirement System (hereinafter referred to as the "system")
who has current service credit or prior service credit in the system in force and effect on
January 1 of the calendar year preceding such allowance, by reason of service in the
employment of the Town of Westlake (hereinafter called the "town") and on such date had
at least 36 months of credited service with the system, shall be and is hereby allowed
"updated service credit" (as that term is defined in subsection (d) of section 853.402 of the
TMRS Act).
(b) On the terms and conditions set out in section 853.601 of the TMRS Act, any member of
the system who is eligible for updated service credits on the basis of service with this town,
who has available credit for prior service and/or current service with another participating
municipality or municipalities by reason of previous service, and was a contributing member
on January 1 of the calendar year preceding such allowance shall be credited with updated
service credits pursuant to, calculated in accordance with, and subject to adjustment as set
forth in said section 853.601, both as to the initial grant hereunder and all future grants
under this section.
(c) The updated service credit hereby allowed and provided for shall be 100 percent of the
"base updated service credit" of the member (calculated as provided in subsection (c) of
section 853.402 of the TMRS Act).
(d) Each updated service credit allowed hereunder shall replace any updated service credit,
prior service credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(e) The initial allowance of updated service credit hereunder shall be effective on January 1,
2006, subject to approval by the board of trustees of the system. An allowance shall be made
hereunder on January 1 of each subsequent year until this section ceases to be in effect under
subsection (e) of section 853.404 of the TMRS Act, provided that, as to such subsequent
year, the actuary for the system has made the determination set forth in subsection (d) of
section 853.404 of the TMRS Act.
(f) In accordance with the provisions of subsection (d) of section 853.401 of the TMRS Act,
the deposits required to be made to the system by employees of the several participating
departments on account of current service shall be calculated from and after the effective
date of ordinance from which this section derives [January 1, 2006] on the full amount of
such person's compensation as an employee of the town.
Reserved 2-173 – 2-200
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ARTICLE V I. – FINANCE
DIVISION 1. - GENERALLY
Sec. 2-201. - Signatures on town checks.
All checks of more than $10,000.00 that are drawn on any of the town's accounts require two
signatures.
Sec. 2-202. - Findings incorporated.
The findings set forth in Ordinance No. 661 are incorporated into the body of this section as if
fully set forth herein.
Sec. 2-203. - Establishment of processing or handling fee.
A processing or handling fee of three percent is hereby established to be charged by the town at
the point of sale for processing or handling each time a credit card is used to pay a utility bill.
For the purposes of this section, a utility bill includes those charges commonly found on a town
utility bill, including but not limited to charges associated with water, sewer, trash, storm
drainage and optional donations. A processing or handling fee of five percent is hereby
established to be charged by the town at the point of sale for processing or handling each time a
credit card is used to pay all other municipal fees, fines or other charges. The town council finds
that said amounts are reasonably related to the expense incurred by the town in processing or
handling the credit card payment.
Sec. 2-204. - Establishment of service charge.
A service charge in an amount equivalent to that charged for the collection of a check drawn on
an account with insufficient funds is hereby established to be charged by the town if, for any
reason, a payment by credit card is not honored by the credit card company on which the funds
are drawn.
Secs. 2-205—2-220. - Reserved.
DIVISION 2. - FEES AND USE SCHEDULE
Sec. 2-221. - Schedule of fees and charges.
The fees and use charges authorized by the Town of Westlake Code of Ordinances, and any
ordinances approved by the town council whether codified or not, shall be contained within a
fees and use schedule that shall be approved by the town council of the Town of Westlake by
resolution. Copies of the approved fees and use schedule shall be maintained as a public record
in the office of the town secretary and will be available for public inspection and copying during
regular business hours.
Secs. 2-222—2-230. - Reserved.
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ARTICLE VII. - RECORDS MANAGEMENT
Sec. 2-231. - Definitions.
The following words, terms and phrases when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Department head means the officer who by ordinance, or administrative policy is in charge of an
office of the municipality that creates or receives records.
Director and librarian means the executive and administrative officer of the state library and
archives commission.
Essential record means any record of the town necessary to the resumption or continuation of its
operations in an emergency or disaster, to the re-creation of its legal and financial status, or to
the protection and fulfillment of obligations to the people of the state.
Municipal record means any document, paper, letter, book, map, photograph, sound or video
recording, microfilm, magnetic tape, electronic medium, or other information recording medium,
regardless of physical form or characteristic and regardless of whether public access to it is open
or restricted under the laws of the state, created or received by the town or any of its officers or
employees pursuant to law, including an ordinance, or in the transaction of public business. The
term does not include:
(1) Extra identical copies of documents created only for convenience of reference or research by
officers or employees of the town; (2) Notes, journals, diaries, and similar documents, created by
an officer or employee of the town for the officer's or employee's personal convenience; (3)
Blank forms; (4) Stocks of publications; (5) Library and museum materials acquired solely for
the purposes of reference or display; (6) Copies of documents in any media furnished to
members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or
other state law; or (7) Any records, correspondence, notes, memoranda, or documents, other than
a final written agreement described by V.T.C.A., Government Code § 2009.054(c), associated
with a matter conducted under an alternative dispute resolution procedure in which personnel of
a state department or institution, local government, special district, or other political subdivision
of the state participated as a party, facilitated as an impartial third party, or facilitated as the
administrator of a dispute resolution system or organization.
