HomeMy WebLinkAbout12-16-13 Agenda packetThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
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TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
December 16, 2013
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE DECEMBER 16, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
4. DISCUSSION ITEMS
a. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections. (15 min)
b. Discussion of the Process for Establishing a Public Improvement District (PID)
for the Entrada Development, the Petition Submitted to Establi sh a PID for
Entrada, and a Draft Service Assessment Plan for Same. (30 min)
c. Discussion regarding the proposed 2014 Town Council and Board of Trustees
meeting calendar. (10 min)
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. COUNCIL RECAP / STAFF DIRECTION
9. ADJOURNMENT
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Regular Session
1. CALL TO ORDER
2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens
to address the Council on any matter whether or not it is posted on the agenda. The
Council cannot by law take action nor have any discussion or deliberations on any
presentation made to the Council at this time concerning an item not listed on the agenda.
The Council will receive the information, ask staff to review the matter, or an item may be
noticed on a future agenda for deliberation or action.
3. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the November 11, 2013, meeting.
b. Consider approval of Resolution 13-38, Adopting the 2014 Town Council and
Board of Trustees meeting calendar.
4. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
5. RECONVENE MEETING
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
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7. 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.
8. COUNCIL CALENDAR
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, 3 Village Circle,
December 10, 2013, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government
Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the November 11, 2013, meeting.
b. Consider approval of Resolution 13-38, Adopting the 2014 Town Council
and Board of Trustees meeting calendar.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
DISCUSSION ITEMS
a. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections. (15 min0
b. Discussion of the Process for Establishing a Public Improvement District (PID) for
the Entrada Development, the Petition Submitted to Establish a PID for Entrada,
and a Draft Service Assessment Plan for Same. (30 min)
c. Discussion regarding the proposed 2014 Town Council and Board of Trustees
meeting calendar. (10 min)
Town of Westlake
Item # 4 –
Discussion Items
Standing agenda item during the construction project
d. Update and discussion regarding Westlake Academy Phase I expansion project
and enrollment projections. (10 min)
Town of Westlake
Item # 4d – No
Supporting
documentation
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estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, December 16, 2013
TOPIC: Discussion of the Process for Establishing a Public Improvement District (PID) for the
Entrada Development , the Petition Submitted to Establish a PID for Entrada, and a
Draft Service Assessment Plan for Same.
STAFF CONTACTS: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: October 28, 2013 TBD
Funding: Amount - None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
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EXECUTIVE SUMMARY
The owner of the development known as Entrada, located at the northeast corner of FM 1938
(Davis Blvd) and Solana Boulevard, has submitted a petition to the Town of Westlake to
establish a Public Improvement District (PID) for construction of public infrastructure in this
development. Next steps would include discussion of a proposed Service and Assessment Plan
(SAP) for this PID as well as a timeline for establishing the PID.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Previously this property was zoned for office and retail uses. In April of this year, after much
public input and meetings, the Town Council, with a unanimous recommendation from the
Planning & Zoning Commission, approved a request by the owner to amend the zoning in this
PD1-2 zoning district . Also in April of this year, prior to consideration of this zoning change
request, the land use plan component of the Town’s Comprehensive Plan was amended to
provide for the uses requested in the zoning change request for this property. The amended
zoning adds certain residential and entertainment uses in order to allow development of a mixed
use Planned Development on this tract. The zoning ordinance, as amended, is intended to
achieve a design that emulates a European style village with a Spanish architectural theme. The
development’s name is Entrada.
During the re-zoning approval process it was pointed out by Staff, as well as discussed by
Council, that if the zoning request was approved, the developer intended to submit to the
Town a petition to create a Public Improvement District (PID) to fund the construction of
the public infrastructure for this development. Further, in the Economic Development
with the developer of Entrada, the Town agreed to consider creating a PID for this
purpose. This Economic Development Agreement also was approved by the Town Council
in April of this year.
This agenda item is intended to continue discussion begun at the Council’s October 28, 2013
Workshop and the Council’s November 11, 2013 Workshop regarding this proposed PID. The
Staff has been reviewing various iterations of a draft Service and Assessment Plan (SAP) since
the petition to establish this PID was submitted by the owner of this tract. If the Council wishes
to move forward on establishing this PID, a specific timeline for establishing the PID will need
to be set for this as well. With the Development Plan and Preliminary Plat for Entrada now
approved by the Town Council, the developer is ready to move forward on establishment of a
PID for this property.
ATTACHMENTS
1. Proposed Calendar for PID Establishment in Westlake on the Entrada Property.
2. PID Petition 10 -18-13 for Entrada property.
3. Latest Draft of Service and Assessment Plan (SAP) for Westlake PID.
November 22, 2013
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Date:Action:
●Delivery of Draft Service & Assessment Plan ("SAP") to the Town
●Informational Presentation to Town Council on Westlake Public Improvement
District ("PID") Proposal
●Town Council Resolution Requiring Newspaper Notice and Mail Notice for PID
Creation Hearing, and setting PID Creation Hearing Date
●Town Council Hearing on PID Creation
●Town Council Adoption of Resolution creating PID
●Town Council Adoption of Resolution determining Cost of Authorized Improvements,
Setting Levy and Assessment Hearing Date
●Town Council Adopts Levy and Assessment Ordinance, including Final SAP
(subject to Bond Sale)
●Town Council Approves Distribution of Preliminary Official Statement ("POS")
●Pricing of the Bonds
●Special Town Council meeting to approve PID Bond Pricing, Levy of Special
Assessments and Final Bond Documents
●Close of Financing
*Holiday; market closed
*Town Council Meeting
Financing Schedule
Phase 1 Improvement Area Bonds, Series 2014
Solana Public Improvement District
Town of Westlake, Texas
April 17, 2014
April 2, 2014
January-14 February-14December-13
March 24, 2014
February 24, 2014
April 3, 2014
December 2, 2013
December 9, 2013
January 27, 2014
March-14 April-14
Page 1
Draft
MuniCap v1.0
WESTLAKE
PUBLIC IMPROVEMENT DISTRICT NO. 1
SERVICE AND ASSESSMENT PLAN
NOVEMBER 26, 2013
MuniCap v2.3
WESTLAKE
PUBLIC IMPROVEMENT DISTRICT NO. 1
SERVICE AND ASSESSMENT PLAN
Table of Contents
Section I Plan Description and Defined Terms 1
Section II Property Included in the PID 5
Section III Description of Authorized Improvements 6
Section IV Service Plan 9
Section V Assessment Plan 11
Section VI Terms of the Assessments 16
Section VII Assessment Roll 20
Section VIII Miscellaneous Provisions 21
List of Appendix
Appendix A The PID Map
Appendix B Estimated Costs of the Authorized Improvements
Appendix C Diagrams of the Authorized Improvements
Appendix D Land Use Class and Equivalent Units
Appendix E Assessment Roll
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Section I
PLAN DESCRIPTION AND DEFINED TERMS
A. Introduction
On ____________, (the “Creation Date”) the Town of Westlake Town Council passed and
approved Resolution No. _____________ approving and authorizing the creation of the
Westlake Public Improvement District No. 1 (the “PID”) to finance the costs of certain public
improvements for the benefit of property in the PID, all of which is located within the boundary
of the Town of Westlake.
Upon application of the current property owners, the property within the PID was zoned by
Ordinance No. 703 (the “Zoning Ordinance”) adopted by the Town on April 22, 2013, as
amended and including all required approvals. The Zoning Ordinance designates the type of land
uses that are permitted within the project and include development standards for each land use
type.
Chapter 372 of the Texas Local Government Code, “the Public Improvement Assessment Act”
(as amended, the “PID Act”), governs the creation and operation of public improvement districts
within the State of Texas. This Service and Assessment Plan has been prepared pursuant to the
PID Act and specifically Sections 372.013, 372.014, 372.015 and 372.016, which address the
requirements of a service and assessment plan and the assessment roll. According to
Section 372.013 of the PID Act, a service plan “must cover a period of at least five years and
must also define the annual indebtedness and the projected costs for improvements. The plan
shall be reviewed and updated annually for the purpose of determining the annual budget for
improvements.” The service plan is described in Section IV of this Service and Assessment Plan.
Section 372.014 of the PID Act states that “an assessment plan must be included in the annual
service plan.” The assessment plan is described in Section V of this Service and Assessment
Plan.
Section 372.015 of the PID Act states that “the governing body of the municipality or county
shall apportion the cost of an improvement to be assessed against property in an improvement
district.” The method of assessing the PID Costs and apportionment of such costs to the property
in the PID is included in Section V of this Service and Assessment Plan.
Section 372.016 of the PID Act states that “after the total cost of an improvement is determined,
the governing body of the municipality or county shall prepare a proposed assessment roll. The
roll must state the assessment against each parcel of land in the district, as determined by the
method of assessment chosen by the municipality or county under this subchapter.” The
Assessment Roll for the PID is included as Appendix E of this Service and Assessment Plan.
The Assessments as shown on the Assessment Roll are based on the method of assessment and
apportionment of costs described in Section V of this Service and Assessment Plan.
B. Definitions
Capitalized terms used herein shall have the meanings ascribed to them as follows:
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“Actual Cost(s)” means, with respect to an Authorized Improvement, the demonstrated,
reasonable, allocable, and allowable costs of constructing such Authorized Improvement, as
specified in a Certification for Payment that has been reviewed and approved by the Town.
Actual Cost may include (a) the costs for the design, planning, financing, administration,
management, acquisition, installation, construction and/or implementation of such Authorized
Improvement, including general contractor construction management fees, if any, (b) the costs of
preparing the construction plans for such Authorized Improvement, (c) the fees paid for
obtaining permits, licenses or other governmental approvals for such Authorized Improvement,
(d) the costs for external professional costs associated with such Authorized Improvement, such
as engineering, geotechnical, surveying, land planning, architectural landscapers, advertising,
marketing and research studies, appraisals, legal, accounting and similar professional services,
taxes (property and franchise) (e) the costs of all labor, bonds and materials, including equipment
and fixtures, incurred by contractors, builders and material men in connection with the
acquisition, construction or implementation of the Authorized Improvements, (f) all related
permitting, zoning and public approval expenses, architectural, engineering, legal, and consulting
fees, financing charges, taxes, governmental fees and charges (including inspection fees, County
permit fees, development fees), insurance premiums, miscellaneous expenses, and all advances
and payments for Administrative Expenses.
Actual Costs include general contractor’s fees in an amount up to a percentage equal to the
percentage of work completed and accepted by the City or construction management fees in an
amount up to five percent of the eligible Actual Costs described in a Certification for Payment.
The amounts expended on legal costs, taxes, governmental fees, insurance premiums, permits,
financing costs, and appraisals shall be excluded from the base upon which the general
contractor and construction management fees are calculated. Actual Costs also may be paid to
the Developer or any other person or entity only in the capacity of construction manager or only
in the capacity of general contractor but not both.
“Administrator” means the employee or designee of the Town who shall have the
responsibilities provided for herein, in the Trust Indenture related to a Bond issuance by the PID
or in any other agreement approved by the Town Council.
“Administrative Expenses” mean the administrative, organization, maintenance and operation
costs associated with, or incident to, the administration, organization, maintenance and operation
of the PID, including, but not limited to, the costs of: (i) creating and organizing the PID,
including conducting hearings, preparing notices and petitions, and all costs incident thereto,
including engineering fees, legal fees and consultant fees, (ii) the annual administrative,
organization, maintenance, and operation costs and expenses associated with, or incident and
allocable to, the administration, organization, and operation of the PID, (iii) computing, levying,
billing and collecting Assessments or the installments thereof, (iv) maintaining the record of
installments of the Assessments and the system of registration and transfer of the Bonds, (v)
paying and redeeming the Bonds, (vi) investing or depositing of monies, (vii) complying with the
PID Act and codes with respect to the Bonds, (viii) the Trustee fees and expenses relating to the
Bonds, including reasonable fees, (ix) legal counsel, engineers, accountants, financial advisors,
investment bankers or other consultants and advisors, and (x) administering the construction of
the Authorized Improvements. Administrative Expenses do not include payment of the actual
principal of, redemption premium, if any, and interest on the Bonds. Administrative Expenses
collected and not expended for actual Administrative Expenses shall be carried forward and
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applied to reduce Administrative Expenses in subsequent years to avoid the over-collection of
Administrative Expenses.
“Annual Installment” means, with respect to each Parcel, each annual payment of: (i) the
Assessment, as shown on the Assessment Roll attached hereto as Appendix E, as applicable, or
in an Annual Service Plan Update, and calculated as provided in Section VI of this Service and
Assessment Plan, (ii) Administrative Expenses, (iii) the prepayment reserve described in Section
IV of this Service and Assessment Plan, and (iv) the delinquency reserve as described in Section
IV of this Service and Assessment Plan.
“Annual Service Plan Update” has the meaning set forth in the first paragraph of Section IV of
this Service and Assessment Plan.
“Assessed Property” means the property that benefits from the Authorized Improvements to be
provided by the PID on which Assessments have been imposed as shown in the Assessment Roll,
as the Assessment Roll is updated each year by the Annual Service Plan Update. Assessed
Property includes Parcels within the PID other than Non-Benefited Property.
