HomeMy WebLinkAbout09-28-20 TC Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER
WESTLAKE, TX 76262
T n r r n w x o F September 28, 2020 VIA VIRTUAL MEETING
IJV ESTLAKE
5:00 P.M.
In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19,
2020, the Town Council of the Town of Westlake will conduct this virtual meeting at 5:00 p.m. on
Monday, September 28, 2020 by video and telephonic conference in order to advance the public
health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of
the Coronavirus (COVID-19). There will be no public access to the physical location described
above. A recording of the virtual meeting will be made and will be available to the public in
accordance with the Open Meetings Act. Instructions for public participation in the meeting by video
conference and telephonic conference are as follows:
Bv Video: By Telephone:
http://bit.ly/towtc092820 Local: (346) 248-7799 or (888) 799-0099
Webinar ID: 993 6517 3813 Webinar ID: 993 6517 3813
Passcode: 264789 Passcode: 264789
�ision Statement
An oasis ofnatura/beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and
quality of life amenities amidst an ever expanding urban landscape.
Reuular Session
1. CALL TO ORDER
2. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda.
For those joining by videoconference: Any person desiring to make a public comment
using a Windows computer must first press the "Raise Hand" button on the screen.
Alternatively, the AIt+Y keyboard shortcut may be used to raise or lower their hand. Any
person desiring to make a public comment using a Mac computer must first press the '�Raise
Hand" button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to
raise or lower their hand.
For those joining by teleconference: Any person desiring to make a public comment must
first press star-nine (*9) on their telephone keypad to '�Raise their hand" to speak. Persons
joining the meeting by teleconference may mute and unmute their phones by pressing star-
6 (*6).
TC Agenda-9/28/20
Page 1 of 4
Citizens will be placed in a queue based on the order the hands were raised. The presiding
ofFicer will recognize callers based on the order of the queue, where they will be asked to
state their name and address. Individual citizen comments are normally limited to three (3)
minutes; however, time limits can be adjusted by the presiding officer. The presiding officer
may ask the citizen to hold their comment on an agenda item if the item is posted as a Public
Hearing. 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. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community
Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report
on the following items: (1) expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of individuals; (4) reminders about
upcoming Town Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and safety.
4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and
will be enacted with one motion. There will be no separate discussion of items unless a Council
Member or citizen so requests, in which event the item will be removed from the general
order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on August 24, 2020.
b. Consider approval Resolution 20-28, authorizing the Town Manager or designee to
execute an Agreement with Robin McCafFrey to raise funds and implement a public art
project proposed by the committee and artist.
c. Consider approval of Resolution 20-29, approving an Economic Development
Agreement between the Town of Westlake and the Marriott Solana Hotel.
d. Consider approval of Resolution 20-30, approving Board appointments and
reappointments to the Westlake Academy Foundation Board.
5. DISCUSSION ITEMS
a. Presentation and discussion regarding the Northwest Metroport Chamber of Commerce
program and related activities.
6. DISCUSSION AND CONSIDERATION OF ORDINANCE 915, APPROVING A
NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE
("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE
COMPANY'S 2020 RATE REVIEW MECHANISM FILING.
7. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING RESOLUTION 20-31
FOR A REPLAT OF LOT 10R, BLOCK K,VAQUERO PHASE 1 RESIDENTIAL ADDITION
FOR AN APPROXIMATELY 1.838-ACRE PORTION OF PLANNED DEVELOPMENT
DISTRICT 3, PLANNING AREA 1 (PD 3-1), LOCATED AT 1718 WISTERIA WAY.
TC Agenda—9/28/20
Page 2 of 4
8. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 - Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or(2) to deliberate the offer of a financial or other incentive to a business
prospect described by Subdivision (1) for the following:
- Front 44
- Entrada
b. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters
in which the duty of the Town Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Texas Government Code - FM 1938 access for proposed Southlake development.
c. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding
Granada Homeowners' Association matters.
9. RECONVENE MEETING
10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
11. 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.
12. COUNCIL RECAP/STAFF DIRECTION
13. 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.
TC Agenda—9/28/20
Page 3 of 4
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, September 25, 2020, by 5:00 p.m. under the
Open Meetings Act, Chapter 551 of the Texas Government Code.
Todd Wood, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the
Town Secretary's Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made
to assist you.
TC Agenda—9/28/20
Page 4 of 4
Town Cou nci I
Item #2 — Citizen Comments
CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda.
For those joining by videoconference: Any person desiring to make a public comment
using a Windows computer must first press the "Raise Hand" button on the screen.
Alternatively, the AIt+Y keyboard shortcut may be used to raise or lower their hand. Any
person desiring to make a public comment using a Mac computer must first press the
"Raise Hand" button on the screen. Alternatively, the Option+Y keyboard shortcut may be
used to raise or lower their hand.
For those joining by teleconference: Any person desiring to make a public comment
must first press star-nine (*9) on their telephone keypad to "Raise their hand" to speak.
Persons joining the meeting by teleconference my mute and unmute their phones by
pressing star-6 (*6).
Citizens will be placed in a queue based on the order the hands were raised. The presiding
ofFicer will recognize callers based on the order of the queue, where they will be asked to
state their name and address. Individual citizen comments are normally limited to three
(3) minutes; however, time limits can be adjusted by the presiding officer. The presiding
officer may ask the citizen to hold their comment on an agenda item if the item is posted
as a Public Hearing. The Council cannot by law take action nor have any discussion or
deliberations on any presentation made to the Council at this time concerning an item not
listed on the agenda. The Council will receive the information, ask staff to review the
matter, or an item may be noticed on a future agenda for deliberation or action.
Town Council
ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on
Items of Community Interest pursuant to Texas Government Code
Section 551.0415 the Town Council may report on the following items:
(1) expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of individuals; (4) Item # 3 — Items of
reminders about upcoming Town Council events; (5) information about Community Interest
community events; and (6) announcements involving imminent threat
to public health and safety.
Additiona/Items
• Giving Day Results (Sept 17t")
• WA ist day of in-person school (Sept 215t)
Ca/endar ofMeetings/Events:
Town Council Work Session/Meeting
Monday, September 28, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
Possible Coffee&Conversation with the Mayor/School Board President
Monday, October 5, 2020; 8:00— 9:30 am
Westlake Fire-EMS Station OR via Facebook Live event
Board of Trustees Work Session/Meeting
Monday, October 5, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
Planning &Zoning Work Session/Meetinq
Monday, October 12, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
CANCELLED: Westlake Classic Car Show
Saturday, October 17, 2020, 11am-4pm
2902 Sam School Rd. Westlake, TX 76262
Town Council Work Session/Meeting
Monday, October 26, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
Possible Coffee&Conversation with the Mayor/School Board President
Monday, November 2, 2020; 8:00 —9:30 am
Westlake Fire-EMS Station OR via Facebook Live event
Board of Trustees Work Session/Meeting
Monday, November 2, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
Planning &Zoning Work Session/Meeting
Monday, November 9, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
Westlake Municipal Offices CLOSED for Thanksgiving Holiday
Thursday and Friday, November 26 & 27, 2020
Holiday impacts to your trash and recycling schedule will be displayed at least a week before each major
holiday. Please call Republic Services Customer Response Team at 602-237-2078 with any additional
questions you may have about your holiday schedule.
Town Council Work Session/Meeting
Monday, November 30, 2020; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - Council Chambers OR via Teleconferencing
*Reminde�:Agendas for all municipal/academic meetings are posted a minimum of72 hours before the meeting begins and can be found
on our Town's website under the tab "Government/Aqendas&Minutes."
**For meetin_q aqendas and detai/s on WA ca/endar events or Municipa/ca/endar events,p/ease visit the West/ake Academy website or the Town of
Westlake website for further assistance.
Town Council
Item # 4 — Consent
Agenda
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on August 24, 2020.
b. Consider approval Resolution 20-28, authorizing the Town Manager or
designee to execute an Agreement with Robin McCaffrey to raise funds and
implement a public art project proposed by the committee and artist.
c. Consider approval of Resolution 20-29, approving an Economic Development
Agreement between the Town of Westlake and the Marriott Solana Hotel.
d. Consider approval of Resolution 20-30, approving Board appointments and
reappointments to the Westlake Academy Foundation Board.
T H E t o w h o �
WESTLAKE
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
August 24, 2020
In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020,
the Town Council of the Town of Westlake conducted its regular meeting following the Board of
Trustees meeting at 5:00 p.m. on Monday, August 24, 2020 by video and telephone conference in
order to advance the public health goal of limiting face-to-face meetings (also called "social
distancing") to slow the spread of the Coronavirus (COVID-19). There was no public access to the
physical location described above. A recording of the telephonic meeting was made and is available
to the public.
PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Greg Goble, Alesa
Belvedere, and Rajiv Trivedi. Rick Rennhack joined the meeting at 5:20 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah
Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney
Stan Lowry, Town Secretary Todd Wood, Director of Information
Technology Jason Power, Director of Finance Debbie Piper, Director
of Facilities&Public Works Troy Meyer, Director of Communications
Ginger Awtry, Communications Manager Jon Sasser, Business
Manager Marlene Rutledge and Finance & Budget Analyst Kelsey
Wong.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the Regular Session to order at 5:12 p.m.
2. CITIZEN COMMENTS
Mayor Wheat provided a brief summary of instructions to the public for citizen comments.
No one addressed the Town Council.
TC Minutes—8/24/20
Page 1 of 6
3. ITEMS OF COMMUNITY INTEREST
Communications Manager Jon Sasser provided an update on this item.
Office closure: Westlake Town Hall will be closed on Monday, September 7th in observance
of Labor Day. Although the municipal offices will be closed, waste and recycling pickup will
not be affected.
Upcoming meetings: The next Town Council and Board of Trustees meeting is scheduled
for September 14, 2020.
Coffee and Conversation with the Mayor: This event is tentatively scheduled for
September 14, 2020.
Westlake Classic Car Show: The 10t" annual Westlake Classic Car Show is scheduled to
be held on October 17, 2020.
Westlake Academy: Town Manager/Superintendent Amanda DeGan indicated that the
first day of on-campus instruction for students at Westlake Academy will be September 21,
2020. Any delay in this date would need to be approved by the Board of Trustees.
Mayor Wheat asked if there were any metrics that would be used in determining additional
delays to the planned return date. Mrs. Degan replied that there were, stating first that the
Public Health Plan that has been developed would be submitted to local health ofFicials.
While this is not required, these plans help to demonstrate whether additional closures are
warranted at the County level based on the protocols that have been put in place. This also
helps the County to provide proper guidance to school leadership, if necessary.
Mayor Wheat then asked if the Westlake Classic Car Show would be held if it were scheduled
for this weekend. Mrs. DeGan said that it would not.
4. EXECUTIVE SESSION
The Town Council convened into Executive Session at 5:18 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 - Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect described by Subdivision (1) for the following:
- Front 44
- Entrada
TC Minutes—8/24/20
Page 2 of 6
b. Section 551.071(2) — Consultation with Town 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 551.071 Consultation with Attorney - to seek advice of counsel regarding
Granada Homeowners' Association matters.
5. RECONVENE MEETING
Mayor Wheat reconvened the public meeting at 8:05 p.m.
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
7. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting on June 8, 2020.
b. Consider approval of Resolution 20-22 to approve the tax rolls for tax year 2020
on property within the Town; approving the estimated tax collection rate; and
designating an official to calculate the no-new-revenue and voter-approval tax rates.
c. Consider approval of Resolution 20-23, authorizing the donation of surplus Self-
Contained Breathing Apparatus equipment (SCBAs) to Texas A&M Forest Service
Helping Hands Program.
MOTION: Council Member Belvedere made a motion to approve the consent
agenda. Council Member Goble seconded the motion. The motion
carried by a vote of 5-0.
8. DISCUSSION AND CONSIDERATION OF RESOLUTION 20-24, ADOPTING A
MAXIMUM PROPOSED AD VALOREM TAX RATE, TAKE A RECORD VOTE, AND
SETTING THE DATE FOR THE PUBLIC HEARING AND ADOPTION OF THE
OPERATING BUDGET AND TAX RATE FOR FISCAL YEAR 2020-2021.
Mrs. DeGan presented this item, noting that this year's budget did not have a ��theme",
unlike previous years. She began by explaining a new term that has resulted from the last
legislative session, called the '�No New Revenue Tax Rate", which replaces the former
'�Effective Tax Rate" term. This is the total rate calculated to raise the same amount of
property tax revenue from the same properties. The term "Rollback Tax Rate" has now
been replaced by the term ��Voter Approval Tax Rate". This term is the highest tax rate that
may be adopted without holding an election requiring voter approval, unless the De Minimis
Tax Rate exceeds the Voter Approval Tax Rate. In previous years, this rate was limited to
TC Minutes—8/24/20
Page 3 of 6
an 8% percent increase from the prior year and is now limited to a 3.5% increase. Given
the Town's current property tax rate of $0.1618 per $100 valuation, four property tax
scenarios were explained in consideration in the FY 20/21 budget:
1. Current Tax Rate: $0.1618
2. No New Revenue Tax Rate (formerly, '�Effective Tax Rate"): $0.16809
3. Voter Approval Rate (formerly, '�Rollback Tax Rate'�: $0.18969
4. De Minimis Rate: $0.20216
Mrs. DeGan noted that unless the current tax rate is adopted, the No New Revenue Tax
Rate represents the smallest increase, and the average Westlake homeowner would pay an
additional $101 annually in municipal property taxes. If the Town were to adopt the Voter
Approval Tax Rate, it would represent nearly a 3.5% increase. In this scenario, the average
Westlake homeowner would pay an additional $378 annually in municipal property taxes.
Mrs. DeGan did not recommend adoption of the current tax rate for the upcoming year, as
it could place the Town in a less secure financial position. The No New Tax Revenue Rate
would allow the Town to remain steady. The Voter Approval Tax Rate would raise additional
revenues and preserve more operating days into fund balance. She then stated that
calculations were not made on the De Minimis Rate, as staff did not feel that previous
Council direction would support the adoption of this rate.
Mrs. Degan then presented the Financial Overview for all funds in the proposed FY 20/21
municipal budget, inclusive of a 2% employee pay increase. In this scenario, it is projected
that $700k of the Town's fund balance would be used. This calculation also includes very
conservative revenue projections, and Mrs. DeGan stated that staff is not convinced that
development will occur as anticipated. If this occurs, the Town is likely to see an additional
$800k-$iM reduction in development fees, and this is an area that we should be mindful of
moving forward as conversations are continued.
The General Fund Five-Year Forecast was then presented and showed a continual reduction
of operating days through 2025. The ending fund balance using the No New Revenue Tax
Rate in the FY 20/21 budget indicated that operating days would be reduced from 448 to
395, calculated at a cost of $28,795 per day.
Mrs. Degan then presented a property tax rate comparison and explained the corresponding
impact of each in the proposed FY 20/21 budget. If the Council were to adopt the No New
Revenue Tax Rate, approximately $160k in additional revenue would be added to fund
balance. In this scenario, staff would delay several capital projects and identify other
expenditure reductions to mitigate the estimated $700k use of fund balance. If the Council
were to adopt the Voter Approval Tax Rate, approximately $477k in additional revenue
would be added to fund balance, and operating days are estimated to be reduced from 448
to 413. Adoption of the Voter Approval Tax Rate would retain an additional 17 operating
days when compared to the No New Revenue Tax Rate.
Mrs. DeGan then explained that this meeting's discussion would not set the tax rate. The
Town Council is required to take a record vote, set a Public Hearing date, and consider the
tax rate for the upcoming year. Staff recommended that the public notice should state that
the maximum ad valorem rate would be $0.18969 per $100 valuation. This would allow the
Council to have the flexibility to set a lower tax rate if they chose to do so, provided that
TC Minutes—8/24/20
Page 4 of 6
the rate did not exceed the maximum rate listed in the Public Hearing Notice. The Public
Hearing Date, adoption of the FY 20/21 budget, and setting of the tax rate would be on the
regular Town Council meeting agenda scheduled for September 14, 2020.