Permanent record means any record of the town for which the retention period on a records
control schedule is given as permanent.
Records control schedule means a document prepared by or under the authority of the records
management officer listing the records maintained by the town, their retention periods, and other
records disposition information that the records management program may require.
Records management means the application of management techniques to the creation, use,
maintenance, retention, preservation, and disposal of records for the purposes of reducing the
costs and improving the efficiency of recordkeeping. The term "records management" includes
the development of records control schedules, the management of filing and information retrieval
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systems, the protection of essential and permanent records, the economical and space-effective
storage of inactive records, control over the creation and distribution of forms, reports, and
correspondence, and the management of micrographics and electronic and other records storage
systems.
Records liaisons means the persons designated under section 2-237.
Records management officer means the person designated in section 2-234.
Records management plan means the plan developed under section 2-235.
Retention period means the minimum time that must pass after the creation, recording, or receipt
of a record, or the fulfillment of certain actions associated with a record, before it is eligible for
destruction.
Sec. 2-232. - Records declared public property.
(a) Municipal records created or received in the transaction of official business or the creation or
maintenance of which were paid for by public funds are declared to be public property and are
subject to the provisions of this article and V.T.C.A., Government Code § 441.151 et seq. (b) A
town officer or employee does not have, by virtue of the officer's or employee's position, any
personal or property right to a municipal record even though the officer or employee developed
or compiled it. (c) The unauthorized destruction, removal from files, or use of such records is
prohibited.
Sec. 2-233. - Policy.
It is hereby declared to be the policy of the town to provide for efficient, economical, and
effective controls over the creation, distribution, organization, maintenance, use, and disposition
of all municipal records through a comprehensive system of integrated procedures for their
management from creation to ultimate disposition, consistent with the requirements of the local
government records act (V.T.C.A., Local Government Code § 201.001 et seq.) and accepted
records management practice.
Sec. 2-234. - Designation of records management officer.
The town secretary, and the successive holders of such office, shall serve as records management
officer for the town. As provided by state law, each successive holder of the office shall file
his/her name with the director and librarian of the state library, within 30 days of the initial
designation or of taking up the office, as applicable.
Sec. 2-235. - Records management plan to be developed; approval; authority.
(a) The records management officer shall develop a records management plan for the town for
submission to the state library and archives commission. The plan must contain policies and
procedures designed to reduce the costs and improve the efficiency of recordkeeping, to
adequately protect the essential records of the municipality, and to properly preserve those
records of the municipality that are of historical value. The plan must be designed to enable the
records management officer to carry out his/her duties prescribed by state law and this article
effectively. (b) The records management plan shall be binding on all offices, departments,
Ordinance 857
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divisions, programs, commissions, bureaus, boards, committees, or similar entities of the town
and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with
the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements
of a department head do not exempt the department head or the records in the department head's
care from the application of this article and the records management plan adopted under it and
may not be used by the department head as a basis for refusal to participate in the records
management program of the town.
In addition to other duties assigned in this article or by state law, the records management officer
shall:
(1) Administer the records management program and provide assistance to department heads in
its implementation; (2) Plan, formulate, and prescribe records disposition policies, systems,
standards, and procedures; (3) In cooperation with department heads identify essential records
and establish a disaster plan to ensure maximum availability of the records in order to reestablish
operations quickly and with minimum disruption and expense; (4) Develop procedures to ensure
the permanent preservation of the historically valuable records of the town; (5) Establish
standards for filing and storage equipment and for recordkeeping supplies; (6) Study the
feasibility of and, if appropriate, establish a uniform filing system and a forms design and control
system for the town; (7) Provide records management advice and assistance to all municipal
departments by preparation of manuals of procedure and policy and on-site consultation; (8)
Monitor records retention schedules and administrative rules issued by the state library and
archives commission to determine if the records management program and the municipality's
records control schedules are in compliance with state regulations; (9) Disseminate to the town
council and department heads information concerning state laws and administrative rules relating
to local government records; (10) Instruct record liaisons and other personnel in policies and
procedures of the records management plan and their duties in the records management program;
(11) Instruct records liaisons and other personnel in the conduct of records inventories; (12)
Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the
records of the town are carried out in accordance with the policies and procedures of the records
management program and the requirements of state law; (13) Maintain records on the volume of
records destroyed under approved records control schedules or through records destruction
authorization requests, the volume of records microfilmed or stored electronically, and the
estimated cost and space savings as the result of such disposal or disposition; (14) Bring to the
attention of the town council noncompliance with the policies and procedures of the records
management program or the local government records act.
Sec. 2-236. - Duties and responsibilities of department heads.
In addition to other duties assigned in this article, department heads shall:
(1) Cooperate with the records management officer in carrying out the policies and procedures
established for the efficient and economical management of records and in carrying out the
requirements of this article; (2) Adequately document the transaction of government business
and the services, programs, and duties for which the department head and his or her staff are
responsible; and (3) Maintain the records in his or her care and carry out their preservation,
Ordinance 857
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microfilming, electronic storage, destruction, or other disposition only in accordance with the
policies and procedures of the records management program and the requirements of this article.