“Assessment” means the assessment levied against Parcels within the PID imposed pursuant to
the Assessment Ordinance and the provisions herein as shown on the Assessment Roll, subject to
reallocation upon the subdivision of such Parcel or reduction according to the provisions herein
and the PID Act.
“Assessment Ordinance” means an Assessment Ordinance adopted by the Town Council
approving the Service and Assessment Plan (including amendments or supplements to the
Service and Assessment Plan) and levying the Assessments.
“Assessment Revenues” mean the revenues actually received by the Town from Assessments.
“Assessment Roll” means the Assessment Roll or any other Assessment Roll in an amendment
or supplement to this Service and Assessment Plan or in an Annual Service Plan Update.
“Authorized Improvements” mean those public improvements described in Appendix B of this
Service and Assessment Plan and Section 372.003 of the PID Act, constructed and installed in
accordance with this Service and Assessment Plan, and any future updates and/or amendments.
“Authorized Improvement Costs” mean the actual or budgeted costs, as applicable, of all or
any portion of the Authorized Improvements, as shown in Appendix B.
“Bonds” mean any bonds issued by the City in one or more series and secured by the
Assessment Revenues.
“Certification for Payment” means the document to be provided by the Developer to
substantiate the Actual Cost of one or more Authorized Improvements.
“Delinquent Collection Costs” mean interest, penalties and expenses incurred or imposed with
respect to any delinquent installment of an Assessment in accordance with the PID Act and the
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costs related to pursuing collection of a delinquent Assessment and foreclosing the lien against
the Assessed Property, including attorney’s fees.
“Developer” means Maguire Partners – Solana Land, L.P.
“Equivalent Units” mean, as to any Parcel the number of dwelling units by Land Use Class or
non-residential development by type expected to be built on the Parcel multiplied by the factors
calculated and shown in Appendix D attached hereto.
“Land Use Class” means a classification of property with similar characteristics regarding the
intended use of the property (e.g. residential, retail, office, hotel etc.), as allowed by the Zoning
Ordinance.
“Lot” means a tract of land described as a “lot” in a subdivision plat recorded in the official
public records of Tarrant County, Texas.
“Non-Benefited Property” means Parcels within the boundaries of the PID that accrue no
special benefit from the Authorized Improvements, including Property Owner Association
Property, public property and easements that create an exclusive use for a public utility provider.
Property identified as Non-Benefited Property at the time the Assessments (i) are imposed or (ii)
are reallocated pursuant to a subdivision of a Parcel, is not assessed. Assessed Property
converted to Non-Benefited Property, if the Assessments may not be reallocated pursuant to the
provisions herein, remains subject to the Assessments and requires the Assessments to be prepaid
as provided for in Section VI. C. 2.
“Parcel” or “Parcels” means a parcel or parcels within the PID identified by either a tax map
identification number assigned by the Denton Central Appraisal District for real property tax
purposes or by lot and block number in a final subdivision plat recorded in the real property
records of Denton County.
“PID” has the meaning set forth in Section I.A of this Service and Assessment Plan.
“PID Act” means Texas Local Government Code Chapter 372, Public Improvement Assessment
Act, Subchapter A, Public Improvement Districts, as amended.
“Prepayment Costs” mean interest and expenses to the date of prepayment, plus any additional
expenses related to the prepayment, reasonably expected to be incurred by or imposed upon the
Town as a result of any prepayment of an Assessment.
“Property Owner Association Property” means property within the boundaries of the PID that
is owned by or dedicated to, whether in fee simple or through an exclusive use easement, a
property owners’ association. All Property Owner Association Property will be identified on
approved plats.
“Public Property” means property within the boundaries of the PID that is owned by or
irrevocably offered for dedication to the federal government, the State of Texas, Denton County,
the Town, a school district or any other public agency, whether in fee simple or through an
exclusive use easement.
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“Service and Assessment Plan” means this Service and Assessment Plan prepared for the PID
pursuant to the PID Act, as the same may be amended from time to time.
“Town” means the Town of Westlake, Texas.
“Town Council” means the duly elected governing body of the Town.
“Trust Indenture” means the indenture, ordinance or similar document setting forth the terms
and other provisions relating to the Bonds, as modified, amended, and/or supplemented from
time to time.
“Trustee” means the fiscal agent or trustee as specified in the Trust Indenture, including a
substitute fiscal agent or trustee.
“Zoning Ordinance” has the meaning set forth in Section I.A of this Service and Assessment
Plan.
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Section II
PROPERTY INCLUDED IN THE PID
Property Included in the PID
The PID is presently located within the Town of Westlake, Texas and contains approximately 85
acres of land. The owner of the property intends to request annexation of the property into the
Town limits. A map of the property within the PID is shown on Appendix A to this Service and
Assessment Plan.
At completion, the PID is expected to consist of approximately 322 residential units,
approximately 1,235,599 square feet of non-residential development, landscaping, and
infrastructure necessary to provide roadways, drainage, and utilities to the PID. The estimated
number of lots and the classification of each lot are based upon the Zoning Ordinance.
The property within the PID is proposed to be developed as follows:
Table II-A
Proposed Development
Type
Planned
No. of
Units
Unit of
Measure
Residential
Residential – Non-waterside Condo I 22 Units
Residential - Waterside Villa - Detached 24 Units
Residential - Waterside Condo 86 Units
Residential – Hillside Villa 110 Units
Residential - Non-waterside Condo II 24 Units
Residential - Waterside Villa - Attached 56 Units
Subtotal - Residential 322 Units
Non-residential
Hotel 322,100 Sq. Ft
Retail 151,599 Sq. Ft
Waterfront Retail 102,000 Sq. Ft
Convalescence 231,600 Sq. Ft
Office 428,300 Sq. Ft
Subtotal – Non-residential 1,235,599 Sq. Ft
The current Parcels in the PID are shown on the Assessment Roll included as Appendix E and
the map included as Appendix A.
The estimated number of units at the build-out of the PID is based on the land use approvals for
the property, the anticipated subdivision of property in the PID, and the Developer’s estimate of
the highest and best use of the property within the PID subject to the land use approvals.
7
Section III
DESCRIPTION OF THE AUTHORIZED IMPROVEMENTS
A. Authorized Improvement Overview
Section 372.003 of the PID Act defines the improvements that may be undertaken by a
municipality or county through the establishment of a public improvement district, as follows:
372.003. Authorized Improvements
(a) If the governing body of a municipality or county finds that it promotes the interests of
the municipality or county, the governing body may undertake an improvement project
that confers a special benefit on a definable part of the municipality or county or the
municipality’s extraterritorial jurisdiction. A project may be undertaken in the
municipality or county or the municipality’s extraterritorial jurisdiction.
(b) A public improvement may include, among others:
(i) landscaping;
(ii) erection of fountains, distinctive lighting, and signs;
(iii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting
of sidewalks or of streets, any other roadways, or their rights-of way;
(iv) construction or improvement of pedestrian malls;
(v) acquisition and installation of pieces of art;
(vi) acquisition, construction, or improvement of libraries;
(vii) acquisition, construction, or improvement of off-street parking facilities;
(viii) acquisition, construction, or improvement of water, wastewater, or drainage
facilities or improvements;
(ix) the establishment or improvement of parks;
(x) projects similar to those listed in Subdivisions (i)-(x);
(xi) acquisition, by purchase or otherwise, of real property in connection with an
authorized improvement;
(xii) special supplemental services for improvement and promotion of the district,
including services relating to advertising, promotion, health and sanitation,
water and wastewater, public safety, security, business recruitment,
development, recreation, and cultural enhancement; and
(xiii) payment of expenses incurred in the establishment, administration and
operation of the district.
8
After analyzing the public improvement projects authorized by the PID Act, the Town has
determined that the Authorized Improvements as described in Appendix B and shown on the
diagram included as Appendix C should be undertaken by the Town for the benefit of the
property within the PID.
B. Description of the Authorized Improvements
The Authorized Improvements benefit the entire PID. The costs of the Authorized Improvements
are allocated proportionally throughout the entire PID, excluding Non-benefited Property, in a
manner that anticipates planned development of the PID based on the Equivalent Units as
calculated and shown in Appendix D using the planned Land Use Class and anticipated number
of units.
The Authorized Improvements are described below. The costs of the Authorized Improvements
are shown in Table III-A. The costs shown in Table III-A are estimates and may be revised in
Annual Service Plan Updates, including such other improvements as deemed necessary to further
improve the properties within the PID.
The Authorized Improvements include roadway improvements, water distribution system
improvements, storm sewer collection system improvements, wastewater collection system
improvements and landscaping & public park improvements.
Road Improvements
The roadway improvements include approximately 49,116 SY 6-inch reinforced concrete
pavement, 34,506 SY 8-inch reinforced concrete pavements, 89,500 SY 8-inch treated subgrade
compacted 95% SPD, striping, street signage and signals, turn lanes and bridges. A detailed
description of the roadway improvements and the related costs are provided in the engineering
cost estimates included as Appendix B. All roadway improvements will be constructed according
to the Town requirements. See Table III-A for cost details.
Water Distribution System Improvements
The water distribution system improvements consist of approximately 15,640 linear feet of 12-
inch water lines, approximately 6,149 linear feet of 8-inch water lines, fire hydrants and trench
safety. A detailed description of the water distribution system improvements and the related
costs are provided in the engineering cost estimates included as Appendix B. All water
distribution system improvements will be constructed according to the Town requirements. See
Table III-A for cost details.
Sanitary Sewer Improvements
The sanitary sewer collection system improvements consist of approximately 14,554 linear feet
of 8-inch PVC including sewer laterals, manholes and trench safety. A detailed description of
the sanitary sewer collection system improvements and the related costs are provided in the
engineering cost estimates included as Appendix B. All sanitary sewer collection system
improvements will be constructed according to the Town requirements. See Table III-A for cost
details.
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Storm Drainage Improvements
The storm sewer collection system improvements consist of approximately 6,014 linear feet of
various sized RCP pipes, manholes, junction boxes, inlets, headwalls and trench safety. A
detailed description of the storm sewer collection system improvements and the related costs are
provided in the engineering cost estimates included as Appendix B. All storm sewer collection
system improvements will be constructed according to the Town requirements. See Table III-A
for cost details.
Landscaping
The landscaping and public park improvements include the creation of a 12-acre central lake,
planting vineyards, trees, rubble stone walls and pathways on approximately 9 acres of the
perimeter of the development, the installation of over 2 ½ miles of 8-12’ wide concrete paths
with seating areas, and public lighting details including bollards, gathering area lighting and
street lighting. See Table III-A for cost details.
The water and sanitary sewer improvements listed above help create the grid for the water line
system and the sanitary sewer collection system for the property. In addition, the storm sewer
improvements allows for the runoff created in each parcel and block area to get to the large
central lake, which also serves as storm water detention for the entire site. The paving
improvements create the traffic circulation patterns within the property, allowing access to and
from the adjacent roadways to each interior parcel and block area.
Table III-A
Estimated Authorized Improvement Costs
Authorized Improvements
Total
Estimated the
PID Costs
Road improvements $6,264,218
Water distribution system improvements $1,046,349
Sanitary sewer collection system improvements $2,403,311
Storm sewer collection system improvements $4,374,543
Landscaping improvements $3,271,500
Inspection and performance bonds $1,191,960
Engineering, surveying and construction administration $2,543,938
Contingency $1,817,099
Total – Estimated Authorized Improvement Costs $22,912,917
The costs shown in Table III-A are current estimates and may be revised in Annual Service Plan
Updates. The detailed costs of the Authorized Improvements are shown in Appendix B to this
Service and Assessment Plan. Savings from one line item may be applied to a cost increase in
another line item. These savings may be applied only to increases in costs of the Authorized
Improvements (i.e., the improvements for the benefit of property within the PID).
10
Section IV
SERVICE PLAN
A. Sources and Uses of Funds
The PID Act requires the service plan to cover a period of at least five years. The service plan is
required to define the annual projected costs and indebtedness for the Authorized Improvements
undertaken within the PID during the five year period. It is anticipated that it will take
approximately 24 months for the Authorized Improvements to be constructed.
The estimated Authorized Improvement Costs including costs related to the issuance of the
Bonds and payment of expenses incurred in the establishment, administration and operation of
the PID is $28,600,000 as shown in Table IV-A. The service plan shall be reviewed and updated
at least annually for the purpose of determining the annual budget for Administrative Expenses,
updating the estimated Authorized Improvement costs, and updating the Assessment Roll. Any
update to this Service and Assessment Plan is herein referred as an “Annual Service Plan
Update.”
Table IV-A summarizes the sources and uses of funds required to construct the Authorized
Improvements, establish the PID, and issue the Bonds. The sources and uses of funds shown in
Table V-A shall be updated each year in the Annual Service Plan Update to reflect any budget
revisions and Actual Costs.
Bonds are expected to be issued starting 2014. Table IV-A shows the sources and uses of the
Bonds.