Mrs. Degan then asked the Council for direction as to what should be posted in the Public
Hearing Notice. Council Member Langdon asked if there was any wisdom in posting the
higher De Minimis tax rate, as valuations have yet to be received from Denton County,
although she was not suggesting that the Town adopt this rate. Mayor Wheat said she felt
that posting this rate would appear high to the public. Council Member Trivedi stated that
he felt it was best to stay in between the No New Revenue Tax Rate and the Voter Approval
Tax Rate. Mayor Wheat then stated that while fund balance has decreased somewhat, the
Town has positioned itself conservatively in the past to provide a buffer when there is a
decrease in fund balance. Council Member Rennhack and Council Member Trivedi agreed.
The consensus of the Council was to post the Voter Approval Tax Rate as the maximum
rate for the Public Hearing Notice.
MOTION: Council Member Rennhack made a motion to approve Resolution 20-
24, adopting a maximum proposed ad valorem tax rate of $0.18969,
take a record vote, setting the date for the Public Hearing, and adoption
of the operating budget and tax rate for fiscal year 2020-2021 on
September 14, 2020. Council Member Goble seconded the motion. The
motion carried by a vote of 5-0.
9. DISCUSSION AND CONSIDERATION OF ORDINANCE 912, UPDATING THE
SOLANA PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN
AND ASSESSMENT ROLL 2020.
Mary Petty from Petty &Associates presented this item. She began by stating that the PID
Service and Assessment Plan is required to be updated every year. The primary purpose of
the PID Service and Assessment Plan Update is to update the assessment roll, which is then
sent to Tarrant County for the collection of taxes.
Mrs. Petty provided a brief explanation of the main components of the PID Service and
Assessment Plan, including required disclosures, how residents are notified of the taxes
assessed in the PID and the communication between the PID management team, investors
and residents. She then asked if she could answer any questions.
Council Member Langdon asked what was included in the administrative costs contained in
the report. Mrs. Petty stated that this includes fees charged by Petty &Associates, Tarrant
County collection fees, miscellaneous legal fees, audit fees, and trustee fees.
Mayor Wheat then asked who normally sees this report. Mrs. Petty replied that after
approval, it is sent to the original underwriter, the Town's bond counsel and financial
advisor, the Tarrant County Appraisal District, and to the project's investors.
MOTION: Council Member Goble made a motion to approve Ordinance 912.
Council Member Belvedere seconded the motion. The motion carried
by a vote of 5-0.
TC Minutes—8/24/20
Page 5 of 6
10. FUTURE AGENDA ITEMS:
None.
11. BOARD RECAP/STAFF DIRECTION
Publish the notice for the Public Hearing on September 14th with the maximum tax rate of
$0.18969.
Provide a list of cost-saving measures identified by staff to be provided to the public.
12. AD70URNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Trivedi seconded the motion. The motion carried
by a vote of 5-0.
Mayor Wheat adjourned the meeting at 9:05 p.m.
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.
APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 28, 2020.
ATTEST:
Laura Wheat, Mayor
Todd Wood, Town Secretary
TC Minutes—8/24/20
Page 6 of 6
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent oisriNorivE sv o�sicN
Westlake Town Council Meeting
Monday, September 28, 2020
ToPrC: Consider approval of a resolution authorizing the Town Manager or
designee to execute an Agreement with Robin McCaffrey to raise funds
and implement a public art project proposed by the committee and artist.
STaFF CoNTaCT: Noah A. Simon, Deputy Town Manager
Strategic Alignment
i i � . � . . , ; . .
� �
- 1 �
Mission: Wcstlakc is a
unique community blcnding
preservation of our natural
environment and
viewscapes,while serving Natural Oasis-Preserve& Encourage Westlake's
our residents and businesess N/A Maintain a Perfect Blend of the Unique Sense of Place
with superior municipal and Community's Natural Beauty
academic services that are
accessible, efficient, cost-
effective,&trans arent.
Time Line- Start Date: October l, 2020 Completion Date: N/A
Funding Amount: N/A Status - N/A Source-N/A
Contract: Yes Forms: Forms 1295 &2270
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Russell Tether and Robin McCaffrey have been working for the past 3.5 years under a limited
services contract which originally authorized $25,000 for the development of a Public Art Plan
(with citizen input) and articulation of a Public Art strategy going forward from the plan. After
completion of those tasks, the Westlake authorized an additional $25,000 for support of a Public
Art Competition Advisory Committee (which met monthly for 2 yrs.), determination of a Public
Art Budget, and administering a Public Art Competition. These tasks were completed with the
selection of a finalist artist. Since then, Russell Tether and I have been directing the artist and his
Page 1 of 2
team through execution of activities specified in the scope letters accompanying the first and
second honorariums (awarded by the Town of Westlake). Compensation for this "directing"phase
has been accommodated through a development services contract with the Town and some
additional billing from Russell Tether for his individual work.
Recent communications from the Artist make it clear that the final "Artist Concept" will be
completed to a stage appropriate for presentation by early June. This important event marks the
beginning of the very important Fund-Raising stage of the Public Art Project. The budget for the
work recommended by the Public Art Competition Advisory Committee was $850,000.
Discussion with the artist and refinement of his concept will produce a work that is estimated to
cost what the recommended budget establishes. However, it is also clear that a much more
important work can be accomplished with a greater scale of the work itself and, therefore, the
beneficial impacts on Town would be greatly enhanced by seeking additional money in this fund-
raising effort. In terms of return on this "investment", the Public Art Plan establishes the
importance of"artistic distinction"to the preservation of value within an ever-shrinking Westlake-
High Value sub-market; making any investment in the"work"return"value"in terms of sustained
home prices. This makes the fund-raising stage of the Pubic Art Program extremely important to
the future of Westlake.
Russell Tether and I (hereinafter the Funding Team) anticipate that the road forward is hard to
"nail down" in terms of time required and the complexity of ineetings/contacts/solicitations
necessary to raise the funds hoped for.
RECOMMENDATION
Staff recommends entering into the Agreement to raise funds for the public art project.
ATTACHMENTS
Mesa Planning Agreement
Forms 1295 and 2270
Resolution
Page 2 of 2
MESA + PLANI� IN �
INTRODUCTION:
The following is a proposed scope of work and compensation structure for further work on the Westlake
Public Art Project. Russell Tether and Robin McCaffrey have been working for the past 3.5 years under a
limited services contract which originally authorized $25,000 for the development of a Public Art Plan
(with citizen input)and articulation of a Public Art strategy going forward from the plan. After completion
of those tasks, the Westlake authorized an additional $25,000 for support of a Public Art Competition
Advisory Committee (which met monthly for 2 yrs.), determination of a Public Art Budget, and
administering a Public Art Competition.These tasks were completed with the selection of a finalist artist.
Since then, Russell Tether and I have been directing the artist and his team through execution of activities
specified in the scope letters accompanying the first and second honorariums (awarded by the Town of
Westlake). Compensation for this "directing" phase has been accommodated through my development
services contract with the Town and some additional billing from Russell Tether for his individual work.
Recent communications from the Artist make it clear that the final "Artist Concept" will be completed to
a stage appropriate for presentation by early June.This important event marks the beginning of the very
important Fund-Raising stage of the Public Art Project. The budget for the work recommended by the
Public Art Competition Advisory Committee was $850,000. Discussion with the artist and refinement of
his concept will produce a work that is estimated to cost what the recommended budget establishes.
However, it is also clear that a much more important work can be accomplished with a greater scale of
the work itself and, therefore, the beneficial impacts on Town would be greatly enhanced by seeking
additional money in this fund-raising effort. In terms of return on this "investment", the Public art Plan
establishes the importance of "artistic distinction" to the preservation of value within an ever-shrinking
Westlake-High Value sub-market; making any investment in the "work" return "value" in terms of
sustained home prices. This makes the fund-raising stage of the Pubic Art Program extremely important
to the future of Westlake.
Russell Tether and I (hereinafter the Funding Team)anticipate that the road forward is hard to"nail down"
in terms of time required and the complexity of ineetings/contacts/solicitations necessary to raise the
funds hoped for. Therefore, the Funding Team is recommending that compensation, for work done in
pursuit of funds, be provided as a percentage of the funds raised that will paid to the Funding Team.
Further, it is important that the curators,who served two(2)years on the Public Art Competition Advisory
Committee without compensation, continue to be engaged to support the funding effort with their
expertise and qualifications (which underpin the artistic importance of the work) and that such
engagement be compensated on an hourly basis.
The following proposal specifies the scope of work to be compensated by the"percentage of funds raised"
and services by the curator members of the Public Art Competition Advisory Committee to be
compensated on an hourly basis. Finally,the proposal, below, also specifies support of the Town that will
be necessary.
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SCOPE OF SERVICES
Part One: Fund-Raising work of the Funding Team, supported by the "Percent of "Funds Raised"
Compensation Method
Task 1.1:Continued work with the Artist,
Robin McCaffrey and Russell Tether (the Funding Team) will continue to work with the artist and direct
his completion of, and refinement of,the Pubic Art Concept.The first review of this"developed" concept
will likely be in early August and include the WPACAC curators in a digital conference with the Artist.
Members of the Town are also requested to be a part of that conference. Further refinements that the
meeting participants agree are necessary will be supervised by the Funding Team, as part of this task.
Task 1.2:Solicitations,
Once the Public Art Concept Presentation is determined to be ready for further presentation (such
determination will be made by the Funding Team and consulting curators), an initial presentation to the
Town Council will be conducted. After Council review, the Funding Team will embark upon a series of
"solicitations",seeking funding commitments for the work and its installation.The Funding Team will keep
the Town informed of such meetings and make requests, from time to time, for meeting space at Town
Hall. Certain solicitations may include corporate citizens of significant stature and, therefore, such
solicitation meetings may benefit from involvement by the Town Manager or Mayor. If such is determined
to be necessary,the Funding Team will apprise the Town Manager and work toward a workable meeting
time.
Task 1.3: Presentations,
It will be necessary to prepare. and conduct,a presentation pitch which demonstrates the work,describes
its importance as a work of art, portrays its beneficial impacts to the future of the Town, and makes clear
its importance as a continuing legacy for the donors (which can be memorialized in enduring ways). The
presentation will also include supporting, and on-going, efforts of the community which support the work
as a central element in the form and life of Westlake. The Funding Team will make presentations when
they determine such is necessary and on occasion, may engage the participation of the Town and/or the
consulting curators.
Task 1.4: Negotiations,
The process of solicitation may include negotiations regarding recognition, use of funds, performance
relative to release of funds, etc.The Funding Team will, in such cases,find the "common ground" in such
negotiations and, when involving the Town in any reciprocal obligation, review this with the Town for
further comment and approval.
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Task 1.5: Budget and Expenses
The Funding Team shall meet with the Town Manager (or her designee) to develop a budget specifying
funds that maybe needed for host events, conduct meetings, and other expenses, related to support of
the Funding Team's, Fund-Raising efforts (as described herein). These budgeted funds are in addition to
the compensation for the Funding Team (specified herein as 10.5% of the funds raised by the Funding
Team) and deemed necessary to accomplish the goals of acquiring funds for the Public Art piece. The
amount budgeted for these support expenses for the time period of October 1, 2020 to September 30,
2021 shall not exceed $25,000 unless additional funds are approved and authorized by the town by a
process which the Town deems necessary. Town approval of the budget shall precede any work by the
Funding Team which would, in the opinion of the Funding Team, depend on those funds.
Task 1.6: Events,
It will be appropriate,and necessary, at certain points along the way to host Funding Events. Such events
are often part of any fund-raising campaign and may be centered around certain thresholds of funding
attainment, presentations by the artist, or other noteworthy occasions which can serve to motivate
potential donors. The Funding Team will identify occasions for such Events, which will be hosted by the
Town (upon written Town approval).
Task 1.7: Management of the Curator Involvement,
The Consulting curators play an important role in authentication of the work as something that makes an
enduring contribution to art in general. Many of the anticipated donors are more interested in supporting
good art than in supporting municipal programs. Therefore, the perception of Westlake's Pubic Art as
truly artful is underwritten by the presence of the consulting curators.These curators will be brought into
the Fund-Raising Program from time to time as experts who can speak to this issue in a meaningful way.
MESA Planning shall gather the time and expenses of the curators and prepare an aggregate invoice for
curatorial services reflecting the billable hours and expenses of each curator incurred during any one-
month billing period.The Town shall pay the Curators individually.
Task 1.8: Reporting
MESA-Planning shall provide monthly update e-mails (with attachments as deemed necessary) to the
Town Manager and Mayor regarding the status of the project and fund-raising efforts.
Part Two: Curator Involvement, supported by hourly billing
Task 2.1: Reviews,
During the completion of the Artist's Concept and throughout the Fund-Raising effort, the Curators who
participated in Westlake's Public Art Competition Advisory Committee (hereinafter known as the
Curatorial Team)will be called upon to review and opine on the work itself.The Curatorial Team may also
participate in discussions and/or events (described above)wherein they express their view of the work.
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Task 2.2: Meetings,
During the completion of the Artist's Concept and throughout the Fund-Raising effort,the Curatorial Team
may be asked to participate in meetings which include internal Team meetings, Solicitation meetings,
Town meetings, and/or Events.
Part Three: Support by the Town of Westlake
Task 3.1: Events,
The Town of Westlake plays an essential role in the Public Art effort. Primarily seen as the "Patron" the
Town is the center of this program. Therefore,the Town is the appropriate host for any events supporting
its Public Art Program. The Funding Team will identify event opportunities and review with the
appropriate person at the Town (designated to support this effort). Where agreement on the proposed
event has been reached,the Town will undertake its organization and execution.
Task 3.2: Press Releases and other Public Relations,
A key element in the sustained visibility of the Westlake Public Art Program will be press releases and
other media coverage of the milestones accomplished in this effort.The Funding Team will work with the
individual, designated by the Town as the public relations coordinator, in providing updates, text, and
background necessary to conduct press releases(at key times) and other media coverage.
Task 3.3: Funding Repository,
As funds are committed by potential donors, there must be a place where those funds can be held and
from which they can be allocated.Also,there must be a system of tracking fund commitments and receipt
of the funds themselves. The Funding Team will work with the individual designated by the Town as the
Funds Coordinator in connecting the donors' commitments/contributions with the funding repositories.
Task 3.3: Meeting Space,
As described above, it will be necessary, from time-to-time, to have meetings at Town Hall. Therefore,
the Town will work with the Funding Team to provide space for such meetings
Task 3.4:General Involvement,
As described above, it will be highly beneficial to the Funding Campaign for Municipal leadership to be
present, from time-to-time. Therefore, the Funding Team will coordinate with the Town Manager as to
when such involvement may be needed.
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MESA + PLANI� IN �
FEES
WORK SCOPE PARTICIPANT COMPENSATION
Part One: Fund Raising The Funding Team 10.5%of the Funds received by
the Town as a result of Fund-
Raising efforts of the Funding
Team. Payable to MESA
Planning when the funds are
paid to the Town.
Part Two:Curator Involvement Curatorial Team: Hourly at the rate of$100/hr.
Rebecca Lawton to be billed by MESA Planning
Judy Deaton on behalf of the Curators and
Sue Canterbury paid to Curators by the Town
Patricia Delaforno
Paloma Anaveros
Chris Worley
Barry Whistler
Katie Blair
Part Three:Support by the Excluded from this contract
Town
CONDITIONS:
This proposal concludes with the raising of funds for installation of a Work of Public Art. Efforts beyond
the fund raising, such as:
a. Coordination with any engineers, architects, landscape Architects or other professionals
important to the installation of the work, or
b. Updating the Town regarding the installation, or
c. Reviewing the installation on behalf of the Town, or
d. Monitoring the installation is any way is not included in this proposal
1. The Client will provide the following:
a. Support of Fund-Raising effort as described in the Scope of Services
b. Available base maps, surveys, deed restrictions and/or legal obligations associated with
the project area
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c. Historic photographs
d. Coordination with on-going projects such as the Knolls and potential development of the
Core Logic property.
e. Coordination with necessary public actions by the Town Council or Planning Commission
f. Coordination with Town departments
2. Not included in this proposal are the following:
a. This proposal concludes with the raising of funds for installation of a Work of Public Art.