Sec. 2-237. - Designation of records liaisons.
Each department head shall designate a member of his or her staff to serve as records liaison
officer for the implementations of the records management program in the department. If the
records management officer determines that in the best interests of the records management
program more than one records liaison officer should be designated for a department, the
department head shall designated the number of records liaison officers specified by the records
management officer. Persons designated as records liaison officers shall be thoroughly familiar
with all the records created and maintained by the department and shall have full access to all
records of the records maintained by the department. In the event of the resignation, retirement,
dismissal, or removal by action of the department head of a person designated as a records
liaison officer, the department head shall promptly designated another person to fill the vacancy.
A department head may serve as records liaison officer for his or her department.
Sec. 2-238. - Duties and responsibilities of records liaisons.
In addition to other duties assigned in the article, records liaisons shall:
(1) Conduct or supervise the conduct of inventories of the records of the department in
preparation for the development of records control schedule; (2) In cooperation with the records
management officer coordinate and implement the policies and procedures of the records
management program in their departments; and (3) Disseminate information to department staff
concerning the records management program.
Sec. 2-239. - Records control schedules to be developed; approval; filing with state.
(a) The records management officer shall prepare records control schedules listing all records
series created or received and the retention period of each series. Records control schedules shall
also contain such other information regarding the disposition of records as the records
management plan or state law may require. (b) The records management officer shall review the
records control schedules of the town and prepare amendments to the schedules as needed to
reflect new records created or received by the town or revisions to retention periods established
in a records retention schedule issued by the state library and archives commission. Amendments
to records control schedules shall be filed with the director and librarian in the same manner as
the original schedules. (c) The records management officer shall submit the records control
schedules to the director and librarian, who must accept them for filing, as provided by state law,
before their implementation. If a schedule is not accepted for filing, the schedule shall be
amended to make it acceptable for filing.
Sec. 2-240. - Implementation of records control schedules; destruction of records under schedule.
(a) A records control schedule that has been approved and adopted under section 2-210 shall be
implemented according to the policies and procedures of the records management plan. (b) A
record whose retention period has expired on a records control schedule shall be destroyed unless
an open records request is pending on the record, the subject matter of the record is pertinent to a
pending law suit, or there is a request in writing to the records management officer that the
record be retained for an additional period. (c) Prior to the destruction of a record under an
Ordinance 857
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approved records control schedule, authorization for the destruction must be obtained by the
records management officer.
Sec. 2-241. - Destruction of unscheduled records.
A record that has not yet been listed on an approved records control schedule may be destroyed
if its destruction has been approved in the same manner as a record destroyed under an approved
schedule and the records management officer has submitted to and received back from the
director and librarian an approved destruction authorization request.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018
ATTEST:
_____________________________
____________________________ Laura Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM: ______________________________
Thomas E. Brymer, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 18, 2018
TOPIC: Consider approval of Resolution authorizing the Town Manager to enter
into an interlocal agreement with Tarrant County for fire protection and
emergency medical services.
STAFF CONTACT: Richard Whitten, Fire Chief
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Municipal &
Academic Operations
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Maximize Efficiencies
& Effectiveness
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: June 18, 2018 Completion Date: N/A
Funding Amount N/A Status - Funded Source - N/A
EXECUTIVE SUMMARY
The purpose of this interlocal agreement, is to enhance the continuity of fire and emergency
medicals services during times of emergencies for the protection of life and property.
Page 2 of 2
RECOMMENDATION
It is the Staff’s recommendation to authorize the Town Manager to enter into this agreement.
ATTACHMENTS
Resolution
Resolution 18-22
Page 1 of 8
TOWN OF WESTLAKE
RESOLUTION NO. 18-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH TARRANT COUNTY FOR FIRE PROTECTION AND
EMERGENCY MEDICAL SERVICES.
WHEREAS, the Town of Westlake, Texas (the "Town") and Tarrant County desire to
enter into an agreement for mutual aid for fire protection and emergency medical services; and,
WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas
Government Code; and
WHEREAS, the Town finds that the passage of this Resolution is in the best interest for
public safety for the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council hereby authorizes the Town
Manager to enter into the interlocal agreement, 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.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 18TH DAY OF JUNE 2018.
ATTEST:
_____________________________
Laura L. Wheat, Mayor
____________________________
Kelly Edwards, Town Secretary ______________________________
Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 18-22
Page 2 of 8
The State Of Texas
County of Tarrant
Agreement for Mutual Aid in Fire Protection
And
Emergency Medical Services
This Agreement is entered into by and between the agencies signatory to this agreement,
hereinafter referred to as “Member Local Entity,” “Parties,” or “Party.”
W I T N E S S E T H
WHEREAS, the governing body of the Member Local Entities, organized under the
general laws of the State of Texas, desire to secure for each Member Local Entity the benefits of
mutual aid in the protection of life and property from fire and in firefighting and emergency
medical services; and
WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas
Government Code;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.
The following terms shall have the following meanings when used in this Agreement:
(A) For purposes of this contract, “Member Local Entity” means a:
(1) county, municipality, special district, or other political subdivision of this state
or a state that borders this state; or
(2) volunteer fire department constituted under state law.