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Table IV-A
Estimated Sources and Uses
Sources of Funds Total
Estimated Bond par amount $28,600,000
Developer Funds $2,200,375
Total Sources $30,800,375
Uses of Funds
Authorized Improvements
Road improvements $6,264,218
Water distribution system improvements $1,046,349
Sanitary sewer improvements $2,403,311
Storm drainage improvements $4,374,543
Landscaping improvements $3,271,500
Inspection and performance bonds $1,191,960
Engineering, surveying and construction administration $2,543,938
Contingency $1,817,099
Subtotal $22,912,917
Bond issue costs
Capitalized interest $3,080,458
Debt service reserve $2,860,000
Other Bond issuance related costs $1,947,000
Subtotal $7,887,458
Total Uses $30,800,375
The Bonds in Table IV-A are anticipated to be issued starting 2014.
The annual projected costs and annual projected indebtedness is shown by Table IV-B. The
annual projected costs and indebtedness are subject to revision and each shall be updated in the
Annual Service Plan Update to reflect any changes in the costs or indebtedness expected for each
year.
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Table IV-B
Annual Projected Costs and Annual Projected Indebtedness
Year
Annual Projected
Cost
Annual Projected
Indebtedness
Sources other than
PID Bonds
2014 $30,800,375$28,600,000$2,200,375
2015 $0 $0 $0
2016 $0 $0 $0
2017 $0 $0 $0
2018 $0 $0 $0
$30,800,375$28,600,000$2,200,375
The annual projected costs shown in Table V-B are the annual expenditures relating to the
Authorized Improvement Costs shown in Table III-A and the costs associated with setting up the
PID and Bond issuance costs including reserves shown in Table V-A. The difference between
the total projected cost and the total projected indebtedness is the amount contributed by the
Developer.
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Section V
ASSESSMENT PLAN
A. Introduction
The PID Act requires the Town Council to apportion the PID Costs on the basis of special
benefits conferred upon the property because of the Authorized Improvements. The PID Act
provides that the PID Costs may be assessed: (i) equally per front foot or square foot; (ii)
according to the value of the property as determined by the governing body, with or without
regard to improvements on the property; or (iii) in any other manner that results in imposing
equal shares of the cost on property similarly benefited. The PID Act further provides that the
governing body may establish by ordinance or order reasonable classifications and formulas for
the apportionment of the cost between the municipality and the area to be assessed and the
methods of assessing the special benefits for various classes of improvements.
For purposes of this Service and Assessment Plan, the Town Council has determined that the
Authorized Improvement Costs shall be allocated to the Assessed Property as described below:
1. The Authorized Improvement Costs shall be allocated to the Assessed Property on the
basis of the relative value of Parcels once such property is developed, and that such
method of allocation will result in the imposition of equal shares of the Authorized
Improvement Costs to Parcels similarly benefited.
2. The Town Council has concluded that larger more expensive homes are likely to be built
on the larger lots, and that larger more expensive homes are likely to make greater use of
and receive greater benefit from the Authorized Improvements. In determining the
relative values of Parcels, the Town Council has taken in to consideration (i) the type of
development (i.e., residential, commercial, etc), (ii) single-family lot sizes and the size of
homes likely to be built on lots of different sizes, (iii) current and projected home process
provided by the Developer, (iv) the Authorized Improvements to be provided and the
estimated costs, and (v) the ability of different property types to utilize and benefit from
the improvements.
3. The Assessed Property is classified into different Land Use Classes as described in
Appendix D based on the type and size of proposed development on each Parcel.
4. Equivalent Units are calculated for each Land Use Class based on the relative value of
each Land Use Class.
5. The Authorized Improvement Costs that benefit the Assessed Property are proportionally
allocated to the Assessed Property based on the total Equivalent Units estimated for each
Parcel of Assessed Property.
Table V-A provides the estimated allocation of costs of the Authorized Improvements.
This section of this Service and Assessment Plan currently describes the special benefit received
by each Parcel within the PID as a result of the Authorized Improvements, provides the basis and
justification for the determination that this special benefit exceeds the amount of the
Assessments, and establishes the methodologies by which the Town Council allocates and
reallocates the special benefit of the Authorized Improvements to Parcels in a manner that results
in equal shares of the Actual Costs being apportioned to Parcels similarly benefited. The
determination by the Town Council of the assessment methodologies set forth below is the result
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of the discretionary exercise by the Town Council of its legislative authority and governmental
powers and is conclusive and binding on the Developer and all future owners and developers of
the Assessed Property.
B. Special Benefit
Assessed Property must receive a direct and special benefit from the Authorized Improvements,
and this benefit must be equal to or greater than the amount of the Assessments. The Authorized
Improvements are provided specifically for the benefit of the Assessed Property. The Authorized
Improvements (more particularly described in line-item format in Appendix B to this Service and
Assessment Plan) and the costs of issuance and payment of costs incurred in the establishment of
the PID shown in Table IV-A are authorized by the Act. These improvements are provided
specifically for the benefit of the Assessed Property.
Each owner of the Assessed Property has acknowledged that the Authorized Improvements
confer a special benefit on the Assessed Property and has consented to the imposition of the
Assessments to pay for the Actual Costs associated therewith. Each of the owners is acting in its
interest in consenting to this apportionment and levying of the Assessments because the special
benefit conferred upon the Assessed Property by the Authorized Improvements exceeds the
amount of the Assessments.
The public improvements provide a special benefit to the Assessed Property as a result of the
close proximity of these improvements to the Assessed Property and the specific purpose of
these improvements of providing infrastructure for the Assessed Property. In other words, the
Assessed Property could not be used in the manner proposed without the construction of the
Authorized Improvements. The Authorized Improvements are being provided specifically to
meet the needs of the Assessed Property as required for the proposed use of the property.
The Assessments are being levied to provide the Authorized Improvements that are required for
the highest and best use of the Assessed Property (i.e., the use of the property that is most
valuable, including any costs associated with that use). Highest and best use can be defined as
“the reasonably probable and legal use of property, which is physically possible, appropriately
supported, financially feasible, and that results in the highest value.” (Dictionary of Real Estate
Appraisal, Third Edition.) The Authorized Improvements are expected to be required for the
proposed use of the Assessed Property to be physically possible, appropriately supported,
financially feasible, and maximally productive.
The Developer has evaluated the potential use of the property and has determined that the
highest and best use of the property is the use intended and the legal use for the property as
described in Section II of this Service and Assessment Plan. The use of the Assessed Property as
described herein will require the construction of the Authorized Improvements.
The special assessments will repay financing that is on advantageous terms, as the Bonds issued
to finance the public improvements will pay interest that is exempt from federal income tax. As
a result, all other terms being equal (e.g., maturity, fixed vs. variable rate, credit quality), the tax-
exempt bonds will have a lower interest rate than debt that is not tax-exempt. The bonds also
have a longer term than other available financings and may either be repaid or assumed by a
15
buyer at the buyer’s option. As a result of these advantageous terms, the financing provided by
the PID is the most beneficial means of financing the Authorized Improvements.
Pursuant to the Landowner’s Agreement, each owner of the Assessed Property has ratified,
confirmed, accepted, agreed to and approved; (i) the determinations and finding by the Town
Council as to the special benefits described in this Service and Assessment Plan and the
Assessment Ordinance; (ii) the Service and Assessment Plan and the Assessment Ordinance, and
(iii) the levying of Assessments on the Assessed Property. Use of the Assessed Property as
described in this Service and Assessment Plan and as authorized by the Zoning Ordinance
requires that Authorized Improvements be acquired, constructed, installed, and/or improved.
Funding the Actual Costs through the PID has been determined by the Town Council to be the
most beneficial means of doing so. As a result, the Assessments result in a special benefit to the
Assessed Property, and this special benefit exceeds the amount of the Assessment. This
conclusion is based on and supported by the evidence, information, and testimony provided to
the Town Council.
In summary, the Assessments result in a special benefit to the Assessed Property for the
following reasons:
1. The Authorized Improvements are being provided specifically for the use of the Assessed
Property, are necessary for the proposed best use of the property and provide a special
benefit to the Assessed Property as a result;
2. The Developer has consented to the imposition of the Assessments for the purpose of
providing the Authorized Improvements and the Developer is acting in its interest by
consenting to this imposition;
3. The Authorized Improvements are required for the highest and best use of the property;
4. The highest and best use of the Assessed Property is the use of the Assessed Property that
is most valuable (including any costs associated with the use of the Assessed Property);
5. Financing of the PID Costs by the PID is determined to be the most beneficial means of
providing for the Authorized Improvements; and,
6. As a result, the special benefits to the Assessed Property from the Authorized
Improvements will be equal to or greater than the Assessments.
C. Assessment Methodology
The Actual Costs may be assessed by the Town Council against the Assessed Property so long as
the special benefit conferred upon the Assessed Property by the Authorized Improvements equals
or exceeds the Assessments. The Actual Costs may be assessed using any methodology that
results in the imposition of equal shares of the Actual Costs on Assessed Property similarly
benefited.
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For purpose of this Service and Assessment Plan, the Town Council has determined that the
Actual Costs of the Authorized Improvements to be financed with the Bonds shall be allocated to
the Assessed Property by spreading the entire Assessment across the Parcels based on the
estimated Equivalent Units as calculated and shown in Appendix D using the types and number
of lots anticipated to be developed on each Parcel of the Assessed Property. As part of the
determination as to the ability of different Land Use Classes to utilize and benefit from the
Authorized Improvements, the Town Council has taken into consideration that larger, more
expensive homes, on average, will create more vehicle trips and greater demands for water and
wastewater consumption, and larger, more expensive homes are likely to be built on larger, more
valuable lots.
Based on the estimates of the costs of the Authorized Improvements that benefit the Assessed
Property, as provided by G&A Consultants, LLC., and set forth in Table III-A, the Town Council
has determined that the benefit to Assessed Property is at least equal to the Assessments levied
on the Assessed Property.
Upon subsequent divisions of any Parcel, the Assessment applicable to it will then be
apportioned pro rata based on the Equivalent Units of each newly created Parcel. For residential
Lots, when final residential building sites are platted, Assessments will be apportioned
proportionately among each Land Use Class based on the ratio of the Equivalent Unit applicable
to each Land Use Class at the time Lots are platted to the total Equivalent Units of all Lots in the
platted Parcel, as determined by the Administrator and confirmed by the Town Council. The
result of this approach is that each final Lot within a recorded subdivision plat with similar
values will have the same Assessment, with larger, more valuable Lots having a proportionately
larger share of the Assessments than smaller, less valuable Lots. As part of the determination as
to the ability of different Land Use Classes to utilize and benefit from the Authorized
Improvements, the Town Council has taken into consideration that larger, more expensive
homes, on average, will create more vehicle trips and greater demands for water and wastewater
consumption, and larger, more expensive homes are likely to be built on larger, more valuable
lots.
The Assessment and Annual Installments for each Parcel or Lot of Assessed Property is shown
on the Assessment Roll, attached as Appendix E, and no Assessment shall be changed except as
authorized by this Service and Assessment Plan or the PID Act.
As shown in Section IV of this Service and Assessment Plan, the total amount of the Bonds,
which represents the total Assessment to be allocated on all Parcels within the PID, is
$28,600,000. As shown in Appendix D, there are a total of 433.60 estimated Equivalent Units in
the PID, resulting in an Assessment per Equivalent Unit of $65,956.09 ($28,650,000 ÷ 433.62 =
$65,956.09).
The Assessment per dwelling unit or acre is calculated as the product of (i) $65,956.09
multiplied by (ii) the applicable Equivalent Unit value for each Land Use Class. For example,
the Assessment for a Land Use Class 1 (Condo – Non-waterside 1) dwelling unit is $65,956.09
(i.e. $65,956.09 × 1.00). Land Use Class 1 (Villa – Waterside Detached) dwelling unit is
$54,743.56 (i.e. $65,956.09 × 0.83). Table E-2 sets forth the Assessment per dwelling unit for
each of the Land Use Classes in the PID.
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Table V-1
Assessment per Unit
Type
Planned
No. of
Units
Assessment
per
Equivalent
Unit
Equivalent
Unit
Factor Assessment per Unit Total
Assessments
Residential
Land Use Class 1 22 $65,956.091.00 $65,956.09 per dwelling unit $1,451,034
Land Use Class 2 26 $65,956.090.83 $54,743.56 per dwelling unit $1,423,332
Land Use Class 3 86 $65,956.090.74 $48,807.51 per dwelling unit $4,197,446
Land Use Class 4 110 $65,956.090.62 $40,892.78 per dwelling unit $4,498,205
Land Use Class 5 24 $65,956.090.60 $39,573.66 per dwelling unit $949,768
Land Use Class 6 54 $65,956.090.47 $30,999.36 per dwelling unit $1,673,966
Land Use Class 7 322.10 $65,956.090.21 $13,850.78 per 1,000 Sq. Ft $4,461,336
Land Use Class 8 151.60 $65,956.090.19 $12,531.66 per 1,000 Sq. Ft $1,899,787
Land Use Class 9 102.00 $65,956.090.18 $11,872.10 per 1,000 Sq. Ft $1,210,954
Land Use Class 10 231.60 $65,956.090.17 $11,212.54 per 1,000 Sq. Ft $2,596,823
Land Use Class 11 428.30 $65,956.090.15 $9,893.41 per 1,000 Sq. Ft $4,237,349
Total $28,600,000
D. Assessments
The Assessments for the Bonds will be levied on each Parcel according to the Assessment Roll,
attached hereto as Appendix E. The Annual Installments for the Bonds will be collected at the
time and in the amounts shown on the Assessment Roll, subject to any revisions made during an
Annual Service Plan Update.
