HomeMy WebLinkAbout12-02-19 TC Agenda PacketPage 1 of 2
TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER
WESTLAKE, TX 76262
DECEMBER 2, 2019
IMMEDIATELY FOLLOWING THE BOARD OF TRUSTEE MEETING
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and
quality of life amenities amidst an ever expanding urban landscape.
Regular Session
1.CALL TO ORDER
2.DISCUSSION AND CONSIDERATION OF ORDINANCE 901 AMENDING CHAPTER
74 “SOLID WASTE”
3.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 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: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town
of Westlake
b.Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline
c.Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee:
-Town Manager
4.RECONVENE MEETING
5.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS
6.ADJOURNMENT
Page 2 of 2
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, November 26, 2019, by 5:00 p.m. under the Open Meetings
Act, Chapter 551 of the Texas Government Code.
_____________________________________
Tanya Morris, Assistant to the Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs or translation
services, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable
accommodations will be made to assist you.
Page 1 of 2
Westlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, December 02, 2019
TOPIC: Consider an ordinance amending chapter 74 “solid waste” by amending and
replacing sections 74-43 74-47, providing for fees; providing a cumulative
clause; providing a severability clause; providing a savings clause; authorizing
publication; and establishing an effective date.
STAFF CONTACT: Jarrod Greenwood, Assistant Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
Municipal &
Academic
Operations
High Quality Planning, Design &
Development - We are a desirable well
planned, high-quality community that
is distinguished by exemplary design
standards.
Preserve Desirability
& Quality of Life
Time Line - Start Date: December 2, 2019 Completion Date: December 2, 2019
Funding Amount: N/A Status - N/A Source - N/A
Contract: No Forms: N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The current Solid Waste Ordinance (Ord 851) was adopted by Town Council at the April 30, 2018
regular Town Council meeting to reflect changing environmental conditions and industry
standards, updating General Definitions, creating Liquid Waste Hauler classification and
operational requirements, as well as responding to increased development activities and the need
to establish appropriate construction requirements to protect the environment and neighboring
property owners. Changes also removed the barriers to market entry for non-franchised companies
wishing to provide construction waste services in Westlake by creating a License classification
and operational requirements.
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The proposed ordinance amendment for Council consideration will only change the amount of the
license fee charged to solid waste operators from 15% to 3%.
RECOMMENDATION
Staff recommends approval of the proposed Ordinance amendment.
ATTACHMENTS
Proposed Chapter 74 Solid Waste Ordinance
Ordinance 901
Page 1 of 5
TOWN OF WESTLAKE
ORDINANCE NO. 901
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 74
“SOLID WASTE” BY AMENDING AND REPLACING SECTIONS 74-43 74-47,
PROVIDING FOR FEES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas (“Town”) is a Type A general law
municipality incorporated and operating under the laws of the State of Texas; and
WHEREAS, the Town of Westlake Town Council (“Town Council”), pursuant to the
authority granted to it by Texas Local Government Code Section 51.001, may adopt, publish,
amend, or repeal any ordinance, rule, or police regulation that is for the good government,
peace, or order of the Town; and
WHEREAS, the Town Council, pursuant to its authority granted to it by Texas Local
Government Code Section 51.012, may adopt an ordinance, act, law, or regulation, not
inconsistent with state law, that is necessary for the government, interest, welfare, or good order
of the Town and that is not inconsistent with state law; and
WHEREAS, Texas Health and Safety Code Section 363.113 requires the Town to
review provisions of solid waste management services in its jurisdiction and assure that those
services are provided to all persons in its jurisdiction; and
WHEREAS, pursuant to Texas Health & Safety Code Section 363.111(a), the Town
Council is fully enabled to adopt rules for regulating solid waste collection, handling,
transportation, storage, processing and disposal; and
WHEREAS, the Town Council finds and determines that the currently adopted Code
of Ordinances Chapter 74 and the regulations therein were adopted pursuant to authority
granted by law and to the Town Council’s commitment to protect the health, safety, and welfare
of residents, visitors, and property owners the Town; and
WHEREAS, the Town Council finds it necessary for the public health, safety and
welfare that there be appropriate regulations for the proper disposal of trash; and
WHEREAS, the Town Council finds it necessary for the public health, safety and
welfare that there be appropriate regulation regarding the people and companies that remove
and transport waste utilizing Town rights-of-way; and
WHEREAS, the Town has the ownership of and responsibility for the waste stream and
appropriate regulations are required under state and federal law; and
Ordinance 901
Page 2 of 5
WHEREAS, the Town Council finds and determines that temporary construction waste
stored in such a manner that it spills, leaks, or blows has an adverse impact on the health, safety,
and welfare of persons, property, and rights-of-way; and
WHEREAS, the Town Council finds and determines that the regulations herein do not
prohibit or restrict the sale or use of temporary construction waste containers, but instead
establish minimum safety conditions for temporary construction waste containers; and
WHEREAS, the Town Council finds and determines that the fees established and
authorized by this ordinance were not intended to exceed the amount reasonably necessary to
provide the services and administer, monitor, and enforce the regulatory programs to which
they are related; and
WHEREAS, the Town Council finds and determines that the currently adopted fees in
Code of Ordinances Chapter 74 are necessary to 1) ensure that temporary construction waste
storage/removal services are safely provided to all persons; and 2) recover the administrative
costs of regulation, enforcement, monitoring, and the associated impact to infrastructure
resulting from temporary construction waste services; and