(B) For purposes of this contract, “mutual aid” refers to reciprocal assistance by emergency
services under a prearranged plan.
2.
That upon request by the Fire Chief or his/her designee or by the fire alarm operator of one
Member Local Entity to the fire department of the other Member Local entity, available fire
department equipment and personnel will be dispatched in aid of the requesting Member Local
Entity to any point within a reasonable distance of the jurisdictional limits of the responding Local
Entity, subject to the conditions hereinafter stated.
Resolution 18-22
Page 3 of 8
The Fire Chief of each Member Local Entity shall designate what constitutes a reasonable
travel distance outside the jurisdictional limits of the Local Entity.
It is hereby declared and agreed that an emergency condition shall exist within the
corporate limits of a requesting Member Local Entity when one or more emergencies are in
progress. When such an emergency exists, upon request of the Fire Chief, or his/her designee, or
by the fire alarm operator of a Member Local Entity in which the emergency condition exists (the
“requesting Local Entity”) to the fire department of another Member Local Entity (the “responding
Local Entity”), the Fire Chief or designee of the responding Local Entity will dispatch such fire
department equipment and personnel to the aid of the requesting Local Entity as he/she deems
advisable subject to the conditions hereinafter set out.
3.
Any dispatch of fire department equipment and personnel pursuant to this Agreement is
subject to the following conditions:
A. It is expressly understood and agreed that before responding in accordance with
this Agreement that each Member Local Entity will have an ordinance, resolution, rule, or
order adopted before the effective date of this Agreement which sets out the standard of
care for emergency action which substantially states the following: “Every officer, agent
or employee of the Member Local Entity and every officer, agent or employee of an
authorized provider of emergency services, including, but not limited to every unit of
government or subdivision thereof, while responding to emergency calls or reacting to
emergency situations, regardless of whether any declaration of emergency has been
declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized
to act or not to act in such a manner to effectively deal with the emergency. An action or
inaction is ‘effective’ if it in any way contributes or can reasonably be thought by the
provider of such emergency service to contribute to preserving any lives or property. This
Section shall prevail over every other ordinance, resolution, rule, or order of the Member
Local Entity and, to the extent to which the Member Local Entity has the authority to so
authorize, over any other law establishing a standard of care in conflict with this section.
Neither the Member Local Entity nor the employee, agent or officer thereof, or other unit
of government or subdivision thereof or its employees, agents or officers shall be liable for
failure to use ordinary care in such emergency. It is the intent of the Member Local Entity,
by passing this ordinance, resolution, rule, or order to assure effective action in emergency
situations by those entrusted with the responsibility of saving lives and property by
protecting such government units from liability, and their employees, agents and offices
from nonintentional tort liability to the fullest extent permitted by statutory and
constitutional law, this ordinance, resolution, rule or order shall be liberally construed to
carry out the intent of the Member Local Entity.”
B. Any request for assistance under this Agreement shall specify the amount and
type(s) of fire department equipment needed, the MAPSCO location, and the street address
to which the equipment and personnel are to be dispatched.
Resolution 18-22
Page 4 of 8
Upon a request for mutual aid assistance by a Member Local Entity, under the terms of this
agreement, the typical response set for personnel and equipment would be as follows: one
unit of firefighting apparatus, pumper (engine) or aerial (ladder), with a minimum of three
personnel, or a brush truck or water supply vehicle with a minimum of two personnel, or
an ambulance with a minimum of two personnel. However, variances to the typical
response set for personnel may be agreed upon at the time of the mutual aid request. The
Fire Chief of the responding Local Entity or his/her designee may dispatch additional
equipment and personnel.
Responding personnel must meet the minimum firefighting standards as established by
their jurisdiction or by the Texas Commission on Fire Protection whichever is applicable.
Texas Department of Health certified personnel (Emergency Care Attendant, Emergency
Medical Technician, and Paramedic) may provide emergency medical services to the
degree allowed by their certification and Medical Control.
Supervisory personnel, support equipment and personnel, or additional fire department
equipment and personnel may also be dispatched to the Member Local Entity by direction
of the Fire Chief of the responding Local Entity or his/her designee.
C. The requesting Local Entity must have a command system in place and an incident
commander in charge of the incident.
D. The senior fire representative from the responding Local Entity shall report to and be under
the direction of the requesting Local Entity Incident Commander, and will direct the
utilization of his/her resources to assist in mitigating the emergency in accordance with
accepted procedures.
However, if a member of a responding Local Entity is requested to perform a task that is
in conflict with the responding Local Entity’s internal policies, the responding Local Entity
retains the right to advise the officer in charge that the task cannot be completed. If
agreement cannot be reached on the issue, the responding Local Entity has the option of
leaving the scene. Each Party to this Agreement shall at all times be and remain legally
responsible for the conduct of their respective fire department employees regardless of
whether such employees were performing duties under this Agreement at the request of the
requesting Local Entity and regardless of whether such employees were acting under the
authority, direction, suggestion or orders of an officer of the requesting Local Entity. This
assignment of civil liability is specifically permitted by section 791.006(a-1) of the Texas
Government Code (“Code”) and is intended to be different than the liability otherwise
assigned under section 791.l006 (a) of the Code. Each Party hereby waives all claims
against the other Party for compensation for any loss, damage, personal injury or death
occurring as a consequence of the performance of the Agreement.