E. Administrative Expenses
The cost of administering the PID and collecting the Annual Installments shall be paid for on a
pro rata basis by each Parcel based on the amount of Assessment levied against the Parcel. The
Administrative Expenses shall be collected as part of and in the same manner as Annual
Installments in the amounts shown on the Assessment Roll, which may be revised based on
actual costs incurred in Annual Service Plan Updates.
G. Prepayment Reserve
Pursuant to the PID Act, the interest rate for Assessments may exceed the actual interest rate per
annum paid on the related Bonds by no more than one half of one percent (0.50%). The interest
rate used to determine the Assessments is one half of one percent (0.50%) per annum higher than
the actual rate paid on the Bonds, with up to 0.20% allocated to fund the associated interest
charged between the date of prepayment of an Assessment and the date on which Bonds are
prepaid and up to 0.30% allocated to fund a delinquency reserve account as described below.
The prepayment reserve shall be funded until it reaches __% of the outstanding Bonds as
18
stipulated in the Bond documents. Once the prepayment reserve is funded in full, any additional
interest collected shall be allocated to fund delinquent payments as described in H below.
H. Delinquency Reserve
The Town has allocated up to 0.30% of the interest rate component of the Annual Installments to
offset any possible delinquent payments. The additional reserve shall be funded up to __% of the
outstanding Bonds, but in no event will the annual collection, together with the Prepayment
reserve, be more than 0.50% of the outstanding Bonds. The Town may allocate up to 0.50% of
the interest rate component of the Annual Installments to pay for Administrative Expenses,
improvement costs, any other use that benefits the Assessed Property or reduce the Assessments,
as determined by the Town Council.
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Section VI
TERMS OF THE ASSESSMENTS
A. Amount of Assessments and Annual Installments
The Assessment and Annual Installments for each Parcel of Assessed Property located within the
PID is shown on the Assessment Roll, attached as Appendix E, and no Assessment shall be
changed except as authorized by this Service and Assessment Plan and the PID Act.
The Annual Installments shall be collected in an amount sufficient to pay principal and interest
on the Bonds, to fund the prepayment reserve and delinquency reserve described in Section IV,
to cover Administrative Expenses.
B. Reallocation of Assessments
1. Subdivision
Upon the subdivision of any Parcel, the Assessment for the Parcel prior to the subdivision shall
be reallocated among the new subdivided Parcels according to the following formula:
A = B x (C ÷ D)
Where the terms have the following meanings:
A = the Assessment for each new subdivided Parcel
B = the Assessment for the Parcel prior to subdivision
C = the estimated Equivalent Units to be built on each new subdivided Parcel
D = the sum of the estimated Equivalent Units to be built on all of the new subdivided
Parcels
The calculation of the estimated number of units to be built on a Parcel shall be performed by the
Administrator and confirmed by the Town Council based on the information available regarding
the use of the Parcel. The estimate as confirmed shall be conclusive. The number of units to be
built on a Parcel may be estimated by net land area and reasonable density ratios.
The sum of the Assessments for all newly subdivided Parcels shall equal the Assessment for the
Parcel prior to subdivision. The calculation shall be made separately for each newly subdivided
Parcel. The reallocation of an Assessment for a Parcel that is a homestead under Texas law may
not exceed the Assessment prior to the reallocation and to the extent the reallocation would
exceed such amount, it shall be prepaid by such amount by the party requesting the subdivision
of the Parcels. Any reallocation pursuant to this section shall be reflected in an Annual Service
Plan Update approved by the Town Council.
2. Consolidation
Upon the consolidation of two or more Parcels, the Assessment for the consolidated Parcel shall
be the sum of the Assessments for the Parcels prior to consolidation. The reallocation of an
Assessment for a Parcel that is a homestead under Texas law may not exceed the Assessment
20
prior to the reallocation and to the extent the reallocation would exceed such amount, it shall be
prepaid by such amount by the party requesting the consolidation of the Parcels. Any
reallocation pursuant to this section shall be reflected in an Annual Service Plan Update
approved by the Town Council.
C. Mandatory Prepayment of Assessments
1. If a Parcel subject to Assessments is transferred to a party that is exempt from the
payment of the Assessment under applicable law, or if an owner causes a Parcel subject to
Assessments to become Non-Benefited Property, the owner of such Parcel shall pay to the Town
the full amount of the Principal Portion of the Assessment on such Parcel, plus all Prepayment
Costs, prior to any such transfer or act.
3. The payments required above shall be treated the same as any Assessment that is due and
owing under the Act, the Assessment Ordinance, and this Service and Assessment Plan,
including the same lien priority, penalties, procedures, and foreclosure specified by the Act.
D. Reduction of Assessments
1. If after all Authorized Improvements to be funded with a series of Bonds have been
completed and Actual Costs for such Authorized Improvements are less than the Actual Costs
used to calculate the Assessments securing such series of Bonds, resulting in excess Bond
proceeds being available to redeem Bonds of such series, then the Assessment securing such
series of Bonds for each Parcel of Assessed Property shall be reduced by the Town Council pro
rata such that the sum of the resulting reduced Assessments for all Assessed Properties equals the
actual reduced Actual Costs and such excess Bond proceeds shall applied to redeem Bonds of
such series. The Assessments shall not be reduced to an amount less than the related outstanding
series of Bonds. If all of the Authorized Improvements are not completed, the Town may reduce
the Assessments in another method if it determines such method would better reflect the benefit
received by the Parcels from the Authorized Improvements completed.
2. If all the Authorized Improvements are not undertaken, resulting in excess Bond proceeds
being available to redeem Bonds, then the Assessments and Annual Installments for each Parcel
shall be appropriately reduced by the Town Council to reflect only the amounts required to repay
the Bonds, including interest on the Bonds and Collection Costs, and such excess Bond proceeds
shall be applied to redeem Bonds. The Town Council may reduce the Assessments and the
Annual Installments for each Parcel (i) in an amount that represents the Authorized
Improvements provided for each Parcel or (ii) by an equal percentage calculated based on
Equivalent Units, if determined by the Town Council to be the most fair and practical means of
reducing the Assessments for each Parcel, such that the sum of the resulting reduced
Assessments equals the amount required to repay the Bonds, including interest on the Bonds and
Collection Costs. The Principal Portion of the Assessment for each Parcel shall be reduced pro
rata to the reduction in the Assessments for each Parcel such that the sum of the resulting
reduced Principal Portion of the Bonds is equal to the outstanding principal amount of the Bonds.
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E. Payment of Assessments
1. Payment in Full
(a) The Assessment for any Parcel may be paid in full at any time. Such payment shall
include all Prepayment Costs. If prepayment in full will result in redemption of Bonds, the
payment amount shall be reduced by the amount, if any, of interest through the date of
redemption of Bonds and reserve funds applied to the redemption under the Trust Indenture, net
of any other costs applicable to the redemption of Bonds.
(b) If an Annual Installment has been billed prior to payment in full of an Assessment, the
Annual Installment shall be due and payable and shall be credited against the payment-in-full
amount.
(c) Upon payment in full of the Assessment and all Prepayment Costs, the Town shall
deposit the payment in accordance with the Trust Indenture; whereupon, the Assessment shall be
reduced to zero, and the owner’s obligation to pay the Assessment and Annual Installments
thereof shall automatically terminate.
(d) At the option of the owner, the Assessment on any Parcel plus Prepayment Costs may be
paid in part in an amount sufficient to allow for a convenient redemption of Bonds as determined
by the Administrator. Upon the payment of such amounts for a Parcel, the Assessment for the
Parcel shall be reduced, the Assessment Roll shall be updated to reflect such partial payment,
and the obligation to pay the Annual Installment for such Parcel shall be reduced to the extent
the partial payment is made.
2. Payment in Annual Installments
The Act provides that an Assessment for a Parcel may be paid in full at any time. If not paid in
full, the Act authorizes the Town to collect interest, administrative expenses and other authorized
charges in Annual Installments. An Assessment for a Parcel that is not paid in full will be
collected in Annual Installments each year in the amounts shown in the Assessment Roll, as
updated as provided for herein, which include interest, Administrative Expenses, Prepayment
Reserve and Delinquency Reserve. Payment of the Annual Installments shall commence with
tax bills mailed after the initial issuance of Bonds.
Each Assessment shall be paid with interest of no more than the lesser of (i) the actual interest
rate paid on the Bonds and (ii) ____ percent per annum. The Assessment Roll sets forth for each
year the Annual Installment for each Parcel based on an estimated interest rate of 7.5% and
additional interest at the rate of 0.5% for administrative expenses, Prepayment Reserve and
Delinquency Reserve. Furthermore, the Annual Installments may not exceed the amounts shown
on the Assessment Roll. The Assessment Roll, updated with the actual interest rates on the
Bonds, is shown as Appendix E.
The Annual Installments shall be reduced to equal the actual costs of repaying the Bonds and
actual Administrative Expenses (as provided for in the definition of such term), taking into
22
consideration any other available funds for these costs, such as interest income on account
balances.
The Town reserves and shall have the right and option to refund the Bonds in accordance with
Section 372.027 of the PID Act. In the event of such refunding, the Administrator shall
recalculate the Annual Installments, and if necessary, may adjust, or decrease, the amount of the
Annual Installments so that total Annual Installments of Assessments will be produced in annual
amounts that are required to pay the refunding bonds when due and payable as required by and
established in the ordinance and/or the indenture authorizing and securing the refunding bonds,
and such refunding bonds shall constitute Bonds for purposes of this Service and Assessment
Plan.
F. Collection of Annual Installments
No less frequently than annually, the Administrator shall prepare, and the Town Council shall
approve, an Annual Service Plan Update to allow for the billing and collection of Annual
Installments. Each Annual Service Plan Update shall include an updated Assessment Roll and a
calculation of the Annual Installment for each Parcel. Annual Collection Costs shall be allocated
among Parcels in proportion to the amount of the Annual Installments for the Parcels. Each
Annual Installment shall be reduced by any credits applied under the applicable Trust Indenture,
such as capitalized interest, interest earnings on any account balances, and any other funds
available to the Trustee for such purpose, including any existing deposits for a prepayment
reserve. Annual Installments shall be collected by the Town in the same manner and at the same
time as ad valorem taxes and shall be subject to the same penalties, procedures, and foreclosure
sale in case of delinquencies as are provided for ad valorem taxes of the Town. The Town
Council may provide for other means of collecting the Annual Installments to the extent
permitted under the PID Act. The Assessments shall have lien priority as specified in the Act.
Any sale of property for nonpayment of the Annual Installments shall be subject to the lien
established for the remaining unpaid Annual Installments against such property and such
property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make
timely payment of the non-delinquent Annual Installments against such property as they become
due and payable.
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Section VII
THE ASSESSMENT ROLL
A. The Assessment Roll
Each Parcel within the PID has been evaluated by the Town Council (based on the Zoning
Ordinance, developable area, proposed Property Owner Association Property and Public
Property, the Authorized Improvements, best and highest use of land, and other development
factors deemed relevant by the Town Council) to determine the Assessed Property within each
Parcel.
The Assessed Property will be assessed for the special benefits conferred upon the property as a
result of the Authorized Improvements that benefit the property within the PID. Table IV-A
summarizes the $30,800,375 in special benefit received by the Assessed Property from the
Authorized Improvements, the costs of the PID formation, and Bond issuance costs. The amount
of the Bonds is $28,600,000, which is less than the benefit received by the Assessed Property,
and as such the total Assessment for all Assessed Property is $28,600,000 plus annual
Administrative Expenses and other authorized charges. The Assessment for each Parcel of
Assessed Property is calculated based on the allocation methodologies described in Section V.C
and Appendices D and E of this Service and Assessment Plan. The Assessment Roll is attached
hereto as Appendix E.
B. Annual Assessment Roll Updates
The Administrator shall prepare, and shall submit to the Town Council for approval, annual
updates to the Assessment Roll in conjunction with the Annual Service Plan Update to reflect the
following matters, together with any other changes helpful to the Administrator or the Town and
permitted by the Act: (i) the identification of each Parcel (ii) the Assessment for each Parcel of
Assessed Property, including any adjustments authorized by this Service and Assessment Plan or
in the PID Act; (iii) the Annual Installment for the Assessed Property for the year (if the
Assessment is payable in installments); and (iv) payments of the Assessment, if any, as provided
by Section VI.E of this Service and Assessment Plan.
Once Bonds are issued, the Assessment Roll shall be updated, which update may be done in the
next Annual Service Plan Update, to reflect any changes resulting from the issuance of the
Bonds. This update shall reflect the actual interest on the Bonds on which the Annual
Installments shall be paid, any reduction in the Assessments, and any revisions in the Actual
Costs to be funded by the Bonds and Developer funds.