Efforts beyond the fund raising are not a part of this proposal, such as:
i. Coordination with any engineers, architects, landscape Architects or other
professionals important to the installation of the work, or
ii. Updating the Town regarding the installation, or
iii. Reviewing the installation on behalf of the Town, or
iv. Monitoring the installation in any way
v. Construction drawings or art designs
vi. Engineered drawings and/or cost estimates
vii. Legal services/ reviews
viii. Liabilities associated with Art Installation
3. This Agreement may be terminated by either party at any time by a notice to the other party, in
writing,which termination shall be effective upon receipt. If such termination shall occur without
fault or breech by MESA Planning, MESA Planning shall be entitled to be paid for services
authorized by the Client up to the time of termination,the products of which shall be provided to
the Client, in keeping with the terms of service contained in this Agreement.
4. Town will be responsible for payment of all Curator fees and reimbursables expended through
the date of termination.
5. MESA Planning may subcontract consultants in the performance of any services described in this
agreement (with Town approval) at no additional cost to the Town. If applicable, Town
procurement policies shall apply.
6. Compensation for all services shall be paid in Dallas, Dallas County,Texas.
7. Invoice Schedule: Curator billing will be on a progress basis at the end of each month. Percent of
funds raised payments shall be made at the end of any month in which donated funds have been
paid to the Town.The Town shall notify MESA Planning when donated funds have been paid and
MESA Planning shall prepare an invoice for the percentage specified above.
8. Terms: Payments are due within a maximum of forty-five (45) days from receipt of invoice.
9. If the client fails to make payments to MESA Planning in accordance with this agreement, such
failure shall be considered substantial non-performance and cause for termination or, at MESA
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MESA + PLANI� ING
Planning's option, cause for suspension of performance of service under this agreement. If MESA
Planning elects to suspend service, prior to suspension of services, MESA Planning shall give seven
(7) days written notice to the client. In the event of a suspension of services, MESA Planning shall
have no liability to the client for delay or damage caused to the client because of such suspension
of services. Before resuming services, MESA Planning shall be paid all sums due prior to
suspension and any expenses incurred in the interruption and resumption of MESA Planning's
services.The Parties agree to hold each other harmless from and indemnify each party from and
against damages, reasonable attorney's fees, and/or other expenses related to the claim which
each party may incur as a result of any claim arising out of such suspension of work. Neither party
will be required to hold harmless or indemnify any party against a claim arising from the willful
misconduct or negligence of the other party to this agreement.
10. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the
professional practices of persons registered as Architects in Texas. Texas Board of Architectural
Examiners, P.O. Box 12337, Austin, Texas 78711-2337; tele: 512.305.9000; fax: 512.305.9005; e-
mail: www.tbae.state.tx.us.
11. LIMITATION OF LIABILITY: To the maximum extent permitted by law, the Client agrees to limit
MESA Planning's liability for the Client's damages to the sum of MESA Planning's fees indicated in
this proposal. This limitation shall apply regardless of the cause of action or legal theory pled or
asserted.
12. By making visits to the art site, MESA Planning is not assuming the responsibilities of the artist,
builder, Construction Manager, Construction Superintendent or any of their agents or
subcontractors.
13. Plans, drawings and specifications or other writings or documents prepared or provided by MESA
Planning hereunder are prepared as instruments of service for this Project only, but may be used
by MESA Planning for purposes of illustrating the scope and nature of project involvement for
business development purposes. MESA Planning shall provide Client with a reproducible set of
drawings and text for its records. MESA Planning shall not provide processes or mechanisms that
are proprietary in nature and part of the intellectual property of MESA Planning.
14. It is expressly understood and agreed that MESA Planning shall not have control of, or charge of,
or be responsible for construction, means, methods,techniques, sequences or procedures, or for
safety precautions or programs in connection with the Project or for the acts or omissions of any
contractor, subcontractor or other persons performing work for the Site, and the Client shall
indemnify MESA Planning and hold MESA Planning harmless from and against any and all claims,
demands, losses, costs, liabilities and damages including, without limitation, reasonable
attorney's fees and expenses, incurred by MESA Planning and arising out of or related to any of
the aforesaid.
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15. Notwithstanding any other provision of this Agreement, MESA Planning and MESA Planning's
sub-consultants shall have no responsibility for the discovery, presence, handling, removal,
disposal or exposure of persons to hazardous materials in any form at the project site, including
but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other
toxic substances.
16. During the term of this Agreement, MESA Planning shall maintain: Professional liability insurance
in an amount not less than $1,000,000 per occurrence and $1,000,000 annual aggregate.
17. MESA Planning shall indemnify and hold the Client harmless from and against loss,claims,actions,
damages, liability and expenses in connection with loss of life,personal injury,damage to property
or any other loss or injury arising directly from or out of the negligent performance of the Scope
of Work described herein. MESA Planning shall not be required, however,to indemnify any party
against a claim arising from the willful misconduct or negligence of that party.
18. Should any provision contained in this Agreement for any reason be held to be void, invalid, illegal
or unenforceable, such determination shall not affect any other provision hereof, and this
Agreement shall be considered as if the entirety of such void, invalid or unenforceable provision
had never been contained in this Agreement.
19. In the event disputes are not satisfactorily resolved through informal discussions, the Client and
MESA Planning agree that all disputes between them arising out of or relating to this Agreement
shall be submitted to non-binding mediation. In the event that the parties to this Agreement are
unable to reach a settlement through mediation, then such disputes shall be settled through
litigation, in a court of competent jurisdiction.
20. This Agreement shall be administered and interpreted under the laws of the State of Texas.
Exclusive venue shall lie in any court of competent jurisdiction located in a mutually agreed upon
venue.
21. All notification to either party by the other that is required under this Agreement shall be
personally delivered or mailed to such party at the following respective addresses:
Amanda DeGan Robin McCaffrey AIA, FAICP
Town Manager MESA Planning
Town of Westlake 11700 Preston Road, Suite 660-299
1500 Solana Blvd. Bldg. 7, Suite 7200 Dallas, Texas 75230
Westlake,TX 76262 Phone: 214-543-9557
Accepted:
Town of Westlake by Amanda DeGan,Town Manager Date
MESA-Planning by Robin H. McCaffrey FAICP,AIA Date
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S Name af business entiky filing iorm,and the city,state and cauntry af the husiness entiry's piace C�rtificate Num6er:
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Public Art Fund Raising
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�orms pravided by Texas Ethics Commissian www.ethicsstate.tx.us Versian V1.1.3a6aaf7d
TOWN OF WESTLAKE
RESOLUTION NO. 20-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH ROBIN
MCCAFFREY TO RAISE FUNDS FOR THE PUBLIC ART PROJECT.
WHEREAS, the Town currently desires to implement components of the Public Art Plan
and having selected an artist for the creation and eventual implementation of public art within the
Town of Westlake; and
WHEREAS, funds are needed to design, construct and install the work proposed by the
artist procure the work proposed by the artist; and
WHEREAS, the Town desires to enter into an Agreement with Robin McCaffrey to raise
funds for this public art proj ect; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the people of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION L• That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council hereby authorizes the Town
Manager to sign an Agreement with Robin McCaffrey to raise funds to support the public art
proj ect.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective October 1, 2020.
Resolution 20-28
Page 1 of 2
PASSED AND APPROVED ON THIS 28TH DAY OF SEPTEMBER 2020.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 20-28
Page 2 of 2
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent oisriNorivE sv o�sicN
Westlake Town Council Meeting
Monday, September 28, 2020
ToPrC: Consideration of a Resolution Approving an Economic Development
Agreement between the Town of Westlake and the Marriott Dallas/Fort
Worth Westlake Hotel.
STaFF CoNTaCT: Debbie Piper, Finance Director
Ginger Awtry, Administrative Services Director
Strategic Alignment
i i � . � . . , ; . .
� �
- � �
Exemplary Service&Governance
-We set the standard by delivering Increase Revenue
Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Streams
educational services at the lowest
cost.
Time Line- Start Date: October 1, 2020 Completion Date: September 30,2021
Funding Amount: $105,000 Status - Funded Source-VAF (Hotel Tax)
Contract: Yes Forms: Forms 1295 &2270
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This proposed twelve (12) month economic development grant agreement includes both the
"Shuttle Bus Transportation Cost" as well as the "Incentive Program". If approved, this would
be the eleventh consecutive year the Town has partnered with the Marriott Dallas/Fort Worth
Westlake Hotel ("Marriott") regarding the "Incentive Program". Prior to this, the Town
participated in only the Hotel's shuttle bus system costs.
Below is a description of both portions of this proposed economic development grant that would
disburse hotel/motel occupancy tax funds from the Town to the Marriott.
Page 1 of 3
• Shuttle Bus Transportation Cost Participation. An amount of $80,000 has been
proposed in FY 20-21 budget far the Town's participation in a portion of the operating cost
of Marriott providing shuttle bus service to its guests. This is the same amount adopted in
the prior year. The FY 19-20 budget was reduced to $40K due to the closure of the hotel;
therefore, lack of transportation needs. Marriott management has shared with Council in
previous meetings the importance this shuttle bus service has to this property maintaining
its competitive position in the local market, particularly competing with the Hilton at
Southlake Town Center and the Marriott at the TeXas Motor Speedway. Marriott Westlake
management has emphasized repeatedly to Council that this shuttle bus service is essential
for this property to succeed; both in terms of keeping its existing business bookings and in
terms of growing its income stream by marketing to new businesses. In addition to
providing shuttle services to and from DFW airport for Marriott guests, this bus service
also provides hotel guests with transportation to area shopping/entertainment venues
(Southlake Town Center) and corporate training centers.
• Group Business Incentive Program. The proposed FY 20-21 budget for this portion is
$25,000. The incentive initiated in the prior year will continue with the added 50-99
actualized total room nights related to the sliding scale noted below. FY 19-20
expenditures for this program totaled$7,400.
Prior to FY 19-20, the Town was paying a maximum of$7,500 for each group; 10% of the
room night revenue up to a maximum of$5,000 and 10%of the food and beverage revenue
up to a maXimum of$2,500.
Below are the details of the new group and local catering incentive program totaling
$25,000:
• Dollar amount back per room rather than percentage of overall program, based on
a sliding scale to assist in closing business
0 50-99 actualized total room nights - $8 back per room night
0 100-200 actualized total room nights - $10 back per room night
0 201-349 actualized total room nights - $12 back per room night
0 350+ actualized total room nights - $14 back per room night
o Friday/Saturday peak with 50 actualized total rooms night - $10 back per
room
o Groups cannot have hosted an event in last 18-months and the Marriott must
be competing against another city and/or home city
o Funds to cap at$5,000 per group
• Dollar amount back per person rather than percentage back of overall program,
based on a sliding scale to assist in closing business
o $4,000 Food and Beverage Minimum Contracted - $6 back per person
o $6,000 Food and Beverage Minimum Contracted- $8 back per person
o $8,000+Food and Beverage Minimum Contracted - $10 back per person
o Groups cannot have hosted an event in the last 18-months and the Marriott
must be competing against another city and/or home city
o Funds to cap at$2,500 per local group
Page 2 of 3
This proposed grant agreement is a reinvestment in the tourist sector of the Town's economic
development efforts (an allowed use under State law for these hotel occupancy taX funds) which
will allow the Marriott to more effectively compete in a recovering,but still very competitive hotel
market. This proposed agreement continues the requirement for performance measures to be
included in required quarterly reports submitted by the Marriott to the Town. These reports will
be important for evaluating the success and impact of this economic development grant on: 1.)
maintaining this important Town revenue stream and 2.) growing this revenue stream in a
challenging and highly competitive economic environment.
In is important to recognize that, under State law, this is a grant of public dollars for economic
development purposes. As such,this agreement also includes "claw back"provisions that, should
the Town determine that the Marriott has not spent these grant funds for their intended purpose,
the Town can require that those funds be repaid with interest. Additionally, if it is determined that
the group business program is not achieving its objective, the Staff will notify both the hotel's
management and the Council to take steps to address its performance or recommend the program
not be renewed upon eXpiration of the grant agreement, although this has not been the case to date.
The Town receives 7% of the 13%hoteUmotel occupancy tax allowed by State law.
The FY 19-20 budget was reduced from $816,700 to $349,723 due to the closure of the hotel and
Deloitte facilities in April because of the COVID-19 pandemic. FY 20-21 contains an estimated
receipt of$378K of which $350K is likely to be from the Marriott. This represents approximately
97% of the Visitors Association Fund and is derived primarily from the Town's only hotel, the
Marriott Westlake. The remaining estimated $28K is received from Deloitte University. Of the
total $28K, only 50% is retained by the Town due to an economic development agreement.
In the past, the Town has utilized hotel/motel occupancy taX funds for many important programs
including funding costs related to special events such as Arbor Day, Car Show, Community Tree
Lighting, as well as the MasterWorks outdoor concert series at Westlake. Additionally, because
Westlake has broader statutory authority under State law than most cities to spend hotel/motel
occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of
various municipal operational costs.
The Town Council adopted an updated economic development policy in 2016 (Resolution 16-30).
This proposed agreement comports to that policy. Further, this economic development agreement
fits with the Town's Adopted Strategic Plan Vision Points.
RECOMMENDATION
Recommend adoption of the resolution approving this economic development grant agreement
ATTACHMENTS
Resolution
Marriott Dallas/Fort Worth Westlake Economic Development Agreement
Forms 2270 and 1295
Page 3 of 3
Form T�C 2�7Q
V��X�ICAT�QN RE UIRED BY T�XAS GOV�F�NM�NT C�DE CHAPTER Z�70
Con�ract identifi�r: _ ,�!'an a,�.;c (/.�aCo�;�#.•�f ,Q�r�t,�r�
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1, Company dae� not boy�ott I�raef; and
2, Camp�ny will nflt baycotr�srael durir�g the term Qf the eontract,
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required by Texas Government Code 5ectlon 2270.QD2�rtd said statem�nt5 corrtained therein are true and torreck,
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befare the�ity can enter into the contr�tt.
�ER�IFiCA�'E �F liV1"�i�E�TED P/�RTIES
FflFtM 1���
1 4t 1
Complete Nos.1-4 and 6 if there are inlerested parties. OFFICE 11SE Of�lLY
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1 Nome of pusiness en�ity f�ling iarm,and thc clty,stale and country ol the business entiry's plaaQ Certiticate Number:
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M�rrlolC�al�as Fort Wof[h Wesllake `•
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CERTIF�CATE �F INTERESTED RARTIES
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1 Name af husiness entity tiling farm,and[he ci[y,state And Courliry of the business�ntiry's place Certificate Number:
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Marriokt Dallas Fort Worth Westlake
I Westlake,7?C IJnited States �aC�Filed:
� 09I221202Q
7 Name of gdvemmental entity or si�te agency that is a party to the contract vr which khe tarm is
belny filed.
7own ot 1hlestlake,Texas Date Acknawledc�ed:
091221242Q
3 Pra�ide the identification number used�y the gavernmental enlity or stAte agency ta track or identi{y Ihe cantract,and pro�ide a
descriptipn�f the gerviGes,gvnds,nr other prqperty to be provided under the contract.
FY2p-21
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A
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6 UNSW�RN UECLARATION
My name is , and my daie af birth is -
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Executed in County, State df _,an#he day a(`,24
{monlhy (Yea�)
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{fieclaran!}
Forms prav�ded 6y Texas Eihics Commissinn www.eti�ics.state,tx,us Versiofl V1,1.3a6aaf7d
TOWN OF WESTLAKE
RESOLUTION 20-29
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MARRIOTT
DALLAS/FORT WORTH WESTLAKE.
WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified
"Fiscal Responsibility" as a Vision Point as well as "Financial Stewardship" as a Perspective that
must be addressed to move the Town towards this Vision Point; and,
WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to
support its general operations; and,
WHEREAS, the Town Council desires to have new and eXisting businesses that maintain
and grow their sales and use tax streams, which in turn, enhances the Town's financial position and
sustainability per its Strategic Plan; and
WHEREAS, the Town Council acknowledges that the Town's Visitors Association Fund is
a key component of its financial structure and that an economic development grant to the Marriott
Dallas/Fort Worth Westlake Hotel will help solidify and maintain that structure; and,
WHEREAS, Town has an updated economic development policy adopted by Resolution
16-30 and that this proposed economic development agreement with the Marriott Dallas/Fort Worth
Westlake meets those policy guidelines and meets the requirements of State law for municipalities
to grant 380 economic development grants to businesses located in their boundaries; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves
the Economic Development Grant Agreement with the Marriott Dallas/Fort Worth Westlake
attached hereto as Exhibit "A"and Hotel Support Program as Exhibit "B"and further authorizes the
Town Manager to execute said agreement on behalf of the Town of Westlake.
Resolution 20-29
Page 1 of 14
SECTION 3: If any partion of this Resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
SECTION 4: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 28th DAY OF SEPTEMBER 2020.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 20-29
Page 2 of 14
Exhibit "A"
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is
entered into by and between the TOWN OF WESTLAKE, TEXAS (the "Town"), a Type-A
general law municipal corporation organized under the laws of the State of Texas, and
MARRIOTT HOTEL SERVICES, INC. D/B/A MARRIOTT DALLAS/FORT WORTH
WESTLAKE, ("Marriott"), a Hotel. The Town and Marriott are collectively referred to as the
"Parties".
RECITALS
The Town and Marriott hereby agree that the following statements are true and correct and
constitute the basis upon which the Town and Marriott have entered into this Agreement:
A. Marriott operates a 294 (288 plus 6 suites) room, full-service hotel located at 1301
Solana Blvd. Building #3, Westlake, Texas, (the "Hotel") The Hotel provides a valuable catalyst
for visitors, tourism, and economic development to the Town.
B. To increase visitors and tourism, and to maximize the economic benefits that the
Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement.
C. In accordance with Resolution No. 16-30, adopted by the Town Council on August
22, 2016, the Town has established an economic development incentive policy and program
pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages
authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the
TeXas Constitution, and other applicable laws, that include monetary loans and grants of public
money, as well as the provision of personnel and services of the Town, to businesses and entities
that the Town Council determines will promote State or local economic development and stimulate
business and commercial activity in the Town in return for verifiable commitments from such
businesses or entities to cause specific infrastructure, employment and other public benefits to be
made or invested in the Town (the "380 Program").
D. The Town Council has determined that by entering into this Agreement, the potential
increase of visitors and tourism and economic benefits that will accrue to the Town under the terms
and conditions of this Agreement are consistent with the Town's economic development objectives
and the 380 Program and will further the goals for positive economic growth, visitors and tourism
in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code
and the 380 Program.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Resolution 20-29
Page 3 of 14
AGREEMENT
1. INCORPORATION OF RECITALS.
The Town Council has found at a duly-called and legally-noticed public meeting through
the adoption of Town Resolution attached hereto as Exhibit "A" and hereby made a part of this
Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth
above are incorporated herein and true and correct and form the basis upon which the Parties have
entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms shall have
the definitions ascribed to them as follows:
380 Pro�ram has the meaning ascribed to it in Recital C.
Affiliate means all entities, incorporated or otherwise, under common control with,
controlled by or controlling Marriott. For purposes of this definition, "control" means fifty
percent (50%) or more of the ownership determined by either value or vote.
Program Grants means the annual allowable economic development grants paid (whether
in one or multiple installments) by the Town to Marriott in accordance with this Agreement
and as part of the 380 Program.
Program Source Funds means an amount of Town funds legally available for inclusion in
a Program Grant that is payable to Marriott in a given Program Year, which shall be derived
from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to
Chapter 351 of the TeXas TaX Code, or other legally available funds of the Town.
Program Year means the Town's fiscal year (i.e. October 1 through September 30th) in
which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant,
beginning with the first fiscal year following the eXecution of this Agreement.
Quarterlv Report has the meaning ascribed to it in Section 4.2.
Records have the meaning ascribed to it in Section 4.3.
Term has the meaning ascribed to it in Section 3.
Town of Westlake Hotel Support Pro�ram has the meaning ascribed to it in Section 4.1.
3. TERM.
This Agreement shall be effective as of the date of eXecution by the Parties (the "Effective
Date") and, unless terminated earlier in accordance with this Agreement, shall expire one
(1) year from the EXecution Date.
Resolution 20-29
Page 4 of 14
4. TOWN AND MARRIOTT'S OBLIGATIONS AND COMMITMENTS.
4.1. Town of Westlake Hotel Support Pro�ram
The total amount to be granted by the Town to Marriott under the terms of this
Agreement for the Town of Westlake Hotel Support Program shall not exceed
$105,000 with said Town of Westlake Hotel Support Program, consisting of the
following:
a. Group Booking Incentives, the requirements for which are attached hereto as
Exhibit "C" and hereby made a part of this Agreement for all purposes (the
"Hotel Support Agreement") and details the obligations of Marriott to
receive, and the Town to grant, the Program Grants from the Program Source
Funds during the Program Year related to group bookings at the Hotel. The
purpose of this component of the Town's Hotel Support Program shall be to
increase new group bookings for the Hotel and to not incur a decrease in
overall group meeting business (i.e. all group bookings at the Hotel both of
new group business and repeat group business), thus increasing economic
development through tourism and business development activity in the
Town. The Group Booking Incentives provided by the Town under this
Agreement to the Hotel shall not eXceed $25,000 during the term of this
Agreement.
b. Transportation Costs, for which a total sum of$80,000 shall be provided by
the Town under this Agreement to cover a portion of the operating cost for
bus transportation services provided by the Marriott for guests of the Hotel.
Funds disbursed by the Town under this component of the Town's Hotel
Support Program shall be made at the end of each Town fiscal year quarter
following submission by Marriott, and acceptance by the Town, of the
Quarterly Report for the preceding quarter. The purpose of this component of
the Town's Hotel Support Program is to enhance the Marriott's ability to
increase room nights and retain existing room nights at the Hotel (as reported
in Section 4.2 below), thus increasing economic development through
tourism and business development activity in the Town. At all times during
the term, the name "Westlake, Texas" shall be visibly reflected and marked
on both sides of any shuttle buses or vehicles used by the Hotel.
4.2. Reports and Filings. On a quarterly basis during the Term, Marriott shall submit a
written report to the Town specifically delineating its compliance with this
Agreement (the "Quarterly Report"). The Town Manager shall receive the Quarterly
Report no later than thirty (30) days from the end of each quarter. Said Quarterly
Report will contain, as a minimum, the following performance measure information
for the reporting period for the Town to measure the effectiveness of its investment
in this grant of public funds to Marriott for this Hotel:
Resolution 20-29
Page 5 of 14
• Total funds paid to date aggregate under this Agreement during the contract
term to Marriott regarding group incentives of the Town's Hotel Support
Program described in Section 4.1 of this Agreement
• Total funds spent to date by Marriott for the activities and purposes set out in
Section 4.1 of this Agreement
• Increases in average daily occupancy at the Hotel
• Decreases in average daily occupancy at the Hotel
• Number of room nights generated by new group bookings at the Hotel
• Number of room nights generated by repeat group business, bookings at the
Hotel, number of bus transportation trips daily to DFW Airport for guests at
the Hotel
• The number of new group bookings made for the Hotel during the reporting
period and the number of repeat group business bookings made for the Hotel
during the reporting period.
• A brief description of marketing/sales efforts made during the reporting
period for the Hotel including:
o the number and type of new group sales prospects identified, targeted,
and group sales closed by Marriott sales staff during the reporting
period
o the number and type of new group sales made by contacts from
outside the Hotel Marriott
• Average number of bus transportation trips daily to off-premise meeting
locations for guests at the Hotel
• Average number of bus transportation trips daily to other off-premise
locations (entertainment, shopping, etc.) for guests at the Hotel
• Operating costs incurred by the Hotel during the quarter for shuttle bus
transportation services
4.3. Audits. Per the requirements of State law and the Town ordinance establishing the
Town's hotel-motel occupancy taX, the Town will have the right throughout the Term
to audit any and all financial and business records of Marriott that relate to the
performance of this Agreement and any other documents necessary to evaluate
Marriott's compliance with this Agreement or with the goals set forth in this
Agreement, including, but not limited to construction documents and invoices
(collectively "Records"). Marriott shall make all Records available to the Town at
the Hotel or at another location in the Town acceptable to both parties following
reasonable advance notice by the Town and shall otherwise cooperate fully with the
Town during any audit.
5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS
DEADLINES AND COMMITMENTS.
5.1. Continuous Operation. Following the Completion Date, if Marriott fails to
continuously operate a full-service hotel at 1301 Solana Blvd. Building #3,
Westlake, Texas, 76262, the Town shall have the right to terminate this Agreement
Resolution 20-29
Page 6 of 14
by providing written notice to Marriott without further obligation to Marriott
hereunder.
5.2. Failure to Pav Town Taxes or Fees. An event of default shall occur under this
Agreement if any legally-imposed Town taxes or fees owed on, or generated by, the
hotel become delinquent and Marriott or the Affiliate does not either pay such taXes
or follow the legal procedures for protest and/or contest of any such taxes. In this
event, the Town shall notify Marriott in writing and Marriott shall have sixty (60)
calendar days to cure such default. If the default has not been fully cured by such
time, the Town shall have the right to terminate this Agreement immediately by
providing written notice to Marriott and shall have all other rights and remedies that
may be available to it under the law or in equity.
5.3 Violations of Town Code, State or Federal Law. An event of default shall occur
under this Agreement if any written citation is issued to Marriott or an Affiliate due
to the occurrence of a violation of a material provision of the Town Code at the
Hotel (including, without limitation, any violation of the Town's Building or Fire
Codes and any other Town Code violations related to the environmental condition of
the Hotel; or to matters concerning the public health, safety or welfare) and such
citation is not paid or the recipient of such citation does not properly follow the legal
procedures for protest and/or contest of any such citation. An event of default shall
occur under this Agreement if the Town is notified by a governmental agency or unit
with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest
thereto, any third party with access to the Hotel pursuant to the express or implied
permission of Marriott or an Affiliate, or any a successor in interest thereto, is in
violation of any material state or federal law, rule or regulation on account of the
Hotel, improvements on the Hotel or any operations thereon (including, without
limitation, any violations related to the environmental condition of the Hotel; the
environmental condition other land or waters which is attributable to operations on
the Hotel; or to matters concerning the public health, safety or welfare). Upon the
occurrence of such default, the Town shall notify Marriott in writing and Marriott
shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has
diligently pursued cure of the default but such default is not reasonably curable
within thirty (30) calendar days, then such amount of time that the Town reasonably
agrees is necessary to cure such default. If the default has not been fully cured by
such time, the Town shall have the right to terminate this Agreement immediately by
providing written notice to Marriott and shall have all other rights and remedies that
may be available to under the law or in equity.
5.4. Unauthorized Use of Funds and Requirement for Repayment to Town. If, during
an audit by the Town under the provisions of this Agreement, the Town determines
that the proceeds of this grant have not been utilized by Marriott for the purposes
outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure
(following written notice from the Town) and, if Marriott fails to cure per the written
notice from the Town, Marriott shall immediately remit to the Town the entire
amount under this Agreement paid by the Town to Marriott during the reporting
period during which the Town has identified that Marriott was not in compliance
Resolution 20-29
Page 7 of 14
with the terms of this Agreement. If said amount is not remitted to the Town within
30 calendar days from the end of the cure period, that amount demanded for
repayment to the Town plus six (6) percent simple interest on the repayment amount
shall be due, in full, to the Town. For the purposes of this Section, Simple Interest"
is defined as a rate of interest applied to the aggregate amount of the Program Grants
paid by the Town to Marriott during the reporting period in which Marriott was in
violation of this Agreement.
5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if
Marriott fails to submit any report required by and in accordance with Section 4.2,
the Town's obligation to pay any Program Grants at the time, if any, shall be
suspended until Marriott has provided and is current on all reports.
5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in
default under this Agreement if Marriott breaches any term or condition of this
Agreement. In the event that such breach remains uncured after thirty (30) calendar
days following receipt of written notice from the Town referencing this Agreement
(or, if Marriott has diligently and continuously attempted to cure following receipt of
such written notice but reasonably requires more than thirty (30) calendar days to
cure, then such additional amount of time as is reasonably necessary to effect cure,
as determined by both parties mutually and in good faith), the Town shall have the
right to terminate this Agreement immediately by providing written notice to
Marriott.
6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP.
It is expressly understood and agreed that Marriott shall not operate as an independent
contractor or as an agent, representative or employee of the Town. Marriott shall have the
exclusive right to control all details and day-to-day operations relative to the Hotel Support
Program and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. Marriott
acknowledges that the doctrine of respondent superior will not apply as between the Town
and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees,
and invitees. Marriott further agrees that nothing in this Agreement will be construed as the
creation of a partnership or joint enterprise between the Town and Marriott.
7. INDEMNIFICATION.
MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS,
SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO MARRIOTT'BUSINESS AND ANY RESULTING
LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY
Resolution 20-29
Page 8 of 14
RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT' BREACH
OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY
ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS
OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR
RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL
SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR
OBLIGATIONS OF THIS AGREEMENT.
8. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified
mail,postage prepaid, or by hand delivery:
Town• Marriott•
Town of Westlake Marriott Dallas/Fort Worth Westlake
Attn: Town Manager Attn: General Manager
1500 Solana Blvd, Bldg. 7, Suite 7200 1301 Solana Blvd, Bldg. #3
Westlake,Texas 76262 Westlake, Texas 76262
With Copies to (which shall not
constitute notice):
Boyle&Lowry,L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, TeXas 75062
Resolution 20-29
Page 9 of 14
9. ASSIGNMENT AND SUCCESSORS.
Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations
under this Agreement to an Affiliate without the approval of the Town so long as Marriott,
the Affiliate and the Town first execute an agreement approved by the Town Council of the
Town of Westlake under which the Affiliate agrees to assume and be bound by all
covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not
assign, transfer or otherwise convey any of its rights or obligations under this Agreement to
any other person or entity without the prior consent of the Town Council, conditioned on (i)
the prior approval of the assignee or successor and a finding by the Town Council that the
proposed assignee or successor is financially capable of ineeting the terms and conditions of
this Agreement and (ii) prior execution by the proposed assignee or successar of a written
agreement with the Town under which the proposed assignee or successor agrees to assume
and be bound by all covenants and obligations of Marriott under this Agreement. Any
attempted assignment without the Town Council's prior consent shall constitute a breach and
be grounds for termination of this Agreement and following receipt of written notice from the
Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under
this Agreement shall be deemed"Marriott"for all purposes under this Agreement.
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement will be subject to all applicable Federal, State and local laws, ordinances,
rules and regulations, including, but not limited to, all provisions of the Town's codes and
ordinances, as amended.
11. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, the Town does not waive or surrender
any of its governmental powers or immunities that are outside of the terms, obligations, and
conditions of this Agreement.
12. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
party's right to insist upon appropriate performance or to assert any such right on any future
occasion.
13. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises based on any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas — Fort Worth
Division. This Agreement shall be construed in accordance with the laws of the State of
Texas.
Resolution 20-29
Page 10 of 14
14. NO THIRD-PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the Town and
Marriott, and any lawful assign or successor of Marriott, and are not intended to create any
rights, contractual or otherwise, to any other person or entity.
15. FORCE MAJEURE.
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, inclement weather, or other circumstances which are reasonably beyond the
control or knowledge of the party obligated or permitted under the terms of this Agreement
to do or perform the same, regardless of whether any such circumstance is similar to any of
those enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to such
requirement shall be extended for a period of time equal to the period such party was
delayed. Notwithstanding anything to the contrary herein, it is specifically understood and
agreed that Marriott' failure to obtain adequate financing to complete the Required
Improvements by the Completion Deadline shall not be deemed to be an event of force
majeure and that this Section 15 shall not operate to eXtend the Completion Deadline in such
an event.
16. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for or against any party,regardless of the actual drafter of this Agreement.
17. SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and
phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or
section of this Agreement shall be declared unconstitutional or illegal by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
Agreement since the same would have been eXecuted by the Parties without the
incorporation in this Agreement of any such unconstitutional phrase, clause, sentence,
paragraph or section. It is the intent of the Parties to provide the economic incentives
contained in this Agreement by all lawful means.
18. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
Resolution 20-29
Page ll of 14
19. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the Town and
Marriott, and any lawful assign and successor of Marriott, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and
void to the extent in conflict with any provision of this Agreement. Notwithstanding
anything to the contrary herein, this Agreement shall not be amended unless executed in
writing by both parties and approved by the Town Council of the Town in an open meeting
held in accordance with Chapter 551 of the Texas Government Code.
20. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original,but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
Town of Westlake: Marriott Dallas/Fort Worth Westlake
By: By:
Amanda DeGan, Town Manager Juan Calderon, General Manager
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry, Town Attorney
Resolution 20-29
Page 12 of 14
Exhibit `B"
TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM
Description•
A cooperative marketing program designed to assist the Marriott in securing group and convention
business. The groups can be new business or groups that have previously met at the hotel but are
considering other hotels.
Guidelines:
Requests for funds shall be submitted at the bid time, not after the group has made their decision
to book at the host hotel.
Applications may be submitted for groups/conventions that take place in the current fiscal year
(October 1 - September 30) or future years.
• Dollar amount back per room based on a sliding scale to assist in closing business
0 50-99 actualized total room nights - $8 back per room night
0 100-200 actualized total room nights - $10 back per room night
0 201-349 actualized total room nights - $12 back per room night
0 350+ actualized total room nights - $14 back per room night
o Friday/Saturday peak with 50 actualized total rooms night - $10 back per room
o Groups cannot have hosted event in last 18-months and the Marriott must be
competing against another city and/or home city
o Funds to be capped at $5,000 per group
• Dollar amount back per person based on a sliding scale to assist in closing business
o $4,000 Food and Beverage Minimum Contracted - $6 back per person
o $6,000 Food and Beverage Minimum Contracted- $8 back per person
o $8,000+Food and Beverage Minimum Contracted - $10 back per person
o Groups cannot have hosted an event in the last 18-months and the Marriott must be
competing against another city and/or home city
o Funds to remain capped at $2,500 per local group
• The Town of Westlake shall receive sponsor recognition in all correspondence and at the
meeting/convention in an appropriate manner.
• Upon completion of the event or meeting, a completed Post Meeting Summary is required
prior to the release of full financial assistance. The report will be used to evaluate the
effectiveness of the Town of Westlake Funds participation, as well as review future
participation.
• Annually, the Marriott will generate a Town of Westlake Funds report to the Town
Manager, or his designee, showing the dollars expended and the direct room nights
generated via this important resource.
Resolution 20-29
Page 13 of 14
Procedures•
The Application shall include the following information before it will be reviewed:
• Hotel Information: Date of Application, Name of Host Hotel Sales Manager and
Phone Number.
• Group Information: Group Name,Contact Name, Address,Phone Number, Program
Dates, Estimated Room Nights, Estimated Room Night Revenue, Estimated Catering
Revenue, Estimated Outlet Revenue.
• Miscellaneous Information: Additional information pertinent to the group.
• Si nag tures: The Application shall be signed by the host hotel Sales Manager and
Director of Sales prior to it being submitted for approval. The Application shall be
approved by the Town of Westlake within ten days providing that all of the
requested information is received.
Once the Application has been approved, the signed application will be sent back to the requesting
Sales Manager at the host hotel.
The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is
signed by the group. Funds shall not be available if this information is not received at least ten days
prior to the group/convention. The Town of Westlake may choose to send a welcome letter to
the group and offer to provide community brochures or other information to the
group/convention attendees.
Since funds are reserved for every Application that is approved, the host hotel shall inform the
Town of Westlake with written authorization to release the funds should a group choose another
destination.
Submit Application and Correspondence to:
The Town of Westlake
Attn: Ginger Awtry, Administrative Services Director
1500 Solana Blvd., Bldg. 7, Suite 7200
Westlake, TX 76262
817 490 5712 Phone
817 430 1812 Fax
Disbursement of Funds:
At the time of invoice,the host hotel shall submit the following information:
1. A computerized report documenting the actual room nights booked by the group and
verification of the actual room night revenue. The disbursement of funds may be reduced based
on the program guidelines if the group generated less room night revenue than was originally
stated on the Application.
2. Samples of the Town of Westlake's sponsor recognition.
Resolution 20-29
Page 14 of 14
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent �isriNorivE sv o�sicN
Westlake Town Council Meeting
Monday, September 28, 2020
ToP[C: Consideration of a Resolution Appointing and Reappointing Board
Members to the Westlake Academy Foundation.
STaFF CoNTac'T: Todd Wood, Town Secretary
Strategic Alignment
� � � . � . . , � . .
� �
- I �
High Quality Planning,Design&
Informed&Engaged Development-We are a desirable
Cirizens/Sense of Municipal& �,ell planned,high-quality Encourage Westlake's
Community Academic Operations community that is distinguished by Unique Sense of Place
exemplary design standards.
�
Outside the Scope of Idenrified Strategic Iniriatives
Time Line - Start Date: September 28, 2020 Completion Date: June 30, 2021
Funding Amount: 0.00 Status - � Not Funded Source - N/A
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Westlake Academy Foundation currently has four(4)Directors with expiring terms, and each
Director has communicated their desire for a three-year reappointment. In addition, two (2)
applications have been received indicating interest to serve on the WAF Board of Directors. Upon
approval, these applicants would assume unexpired vacancies to ensure that terms remain evenly
staggered. Current Directors requiring reappointment are listed in the Resolution with terms
expiring in 2023. New applicants are shown with terms expiring in 2021 and 2022.
RECOMMENDATION
Staff recommends approval of the Resolution.
ATTACHMENTS
WAF Board Applications
Resolution
Page 1 of 1
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Society of Wesflake WestEake Academy Faundatian Saard Dther:
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Ap�li�ant's Name: Lindsay McGrath
Address: 59z5 Stagecaach Cir
City, State, Zip: Westlaice, TX 76252
Hflw Lar�g Have You Lived A#l�his Address? 14 m�nths
Email Address: Lindsay.mcgrath5�gmail.com
Home Phone#: Fax#:
Wark Phone#: Ce11#� 310-889-4019
Occupation, Experiencel�egrees held: BA Cir�ema Television from The l�niversity af Sauthern
�aliforn"sa, Advertising �xecuti�e 2DDQ-2��9, working at Publicis, �aremus(�mnicom Agency}, and
McCann Ericksan Relationship Mariceting {MRM}.
WF�y dn you want to serrre on this committee? I lo�e and believe in the mission of Westlake A�ademy.
Hauing heen in the administratian at a pri�ate schaol, I a�n well aware of the finan�ial resources required
ta ensure aur students are provided the exceptional educafianal experience, which is not possible without
th� signifcant suppo�t thraugh donations. Being ❑n this committee, I will be ah�e to cantri��te my
experience as weli as wark with the existing members ta help continue the generous support of our
community and ensure the exceptional educativn at WA is passit��e.
❑o yau have any po�itical canflicts of interest? No.
Da you ha�e any relate� experience? Most rec�:ntly, 1 ssrved as the ❑irecfar af Oeveiopment at Suckner
Fanning Schaol at Mission Springs, leading the marketir�g, fundraising and cammur►ity engagement effarts
for the schQol.
What dn ynu fee�you ha�e ta offer this commiEtee? I feel my experience in ad�ertising as well as being
part af a s�hoai administration focused o� bath ti�e rrtarketing and fur�draising far the school, are the ideai
skill set for this role_ I am excited at the oppartur�ity to brirtg my experience and learnings to this rale as
well as to have the chance to wark with such an exceptianaf group of people with difFerent areas of
exper�ence and expertise.
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Signa#ure af Applir,ant: �,
Dated: SQ��G�lv1�.4� ��, �c��- u
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Received By: Date:
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TOWN OF WESTLAKE
RESOLUTION NO. 20-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPOINTING AND REAPPOINTING MEMBERS TO THE WESTLAKE
ACADEMY FOUNDATION BOARD.
WHEREAS, vacancies currently exist on the Westlake Academy Foundation Board;
and,
WHEREAS, the Town Council conducts annual board appointments and
reappointments; and,
WHEREAS, the Town Council has received applications for consideration of
appointment or reappointment; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the following individuals are hereby appointed or reappointed to the
Westlake Academy Foundation Board of Directors:
As a result of the appointments or reappointments heretofore stated, the Westlake
Academy Foundation is represented by the following:
Term EXpiration
Leah Rennhack June 2021
Wendy Greenwood June 2021
Laura Luckett June 2021
Lindsay McGrath—new applicant June 2021
Vacant June 2021
Deborah Kraska June 2022
Meghan Q. Dorr June 2022
Ahu Sieg June 2022
Robert Anderson—new applicant June 2022
Vacant June 2022
Resolution 20-30
Page 1 of 2
Term Expiration
Sean Shope June 2023
Michael Colby June 2023
Christine Ross June 2023
Vacant June 2023
Vacant June 2023
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28t'' DAY OF SEPTEMBER 2020.
Laura Wheat, Mayor
ATTEST:
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 20-30
Page 2 of 2
Town Council
Item #5 — Discussion
Items
DISCUSSION ITEMS
a. Presentation and discussion regarding the Northwest Metroport Chamber of
Commerce program and related activities.
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
RegularMeeting - Consent oisriNorivE sv o�sicN
Westlake Town Council Meeting
Monday, September 28, 2020
ToPrc: Presentation and discussion regarding the Northwest Metroport Chamber
of Commerce program and related activities.
STAFF CoNTAc'T: Jon Sasser, Communications Manager with Ms. Sally Aldridge, NWMC
President and CEO
Strategic Alignment
i i � . � . . , ; . .
� �
- � �
Exemplary Service&Governance
Informed&Engaged Citizen, Student& -we set the standard by delivering preserve Desirability
Citizens/Sense of Stakeholder unparalleled municipal and &Quality of Life
Community educational services at the lowest
cost.
�
Outsidc thc Scope of Idenrified Strategic Iniriatives
Time Line - Start Date: June 10, 2019 Completion Date: September 28, 2020
Funding Amount: N/A Status - ❑ Not Funded Source -N/A
EXECUTIVE SUMMARY(TNCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Northwest Metroport Chamber of Commerce President & CEO Sally Aldridge will provide a
presentation to the Mayor and Town Council regarding the program of activities of the Chamber
including the joint economic development marketing and communications efforts that have been
underway in recent years with the Chamber's member cities.
RECOMMENDATION
Listen to the presentation from Northwest Metroport Chamber President&CEO,ask any questions
Page 1 of 2
Council may have, and further discuss, if necessary, the Chamber's program and services
presented as it relates to the Town of Westlake and the greater area covering the seven-city
membership.
ATTACHMENTS
None
Page 2 of 2
Westlake Town Council
TYPE OF ACTION T x E i o w N a F
WESTLAKE
Regular Meeting - Action Item o i sr i N o r i v E s v o�s i c N
Westlake Town Council Meeting
Monday, September 28, 2020
ToP�c: Consideration of an Ordinance Approving a Negotiated Settlement Between
the Atmos Cities Steering Committee ("ACSC") and Atmos Energy
Corporation, Mid-Tex Division ("Company") regarding the Company's
2020 Rate Review Mechanism(RRM)Filings; and Approving a Settlement
Agreement with Attached Rate Tariffs and Proof of Revenues and Other
Documents Connected to these Rate Proceedings.
STAFF CONTACT: Jarrod Greenwood, Assistant Town Manager
Strategic Ali�nment
i i � . � . . , ; . .
� �
- 1 �
High Quality Planning,Design&
Development-We are a desirable Increase
Fiscal Responsibility Municipal& �,ell planned,high-quality Transparency,
Academic Operations Accessibility&
community that is distinguished by
exemplary design standards. Communications
. ,
Outside the Scope of Identified Strategic Initiatives
Time Line- Start Date: September 28, 2020 Completion Date: September 28, 2020
Funding Amount: N/A Status - � Not Funded Source -N/A
EXECUTIVE SUMMARY(iNCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The City, along with 171 other Mid-TeXas cities served by Atmos Energy Corporation,
Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC"). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the
Page 1 of 2
Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment
commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program
legislation). That settlement created a substitute rate review process, referred to as Rate Review
Mechanism ("RRM"), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most
recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in
2018. On or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff
adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending
December 31, 2019, entitled it to additional system-wide revenues of$141.2 million. Application
of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $136.3
million, $98.7 million of which would be applicable to ACSC members. ACSC's consultants
concluded that the system-wide deficiency under the RRM regime should be $111.5 million
instead of the claimed $136.3 million. The amount of the $111.5 million deficiency applicable to
ACSC members would be $80.8 million.
After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee
and the Company negotiated a settlement whereby the Company would receive an increase of$90
million from ACSC Cities, but with a two-month delay in the Effective Date until December 1,
2020. This should save ratepayers approximately $9 million such that the case is functionally
equivalent to ACSC's consultants' recommendation of$80.8 million.
The Executive Committee recommends a settlement at $90 million. The Effective Date
for new rates is December 1, 2020. ACSC members should take action approving the Resolution
before November 1, 2020.
Most municipalities have retained original jurisdiction over gas utility rates and services
within their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of
municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex
Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly public
utility provider of natural gas. Because Atmos has no competitors,regulation of the rates it charges
its customers in the only way that cities can ensure that natural gas rates are equitable and
competitive. Working as a coalition,via the Atmos Cities Steering Committee,to review the rates
charged by Atmos allows cities to accomplish more collectively than each city could do acting
alone. Cities have more than 100 years' experience in regulating natural gas rates in Texas. See
attached Staff Report for background on this Atmos rate case.
RECOMMENDATiON
Recommend adoption of the proposed ordinance adopting a new RRM tariff for the Company.
ATTACHMENTS
1. Staff Report
2. Proposed rate ordinance
3. Attachments to proposed rate ordinance
4. 2020 RRM Filing Update
Page 2 of 2
August 17, 2020
STAFF REPORT
BACKGROUND AND SUMMARY
The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-
Tex Division ("Atmos Mid-TeX" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC"). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the
Company pursuant to Section 104.301 of the TeXas Utilities Code for an interim rate adjustment
commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program
legislation). That settlement created a substitute rate review process, referred to as Rate Review
Mechanism ("RRM"), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most
recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in
2018. On or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff
adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending
December 31, 2019, entitled it to additional system-wide revenues of$141.2 million. Application
of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $136.3
million, $98.7 million of which would be applicable to ACSC members. ACSC's consultants
concluded that the system-wide deficiency under the RRM regime should be $111.5 million instead
of the claimed $136.3 million. The amount of the $111.5 million deficiency applicable to ACSC
members would be $80.8 million.
After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee
and the Company negotiated a settlement whereby the Company would receive an increase of$90
million from ACSC Cities, but with a two-month delay in the Effective Date until December 1,
Page 1 of 4
2020. This should save ratepayers approximately $9 million such that the case is functionally
equivalent to ACSC's consultants' recommendation of$80.8 million.
The Executive Committee recommends a settlement at $90 million. The Effective Date for
new rates is December 1, 2020. ACSC members should take action approving the Resolution
before November 1, 2020.
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Resolution will generate $90
million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this
Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $5.15 on a
monthly basis, or 9.9 percent. The increase for average commercial usage will be $15.48 or 6.56
percent. A bill impact comparison is attached as Attachment 2.
SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301
GRIP PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by
ignoring declining expenses and increasing revenues while rewarding the Company for increasing
capital investment on an annual basis. The GRIP process does not allow any review of the
reasonableness of capital investment and does not allow cities to participate in the Railroad
Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The
Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full
hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the
GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the
RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses
and revenues, as well as capital investment.
Page 2 of 4
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some
cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM.
Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When
new rates become effective on December 1, 2020, ACSC residents will maintain a slight economic
monthly advantage over GRIP and DARR rates. See Attachment 3.
EXPLANATION OF "BE IT RESOLVED" PARAGRAPHS:
L This section approves all findings in the Resolution.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,
reasonable, and in the public interest.
3. This section makes it clear that Cities may challenge future costs associated with gas leaks
like the eXplosion in North Dallas or the evacuation in Georgetown.
4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate
to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an
additional $90 million from ACSC Cities.
5. This section approves an eXhibit that establishes a benchmark for pensions and retiree
medical benefits to be used in future rate cases or RRM filings.
6. This section approves an exhibit to be used in future rate cases or RRM filings regarding
recovery of regulatory liabilities, such as excess deferred income taxes.
7. This section requires the Company to reimburse the City for eXpenses associated with
review of the RRM filing, settlement discussions, and adoption of the Resolution approving
new rate tariffs.
8. This section repeals any resolution or ordinance that is inconsistent with the Resolution.
Page 3 of 4
9. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
10. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Resolution. This section further directs that the remaining provisions of
the Resolution are to be interpreted as if the offending section or clause never existed.
11. This section provides for an effective date upon passage. December 1, 2020 represents a
two month delay in the Effective Date established by the RRM tariff.
12. This section directs that a copy of the signed Resolution be sent to a representative of the
Company and legal counsel for ACSC.
CONCLUSION
The Legislature's GRIP process allowed gas utilities to receive annual rate increases
associated with capital investments. The RRM process has proven to result in a more efficient and
less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than
the GRIP process. Given Atmos Mid-TeX's claim that its historic cost of service should entitle it to
recover $141.2 million in additional system-wide revenues, the RRM settlement at $90 million for
ACSC Cities reflects substantial savings to ACSC Cities. ACSC's consultants produced a report
indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million.
Settlement at $90 million (equivalent to $81 million with a two-month delay) is fair and reasonable.
The ACSC EXecutive Committee consisting of city employees of 18 ACSC members urges all
ACSC members to pass the Resolution before November 1, 2020. New rates become effective
December 1, 2020.
2557/32/8105318
Page 4 of 4
Attachment 1 to
Staff Report
2020 RRM
Proof of Revenues
ATMOS ENERGY CORP., MID-TEX DIVISION
RRM CITIES RATE REVIEW MECHANISM
PROOF OF REVENUES-RRM CITIES
TEST YEAR ENDING DECEMBER 31,2019
Current Proposed
Line No. Customer Class Current Proposed Bills Ccf/MmBtu Revenues Revenues Increase
(a) (b) (c) (d) (e) (f) (g) (h)
1 Residential
2 Customer Charge $ 19.55 $ 20.25 13,644,834 $ 266,756,505 $ 276,307,889
3 Consumption Charge 0.17423 026651 608,491,998 106,017,561 162,169,202
4 Revenue Related Taxes 26,692,882 31,397,617
5 Total Class Revenue $ 399,466,948 $ 469,874,708 $ 70,407,760
6
7 Commercial
8 Customer Charge $ 46.50 $ 54.50 1,115,081 $ 51,851,267 $ 60,771,915
9 Consumption Charge 0.09924 0.11728 398,510,866 39,548,218 46,737,354
10 Revenue Related Taxes 6,544,757 7,698,315
11 Total Class Revenue $ 97,944,242 $ 115,207,584 $ 17,263,342
12
13 Industrial&Transportation
14 CustomerCharge $ 845.50 $ 1,014.50 7,272 $ 6,148,476 $ 7,377,444
15 Consumption Charge Tier 1 $ 0.3572 $ 0.4157 7,769,155 2,775,142 3,229,638
16 Consumption Charge Tier 2 $ 0.2616 $ 0.3044 8,666,094 2,267,050 2,637,959
17 Consumption Charge Tier 3 $ 0.0561 $ 0.0653 13,696,172 768,355 894,360
18 Revenue Related Taxes 856,339 1,012,467
19 Total Class Revenue $ 12,815,362 $ 15,151,868 $ 2,336,505
20
21 Total Excluding Other Revenue $ 510,226,552 $ 600,234,159 $ 90,007,608
22
23
24 Revenue Related Tax Factor 7.1606%
Attachment 2
to 2020 RRM Staff Report
Bill Impact
A�'M�5�NERGY CQRP., MID-T'EX�IVESlON
AVERAGE gILL COMPARI50N-BASE RA7E5
T�ST YEAR ENDING �ECEMBER 31,2[119
Line
4Va.
1 Rate R , 44-5 Gci Current Prvpased Chan�
2 Customer charge $ 19.55
3 Consumption charge 44.5 CCF X $ 0.17423 = 7.75
4 Rider GCR Part A 44,5 CCF }C $ 0.17750 = 7.90
5 Rider GCR Part B 44.5 CCF ?C $ �.29953 = 13,33
� Subtotal $ 48.53
� Rider FF&Rider TAX $ 48.53 54 �.07981 = 3.48
g Total � 52��
9
1❑ Customer charge � ��•��
1'i Cansumption charge 44.5 CCF X $ O.�fi651 -� 11.86
�2 �2ider GCR Part A 44.5 CCF }C $ �.1775Q = 7.9a
13 Ride�GCF2 Part B 44.5 CCF X $ Q.29953 = 13.33
14 Subtotal � ����
15 Rider FF &Rider TPJC $ 53.34 7C Q.0716'I - 3.82
16 Total $ 57.16 $ 5.15
17 �.94°/Q
18
13 �tate C ,_357.4 C�f Current PropQsed Change
2p Gustamer c�arge $ 46.5�
21 Cansumption charge 357,4 CCF x $ 4.0992�} = 35.47
22 Rider GCR Part A 357,4 CCF }C $ �.17750 � 63.44
Z3 Rider GCR Part B 357.4 CCF X $ D.20954 = 74.89
24 Subtotai $ ��Q.3Q
�5 Rider FF&Rider TAX $ 22�.30 X �.07"!61 = 15.77
26 Total $ 236.�7
27
28 Gustamer�harge � �•��
29 Cansumpt�an charge 357.4 CCF }C $ 0.'11728 = 41.9'f
30 Rider GCR Part A 357.4 GCF X $ �.'i775Q = fi3.44
31 Ri�{er GCR Part 6 357.4 CCF X $ Q.2fl954 = 74.89
32 Subtotal $ 234•�4
33 Ridar FF &Rider TPJC $ 234.74 x 0,07161 - 16.8'!
34 "�otal $ 251.55 $ '15.48
35 6.56°/0
36 Ra#e E C�4743 MMBTlJ Current Praposed Ghan e
37 Customer charge � $���a
38 Consumption�harge 9,500 MMBTU }C $ 4.3572 � 535.80
39 Consumption�harge 2,6�43 MMBTtJ x $ fl.25�E = 691.54
4D Cansumption c�arge 0 MM87U 7{ $ fl.�561 = -
�#1 Rider GCR Part A 4,143 MMBTEJ X $ 1.7334 = 7,182.3�
42 Rider GCR Part B 4,143 MMBTLI ?{ $ a.4531 = 1,877.�4
43 Subtotal $ 11,132.�9
4q Rider FF&Rider TAX $ 11,13�.BS }C 4.Q796'E = 797.'t 7
45 Tatal $ '�1,929.S�
46
47 Customer charge $ �,0'[4,5a
48 Consumption charge 'l,50a MMBTU 7{ � 0.4157 = fi23.55
49 Consumption charge 2,�43 MMBT� x $ 0.3044 = 8�4.68
5p Consurr�ption charg� D MMB7U }C $ fl.0653 = -
51 Rider GCR Part A 4,'!43 MMB7U X $ 1.7334 = 7,"f82.31
52 Rider GCR Part B 4,'i43 MMB�U }C $ �.453'i = 1,877.54
53 5ul�totaf $ 'i�,5��.58
54 Rider FF &Rider TAX $ 11,5�2.58 7C O.D7161 - 823.85
�g 7otal $ 1�,3�fi.23 S 396.37
�6 3.32°l0
57 Rate T CQ7 4143 MMBTIJ Current Propvsed Chan e
5$ Customer charge � ��5•�Q
59 Gonsumptior�charge 1,500 MMBTU x $ 0.3572 = 535.80
�Q Consurnption charge 2,843 MMB�U x $ fl.2616 = 591.54
B1 Consumption charge 0 MM6�U X $ �.0561 = -
E� Rider GCR Part 8 4,143 MMBTU 7C $ �.4531 = 'I,877-54
63 Subtotal $ 3,95�.38
54 fticier FF&Rider TAx � 3,95�.38 x �.0716'i = 282.87
fi5 Total $ 4,233.25
66
67 Customer charge $ 1,�14.5D
fi8 Consumption charge 1,5flA MMBT'U }C $ 0.4'157 � 523,55
59 Ca�sump#ian charge �,643 MMBTU x $ 0.3�44 = 8�4.58
70 C�nsu�r+ptivn charge 0 MMBTLI x $ �.b653 = -
71 Rider GCR Part B R,143 MMB7U x $ a.4531 = '1,877.54
72 Suht�tal � 4,32Q.27
73 R'tc�er FF&Rider TAx $ �4,32a.27 X 0.07'f61 = 3�9.35
7q Tatal $ 4,629.63 � 39fi.38
75 9,36°/0
Attachment 3
to 2020 RRM Staff Report
RRM Monthly Savings Over GRIP and DARR Rates
A7MOS EN�RGY CORP., 1YII0-TE]C 0lVISlDN
R�SlDENTIAL AVERAGE RATE COMPARISQN
TEST YEAR EId�ING DECEMBER 3'i, 2fl19
AGSC aARR ATM En�irons
5ettled Filin Filin Filin
Cust Charge $2�,25 $23.75 �26,4D $24.60
Monthiy Ccf 44.5 44.5 44.5 44.5
Cons Charge $fl.26651 $a.19336 $�.14845 $fl.18653
Average Ma 6ill $32.11 $32.35 $33.a1 $32.9Q
`+�.-'-� :�.tJD -ti�;,]��
ORDINANCE NO. 915
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES
STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX
DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM
FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE
PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A
BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING
AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY
LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE
RATEMAKING EXPENSES;DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIRElVIENTS OF THE TEXAS OPEN MEETINGS
ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC'S LEGAL COUNSEL.
WHEREAS, the Town of Westlake, TeXas ("City") is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority
with an interest in the rates, charges, and services of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee ("ACSC"),
a coalition of similarly-situated cities served by Atmos Mid-Tex("ACSC Cities")that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review
Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a
substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the
Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in
2018; and
WHEREAS, on about March 31, 2020, Atmos Mid-Tex filed its 2020 RRM rate request
with ACSC Cities based on a test year ending December 31, 2019; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2020 RRM filing
through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues
identified in the Company's RRM filing; and
Ordinance 915
Page 1 of 4
WHEREAS, the EXecutive Committee, as well as ACSC's counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of$90 million
applicable to ACSC Cities with an Effective Date of December 1, 2020; and
WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and
WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed
from future reasonableness evaluation of costs associated with incidents related to gas leaks; and
WHEREAS, the two month delayed Effective Date from October 1 to December 1 will
save ACSC ratepayers approXimately $9 million off new rates imposed by the attached tariffs
(E�ibit A), the impact on ratepayers should approximate the reasonable value of the rate filing
found by the ACSC Consultants' Report, which was $81 million; and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with
the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are
just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Exhibit B); and
WHEREAS,the settlement agreement establishes an amortization schedule for regulatory
liability prepared by Atmos Mid-Tex (EXhibit C); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable
expenses associated with RRM applications;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That, without prejudice to future litigation of any issue identi�ed by ACSC,
the Town Council finds that the settled amount of an increase in revenues of$90 million for ACSC
Cities represents a comprehensive settlement of gas utility rate issues affecting the rates,
operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex's 2020 RRM filing, is in the public interest, and is consistent with the Town's
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That despite finding Atmos Mid-Tex's plant-in-service to be reasonable,ACSC
is not foreclosed in future cases from evaluating the reasonableness of costs associated with
incidents involving leaks of natural gas.
Ordinance 915
Page 2 of 4
Section 4. That the eXisting rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and
reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $90
million from customers in ACSC Cities, over the amount allowed under currently approved rates.
Such tariffs are hereby adopted.
Section 5. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and
incorporated herein.
Section 6. That subject to any future settlement or decision regarding the balance of EXcess
Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be
consistent with the schedule found in Exhibit C, attached hereto and incorporated herein.
Section 7. That Atmos Mid-TeX shall reimburse the reasonable ratemaking expenses of
the ACSC in processing the Company's 2020 RRM filing.
Section 8. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 9. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 10. That if any one or more sections or clauses of this Ordinance is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 11. That consistent with the Town Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after December 1, 2020.
Section 12. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General
Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
Ordinance 915
Page 3 of 4
PASSED AND APPROVED ON THIS 28TH DAY OF SEPTEMBER 2020.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance 915
Page 4 of 4
Ordinance 915
Exhibit A
Rate Tariffs
Effective December 1, 2020
MID-T�][ QIV4SIDN RRC 7ariff No:
ATM�S ENERGY CORP�RA7iDN
RATE SCHEI3lJLE: R—RESIDENTIAL SALES
APPLICA6�E TO: ALL CUSTOMERS 1N THE MID-TE]C DIVISION LJND�R THE RRM TARt�F
E�F�CTIVE DATE: Bi�ls Rendered on vr aftar 121�112p2� PAGE:
Application
ApplicabEe to Residential Customers far al! nat�ral gas pra�ided at one Point of Delivery arrd �neasured
fhrough�ne meter.
Ty�e vf SeEvice
Where service af#he rype desired by Customer is not already a�ailahle at the Point of Delivery, additional
charg�s and special cflntract arrangesnents �etween Campany and Custamer may be required prior to
service being furnished.
Monthly Ra#e
Customer's monthly bilf will b� calculated by adding the followir�g Customer arsd Ccf charges t� the
amaunts due under the riders listed betow:
Charge Amaunt
Customer Charge per Bill $2D.25 per mo�►th
Rider CEE S�rcharge $ D.05 per month'
Totai Custam�r Charge $20.3D per rriorsth
Commadity Charge—All Ccf $�.25551 per Ccf
Gas Cost Reco�ery: Plus an amount for gas casts and upstream transportation costs cal�ulated
in acco�dance with Rart�a} and Part{b}, respe�tively, of Rider GCR.
Weather Normalizatian Adjustmen#: Plus or Minus an amaunt far weather normaiizatian
calcu€ated in accordance with Rider WMA.
�ranchise Fee Adjustment: Plus an amount for franchise fees�alcuiated in ac�ordance with Rider
FF. Rider FF is only applicafole t0 CL1StQf1'IEfS inside the corporate ;imits of any inr.orpflrated
municipality.
Tax Ad�ustirtent: Plus an amount for tax calculated in accordance wit3� Rider TAX.
Surcharges: Plus an amount for surcharges calculatea� in accordance with the applicable rider�sJ.
Agreement
An Agreement for Gas Servic� may be required.
Notice
Service hereunder and the rates for services pra�ided are subject to the orders of regulatory bodies
having�urisdiotion and ta#he Company's Tariff far Gas 5ervice.
'Reference Rider CEE-Canservation and Energy Efficiency as appraved in GUC]10170. 5urcharge billing effective July 1,Z02�.
MID-TEx DIVISk�N RRC Tariff Na:
ATM�S ENERGY CORPORATI�N
RATE SCHEDUL.E: C—C�MM�RCIAL SALES
ARPLICABLE T�: ALL CIJSTOMERS IN THE MIO-TEx 0{VISION IJND�R THE RRM TARIFF
EFFECTIVE DATE: Bi1fs Renderecf or� or after 121�412D20 PAGE:
Appli��t�vn
Appli�able to Commercial Customers for all natural gas pro�ided at one Point af �elivery and measured
through on�rneter and ta Industrial Customers with an average annual �ssage of Eess than 30,a00 Ccf.