E. Fire department equipment and personnel from the responding Local Entity shall be
released by the Incident Commander as soon as they are no longer needed or when their
services are needed within their normal fire protection area.
Resolution 18-22
Page 5 of 8
F. In areas where common Member Local Entity jurisdictional lines exist, accurate
determination of jurisdiction may not be possible upon receipt of an alarm. In these cases,
the Local Entity receiving the alarm will dispatch its fire department equipment and
personnel and notify the other affected Local Entity of the alarm. If the emergency is not
within the jurisdictional limits of the responding Local Entity, it is agreed that the services
provided will be considered to have been provided pursuant to this Agreement.
4.
Each Local Entity waives all claims against the other Local Entity for compensation for
any loss, property damage, personal injury or death occurring as a consequence of the performance
of this Agreement.
Neither Member Local Entity shall be reimbursed by the other for costs incurred pursuant
to this Agreement, with the exception of supplies and consumable items.
5.
All equipment used by the responding fire department in carrying out this agreement will,
at the time of action hereunder, be owned by it; and personnel who perform duties pursuant to this
agreement shall receive the same payment, salary, pension, injury or death benefits, workers’
compensation benefits, payment of expenses, and all other compensation and rights for the
performance of those duties, as they would have received for their regular duties in the service of
the Member Local Entity which they serve. Each Member Local Entity shall be solely responsible
for the payment of its costs associated with providing fire department equipment and personnel
under this Agreement for up to twelve (12) consecutive hours of a Mutual Aid.
Thereafter, upon receipt of an invoice, all costs associated with the provision of Mutual
Aid lasting more than twelve consecutive hours shall be paid by the responding Local Entity and
reimbursed by the requesting Local Entity, to the extent permitted by law. Such costs include, but
are not limited to: compensation for personnel; operation and maintenance of equipment; damage
to equipment; and food, lodging and transportation expenses. Formulary to assist cost
determination will be based on the most current FEMA reimbursement schedules set by the
Stafford Act and chapter 418 of the Texas Government Code.
(1) Requests for reimbursement must be submitted as soon as practicable but no later than
sixty days after the return of all personnel deployed under this Agreement. Failure to
submit a request for reimbursement within the specified time frame will result in the
responding Local Entity not being reimbursed for the Mutual Aid provided unless the
requesting Local Entity extends the deadline for filing requests for reimbursement or the
Federal or State Government extends the deadline for filing request for reimbursement.
Such requests shall specifically identify all personnel, equipment, and resources provided;
dates of issuance or duration of deployment, and the unit cost and total costs associated
with each.
Resolution 18-22
Page 6 of 8
(2) The responding Local Entity shall be responsible for creating and maintaining a record of
all costs incurred, both reimbursed and unreimbursed costs, in providing Mutual Aid under
this Agreement. The record shall be kept for a period of three years from the date the
incident is closed.
(3) In the event federal or state funds are available for costs associated with the provision of
Mutual Aid, the Parties agree that the requesting Local Entity shall make the claim for the
eligible costs of the responding Local Entity on its subgrant application and will disburse
the federal or state share of funds to the responding Local Entity.
(4) Reimbursement under this Section will be made by the requesting Local Entity no later
than: (1) one-hundred eighty days after receipt of the request for reimbursement; or (2)
ninety days after the requesting Local Entity receives reimbursement from the federal or
state government, whichever is sooner.
6.
It is expressly understood that when an employee or volunteer of the responding Local
Entity is performing duties under the terms of this agreement, that person is considered to be acting
in the line of duty for the purposes of 34 U.S.C.A 10281; is considered to be in performance of
duties within the provisions of Chapter 142, Texas Local Government Code; and shall be entitled
to any other benefits which accrue under law as a result of injury, death, or loss which occurs while
in the line of duty.
7.
It is further understood and agreed that, in the execution of this Agreement and contract,
neither Member Local Entity waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
8.
This Agreement shall be interpreted under the laws of the State of Texas. The venue for
any lawsuit arising out of this Agreement will be the Fort Worth Division of the Northern District
of Texas if the lawsuit arises in Federal Court or Tarrant County, Texas if the matter arises in State
Court.
9.
The validity of this Agreement and of any of its terms or provisions, as well as the rights
and duties of the Parties hereunder, shall be governed by the laws of the State of Texas.
Resolution 18-22
Page 7 of 8
10.
Each Member Local Entity may terminate this Agreement upon thirty (30) days’ written
notice to the other Member Local Entity.
11.
In case one or more of the provisions contained in this Agreement shall be for any reason
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision, and this Agreement shall be construed as if
the invalid, illegal or unenforceable provision had never been contained in the Agreement.
12.
This Agreement contains all commitments and agreements of the Member Local Entities
regarding mutual fire protection and emergency medical service assistance, and no other prior oral
or written commitments shall have any force or effect.
13.
This Agreement shall become effective between the Parties hereto on the day after it is
fully executed and shall continue in effect for twelve (12) months from the effective date. This
Agreement shall renew automatically for a period of one year upon the completion of the initial
term and each subsequent term thereafter unless and until such time as the governing body of a
Party terminates its participation prior to the date of automatic renewal or as prescribed in Section
10 of this Agreement.