24
Section VIII
MISCELLANEOUS PROVISIONS
A. Administrative Review
The Town may elect to designate a third party to serve as Administrator. The Town shall notify
Developer in writing at least thirty (30) days in advance before appointing a third party
Administrator.
To the extent consistent with the Act, an owner of an Assessed Parcel claiming that a calculation
error has been made in the Assessment Roll(s), including the calculation of the Annual
Installment, shall send a written notice describing the error to the Town not later than thirty (30)
days after the date any amount which is alleged to be incorrect is due prior to seeking any other
remedy. The Administrator shall promptly review the notice, and if necessary, meet with the
Assessed Parcel owner, consider written and oral evidence regarding the alleged error and decide
whether, in fact, such a calculation error occurred.
If the Administrator determines that a calculation error has been made and the Assessment Roll
should be modified or changed in favor of the Assessed Parcel owner, such change or
modification shall be presented to the Town Council for approval to the extent permitted by the
Act. A cash refund may not be made for any amount previously paid by the Assessed Parcel
owner (except for the final year during which the Annual Installment shall be collected or if it is
determined there are sufficient funds to meet the expenses of the PID for the current year), but an
adjustment may be made in the amount of the Annual Installment to be paid in the following
year. The decision of the Administrator regarding a calculation error relating to the Assessment
Roll may be appealed to the Town Council. Any amendments made to the Assessment Roll(s)
pursuant to calculation errors shall be made pursuant to the PID Act.
The decision of the Administrator, or if such decision is appealed to the Town Council, the
decision of the Town Council shall be conclusive as long as there is a reasonable basis for such
determination. This procedure shall be exclusive and its exhaustion by any property owner shall
be a condition precedent to any other appeal or legal action by such owner.
B. Termination of Assessments
Each Assessment shall be extinguished on the date the Assessment is paid in full, including
unpaid Annual Installments and Delinquent Collection Costs, if any. After the extinguishment of
an Assessment and the collection of any delinquent Annual Installments and Delinquent
Collection Costs, the Town shall provide the owner of the affected Parcel a recordable “Notice of
the PID Assessment Termination”
C. Amendments
Amendments to the Service and Assessment Plan can be made as permitted or required by the
PID Act and under Texas law.
The Town Council reserves the right to the extent permitted by the Act to amend this Service and
Assessment Plan without notice under the Act and without notice to property owners of Parcels:
25
(i) to correct mistakes and clerical errors; (ii) to clarify ambiguities; and (iii) to provide
procedures for the collection and enforcement of Assessments, Prepayment Costs, Collection
Costs, and other charges imposed by the Service and Assessment Plan.
D. Administration and Interpretation of Provisions
The Town Council shall administer the PID, this Service and Assessment Plan, and all Annual
Service Plan Updates consistent with the PID Act, and shall make all interpretations and
determinations related to the application of this Service and Assessment Plan unless stated
otherwise herein or in the Trust Indenture, such determination shall be conclusive.
E. Severability
If any provision, section, subsection, sentence, clause or phrase of this Service and Assessment
Plan or the application of same to an Assessed Parcel or any person or set of circumstances is for
any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of
this Service and Assessment Plan or the application to other persons or sets of circumstances
shall not be affected thereby, it being the intent of the Town Council in adopting this Service and
Assessment Plan that no part hereof or provision or regulation contained herein shall become
inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other part
hereof, and all provisions of this Service and Assessment Plan are declared to be severable for
that purpose.
If any provision of this Service and Assessment Plan is determined by a court to be
unenforceable, the unenforceable provision shall be deleted from this Service and Assessment
Plan and the unenforceable provision shall, to the extent possible, be rewritten to be enforceable
and to give effect to the intent of the Town.
Draft
Appendix A
The PID MAP
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Draft
Appendix B
ESTIMATED COSTS OF AUTHORIZED IMPROVEMENTS
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
COMMON‐TO‐ALL
Description Unit Estimated
Quantity Unit Price Total Price
PAVING ‐ Santinalla Del Mar
8", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY9422$41.00 $386,320
8" Treated subgrade compacted to 95% Standard
Proctor Density SY10082$3.00 $30,246
Lime TON136$180.00 $24,499
Striping ‐ Center Lines and Lane Lines LF2435$2.25 $5,479
Striping ‐ Crosswalks and Stop Bars LF374$4.50 $1,683
Street Signage EA3$750.00 $2,250
PAVING ‐ Ciudad Real
8", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY16084$41.00 $659,449
8" Treated subgrade compacted to 95% Standard
Proctor Density SY17210$3.00 $51,630
Lime TON232$180.00 $41,820
Striping ‐ Center Lines and Lane Lines LF2362$2.25 $5,315
Striping ‐ Crosswalks and Stop Bars LF330$4.50 $1,485
Street Signage EA5$750.00 $3,750
Striping ‐ Words and Arrows LF2$300.00 $600
PAVING ‐ Elche
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY4276$38.00 $162,471
8" Treated subgrade compacted to 95% Standard
Proctor Density SY4575$3.00 $13,725
Lime TON62$180.00 $11,117
PAVING ‐ Fondon
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY4999$38.00 $189,949
8" Treated subgrade compacted to 95% Standard
Proctor Density SY5349$3.00 $16,046
Details of Authorized Improvements
B ‐ 1
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Lime TON72$180.00 $12,997
PAVING ‐ Bridges
Plaza Bridge EA1 837,000$ $837,000
Mercado Ricardo Pedestrian Bridge EA1 425,000$ $425,000
PAVING ‐ Sitges / Nerja
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY4542$38.00 $172,588
8" Treated subgrade compacted to 95% Standard
Proctor Density SY4860$3.00 $14,579
Lime TON66$180.00 $11,809
Striping ‐ Center Lines and Lane Lines LF2376$2.25 $5,346
Striping ‐ Crosswalks and Stop Bars LF597$4.50 $2,687
Street Signage EA6$750.00 $4,500
PAVING ‐ Galisteo
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY2433$38.00 $92,462
8" Treated subgrade compacted to 95% Standard
Proctor Density SY2604$3.00 $7,811
Lime TON35$180.00 $6,327
Striping ‐ Center Lines and Lane Lines LF661$2.25 $1,487
Striping ‐ Crosswalks and Stop Bars LF98$4.50 $441
Striping ‐ Words and Arrows LF4$300.00 $1,200
Street Signage EA2$750.00 $1,500
PAVING ‐ Valdes ‐ Dela
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY2590$38.00 $98,420
8" Treated subgrade compacted to 95% Standard
Proctor Density SY2771$3.00 $8,314
Lime TON37$180.00 $6,734
Striping ‐ Center Lines and Lane Lines LF661$2.25 $1,487
B ‐ 2
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Striping ‐ Crosswalks and Stop Bars LF98$4.50 $441
Striping ‐ Words and Arrows LF4$300.00 $1,200
Street Signage EA2$750.00 $1,500
CITY WALKS AND PUBLIC LIGHTING
4", 3600 PSI reinforced concrete pavement w/ #3 bars
18" o.c.e.w.SY17971$36.00 $646,944
Street and Walk Lighting:
Bollards:62 $2,500.00 $155,000
Iron Ornamental Benches and other seating 45 $5,333.00 $239,985
Street Lights (Intersections)21 $4,000.00 $84,000
SOLANA BOULEVARD
Signal at FM 1938 & Solana LS1$200,000.00$200,000
Mobilization LS1$50,000.00$50,000
Site Preparation LS1$50,000.00$50,000
Street Excavation CY3200$4.75$15,200
Stabilized Subgrade SY9500$3.00$28,500
Material For Stabilization TON 152$180.00$27,360
8" Concrete Pavement SY9000$41.00$369,000
Remove Existing Stripes LS1$10,000.00$10,000
4" Wide Thermoplastic Stripes LF4500$3.00 $13,500
TYP II‐C‐R Pavement Markers EA120$7.00 $840
Erosion Control LS1$5,000.00 $5,000
Traffic Control LS1$5,000.00 $5,000
Subtotal Paving:$4,449,592
Description Unit Estimated
Quantity Unit Price Total Price
UTILITIES ‐ WATER ‐ Santinalla Del Mar
12" PVC, Includes valves, taps and fittings LF 2439.5 $40.00 $97,580
Fire Hydrants EA 8 $3,900.00 $31,714
Trench Safety LF 2439.5 $2.00 $4,879
B ‐ 3
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
12" Blow‐Off Valve LS4 $10,000.00 $40,000
B ‐ 4
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
UTILITIES ‐ WATER ‐ Ciudad Real
12" PVC, Includes valves, taps and fittings LF 2357.5 $40.00 $94,300
Fire Hydrants EA 8 $3,900.00 $30,648
Trench Safety LF 2357.5 $2.00 $4,715
UTILITIES ‐ WATER ‐ Elche
8" PVC, Includes valves, taps and fittings LF 1169 $35.00 $40,915
Fire Hydrants EA 4 $3,900.00 $15,197
Trench Safety LF 1169 $2.00 $2,338
UTILITIES ‐ WATER ‐ Fondon
12" PVC, Includes valves, taps and fittings LF 1289 $40.00 $51,560
Fire Hydrants EA 4 $3,900.00 $16,757
Trench Safety LF 1289 $2.00 $2,578
UTILITIES ‐ WATER ‐ Sitges / Nerja
12" PVC, Includes valves, taps and fittings LF 1628 $40.00 $65,120
Fire Hydrants EA 5 $3,900.00 $21,164
Trench Safety LF 1628 $2.00 $3,256
UTILITIES ‐ WATER ‐ Galisteo
8" PVC, Includes valves, taps and fittings LF 683 $35.00 $23,905
Fire Hydrants EA 2 $3,900.00 $8,879
Trench Safety LF 683 $2.00 $1,366
UTILITIES ‐ WATER ‐ Valdes / Dela
12" PVC, Includes valves, taps and fittings LF 968 $40.00 $38,720
Fire Hydrants EA 3 $3,900.00 $12,584
Trench Safety LF 968 $2.00 $1,936
UTILITIES ‐ WATER ‐ TROPHY CLUB MUD #1 12" WATER LINE RELOCATION
Demo of Existing LS 1 $45,000.00 $45,000
12" Blow‐Off Valve LS1 $10,000.00 $10,000
New 12" Line LF3750 $40.00 $150,000
B ‐ 5
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Subtotal Water:$655,110
B ‐ 6
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
UTILITIES ‐ SANITARY SEWER ‐ Santinalla Del Mar
8" PVC including sewer laterals LF 1952 $35.00 $68,306
Manholes EA 7 $4,200.00 $27,322
Trench Safety LF 1952 $2.00 $3,903
UTILITIES ‐ SANITARY SEWER ‐ Ciudad Real
8" PVC including sewer laterals LF 1886 $35.00 $66,010
Manholes EA 6 $4,200.00 $26,404
Trench Safety LF 1886 $2.00 $3,772
UTILITIES ‐ SANITARY SEWER ‐ Elche
8" PVC including sewer laterals LF 935 $35.00 $32,732
Manholes EA 3 $4,200.00 $13,093
Trench Safety LF 935 $2.00 $1,870
UTILITIES ‐ SANITARY SEWER ‐ Fondon
8" PVC including sewer laterals LF 1031 $35.00 $36,092
Manholes EA 3 $4,200.00 $14,437
Trench Safety LF 1031 $2.00 $2,062
UTILITIES ‐ SANITARY SEWER ‐ Sitges / Nerja
8" PVC including sewer laterals LF 1302 $35.00 $45,584
Manholes EA 4 $4,200.00 $18,234
Trench Safety LF 1302 $2.00 $2,605
UTILITIES ‐ SANITARY SEWER ‐ Galisteo
8" PVC including sewer laterals LF 546 $35.00 $19,124
Manholes EA 2 $4,200.00 $7,650
Trench Safety LF 546 $2.00 $1,093
UTILITIES ‐ SANITARY SEWER ‐ Valdes / Dela
8" PVC including sewer laterals LF 774 $35.00 $27,104
Manholes EA 3 $4,200.00 $10,842
Trench Safety LF 774 $2.00 $1,549
B ‐ 7
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
MISCELLANEOUS ‐ ALL SANITARY SEWER
Lift Station EA 1 478,500$ $478,500
4" Force Main LF 1644 $20.00 $32,880
TRA Intercept and Injection EA 1 602,900$ $602,900
Subtotal Utilities ‐ Sanitary Sewer:$1,544,067
UTILITIES ‐ STORM SEWER ‐ Santinalla Del Mar
RCP Pipe ‐ Various Size LF 975.8 $125 $121,975
Misc. Manholes, Junction Boxes and Inlets EA 12 $5,000.00 $60,000
Trench Safety LF 975.8 $2.00 $1,952
UTILITIES ‐ STORM SEWER ‐ Ciudad Real
RCP Pipe ‐ Various Size LF 943 $125 $117,875
Misc. Manholes, Junction Boxes and Inlets EA 12 $5,000.00 $60,000
Trench Safety LF 943 $2.00 $1,886
UTILITIES ‐ STORM SEWER ‐ Elche
RCP Pipe ‐ Various Size LF 1411 $125 $176,375
Misc. Manholes, Junction Boxes and Inlets EA 14 $5,000.00 $70,000
Trench Safety LF 1411 $2.00 $2,822
UTILITIES ‐ STORM SEWER ‐ Fondon
RCP Pipe ‐ Various Size LF 654 $125 $81,750
Misc. Manholes, Junction Boxes and Inlets EA 7 $5,000.00 $35,000
Trench Safety LF 654 $2.00 $1,308
UTILITIES ‐ STORM SEWER ‐ Sitges / Nerja
RCP Pipe ‐ Various Size LF 417 $125 $52,125
Misc. Manholes, Junction Boxes and Inlets EA 8 $5,000.00 $40,000
Trench Safety LF 417 $2.00 $834
UTILITIES ‐ STORM SEWER ‐ Galisteo
RCP Pipe ‐ Various Size LF 88 $125 $11,000
Misc. Manholes, Junction Boxes and Inlets EA 7 $5,000.00 $35,000B ‐ 8
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Trench Safety LF 88 $2.00 $176
B ‐ 9
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
UTILITIES ‐ STORM SEWER ‐ Valdes / Dela
RCP Pipe ‐ Various Size LF 144 $125 $18,000
Misc. Manholes, Junction Boxes and Inlets EA 4 $5,000.00 $20,000
Trench Safety LF 144 $2.00 $288
UTILITIES ‐ STORM SEWER ‐ Solana Boulevard
Recessed Curb Inlets EA5$5,000.00 $25,000
Junction Box EA5$5,000.00 $25,000
30" RCP LF350$125.00 $43,750
Trench Safety LF350$2.00 $700
LAKE EXCAVATION AND EDGING
Excavation CY169660 $4.75 $805,884
Retaining Walls ‐ Lake LF6515 $50.00 $325,750
Retaining Walls ‐ Common to All LF3627.5 $150.00 $544,125
Subtotal Utilities ‐ Storm Sewer $2,678,575
PAVING $4,449,592
UTILITIES ‐ WATER $655,110
UTILITIES ‐ SANITARY SEWER $1,544,067
UTILITIES ‐ STORM SEWER $2,678,575
8% INSPECTION AND BONDS (Public Improvements)$811,073
SUB TOTAL ‐ INFRASTRUCTURE $10,138,417
LANDSCAPE ‐ COMMON TO ALL $3,271,500
10% CONTINGENCY $1,340,992
14% ENGINEERING/SURVEYING/CONSTRUCTION ADMIN.$1,877,388
GRAND TOTAL $16,628,297
Estimate does not include:
Mobilization or Insurance
Franchise Utility Installations or Relocations ‐ gas, electric, telephone, etc.