WHEREAS, the Town Council finds and determines that the primary purpose of the
fees currently authorized and codified in Code of Ordinances Chapter 74 is for regulation; and
WHEREAS, the Town Council finds and determines that the primary purpose of the
fees currently authorized and codified in Code of Ordinances Chapter 74 is not to raise revenue;
and
WHEREAS, the Town Council finds and determines that the objectives of this
ordinances include, but are not limited to, 1) ensuring that temporary construction waste
storage/removal services are safely provided to all persons and 2) recovering the administrative
costs of regulation, enforcement, monitoring, and the associated impact to infrastructure
resulting from temporary construction waste services; and
WHEREAS, the Town Council finds and determines that the primary purpose of the
fees authorized and adopted by this ordinance is for regulation; and
WHEREAS, the Town Council finds and determines that the primary purpose of this
ordinance is not to raise revenue; and
WHEREAS, the Town Council finds and determines that there is no conflict with State
statute or the U.S. or Texas Constitutions as to the passage or enforcement of this Ordinance;
and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice of the
time, place and purpose of said meeting was given as required by Chapter 551, Texas
Government Code; and
Ordinance 901
Page 3 of 5
WHEREAS, the Town Council finds and determines that the passage of this Ordinance
is for the good government, peace, or order of the Town; and
WHEREAS, the Town Council finds and determines that the passage of this Ordinance
is necessary or proper for carrying out a power granted by law; and
WHEREAS, the Town Council finds and determines that the adoption of this
Ordinance is in the best interests of and necessary to protect the health, safety, and welfare of
the public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Article III of the Code of Ordinances Chapter 74, titled
“Commercial Solid Waste, Liquid Waste, and Recyclable Materials Operators,” is amended by
amending and replacing Section 74-43, which shall read as follows:
Sec. 74-43. – Fees; purpose.
Each commercial solid waste transporter must pay a monthly fee to the town for use
of streets, roadways and rights-of-way. Such fee is imposed with the objective of recovering
the administrative costs of regulation, enforcement, monitoring, and the associated impact to
infrastructure resulting from solid waste transport services
SECTION 3: That Article III of the Code of Ordinances Chapter 74, titled
“Commercial Solid Waste, Liquid Waste, and Recyclable Materials Operators,” is amended by
amending and replacing Section 74-47, which shall read as follows:
Sec. 74-47. – Solid waste license fee.
(a) Each commercial solid waste operator that has been granted a license under this
article must pay a license fee equal to three percent (3%) of the operator's gross
revenues from the collection, hauling, or transporting of commercial and
industrial solid waste collected within the town, after excluding therefrom the
revenues licensee received from the collection, hauling, or transporting of
recyclable material collected within the town.
(b) Each commercial solid waste operator must pay the required license fee monthly
to the Town within thirty (30) days following each month. Each monthly
payment must be computed on the revenues for the month preceding the month
in which the payment is due. Each commercial solid waste operator must provide
with each monthly payment a statement of the gross revenues upon which the
Ordinance 901
Page 4 of 5
payment is computed, prepared according to generally accepted accounting
practices, and signed by an authorized representative of the licensee. The
commercial solid waste operator must pay a late penalty of ten percent (10%)
per annum, compounded daily, on any monthly payment, or portions thereof,
that is paid subsequent to the required payment date.
(c) Each monthly payment must also be accompanied by a listing of the location
and number of commercial containers serviced by the commercial solid waste
operator in the Town.
(d) The Town may inspect and audit the commercial solid waste operator's records
upon which payments to the town are computed and paid. If the Town's
inspection or audit shows that the commercial solid waste operator has
underpaid an amount required to be paid under this article, the commercial solid
waste operator must pay the deficiency within sixty (60) days of the date the
town gives the commercial solid waste operator written notice of the deficiency.
If the deficiency is more than ten percent (10%) of the amount the commercial
solid waste operator was required to pay for the quarter, the commercial solid
waste operator must also pay a penalty of ten percent (10%) per annum on the
deficiency and the Town's reasonable cost incurred for the inspection or audit.
(e) The Town's acceptance of a payment is not deemed to be a release or an accord
as satisfaction of any claim the Town may have for further or additional sums
payable under this article. The town is not liable to refund to the commercial
solid waste operator any payment the commercial solid waste operator makes to
the Town that is more than the amount required to be paid by commercial solid
waste operator under this article.
SECTION 4: No prosecution or administrative action pending, and no violation of
or noncompliance with any prior ordinance shall be affected or terminated by the passage of
this ordinance.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
Ordinance 901
Page 5 of 5
SECTION 7: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 2ND DAY OF DECEMBER 2019.
_____________________________
ATTEST: Laura Wheat, Mayor
_____________________________________ ______________________________
Tanya Morris, Assistant to the Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The
Town of Westlake
b. Section 551.071(2) – Consultation with City Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline
c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee:
- Town Manager
Town Council
Item # 3 – Executive
Session
Town Council
Item # 4 – Reconvene
Council Meeting
NECESSARY ACTION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following: Cause No.
236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake
b. Section 551.071(2) – Consultation with City Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline
c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the
appointment, employment, evaluation, reassignment, duties, of a public officer or
employee:
- Town Manager
Town Council
Item # 5 – Necessary Action
Town Council
Item # 6 – Adjournment
Regular Session