14.
This Agreement may be amended or modified by the mutual agreement of the Parties
hereto, in writing, to be attached to and incorporated into this Agreement.
15.
The undersigned Member Local Entities agree and certify they have complied with one of the
following provisions of this section based on if they are a Governmental Entity or Volunteer Fire
Department:
1. The Parties claiming to be exempt from the Form 1295 requirement acknowledge that they
are governmental entities and not business entities as those terms are defined in Tex. Gov’t
Code 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t
Code Section 2252.908 are required.
Resolution 18-22
Page 8 of 8
2. The Volunteer Fire Department acknowledges and agrees that it has fully, accurately, and
completely disclosed all interested parties in the attached Form 1295, and has
acknowledged the completeness of this disclosure by filing the Form 1295, attached as
Exhibit A, with the Texas Ethics Commission as required by law.
16.
This Agreement shall be executed by the duly authorized official(s) of the Party as
expressed in the approving ordinance, resolution, rule or order of the governing body of such Party,
a copy of which is attached hereto.
Executed this day of , 2018
Town of Westlake Name of Local Entity
Thomas E. Brymer Name
Town Manager
Title
Approved as to form: Approved as to form:
L. Stanton Lowry, Town Attorney Title
Attest: Attest:
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 18, 2018
TOPIC: Consider approval of Resolution approving $184,883 in change orders with Core
Construction for the construction of the Westlake Fire-EMS Station No. 1 project
and authorize the Town Manager to make funding changes via change order not to
exceed $25,000 on this project.
STAFF CONTACT: Troy J. Meyer, Facilities Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: December 12, 2016 Completion Date: January 31, 2019
Funding Amount $9,657,721 Status - Funded Source - Bond Issuance
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL
HISTORY)
On October 30, 2017 the Town Councial approved an agreement with Core Construction for a
guaranteed maximum price of $9,657,721 for the construction for the new Westlake Fire-EMS
Page 2 of 2
station No. 1. At the May 21st Town Council meeting staff presented the following alternates to
be added back into the project which does not have an impact on the approved GMP. These items
will be funded by the savings from final negotiations of the subcontractor agreement with Core
construction. Staff recommends the following change order be added back to the project:
• Wooden trellis $ 70,000
• Outdoor gas grill 9,200
• Exterior signs 20,079
• Electrical gate 28,277
• Fueling station 57,327
Total $184,883
The project includes three signs on the site plan at the following locations:
• Westlake Fire – EMS Department on the stone wall on the south east corner
• Westlake Fire department patch on the southside of the building
• The Number 1 on the east side of the bay
Staff is also recommending to remove the stone wall sign on the south east corner and install a
monument sign at the visitor entrance on Dove Road.
The estimated move in date is Feburary 2019.
RECOMMENDATION
It is the Staff’s recommendation to approve $184,883 in change orders for the construction of
Westlake Fire-EMS station No. 1.
ATTACHMENTS
Exhibit “A”
Resolution 18-23
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 18-23
A RESOLUTION OF THE TOWN COUNCIL TO AUTHORIZE THE TOWN MANAGER
TO APPROVE CHANGE ORDERS IN THE AMOUNT OF $184,883 TO THE
AGREEMENT WITH CORE CONSTRUCTION FOR THE CONSTRUCTION OF
THE WESTLAKE FIRE-EMS STATION NO. 1 PROJECT AND AUTHORIZE THE
TOWN MANAGER TO MAKE FUNDING CHANGES VIA CHANGE ORDER NOT TO
EXCEED $25,000 ON THIS PROJECT.
WHEREAS, the Town of Westlake will be constructing a new 18,000 square foot Fire -
EMS House 1; and,
WHEREAS, the Council desires to provide stakeholders with an iconic looking fire station
that serves the emergency services needs of the community and meets the community building
standards; and,
WHEREAS, the add alternates being added back into the project will not have an impact
on the approved GMP agreement with Core Construction; and
WHEREAS, the change orders will be funded through savings from the final negotiations
of the subcontractor agreement with Core Construction; and,
WHEREAS, the Town Council finds 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 Westlake Town Council does hereby authorize the Town Manager
to approve the change orders in the amount of $184,883 with Core Construction for the
construction of the Westlake Fire-EMS Station No. 1 project attached as Exhibit “A”.
SECTION 3: That, the Westlake Town Council hereby authorizes the Town Manager
and/or his designee to approve change orders to this agreement up to $25,000, in the aggregate, on
behalf of the Town of Westlake.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 18-23
Page 2 of 2
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Exhibit “A”
Resolution 18-23
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 11, 2018
TOPIC: Consider an Ordinance Amending Ordinance 756 by repealing Appendix
“A”, Allied Waste Franchised City Rates, dated December 14, 2015 and
replacing with Appendix “A”, Allied Waste Franchised Town Rates, dated
July 1 , 2018 to provide a rate increase for Republic Services Contract for
Solid Waste and Recycling services.
STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Fiscal
Stewardship
Exemplary Service &
Governance - We set the
standard by delivering
unparalleled municipal and
educational services at the
lowest cost.