The inspections fee information identified above is based on those items that will be publically maintained.
SUMMARY ‐ MISCELLANEOUS AREAS
B ‐ 10
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Inspection fees are based on the cost of public improvements, therefore the costs identified above will
change based upon the actual costs provided by the contractors.
This estimate assumes that that subgrade treatment is to be lime and not cement stabilized. Actual treatment
is to be determined by the Geotech Engineer prior to installation.
Efforts were made to identify all cost items identified within the Approved Preliminary Plat. It is possible that
some items have been inadvertently omitted or the quantities may be different than the actual amount
depicted in the construction plans.
EAST RESIDENTIAL
Item No.Description Unit Estimated
Quantity Unit Price Total Price
PAVING ‐ East Residential
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY12754$38.00 $484,639
8" Treated subgrade compacted to 95% Standard
Proctor Density SY13646$3.00 $40,939
Lime TON184$180.00 $33,161
Striping ‐ Center Lines and Lane Lines LF198$2.25 $446
Striping ‐ Crosswalks and Stop Bars LF144$4.50 $648
Street Signage EA2$750.00 $1,500
PAVING ‐ Bridge
Bridge w/ abutments on Ciudad Real EA1 $450,000.00 $450,000
Subtotal Utilities ‐ Paving:$1,011,333
UTILITIES ‐ WATER ‐ East Residential
12" PVC, Includes valves, taps and fittings LF 3208 $40.00 $128,320
Fire Hydrants EA 11 $3,900.00 $41,703
Trench Safety LF 3208 $2.00 $6,416
Subtotal Utilities ‐ Water $176,439
UTILITIES ‐ SANITARY SEWER ‐ East Residential
8" PVC including sewer laterals LF 2566 $35.00 $89,824
Manholes EA 9 $4,200.00 $35,931
B ‐ 11
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Trench Safety LF 2566 $2.00 $5,133
MISCELLANEOUS ‐ ALL SANITARY SEWER
Lift Station LF 1 $487,000.00 $487,000
4" Force Main LF 960 $20.00 $19,200
Subtotal Utilities ‐ Sanitary Sewer:$637,088
Description Unit Estimated
Quantity Unit Price Total Price
UTILITIES ‐ STORM SEWER ‐ East Residential
RCP Pipe ‐ Various Size LF 256 $125.00 $32,000
Misc. Manholes, Junction Boxes and Inlets EA 16 $5,000.00 $80,000
Trench Safety LF 256 $2.00 $512
EXCAVATION AND RETAINING WALLS
Excavation CY36148 $4.75 $171,703
Retaining Walls
Lake Wall LF 3600 50.00$ $180,000
Southern Border Wall LF 1674 150.00$ $251,100
Subtotal Utilities ‐ Storm Sewer $715,315
PAVING $1,011,332.91
UTILITIES ‐ WATER $176,438.70
UTILITIES ‐ SANITARY SEWER $637,087.80
UTILITIES ‐ STORM SEWER $715,315.00
SUB TOTAL $2,540,174.41
8% INSPECTION AND BONDS $203,213.95
10% CONTINGENCY $254,017.00
14% ENGINEERING/SURVEYING/CONSTRUCTION ADMIN.$355,624.00
GRAND TOTAL $3,353,029.36
Estimate does not include:
SUMMARY ‐ MISCELLANEOUS AREAS
B ‐ 12
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Mobilization or Insurance
Franchise Utility Installations or Relocations ‐ gas, electric, telephone, etc.
The inspections fee information identified above is based on those items that will be publically maintained.
Inspection fees are based on the cost of public improvements, therefore the costs identified above will
change based upon the actual costs provided by the contractors.
This estimate assumes that that subgrade treatment is to be lime and not cement stabilized. Actual treatment
is to be determined by the Geotech Engineer prior to installation.
Efforts were made to identify all cost items identified within the Approved Preliminary Plat. It is possible that
some items have been inadvertently omitted or the quantities may be different than the actual amount
depicted in the construction plans.
WEST RESIDENTIAL
Item No.Description Unit Estimated
Quantity Unit Price Total Price
PAVING ‐ Arta
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY1593$38.00 $60,551
8" Treated subgrade compacted to 95% Standard
Proctor Density SY1705$3.00 $5,115
Lime TON23$180.00 $4,143
Striping ‐ Center Lines and Lane Lines LF198$2.25 $446
Striping ‐ Crosswalks and Stop Bars LF144$4.50 $648
Street Signage EA2$750.00 $1,500
PAVING ‐ Baeza
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY5706$38.00 $216,832
8" Treated subgrade compacted to 95% Standard
Proctor Density SY6106$3.00 $18,317
Lime TON82$180.00 $14,836
Striping ‐ Center Lines and Lane Lines LF1191$2.25 $2,680
Striping ‐ Crosswalks and Stop Bars LF334$4.50 $1,503
Street Signage EA2$750.00 $1,500
Striping ‐ Words and Arrows LF2$300.00 $600
B ‐ 13
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
PAVING ‐ Cadaques
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY4435$38.00 $168,513
8" Treated subgrade compacted to 95% Standard
Proctor Density SY4745$3.00 $14,235
Lime TON64$180.00 $11,530
Striping ‐ Center Lines and Lane Lines LF870$2.25 $1,958
Striping ‐ Crosswalks and Stop Bars LF144$4.50 $648
Street Signage EA1$750.00 $750
PAVING ‐ Carmona
8", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY3190$38.00 $121,237
8" Treated subgrade compacted to 95% Standard
Proctor Density SY3414$3.00 $10,241
Lime TON46$180.00 $8,295
Striping ‐ Center Lines and Lane Lines LF760$2.25 $1,710
Striping ‐ Crosswalks and Stop Bars LF165$4.50 $743
Street Signage EA2$750.00 $1,500
PAVING ‐ Comillas
6", 3600 PSI, reinforced concrete pavement, w/ #3 bars
18" o.c.e.w.SY2958$38.00 $112,391
8" Treated subgrade compacted to 95% Standard
Proctor Density SY3165$3.00 $9,494
Lime TON44$180.00 $7,975
Striping ‐ Center Lines and Lane Lines LF276$2.25 $621
Striping ‐ Crosswalks and Stop Bars LF118$4.50 $531
Street Signage EA3$750.00 $2,250
PAVING SUBTOTAL:$803,293
Description Unit Estimated
Quantity Unit Price Total Price
UTILITIES ‐ WATER ‐ Arta B ‐ 14
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
8" PVC, Includes valves, taps and fittings LF 580 $35.00 $20,300
Fire Hydrants EA 2 $3,900.00 $7,540
Trench Safety LF 580 $2.00 $1,160
UTILITIES ‐ WATER ‐ Baeza
8" PVC, Includes valves, taps and fittings LF 1120 $35.00 $39,200
Fire Hydrants EA 4 $3,900.00 $14,560
Trench Safety LF 1120 $2.00 $2,240
UTILITIES ‐ WATER ‐ Cadaques
8" PVC, Includes valves, taps and fittings LF 1090 $35.00 $38,150
Fire Hydrants EA 4 $3,900.00 $14,170
Trench Safety LF 1090 $2.00 $2,180
UTILITIES ‐ WATER ‐ Carmona
8" PVC, Includes valves, taps and fittings LF 887 $35.00 $31,045
Fire Hydrants EA 3 $3,900.00 $11,531
Trench Safety LF 887 $2.00 $1,774
UTILITIES ‐ WATER ‐ Comillas
8" PVC, Includes valves, taps and fittings LF 619 $35.00 $21,665
Fire Hydrants EA 2 $3,900.00 $8,047
Trench Safety LF 619 $2.00 $1,238
Subtotal Utilities ‐ Water:$214,800
Description Unit Estimated
Quantity Unit Price Total Price
UTILITIES ‐ SANITARY SEWER ‐ Arta
8" PVC including sewer laterals LF 464 $35.00 $16,240
Manholes EA 3 $4,200.00 $12,600
Trench Safety LF 464 $2.00 $928
UTILITIES ‐ SANITARY SEWER ‐ Baeza
8" PVC including sewer laterals LF 896 $35.00 $31,360B ‐ 15
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Manholes EA 3 $4,200.00 $12,600
Trench Safety LF 896 $2.00 $1,792
UTILITIES ‐ SANITARY SEWER ‐ Cadaques
8" PVC including sewer laterals LF 872 $35.00 $30,520
Manholes EA 5.027 $4,200.00 $21,113
Trench Safety LF 872 $2.00 $1,744
UTILITIES ‐ SANITARY SEWER ‐ Carmona
8" PVC including sewer laterals LF 709.6 $35.00 $24,836
Manholes EA 5.5 $4,200.00 $23,100
Trench Safety LF 709.6 $2.00 $1,419
UTILITIES ‐ SANITARY SEWER ‐ Comillas
8" PVC including sewer laterals LF 619 $35.00 $21,665
Manholes EA 5 $4,200.00 $21,000
Trench Safety LF 619 $2.00 $1,238
Subtotal Utilities ‐ Sanitary Sewer:$222,156
Description Unit Estimated
Quantity Unit Price Total Price
UTILITIES ‐ STORM SEWER ‐ Arta
RCP Pipe ‐ Various Size LF 139 $125.00 $17,430
Misc. Manholes, Junction Boxes and Inlets EA 4 $5,000.00 $20,000
Trench Safety LF 139.44 $2.00 $279
UTILITIES ‐ STORM SEWER ‐ Baeza
RCP Pipe ‐ Various Size LF 210 $125.00 $26,250
Misc. Manholes, Junction Boxes and Inlets EA 3 $5,000.00 $15,000
Trench Safety LF 210 $2.00 $420
UTILITIES ‐ STORM SEWER ‐ Cadaques
B ‐ 16
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
RCP Pipe ‐ Various Size LF 90 $125.00 $11,250
Misc. Manholes, Junction Boxes and Inlets EA 3 $5,000.00 $15,000
Trench Safety LF 90 $2.00 $180
B ‐ 17
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
UTILITIES ‐ STORM SEWER ‐ Carmona
RCP Pipe ‐ Various Size LF 158 $125.00 $19,750
Misc. Manholes, Junction Boxes and Inlets EA 3 $5,000.00 $15,000
Trench Safety LF 158 $2.00 $316
UTILITIES ‐ STORM SEWER ‐ Comillas
RCP Pipe ‐ Various Size LF 177 $125.00 $22,125
Misc. Manholes, Junction Boxes and Inlets EA 5 $5,000.00 $25,000
Trench Safety LF 177 $2.00 $354
EXCAVATION AND RETAINING WALLS ‐ HILLSIDE VILLAS
Hillside Retaining Walls LF5282 $150.00 $792,300
Subtotal Utilities ‐ Storm Sewer $980,654
PAVING $803,293.02
UTILITIES ‐ WATER $214,800.00
UTILITIES ‐ SANITARY SEWER $222,155.60
UTILITIES ‐ STORM SEWER $980,653.88
SUB TOTAL $2,220,902.50
8% INSPECTION AND BONDS $177,672.20
10% CONTINGENCY $222,090.00
14% ENGINEERING/SURVEYING/CONSTRUCTION ADMIN.$310,926.00
GRAND TOTAL $2,931,590.70
Estimate does not include:
Mobilization or Insurance
Franchise Utility Installations or Relocations ‐ gas, electric, telephone, etc.