Type of Ser�iae
Where servi�e of the ty�e desired �y Customer is not a4ready available at the Pvint of Oeiivery, additional
charges and speciai contract arrangements between Company and Customer may be required prior to
service being furnished.
Mvnthly Rate
Customer's monthly �ill will be oal�u4ated by adding the fal�awing Customer and Ccf charges ta the
amaunts due under the riders listed bslow:
Charge Amount
Customer Charge per Bil! � 54.50 per montE�
Rider CEE SurGharge $ �.�Z per month'
Tatal Customer Charge $54.52 per manth
Commadity Charge—All Ccf $0.11728 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transpor#ation costs calculated
in accordance with Part�a) and Par��b}, respecti�ely, ❑f Rider GCR.
Weather Nor�nalizatian Adjustment: Plus or Minus an amount €ar weather normalizatian
cal�ulated in accordan��with Rider WNA.
Fran�hise Fee Adjustment: Plus an amount#or frar�chise fees calcuiated in accordance with Rider
FF. Rider FF is only applicable to oustomers ins'tde the carparate limits vf any incorparated
municipali#y.
Tax Adjustment: Pfus an amount for tax ca4culated in accardance with Rider TAX.
Surcharges: Plus an amount fvr sur�harges calculated in accordance with the applicafale rider(s},
Agreement
An Agreerr►enf for Gas 5ervice may he required.
Notice
Service hereunder and the rates fvr services pro�ided are subje�t ta the orders of reguGatory �adies
having jurisdictian and to the Company's TarifF for Gas 5ervice.
'Reference Rider CEE-Conservation and Energy Efficiency as approved in GL1Q 1 Q�70. 5urcharge bikling effecti�e Juiy 1,2{}2a.
M10-TEJ(�1VI51+�N RFtC Tariff No:
ATMDS ENERGY C�RP�RATi�N
RATE SGHEDULE: I--INDIlSTRIAL 5ALE5
AFPLICABLE T0: ALL�lJSTOMERS IN THE MID-TEJC DIVI510N L]NDER THE RRM TARIFF
�FFECTIVE DAT�: Biils Ran�ered on vr after�12�fl11ZD2a PAG�:
Application
Applicahle to Industrial Custamers with a maxim�m dai4y usage tMalJ} oF less than 3,5�0 MMBtu per day
far all natural gas provided at ane Point �f be�ivery and measured through ane meter. Service for
Ir�dustria4 Gustomers with an M�IJ equaf to or greater than 3,500 MME3tu per day will he pro�ided at
Company's s�le option and will requi�e s�e�ial contract arrangements between Company and Custamer.
Type of Servi�e
Where se�vice of the type desired by Customer is not already available at the Point of Deli�very, additiona4
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Manthly Rate
Customer's morsthly bi11 will �e cal�uiated by adding the fallawing Gustamer and MIVIBtu charg�s to the
amounts due under the riders listed beiow:
Charge Amaunt
Customer Charge per Meter $ 1,fl14.5D per rrtonth
First 0 MMBtu ta 1,5flD MMBtu $0.4157 p�'r MMBtu
N�xt 3,5QQ MMBtu $U.3044 �er MMBtu
All MMBtu over S,OQQ MMBtu $0.�653 per MMBtu
Gas Cost Recovery: Pius an amaunt for gas co�ts and upstream transportation costs calcuiated
in aocordance with Part{a] and Part[h], respectivefy, af Rider GCR.
Franchise Fee Ar�]ustment: Pfus an amvunt for fran�hise fees calculated in accordance with Rider
FF. Rider FF is anly applioable to customers inside #he corpnr�te limits of any in�arporated
municipali#y.
Tax Adjustrrtent; Plus an amount for tax calculated sn ac�ordance with Rider TAX.
Surcharges: Plus an amour�t for sur�harges cafcu�ated in accordance with the applicahle rider(s},
Curtailment��rerpul3 Fee
llpon notif�ca#ion by Company of an event Qf curta3lment or interruption of Custom�r's deli�eries,
Customer will, far each MMBtu deiivered in excess of the stated le�el of curtailment ❑r interrupti�n, pay
Campany 2a0°Io �f the midpoint price for the Katy point listed in PlaitS Gas daify pu�lished for the
applicable Gas �ay in the tak�le entitled "Qaily Price Survey."
Replacerner�t Index
{n the event the "midpoint" or "camm❑n" price for the Katy point listed in Platts Gas DarJy in the table
entitled "Daily Pri�e Survey" is nv Eonger published, Company will calculate the applicabfe imbalance fees
ufiiizing a daily price index recagnized as autho�itative by the natura� gas industry and most closely
approximating the applicable index.
MIO-TEIC�IV1Sl�N RRC TarifF Nd:
ATM�S�NERGY CORPORATION
RAT� SCHE01lLE: I—1NOU5TRlAL SALES
APPLICABLE T�: ALL CllSTOMERS IN THE MID-TE7C OIVISI�N iJNDER THE RRM TARIFF
EFFECTIV� DATE: Bil1s Re�dered on or after 121011202D PAGE:
Agr�men#
An Agreement for�as Service may be required.
IVDtIC@
5ervi�e hereunder and the rates €ar servi�es pro�id�d ar� subjec# to the orders vf reguiatory 5adies
having jurisdi�tiors and to the Company's Tariff for Gas Servi�e.
S�ecial Conditians
In arder to receive servi�e under Rate I, Custamer must ha�e the typ� of ineter required �y Company.
Customer rr►ust pay Campany all costs associated with the acquisitian and instailation of the meter.
M1D-7Ex DIVlSIflIV RRG Tariff No:
ATMOS ENERGY COR�L]RATi�N
RATE SCHEOLJLE: T—TRANSR�RTATIdN
APPI.ICA6LE TO: ALL CUSTOMERS IN THE MIO-TEX QIVlSIDI'� LJNDER THE RRM TARIFF
EFFECTIVE �ATE: 6i11s Rendered on vr after 12�D1�2�2� PAGE;
Appiicatian
Applicable, in the e�ent that Campany has entered into a Transportation Agreement, to a custorrter
dicectly cor�nected to the Atmos Energy Corp., Mid-Tex ❑ivisian Distribution Sysfetn {Custamer} far the
transportatian of all natural g�s supplied i�y Customer or Custamer's agent at ❑ne Posnt af [7el#�ery for
use in Customer's facility.
Type of Service
Where s��'vice af the type desired by Customer is nQt already available at the Point of�eiivery, additional
charges and specia3 contract arrangements between Company and Customer may be required prior to
service k�eing �urnished.
Monthly Rate
Cust�mer's bill will be calculatec! by adding the following Customet and MMBtu �harges ta the amounts
and quantities due under the riders listed below:
Charge Amaunt
Custom�r Cha�'ge per Meter $ 1,p14.5� per manth
First a MMBtu to �,5aa MMBtu $0.4157 per MMBtu
Next 3,5fl� MMBtu $fl.3044 per MMBtu
AH MMBtu over S,QOQ MM6tu $ D.0653 per MMBtu
Upstream Transpartatsan Gost Reco�ery: Flus an amaur�t for upstream transpartation costs En
accordan�e with Part(�} of Rider GCR.
Reter�tion Adjustment: Plus a quantity vf gas as calculated in accardance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calcufat�d in a�cordan�e with Rider
FF. Rider FF is anly applicable to custam�rs inside the corpvrate iim'sts af any incorporated
municipality.
Tax Adjustm�nt: Plus an amount for tax calGulated in accordan�e with Rider TA)C.
5ur�harges: Plus an amount for surcharges calculated ir� accordance with th�applicable rider�s}.
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged bas�d on the quantities
determsne� under the appiicable Transportation Agre�ment and quantities wili not be aggregated far any
Custorrter w"sth multiple 7ransportation Agreements for the purpases of such fees.
Manthly imbalance Fees
Customer s�all pay Ca�-npany tl�e greater of�i} $fl.1fl per MMBtu, or(ii} 150°Io of the difFerence per MMBtu
between the highest and lowest "midpaint" price for the Katy paint listed in Platts Gas Dai1y in th� table
entit�ed "�aily Price 5urvey" du�ing such ►n�nth, fpr t�e MMBtu of Customer's monthly Cumulative
Imt�alance, as defined in the applicak�le Tr�nsportation Agreement, at the end of ea�h month that exceeds
10°Ia of Customer's re�eipt quantities for the month.
MI�-TE]C �IV�SIDN RRC 7ariff No:
ATM05 ENERGY GOR��RATi�N
RAT'E SCHEDIJLE: T—TRANSPDRTATION
AQPLlCA6LE T�: ALL CtIS'�OMERS IN THE MID-TEX OIVISI�N UNDER THE RRM TARIFF
EFFECTIVE DATE: Bi11s Randered on or after 1�f�1�20�0 PAGE:
Curtailment�ve�pull Fee
lJpon notification by Company of an event of curtailment vr interruptian vf �ustomer's deliveries,
Customer will, for each MM6tu deli�ered in �xcess Qf the stated le�el flf �urtaslment or int�rruption, pay
Company 2DD°/a of the midpoint price for the Katy point listed �n Plafts Gas �aily publ#shed €ar th�e
apptir.able Gas ❑ay in the tahle entitled "Daily Price 5urvey."
Replacement[ndex
1n the event the "midpoint" ar "common" price for the Katy p�int listed in Platts Gas Daily in t�te table
entitled "Daily Pri� Survey" is na langer published, Company will calculate the applicable imbaiance fees
utilizing a daily price index recvgniz�d as authoritatsve by the natural gas industry and mast �losely
approximating the applicahla index.
Agreemant
A transportation agreernent is required.
Notice
Service h�reunder and the rates for services {�ra�ided are sut�ject to the orders af regula#ory }�odies
having jurisdiction and to t�e Company's Tariff for Gas Service.
5pecial Condit'svns
1n order to recei�e service under Rate T, custamer must have the type o� meter required by Company.
Custarrter must pay Company all costs ass�ciated with the acquisition and ins#a�lation of the s-neter.
Mio-T�x oi�EsivN
ATMDS ENERGY CDRP�RA71�N
RIdER: WNA-WEATHER N�RMAL�ZATIDN ADJUSTMENT
APPLICABLE TD: �'ILL CLJ5T4MERS iN THE MI�-TEx�iVISI�N UN�ER TNE RRM TARIFF
E�FECTIVE DATE: BiNs Rendered on or after 12�0112fl2� PAGE:
Provisio�s for Adjustment
The Cammodi#y Charge p�r Ccf {1�D cubi� feet} for gas service set farth in any Rate 5�hedules utilized
by the cities af the Mid-Tex �ivisson serviGe area far determining normalized winter period re�enues shail
be adyusted �y an amou�t hereinafter descr+�ed, whicl� amount is referred to as the "Weather
Normalization Ad;ustment." The Weather Normalization Adjustrrsent shal! ap�ly to a�l temperature
ser�sitiv� residentia! and commercial biils hased on meters read during the re�enue months af November
thro�gh April. The five regianal weather stat'sflns are Abilene, Austin, Dallas,Waco, and Wichita Falls.
Camputati�n of Weather Normalizatior�Adiustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf hy the follvwing formula:
(HSF{ x �N��-A�O� y
W�kAF'i = Ri
{BLi t {HSF� x Aa�} ]
Where
i = any partioular Rate Schedule or k�illing classification within any such
particular Rate Scheclule tha#can#ains mvre than one billing classificatian
WNAF� = Weather Norrnalizatior�Adjustment Facto�-for the ith rate s�hedule or
ciassification expressed in cents per Ccf
R; - Cammndity Charge rate of temperature sensitive sales for the it� schedule or
�lassification.
NSFi = hea#sensitive factor far the ith schedule ar classification d��ided by the
average b�ll count in that class
N�❑ = billing cy�le narmai heating degree days caicul�ted as the simpl�t�n-year
average of actuai heating degree days.
ADD = billing �y�le a�tua! heating degree days.
BI� = base load saies for the ith schedule or classification divided by the average
bill cQunt in that class
The Wea#her Aformalization Adjustment for the jth customer in ith rate schedule is cvmputed as;
WNA;= WNAF; x q;�
Where q;; is the re�evant sales quantity fvr the jth customer in ith rate schedule.
MID-TEX DIVlSI�N
A7M�S ENERGY CORPORATION
RlOER: WNA—WEATHER NORMALIZATI�N AOJlJSTMENT
APPL[CA6LE TO: ALL CtiST�MERS IN THE MIO-TE7C �IV1Sl�N IJNDER�H�RRM TARIFF
EFFECTIVE aATE: Bilis Rendered on or after 12�01�2020 PAGE:
6ase UselHeat Use Factors
Residential Commercial
Base use I�eat use Base use Neat use
Weather 5tatian Ccf C�f1H�D Ccf CcfIH��
Abilene 1�.73 a.�54S 94.79 Q,T284
Austin 9.53 0.148� 2'I 1.76 0.9405
Dailas 15.77 0.1792 199.74 fl.9385
Waco 9.99 fl.1341 145.27 �.711 Q
W ich ita 11.61 0.14fl2 1 Za.34 0.5747
Fal�s
Weather 3Vormalization Ad�ustn'tent WNA Re flrt
�n ar before June 1 af ea�h year, the compar�y pasts on its wehsite at atmasenergy.�omlmtx-wna, in
Excel farmat, a Weather IVormafrzatron Rdlustmen� {WNA} R�port to show hvw the company calc�laf�d
its WNAs factor during the preceding winter season. Additianally, on or before June 1 �f each year, th�
company files vne har� copy and an Excel v�rsian of the WIVA 14eporF with the Railraad Cammissian of
Texas' Gas Services �ivision, addressed to the Directar of that Divisian.
Exhibit B
Benchmark for Pensions and Retiree Benefits
ATM�S ENERGY C�RP.,MiI7-TE](DIVI5IQN
PENSIQNS AND RETfREE MEDICAL 6ENEFiTS F�R ClTlES APPROVA�
TEST YEAR ENDiNG D�CEi�ABER 31,2Q19
Shdred Serrrices Mid-Tex DireGt
ost- uppiemental Post-
Line Pensivn EmpEayment Pension Executi�e Benefit Err�ployment Adjustme�t
Nv. Descri ion Ac�ount Plan Benefit PEan Aecount Plan Pfan BeneTt Plan Total
[a} [q} (c} 4d) te} {f} {g}
Prapased Benefits�n�hmark-Fis�al Year 2fl2a Wiflis Tawers
1 Watson Report as adjusted[1}{2}{3} $ 3,460,135 $ 3,595,384 $ 6,132,7t34 $ 28�,578 � 4,992,449
2 Wlocation ta Mid-Tex 43.29°Io a3.29°Io 76.59°Io 1pD.009'a 76.59°Io
Proposed Ben�fits Ben�hmark Costs Allocatsd to Mid-Tex[Ln 1 x l.n
3 2) $ 1,497.774 $ 1.599,605 $ 4,597.fl72 $ 280,578 $ 3,$�3.744
4 0&�+1 and CapitalAf�ocatian Factor 90o.a0°Io 1�0.00°Io 1�O.a0°Ia 100.Q�°Io 1E)0.00°Ia
� Propased Benefits Ben�hmark Costs to Apprv�e{Ln 3 x Ln 4]{3} $ 1,497,774 $ 1,599,�5 $ 4,597,�72 $ 280,5T8 $ 3,823,744 $ 11,898,774
6
7
$ 5ummary of Casts to Appro�e{1}:
9
1 Q Q&M Expense Factar tV11P_�-2.3, Ln 2} 79.55°Io T9.55°Io 3T.&3°Io 11.57°Io 37.83°Id
11
12
13 Tatal Pension Account Pian $ 1,191,410 $ 1,77�T,05fi $ 2,968,466
14 Total Pvst-Emplayment Beneft P1an $ �,272,412 $ 1,445,�47 2,719,06�
15 Totai 5upplementai Exe�utive Benefit Plan $ 32,754 32,P54
16 Tvtal(Ln 13+Ln 14+Ln 15} $ '!,i 91,410 $ �,272,412 $ i,777.fl55 $ 32.754 $ 'f,AAE.647 $ 5,720,28a
17
18 Nptes
19 1.5tudies not applicable to Mid-Tex or Shared Ser�ices are omitked.