Maximize
Efficiencies &
Effectiveness
Strategic Initiative
Evaluate Services and Determine if Fees are Appropriate
Time Line - Start Date: July 1, 2018 Completion Date: July 1, 2018
Funding Amount: N/A Status - N/A Source - Utility Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Town’s current Solid Waste and Recycling rates were last updated on December 14, 2015 in
combined with a 5 year contract extension by approval of Ordinance 756 and required rates to be
maintained until December 2017 after which a 3% rate increase could be requested.
Page 2 of 2
Allied waste has proposed the following base rate increase:
2016 2018 Increase
Solid Waste $8.40 $8.65 $0.25
Recycling $2.89 $3.89 $1.00
TOTAL $11.29 $12.54 $1.25
The majority of this increase is related to recycling costs associated with changes in the recycling
market as presented to Council during the Workshop session. The proposed rates would not be
effective until July 1, 2018 and placed on the July residential utility bills that will be mailed out
in August. Staff will begin a communication’s effort to inform residential and commercial
customers of any rate increase approved by Council.
The current contract extension approved in 2015 included a $1.84 charge per additional recycling
cart. The proposed rate schedule increases the charge per additional recycling cart from $1.84 to
$1.89 (0.5¢ increase).
RECOMMENDATION
Staff recommends approving the solid waste and recycling rate increase for Republic Services.
ATTACHMENTS
Ordinance with Appendix A
Ordinance 858
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 858
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING
ORDINANCE NO. 756 BY REPEALING APPENDIX “A”, ALLIED WASTE
FRANCHISED CITY RATES, DATED DECEMBER 14, 2015 AND REPLACING WITH
APPENDIX “A”, ALLIED WASTE FRANCHISED TOWN RATES, DATED JULY 1,
2018; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH;
PROVIDING A CUMULATIVE CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Westlake finds that it is in the best
interest of the citizens of Westlake to secure services for solid waste and recycling; and
WHEREAS, On November 26, 2001, the Town Council of the Town of Westlake
adopted Ordinance 408 to contract Trinity Waste Services for solid waste and recycling services;
and
WHEREAS, On August 30, 2010, the Town Council of the Town of Westlake adopted
Ordinance 642 that consented to the assignment of Trinity Waste Services contract for solid
waste and recycling services to Allied Waste; and
WHEREAS, On December 14, 2015 the Town Council of the Town of Westlake
adopted Ordinance 756 that provided a 5 year contract extension and rate increase to Allied
Waste for solid waste and recycling services; and
WHEREAS, The Town Council of the Town of Westlake finds that the rate amendment
set forth to the Ordinance is in the best interests of the health, safety, and welfare of the citizens
of Westlake.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all of the above premises are found to be true and correct and are
hereby incorporated into the body of this ordinance by reference as if copied in their entirety
herein.
SECTION 2: 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 858
Page 2 of 2
SECTION 3: That Ordinance 756 is hereby amended by repealing Appendix “A”,
Allied Waste Franchised City Rates, dated December 14, 2015 and replacing with Appendix
“A”, Allied Waste Franchised Town Rates, dated July 1, 2018.
SECTION 4: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 5: This ordinance shall take effect on July 1, 2018.
PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
Appendix "A"
ALLIED WASTE SERVICES
FRANCHISED TOWN RATES
TOWN OF WESTLAKE
COMMERCIAL FRONT-LOAD RATES
PICKUPS PER WEEK
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA
2 YD 56.40 88.37 120.33 152.30 184.24 216.22 24.44
3 YD 69.56 116.56 163.58 210.57 257.57 304.57 25.87
4 YD 84.62 141.02 197.41 253.81 310.23 366.63 27.30
6 YD 99.47 188.18 263.22 338.42 413.63 488.83 28.21
8 YD 146.14 240.66 334.66 428.66 522.68 616.69 29.63
COMMERCIAL ROLLOFF RATES
SIZE TYPE DELIVERY RENTAL HAUL DISPOSAL TOTAL DEPOSIT
PER DAY PER LD PER LD PER LD PER CONT
20 YD OPEN 75.71 3.24 148.32 162.23 310.54 216.00
25 YD OPEN 75.71 3.24 148.32 202.78 351.10 216.00
30 YD OPEN 75.71 3.24 148.32 243.34 391.65 216.00
35 YD OPEN 75.71 3.24 148.32 283.89 432.21 216.00
40 YD OPEN 75.71 3.24 148.32 324.45 472.77 216.00
28 YD COMP NEGO NEGO 148.32 288.89 437.21 NEGO
30 YD COMP NEGO NEGO 148.32 309.53 457.84 NEGO
35 YD COMP NEGO NEGO 148.32 361.11 509.43 NEGO
40 YD COMP NEGO NEGO 148.32 412.70 561.02 NEGO
42 YD COMP NEGO NEGO 148.32 433.34 581.65 NEGO
FRANCHISE FEE PERCENTAGE 12.00%12.00%
CASTERS:$10.82 /MONTH LOCKS:$1.08 /MONTH
RESIDENTIAL CURBSIDE:$8.65 /MONTH
RECYCLING CURBSIDE:$3.89 /MONTH
RESIDENTIAL & RECYCLING CURBSIDE TOTAL:$12.54 /MONTH
Additional Trash Cart $4.33 /MONTH
Additional Recycle Cart $1.89 /MONTH
EFFECTIVE DATE:7/1/2018 TOWN HALL PHONE #:817-430-0941
Ordinance 858
Page 1 of 1
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 18, 2018
TOPIC: Discussion and Consideration of a Resolution Appointing and
Reappointing Various Affiliate Board Members.