The inspections fee information identified above is based on those items that will be publically maintained.
Inspection fees are based on the cost of public improvements, therefore the costs identified above will
change based upon the actual costs provided by the contractors.
This estimate assumes that that subgrade treatment is to be lime and not cement stabilized. Actual treatment
is to be determined by the Geotech Engineer prior to installation.
SUMMARY ‐ MISCELLANEOUS AREAS
B ‐ 18
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Efforts were made to identify all cost items identified within the Approved Preliminary Plat. It is possible that
some items have been inadvertently omitted or the quantities may be different than the actual amount
depicted in the construction plans.
B ‐ 19
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
LANDSCAPE
Item No.Description Unit Estimated
Quantity Unit Price Total Price
LANDSCAPING ‐‐ Davis Boulevard Frontage 0.75 acres
Irrigation LS1 33,626$ $33,626
Vineyards / Plantings LS1 108,731$ $108,731
Trees LS1 168,130$ $168,130
Rubble Walls LS1 31,200$ $31,200
Walks LS1 26,880$ $26,880
Rest Areas LS1 108,433$ $108,433
LANDSCAPING ‐‐ Solana Boulevard Frontage 1.45 acres
Irrigation LS1 65,083$ $65,083
Vineyards / Plantings LS1 38,000$ $38,000
Trees LS1 161,873$ $161,873
Rubble Walls LS1 97,500$ $97,500
Walks LS1 84,000$ $84,000
Rest Areas LS1 68,544$ $68,544
LANDSCAPING ‐‐ 114 Frontage (Vineyards)7.85 acres
Irrigation LS1 117,800$ $117,800
Vineyards / Plantings LS1 274,866$ $274,866
Trees LS1 47,120$ $47,120
Rubble Walls LS1 78,533$ $78,533
Walks LS1$0.00 $0
Rest Areas (Stone Huts)LS1 39,182$ $39,182
B ‐ 20
PRELIMINARY NUMBERS
WESTLAKE PUBLIC IMPROVEMENT DISTRICT No. 1
Details of Authorized Improvements
Davis Boulevard $477,000
Solana Boulevard $515,000
114 Frontage $557,500
Two Small Wells (25 gpm each)211,000$
Lake Fountains (3) with aeration 231,000$
Large Capacity Well: 175 gpm 635,000$
Desalinization Plant 645,000$
SUB TOTAL $3,271,500
10% CONTINGENCY On CTA Summary Page
12% ENGINEERING/SURVEYING/CONSTRUCTION ADMIN.On CTA Summary Page
GRAND TOTAL $3,271,500
Estimate does not include:
Mobilization or Insurance
Franchise Utility Installations or Relocations ‐ gas, electric, telephone, etc.
The inspections fee information identified above is based on those items that will be publically maintained.
Inspection fees are based on the cost of public improvements, therefore the costs identified above will
change based upon the actual costs provided by the contractors.
This estimate assumes that that subgrade treatment is to be lime and not cement stabilized. Actual treatment
is to be determined by the Geotech Engineer prior to installation.
Efforts were made to identify all cost items identified within the Approved Preliminary Plat. It is possible that
some items have been inadvertently omitted or the quantities may be different than the actual amount
depicted in the construction plans.
SUMMARY ‐ Landscape
B ‐ 21
Draft
Appendix C
DIAGRAM OF THE AUTHORIZED IMPROVEMENTS
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Draft
Appendix D
LAND USE CLASSS AND EQUIVALENT UNITS
DRAFT
D - 1 v3.0
Appendix D
Land Use Classes and Equivalent Units
For purposes of allocating the Assessments, the Assessed Property has been classified in one of
eleven Land Use Classes. The following table shows the proposed residential and non-
residential Land Use Classes within the PID.
Table D-1
Proposed Development within the PID
Land Use Class Description
Proposed
Development
Residential
Land Use Class 1 Condos - Non-waterside 1 22 units
Land Use Class 2 Villas – Waterside Detached 26 units
Land Use Class 3 Condos - Waterside 86 units
Land Use Class 4 Villas - Hillside 110 units
Land Use Class 5 Condos - Non-waterside 2 24 units
Land Use Class 6 Villas – Waterside Attached 54 units
Total - Residential 322 units
Non-Residential
Land Use Class 7 Hotel 322,100 Sq. Ft
Land Use Class 8 Retail 151,599 Sq. Ft
Land Use Class 9 Waterfront Retail 102,000 Sq. Ft
Land Use Class 10 Convalescence 231,600 Sq. Ft
Land Use Class 11 Office 428,300 Sq. Ft
Total – Non-residential 1,235,599 Sq. Ft
The Land Use Classes shown in the above tables are defined as follows:
“Land Use Class 1” means lots identified as such on the Assessment Roll, which are referred to
as condo residential units in the Zoning Ordinance and being generally lots for a condo dwelling
unit placed over retail and office uses with structured parking provided.
“Land Use Class 2” means lots identified as such on the Assessment Roll, which are referred to
as villa units in the Zoning Ordinance and being generally lots for a single family detached unit
located adjacent to water.
“Land Use Class 3” means lots identified as such on the Assessment Roll, which are referred to
as condo residential units in the Zoning Ordinance and being generally lots for a condo dwelling
unit placed over retail and restaurant uses with direct access to the harbor.
“Land Use Class 4” means lots identified as such on the Assessment Roll, which are referred to
as villa units in the Zoning Ordinance and being generally lots for a single family detached unit
with no direct access to the water.
DRAFT
D - 2 v3.0
“Land Use Class 5” means lots identified as such on the Assessment Roll, which are referred to
as condo residential units in the Zoning Ordinance and being generally lots for a condo dwelling
unit being part of two key architectural landmarks within the development, but no direct access
to the water.
“Land Use Class 6” means lots identified as such on the Assessment Roll, which are referred to
as villa units in the Zoning Ordinance and being generally lots for a single family attached unit
located adjacent to water.
“Land Use Class 7” means lots identified as such on the Assessment Roll, which are referred to
as hotel in the Zoning Ordinance, and being generally a building or group of buildings designed
and occupied as a temporary abiding place of individuals.
“Land Use Class 8” means lots identified as such on the Assessment Roll, which are referred to
as retail in the Zoning Ordinance, and being generally parcels used for retail purposes that may
be comprised of a single tenant or multiple tenants that make up a retail establishment and are
generally located on the ground floor of buildings or in a single building.
“Land Use Class 9” means lots identified as such on the Assessment Roll, which are referred to
as retail in the Zoning Ordinance, and being generally parcels located adjacent to the water
surrounding the harbor and used for retail purposes that may be comprised of a single tenant or
multiple tenants that make up a retail establishment and are generally located on the ground floor
of buildings or in a single building.
“Land Use Class 10” means lots identified as such on the Assessment Roll, which are referred
to as Convalescence in the Zoning Ordinance, and being generally parcels used for assisted
living, nursing and other similar residential uses that are either on the water or on the central
plaza.
“Land Use Class 11” means lots identified as such on the Assessment Roll, which are referred
to as office in the Zoning Ordinance, and being generally parcels used for office purposes that
may include a group of offices or a single office and are generally located in a single building, on
one or more floors, or multiple buildings.
As explained under Section IV-D, for purpose of this Service and Assessment Plan, the Town
Council has determined that the Actual Costs of the Authorized Improvements to be financed
with the Bonds shall be allocated to the Assessed Property by spreading the entire Assessment
across the Parcels based on the estimated Equivalent Units.
For purposes of this Service and Assessment Plan, the Town Council has determined that the
Authorized Improvement Costs shall be allocated to the Assessed Property spreading the entire
Assessment across the Parcels of Assessed Property based on the estimated Equivalent Units as
calculated and shown in herein using the proposed development types and quantity anticipated to
be developed on each Parcel and average estimated values at build-out. Allocation of
Assessments by value is specifically authorized by statute. This approach is particularly
DRAFT
D - 3 v3.0
appropriate in this case, as the purpose of the improvements to be provided by the PID is to
allow for the development of the property to make the property more valuable. Accordingly,
allocating the Assessments in accordance with value will result in a reasonable determination
that equal shares of the Authorized Improvement Costs have been allocated to Parcels similarly
benefited.
Upon subsequent divisions of any Parcel, the Assessment applicable to it will then be
apportioned pro rata based on the Equivalent Units of each newly created Parcel.
Having taken into consideration the matters described above, the Town Council has determined
that allocating the Assessments among Parcels based on estimated average value is best
accomplished by creating classifications of benefited Parcels based on the “Land Use Class”
defined above. These classifications representing the estimated average value per unit relative to
Land Use Class 1 (Residential – Non-water side condos) representing the highest estimated
average value per unit are set forth in Table D-4 below. Assessments are allocated to each Land
Use Class on the basis of the estimated average value for each Land Use Class. This is
accomplished by giving each Land Use Class an Equivalent Unit factor. Equivalent Units are the
ratio of the estimated average value at build-out within each Land Use Class, setting the
Equivalent Unit factor for Land Use Class 1 (Residential – Non-water side condos) to 1.0. The
Equivalent Unit factor for Land Use Class 2 is calculated to be 0.83 ($801,000 ÷ $969,000 =
0.83). The Equivalent Unit factor for each of the remaining Land Use Classes is calculated
accordingly and shown in Table D-4.
Table D-4
Equivalent Unit Factors
Land Use Class
Estimated
Average
Unit
Value
Equivalent Unit
Factor
Land Use Class 1 (Condo - Non-waterside 1) $969,0001.00per dwelling unit
Land Use Class 2 (Villa - Waterside Detached) $801,0000.83per dwelling unit
Land Use Class 3 (Condo - Waterside) $713,0000.74per dwelling unit
Land Use Class 4 (Villa - Hillside) $597,0000.62per dwelling unit
Land Use Class 5 (Condo - Non-waterside 2) $583,0000.60per dwelling unit
Land Use Class 6 (Villa - Waterside Attached) $453,0000.47 per dwelling unit
Land Use Class 7 (Hotel) $206,8000.21 per 1,000 sq. ft
Land Use Class 8 (Retail) $186,6000.19 per 1,000 sq. ft
Land Use Class 9 (Waterfront Retail) $177,9000.18 per 1,000 sq. ft
Land Use Class 10 (Convalescence) $165,0000.17 per 1,000 sq. ft
Land Use Class 11 (Office) $149,7000.15 per 1,000 sq. ft
DRAFT
D - 4 v3.0
The total estimated Equivalent Units for the PID are shown in Table D-5 below as calculated
based on the Equivalent Unit factors shown above, estimated Land Use Class and number of
units estimated to be built within the PID.
Table D-5
Estimated Equivalent Units
Land Use Class
Planned
No. of
Units
Equivalent
Unit
Factor
Total
Equivalent
Units
Land Use Class 1 (Condo - Non-waterside 1) 22 1.00 22.00
Land Use Class 2 (Villa - Waterside Detached) 26 0.83 21.58
Land Use Class 3 (Condo - Waterside) 86 0.74 63.64
Land Use Class 4 (Villa - Hillside) 110 0.62 68.20
Land Use Class 5 (Condo - Non-waterside 2) 24 0.60 14.40
Land Use Class 6 (Villa - Waterside Attached) 54 0.47 25.38
Land Use Class 7 (Hotel) – in 1,000 Sq. Ft 322.10 0.21 67.64
Land Use Class 8 (Retail) – in 1,000 Sq. Ft 151.60 0.19 28.80
Land Use Class 9 (Waterfront Retail) – in 1,000 Sq. Ft 102.00 0.18 18.36
Land Use Class 10 (Convalescence) – in 1,000 Sq. Ft 231.60 0.17 39.37
Land Use Class 11 (Office) – in 1,000 Sq. Ft 428.30 0.15 64.25
Total Equivalent Units 433.62
Draft
Appendix E
ASSESSMENT ROLL
DRAFT
Parcel All
Assessment $28,600,000
Year Principal and Interest1 Administrative ExpensesAnnual Installment
1$813,511$51,998$865,509
2$2,288,000$53,038$2,341,038
3$2,288,000$54,098$2,342,098
4$2,328,000$55,180$2,383,180
5$2,359,800$56,284$2,416,084
6$2,393,800$57,410$2,451,210
7$2,424,600$58,558$2,483,158
8$2,452,200$59,729$2,511,929
9$2,486,600$60,924$2,547,524
10$2,517,000$62,142$2,579,142
11$2,493,440$63,385$2,556,825
12$2,526,140$64,653$2,590,793
13$2,564,160$65,946$2,630,106
14$2,596,720$67,265$2,663,985
15$2,633,820$68,610$2,702,430
16$2,669,680$69,982$2,739,662
17$2,703,910$71,382$2,775,292
18$2,746,120$72,809$2,818,929
19$2,780,140$74,265$2,854,405
20$2,820,970$75,751$2,896,721
21$2,862,440$77,266$2,939,706
22$2,898,770$78,811$2,977,581
23$2,939,570$80,387$3,019,957
24$2,983,670$81,995$3,065,665
25$3,024,900$83,635$3,108,535
26$3,067,480$85,308$3,152,788
27$3,115,240$87,014$3,202,254
28$3,161,620$88,754$3,250,374
29$3,205,450$90,529$3,295,979
30$3,255,560$92,340$3,347,900
Total$79,401,311$2,109,445$81,510,756
1 - Interest is calculated using 7.5% plus 0.5% additional interest for delinquency reserve and other uses allowed by the Act.