STAFF CONTACT: Kelly Edwards, Town Secretary and Tanya Morris, Administrative
Assistant to the Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Municipal &
Academic Operations
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: April 2, 2018 Completion Date: June 18, 2018
Funding Amount: 0.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Members with expiring terms have been contacted by the Town Secretary’s office and asked to
respond as to their desire to continue to serve as a board, commission, or committee member.
All current board members that expressed the desire to be reappointed are listed in the resolution.
RECOMMENDATION
N/A
ATTACHMENTS
Resolution
Resolution 18-24
Page 1 of 4
TOWN OF WESTLAKE
RESOLUTION NO. 18-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC
DEVELOPMENT BOARD; PLANNING AND ZONING COMMISSION; TEXAS
STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT
HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING CORPORATION –
DENTON PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION; AND
WESTLAKE HISTORICAL PRESERVATION SOCIETY, AND RESOLVING RELATED
MATTERS.
WHEREAS, the Town Council conduct annual board appointments and reappointments
at a June meeting; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT the following individuals are hereby appointed/reappointed to
the 4B Economic Development Board:
As a result of the appointments heretofore stated, the 4B Economic Development
Board is represented by the following:
Term Expiration
Laura Wheat, Mayor June 2020
Carol Langdon, Council Member June 2020
Michael Barrett, Council Member June 2020
Rick Rennhack, Council Member June 2020
Wayne Stoltenberg, Council Member June 2020
Alesa Belvedere, Council Member June 2020
Vacant, Non-Council Member June 2020
SECTION 3: THAT the following individuals are hereby appointed reappointed to
the Planning and Zoning Commission:
Resolution 18-24
Page 2 of 4
As a result of the appointments heretofore stated, the Planning and Zoning
Commission is represented by the following:
Term Expiration
Ken Kraska June 2019
Tim Brittan June 2019
Liz Garvin June 2020
Greg Goble June 2020
Michelle Lee June 2019
Sharon Sanden (Alternate member No. 1) June 2020
Vacant (Alternate member No. 2) June 2019
SECTION 4: THAT the following individuals are hereby reappointed to the Texas Student
Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing
Corporation – Denton Project, the Texas Student Housing Authority;
As a result of the appointments heretofore stated, the Texas Student Housing Authority
and the Texas Student Housing Corporation – Denton Project, are represented by the
following:
Term Expiration
Vacant June 2020
Paula Petersen June 2019
Scott Bradley June 2020
Katie Kolkmeier June 2020
James Krekow June 2019
Mark Harrow June 2019
Randall Quick June 2019
Executive Director – Tracy Schornack
SECTION 5: THAT the following individuals are hereby appointed/reappointed to the
Westlake Academy Foundation Board of Directors:
As a result of the appointments heretofore stated, the Westlake Academy Foundation is
represented by the following:
Term Expiration
Sean Shope June 2020
Zan Jones June 2020
Vacant June 2020
Christine Ross June 2020
Vacant June 2020
Leah Rennhack June 2021
Vacant June 2021
Wendy Greenwood June 2021
Resolution 18-24
Page 3 of 4
Deanna Titzler June 2021
Laura Luckett June 2021
Deborah Kraska June 2019
Karen Stoltenberg June 2019
Kevin Hansen June 2019
Adam Smith June 2019
Vacant June 2019
SECTION 6: THAT the following individuals are hereby appointed/reappointed to
the Westlake Historical Preservation Society:
As a result of the appointment heretofore stated, the Westlake Historical Preservation
Society, is represented by the following:
Term Expiration
Vacant June 2021
Thomas Miller June 2021
Daniel Zipperlen June 2021
Jon White June 2021
Kimberly Morris June 2021
Stephen Thornton June 2019
Paula Thornton June 2019
Patricia Rapp June 2019
Vacant June 2019
Staff Liaison- Town Manager or his appointee
SECTION 7: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 18-24
Page 4 of 4
SECTION 8: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018.
ATTEST: _____________________________
Laura Wheat, Mayor
______________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton 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 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal
matters involving pending or contemplated litigation regarding the Town’s
Soliciting ordinance.
c. 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 evaluation
- Town Manager search process
Town Council
Item # 5 – Executive
Session
Town Council
Item # 6 – Reconvene
Council Meeting
NECESSARY ACTION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect
that the governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of
a financial or other incentive to a business prospect described by Subdivision (1)
for the following:
- Charles Schwab
- Project Pegasus
- BRE Solana
- Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada and Granada
b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal
matters involving pending or contemplated litigation regarding the Town’s
Soliciting ordinance.
c. 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 evaluation
- Town Manager search process
Town Council
Item #7 – Necessary Action
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town Council
Item # 8 – Future Agenda
Items
Town Council
Item # 9 – Adjournment
Regular Session