Assessment Roll
E ‐ 1
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, December 16, 2013
TOPIC: Discussion regarding the proposed 2014 Town Council and Board of
Trustees meeting calendar.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: November 11, 2013 December 16, 2013
Funding: Amount - $0.00 Status- Funded Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Promote Best Practice
Policy Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
From time to time, the Council/BOT regular meeting schedule requires modification due to
holidays and other events that may create a conflict for Council/Board Members and staff to
attend Council/Board meetings.
Several factors have been taken into consideration as staff prepared the 2014 meeting calendar,
including national holidays, school holidays, early voting and annual training conferences.
The calendar does not include any meeting dates for the month of July. Meetings are normally
scheduled include the Board of Trustees meetings on the 1st Monday of each month and Town
Council meetings on the 4th Monday of each month with exceptions of budget workshops or off-
site meeting retreats.
During the November 11, 2013, meeting there was discussion regarding moving the Board of
Trustees meeting to the 2nd Monday to provide additional time for Staff to gather packet material
preventing back to back meetings. After additional review with Staff and speaking with the
School Attorney we do not foresee any conflicts moving the Trustee meeting.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Select a meeting calendar and make any necessary revisions to the proposed 2014 meeting
calendar.
ATTACHMENTS
Calendar 1 – BOT 1st Monday & TC 4 th Monday
Calendar 2 – BOT 2nd Monday & TC 4 th Monday
January 2014 1 February 2014 2 March 2014 3
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 03/10-03/14 Spring Break
19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29
30 31
April 2014 4 May 2014 5 June 2014 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 05/10 Election Day
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 05/15 Canvass if necessary
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 05/19 BOT Budget Wkshp
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 05/21 TC/BOT orientation (if necessary)
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 05/30 TC Planning Retreat
27 28 29 30 25 26 27 28 29 30 31 29 30 06/05 Last Day of School
06/07 Senior Commencement
July 2014 7 August 2014 8 September 2014 9
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 5 1 2 1 2 3 4 5 6 08/08 TC Budget Wkshp 12-5:00
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 09/03 & 09/10 TC if necessary (tax)
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 09/15 PZ if necessary (short turn-around)
20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 09/14-09/17 ICMA
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31
October 2014 10 November 2014 11 December 2014 12
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 09/30-10/03 TML
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20
19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27
26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30
School Board School & Town Holiday Budget / Meeting Retreats
Town Council School Holiday Town Holiday
New Council/BOT Election Day /First/Last Day
Orientation Special Meeting to of School
Planning & Zoning Canvass Returns
Meetings
Meeting Schedule
Town of Westlake
January 2014 1 February 2014 2 March 2014 3
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 03/10-03/14 Spring Break
19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29
30 31
April 2014 4 May 2014 5 June 2014 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 05/10 Election Day
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 05/15 Canvass if necessary
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 05/19 BOT Budget Wkshp
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 05/21 TC/BOT orientation (if necessary)
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 05/30 TC Planning Retreat
27 28 29 30 25 26 27 28 29 30 31 29 30 06/05 Last Day of School
06/07 Senior Commencement
July 2014 7 August 2014 8 September 2014 9
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 5 1 2 1 2 3 4 5 6 08/08 TC Budget Wkshp 12-5:00
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 09/03 & 09/10 TC if necessary (tax)
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 09/15 PZ if necessary (short turn-around)
20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 09/14-09/17 ICMA
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31 09/30-10/03 TML
October 2014 10 November 2014 11 December 2014 12
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20
19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27
26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30
School Board School & Town Holiday Budget / Meeting Retreats
Town Council School Holiday Town Holiday
New Council/BOT Election Day /First/Last Day
Orientation Special Meeting to of School
Planning & Zoning Canvass Returns
Meetings
Meeting Schedule
Town of Westlake
May & June shuffle due to a
holiday, the election, and not
wanting to meet to late into June.
June's are pushed due to the 5/30
workshop , last day of school and
graduation
October shifted to avoid 3
consecutive Monday
meetings
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
Town of Westlake
Item # 5 –
Executive Session
Town of Westlake
Item # 6 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but
are not limited to the following: Town of Westlake Certificate of Convenience &
Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement off ers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following: Trophy
Club Municipal District Number 1
Town of Westlake
Item # 7 – Take any
Necessary Action, if
necessary
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #8
Council Recap /
Staff Direction
Town of Westlake
Item # 9 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
a. Consider approval of the minutes from the November 11, 2013, meeting.
b. Consider approval of Resolution 13-38, Adopting the 2014 Town Council and
Board of Trustees meeting calendar.
Town of Westlake
Item # 3 –
Discussion of
Consent items
Town Council Minutes
11/11/13
Page 1 of 5
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
November 11, 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon,
Wayne Stoltenberg and Rick Rennhack. Clif Cox arrived at 6:13 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant Town Manager Amanda DeGan, Town Attorney Stan
Lowry, Finance Director Debbie Piper, Planning and Development
Director Eddie Edwards, Facilities and Recreation Director Troy
Meyer, Fire Chief Richard Whitten, Director of Public Works Jarrod
Greenwood, Communications & Community Affairs Director Ginger
Awtry, Public Works Director Jarrod Greenwood, and Information
Technology Director Jason Power.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:07 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE NOVEMBER 11, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA.
Discussion ensued regarding the idling regulations and enforcement.
Town Council Minutes
11/11/13
Page 2 of 5
4. DISCUSSION ITEMS
a. Presentation and discussion regarding the process to establish a Public
Improvement District (PID) for the Entrada development and the petition
submitted to establish.
Town Manager Brymer provided an overview and update regarding the Service
Area Plan (SAP) and overview of the process to establish the PID for Entrada.
Discussion ensued regarding default insurance, the definition of assisted living,
debt absorption rate, administrative oversight, reporting process and
assessments.
b. Discussion regarding the Vision and Mission statements.
Assistant Town Manager DeGan provided an update on the Vision and Mission
statements and tier one strategy map.
Discussion ensued regarding the proposed tagline, value statement, informed
and engaged citizens, themes, and the tier one strategy map.
c. Discussion regarding the proposed 2014 meeting cal endar.
Discussion ensued regarding the additional meeting dates in September and
meetings on the 1st and 4th Mondays.
d. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections.
Facilities and Recreation Director Meyer provided an overview and status of the
project.
5. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
Town Council Minutes
11/11/13
Page 3 of 5
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. COUNCIL RECAP / STAFF DIRECTION
Staff continue review of the Balanced Scorecard and tag line revisions as discussed during
the workshop.
9. ADJOURNMENT
Mayor Wheat adjourned the workshop at 6:28 p.m.
Regular Session
1. CALL TO ORDER
Mayor called the regular session to order at 6:31 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
No one addressed the Council.
3. CONSENT AGENDA
a. Consider approval of the minutes from the October 28, 2013, meeting.
b. Consider approval of Resolution 13-35, Appointing a new member to the
Texas Student Housing Authority.
c. Consider approval of Resolution 13-36, Appointing new members to the
Historical Preservation Society.
d. Consider approval of Resolution 13-37, Supporting locally enforced motor
vehicle idling limitations for the North Central Texas region.
Town Council Minutes
11/11/13
Page 4 of 5
MOTION: Council Member Rennhack made a motion to approve consent
agenda. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0. Council Member Stoltenberg was not
present for the vote.
4. EXECUTIVE SESSION
The Council convened into executive session at 6:31p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
5. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:39 p.m.
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
MOTION: Council Member Stoltenberg made a motion directing the Town
Attorney and Staff to proceed with filing an objection with the
Texas Commission of Environmental Quality (TCEQ) regarding a
proposed bond issuance by the Trophy Club Municipal Utility
District (MUD) and direct Town Staff to work with Texas State
Representative Capriglione, the Town of Trophy Club and the
Trophy Club MUD to draft a joint statement informing our
respective constituents of our collective desire to amicably resolve
the issues before the Trophy Club MUD, the Town of Trophy Club
and the Town of Westlake . Council Member Cox seconded the
motion. The motion carried by a vote of 5-0.
7. FUTURE AGENDA ITEMS
8. COUNCIL CALENDAR
Town Council Minutes
11/11/13
Page 5 of 5
9. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 7:42 p.m.
APPROVED BY THE TOWN COUNCIL ON DECEMBER 16, 2013.
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, December 16, 2013
TOPIC: Consider approval of a resolution adopting the 2014 Town Council and
Board of Trustees meeting calendar.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: November 11, 2013 December 16, 2013
Funding: Amount - $0.00 Status- Funded Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Promote Best Practice
Policy Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
From time to time, the Council/BOT regular meeting schedule requires modification due to
holidays and other events that may create a conflict for Council/Board Members and staff to
attend Council/Board meetings.
Several factors have been taken into consideration as staff prepared the 2014 meeting calendar,
including national holidays, school holidays, early voting and annual training conferences.
The calendar does not include any meeting dates for the month of July. Meetings are normally
scheduled include the Board of Trustees meetings on the 1st Monday of each month and Town
Council meetings on the 4th Monday of each month with exceptions of budget workshops or off-
site meeting retreats.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Approve the resolution and one of the two (2) proposed 2014 meeting calendars presented and
discussed during the work session.
ATTACHMENTS
Resolution
Resolution 13-38
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 13-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ESTABLISHING REGULAR MEETING DATES AND PROCEDURES;
SETTING THE 2014 MEETING DATES OF THE TOWN COUNCIL AND BOARD OF
TRUSTEES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The Texas Local Government Code allows the governing body of a
general law municipality to establish regular meetings of the governing body by the passage of a
resolution; and
WHEREAS, The Town Council finds that it is in the best interest of the Council and
the Town’s residents that the Council shall establish regular meetings at a convenient date, time,
and place;
WHEREAS, The 2014 available regular meeting dates are hereby established in
accordance with attached Exhibit “A”.
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: The Town Council of the Town of Westlake, Texas, and Westlake
Academy Board of Trustees shall conduct regularly scheduled meetings on dates and times as
established by the Town Council. All Mondays shall be established as a day available for
regular meetings as needed. Special meetings shall be called in accordance with Section
22.038(b) of the Texas Local Government Code. The regular Council meetings shall convene
not earlier than 6:30 p.m., Board of Trustees meeting shall convene not earlier t han 6:oo p.m.,
and shall be held at the Town Hall offices located at 3 Village Circle, Westlake, Texas 76262, or
a meeting room close by, or another location designated by the Town in the meeting notice.
Work sessions or planning meetings of the Town Council or Board of Trustees may begin earlier
than the regular meeting time.
SECTION 3: The Town Council hereby sets the 2014 regular meeting schedules as
shown in the attached Exhibit “A”.
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 13-38
Page 2 of 3
SECTION 5: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 16th DAY OF DECEMBER 2013.
___________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________ ___________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Resolution 13-38
Page 3 of 3
Exhibit A
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
Town of Westlake
Item # 4 –
Executive Session
Town of Westlake
Item # 5 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but
are not limited to the following: Town of Westlake Certificate of Convenience &
Necessity (CCN) for water and sewer service.
b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement off ers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following: Trophy
Club Municipal District Number 1
Town of Westlake
Item # 6 – Take any
Necessary Action, if
necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #7 - Future
Agenda Items
COUNCIL CALENDAR
Shoulder to Shoulder & WA- Parent Informational Meeting
December 10, 2013; 7:00 pm
WA Performance Hall
Westlake Comp Plan Steering Committee Meeting
December 11, 2013; 6:00 pm
Council Chambers/Courtroom
Last Day for Christmas is for Children donations to be dropped off
December 13, 2013; Donations accepted until noon at
Westlake Firehouse-2900 Dove Road
Carter Blood Drive at Westlake Academy
December 16, 2013; 8:30 am – 2:30 pm
Lee Arts & Sciences Center; Sponsored by NHS
Westlake Academy Winter Break
December 23, 2013 - January 6, 2014
Town Offices Closed; in observance of Christmas
December 24-25, 2013
Town Offices Closed; in observance of New Year’s Day
January 1, 2014
Town of Westlake
Item # 8 –
Council Calendar
Town of Westlake
Item # 9 –
Adjournment
Back up material has not
been provided for this item.