2a 2.IVfid-7ex is proposing that the Fiscal Year 2D20 Willis Tvwers Watson actuariai amaunts shown vn WP F-2.3 and WP F-2.3.1,be appra�ed by the RRM Cities as the
�1 ben�hraark amnunts to be uss�d to caic�rlate the regulatory assst ar IiabiEity for future periods. 7he hsnchmark amount appra�ed by tha l4RM Cities for future periods
22 includes only the expense amaunt. The amount attrihutahie to capital is recarded tv utilify plant thraugh the vverhead prflcess as described in the CAM.
23 3.SSU amvunts exciude�ast centers vvYiich do nvt allaCate to Mid-Tex for rate making purpnses.
Exhibit C
Schedule for Amortization for Regulatory Liability
ATMOS ENERGY CDRP., MID-TEX D1VI510N
RATE BASE AdJUSTMENTS
TEST YEAR EN[}ING �EC�MBER 31,�019
AM�R7kZATl�N aF REGUI.AT�RY LiABI�ITY
Beginning af Year End af Year
Rate gase Rate 8ase Carrected Ba�ance
Line Year Ended Adjustment Annual Adjustmerot for Decembar 3'!,
iVa. Dec.31 Amvunt Amortixation ��Ij Amvunt�2j 2017 �3]
�a) (hy {c) {d} [e}
1 ��17 $ - $ 292,Z58,8$1 � 292,268,881
2 2018 292,�68,881 12,075,582 2$0,193,319
3 2a19 280,193,319 12,085,165 268,1 D8,155
4 2d2D 26$,'i 48,'I 55 1'I,171,173 256,936,982
5 2�21 256,938,982 11,171,173 245,7fi5,8a9
6 2D22 �45,TE5,809 11,171,1 T3 234,594,535
7 �023 23�4,594,635 �1,171,173 223,423,462
8 2024 223,423,462 11,171,173 212,252,289
9 2�25 2�Z,252,Z89 11,171,973 ZQ1,Q81,116
'f0 2026 201,081,116 11,'�71,'f73 189,909.943
11 2D27 189.909,943 11,171,�73 178,738,77�
'i2 2028 37$,738,774 11,171,173 167,567,597
'I 3 2029 157,567,597 11,17�,173 �56,396,424
1�} 2�3� 155,396,424 1'I,171,173 145,225,25'I
15 2D31 �45,225,251 11,�71,173 134,�54,077
16 2fl3Z 134,fl54,fl77 11,171,173 122,882,904
17 2Q33 122,8$2,904 11,�71,173 11�,7�1,731
1$ 2fl34 111,711,731 11,171,173 100,540,55$
19 2035 1�D,5�i0,558 1"f,171,173 89,359.385
20 2036 89,369,38� 11,171,173 7$,19$,212
21 2D37 ?8,198,�1Z 11,17'i,173 67,027,d39
22 2D3$ fi7,027,039 11,171,173 55,855,8fi6
23 2fl39 55,$55,856 11,17"f,173 44,6$4,592
24 Za4d 44,6$4,59� 1'1,171,173 33,513,5'19
25 2Q41 33,513,519 11,171,173 22,342,346
2fi 2��42 22,342,346 11,171,'173 1'f,17'1,173
27 2D43 11,171,173 11,171,173 [�}
28
29 Rever�ue Related Tax Factor 7.18°Io See WP F-5.1
Revenue Reiated Taxes on Annual Rmor#ization"Tax
3d Amortization $ 799,924 Fa�ta�
31 Amortizatian Inciuding Re�enue � 11,971,097 Amortization +Taxes
32
33 Notes:
34 1_ The annual arnorti�atso� of a 26 year recQvery periad is k�ased an the
35 Re�erse South Georgia Method.
3fi 2. 7he Reguiatary Liability is recorded to FERC A�count 253, 5uh Accaunt 279a9,
37 3, Th�s is the final Mid-Tex liabilsty balance filing the Fiscal Year 2D18 tax return.
WESTLAKE TOWN COUNCIL
1 � E T a w N a F
TYPE OF ACTiON W E S T L A K E
Regular Meeting - Action Item
Monday, September 28, 2020
ToPrC: Conduct a public hearing and consideration of a resolution approving a
Replat of Lot lOR, Block K, Vaquero Phase 1 Residential Addition for an
approximately 1.838-acre portion of Planned Development District 3,
Planning Area 1 (PD 3-1). The property is more appropriately located on
1718 Wisteria Way.
STaFF CoNTaCT: Nick Ford, Development Coordinator
Strategic Alignment
� �
i i � . � . . , : ' � � �
High Quality Planning, Design &
Planned/Responsible Citizen, Student& Development-We are a desirable well preserve Desirability
Development Stakeholder Planned, high-quality community that &Quality of Life
is distinguished by exemplary design
standards.
. ,
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: September 21, 2020 Completion Date: September 28, 2020
Funding Amount: N/A Status - � Not Funded Source-N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The owners of 1718 Wisteria Way are making a request to subdivide their current lot of 1.838
acres into two lots where one lot will be equal to 0.648 acres (where the current home is located)
and the other lot is 1.190 acres (a future home will be located). The subj ect property was originally
platted as three lots and subsequently replatted into one lot.
The plat meets all zoning requirements of the PD3-1 zoning area.
Page 1 of 2
PLANNING AND ZONING COMMISSION
On September 21, 2020, the Planning and Zoning Commission voted to recommend approval of
this item by a(3-0) vote.
STAFF RECOMMENDATIONS
Staff recommends approval of this item.
ATTACHMENTS
Replat for consideration
Resolution
Page 2 of 2
�Na � DWNER'S CERTIFICATE OWNER'S DEDICATIQN
LEGEND: N�W THEREFQRE, KNOW AL� MEN 6Y THESE PRE5ENT5:
�i `�° r STATE �F TEXAS
� CM CONTROLLING MONUMEN� CQUNTY OF TARRAI�T
� IRF IRDN RQa FtiUlv� That, Jamie Eden G�itliefa and Michelle Gattiie�, �foes hereby aafapt this plat, designa�ir�g the hereir�
� descr-ihed }�roperfy as REPLAT ❑F LOT 1�R, BLDCK K, VAQUER� RE5IDENTIAL A0�1TI�M, L�TS 1�R1 d�
� �'R.� MNF MAG NAIL FOl�N❑
� '' 4 IR5 1/z I�lCH lRON RO❑ SE� WITH A PLA5T1� YE�LOW CA� STAMPED WHEREAS, Jamie Edan Gottlieb and Michelle Goftlieb, are the 54IB owners of a tract ❑f lond 10R�, BLOCIC IC, an additian ta the Town of Westla�Ce, Tarrant Caunty, Texas, and cfo hereby dedicate,
situated in the Lero B❑ ess 5urve Abstract Nur►`+I�er 795 Tarrant Caunt , �fexas, same in fee simple, fo the pubiic use fvre�er any streets, alleys, ❑nd floodway management areas shown
�� { "CBG S[JRVEYING" �s�ng all ❑f Lat 1 ❑R, Bloc�k K, ot Vaquera P}�c�se 1 Residen�tial Additian, an addi�ion t❑ the Y P P Y
�. INC. �iTE � therean. The ecrsements shawn thereon are her�b reserved for the ur oses indica�ed. �he utilit and
r��c�� ESMT. EASEMENT
�.' �� VflL. Vfl�UME Tawn of Westiake according ta the Pltit thereof recorded in Ins#rument Nurrrber D21 3� 25275, fire lane easements sha[I be open to the public, fire and police units, gc�rbage and rubk�ish callectior�
�fficial Public Records, Tarranfi County, Texas, same being r�ll of that tt'C1Ct of land �on�eyed agencies, and all public and �rivate util€ties far each particular use. �he maintenance of paving on
x �„ � PG, PAGE � the utility and fire lane easements is the responsibili#y af the property ❑wner. No k]UiICIl�lgS, fences,
_ ,,,�'`- � ; INS�. N�. IN5�R�IMENT I�L1MBEi� to Jamie Eden Gattlis� and Mi�helle Gattlieb, by General War-ranty Deed with Vendvr s Lien
y � o recorcied in Instrument Number 02� 23�5�58, �fficial �ubliG Re�ords, Tarrant Caunty, Texas, by trees, shrubs, or other improvements ar growths shalf be constru�ted, reconstruc�ed ar paaced upan,
� �, CAB. CABINET Warranty Desd recvrded ir� Instrument Number D2123�6�� 8, �ffi�iaf Public Recards, Tarrant a�er or a�ross the sasements as shown. 5aid e�ssements being herehy reser�ed for fihe mutual �se
' SQ. FT. SQUARE FEET ❑fficiol and a�commodation of �!l pu�lic utilities using or dasiring ta use same. All, and any public utFlity
3�� ��� � ��' ��� a � Caunty, Texas, and by Warranty Deeci recarded in Instrument Number D21 �31 51 1 3,
R,O.W. R1GH�—�F—WAY shaGf have the right t❑ remove and keep remaved ali ar parts of any building, fences, trees, shruf�s,
� Public Recvrd�, �arran� Gaunty, Texas, and l�eing �nore particularly described by rnetes and �r �ther im rvvements or rowths which in an wa ma endarr er or interf�re wiih the constructian,
❑.R.T.�.T. ❑EE❑ RECflRQS, TARRANT �OLIMTY, TEXAS � � y Y y g
_ , 404, ,�n 7 P.R.T.�,T, P�AT REC�RDS, TARRANT C�UI�TY, TEXAS [�ounds as fallaws:
SCALE: 1 ' = 3� ,,,,� maintenance or efficiency of its respective system on the easements, and all public ui�ilities shall at
�.P.R.T.C.T. flF�ICiAL PLJBLlC REC�RaS, TARRANT COIJNTY, TEXAS
' 8E�INNING at a 5/8 in�h iran rod faur�d for �arner, said �arner being the Wes� Right—of—Way �I� fimes have #he full right of ingress and egress ta vr from the sait! easements far the purp�se
❑# Wisteria Way (a 35 feet Right—o#—Way}, same being the Norther�sf corner af LQt 9, 61ock �t ��nstruciing, recar�structing, inspe�ting, patrolling, maintaining and ❑dding to or rema�ing ❑fl or
���9 R PKWY K, Vaquero Phc�se � Residentiaa Addifian, an adcfitivr� fia fihe �own of Westlake accorciing �❑ p�r�s af its r�spective systems without the necessity at any iime af procuring the permissian of
the Plat thereaf re�orded in Cabinet A. Page 638�, Plat Re�ard, �farran� Caunty, Texas; anyone. �Ar�y public utility shall ha�e �h� right of ingress �nd egress to private property for the
VICIN�TY MAP purpase of reading meters ancE crny maintenance ar ser�ice requirec� or ❑rdinarily perfarmeci �y that
NOT T4 SCALE TH�NC� Svuth 8� degrees � 9 minutes D9 seconds West, alang the North line af said Lvt 9, a utility�.
distcsn�e of 271 .92 feefi to ❑ 1�� inch iron rad with a p[astic yellaw ccsp sfomped "CB� INc�ter main and wastewa�er er�sements shall also include additiana! area af working spa�e for
�, Sur�eying" set fQr carner, said corner being �he Narthwest carner ❑f 5t]ECI Lat 9, same being �Qn�truction and mcrintenc�n�e of the systems. Additional easemen# area i5 als❑ canveyed for
❑n the East iine af a #ract of land �anveyed to The Vaquero Club, IiVC. occ�rr�ing ta the deeci installati�n and maintenar�ce of manholes, cleanouts, fire hydrants, water services and wasfewafer
� thereof recorded in lns�rumer�t Nurv�6er ❑2�8035699, Official PubliC Recards, Tarran� County, ser�ices from the main to the cur�a ar pra�ement line, and description of such additional easements
� Texas; herein granted shail be determined by their location as insfalled.
�g�` � THENCE Narth ❑5 degrees 29 rr-�inutes 37 seconds West, along the Easf line of said �he This plat approved subject ta all platting orcfinances, rules, regulations, and resolutians af the Tawn
� Vaquera Club, INC., trrrct, passing �y ❑ 5�8 inch iran rad four�d at a dis#ance af Z36.44 �eet af Westlake.
� ffl� witr�ess, cand cor�fiinuing for a total C�f5tQf1G8 of 349.54 �eet ta a mag nail faund for
� �33�$, corner, soid corner being an the East line said The Vaquer❑ Club, I�lC., #ra�t, same being the WI�I�ESS, my hand ❑t the Tawn of W�5�IC1I{�, Texas, th45 the _____ day of __, 2�20.
� 5outhwest corner of Lot 1 � , Blo�k E, of Vaquer❑ Phase �A Residentiai AdditiQn, �n addition ta ----------
the Town �f WestlaGre ac�ording ta the Plc�fi thereof recorded in Cabinet A. Page 7�9� , Plat
� Record, Tarrant Caunty, �exas; gY: ______
l •.� THENCE Sout#� 89 degrees 1 ❑ minutes D� seconds East, along the South iine o� said Lot 19 , Jamie Eden Gottlie�
y ` a disian�e ❑f Zfi7.2S feet fa a 5�8 inch iron ro� found for c�rner, said corner beir�g �he
{ � Svufheast �orner ai said Lo� 1 � , same be�ng the West Right—of—Way line af said Wisteria STATE OF TEXAS
f VAQUERO PHASE ?J� � Way, and same also being the aeginning of a r�on—tangent curve to the right, having a C�UNTY �F TARRAN�
� RE51aENTl� A�CDlTIE M ' � radius of ] 3.99 teet, a �entrai angie Qf 38 degrees �S minufas 5� se�onds, and a chord
m �� f�� � � that #�ears S�uth Q� de rees �6 mi�utes ❑� 5@C�C1S�5 West, a distance af 9.14 feet;
� CAB. A. PG. 7�91 � � �• g BEFORE ME, the undersigned, ❑ Notary Fub�i� in and for said Counfy and Sfiote, ❑n this dcay
,a ]�' ELECTRIC P.R.T.C.T. 35' BLOG. L. � ��L,-
� � CAB. A, Pc. �ast 31 �., �.' persanally appeared Jamie Eden Got�lie#� known to me to be the pers�n whose name is subscribed ta
UTILITY �ASE�lEN� �
P.R.T.C.T. � c� �� SClid curve ta the right, an arc fength of 9.31 feet ta ❑ 5�8 iron rod fa�n� for corner, said the fore ain instrument ❑nd a�knvwled ed to me that he executed t1�e same far the ur ❑se tf�erein
STAT� PLANE CAB. A, PG. 7091 � G, � 9 J 9 p P
CDOROINATES P.�.r.�.r. ��, �,�+,�, cQrner heing the beginning vf a re�erse cur�e t❑ the left, ha�ing a radius of 31 7.5� feet, a expressed and under ❑ath stafed �ha� the sfcstements in the fareg�ing cerfificate are true.
�� QQ� central angle of 54 degrees 35 minutes 52 seconds, and a chord that be�rs Soufh a�
�=7,❑4fl �49.33 +n .
�_��3��:��� �� �o' o�ait�a�E a�vQ l � Q� � � degrees 48 minutes �3 seconds East, a distance of 291 .23 feet; GIVEN L1Nf7ER MY HAND ANQ SEAL OF �FFfCE, this day of __, 2D2�.
UTfLITY EASEMENT C° 4, �' --�— �--�-----
CAB. A, PG. 7fl91 �j ��' � e
� P.R.T.C.T. ' �.� �' THENCE said cur�e to the left, and continuing an �he Wes� Right—of—Way line af said Wisteri❑
�� o��� Way, an arc length ot 30�.55 feet, fo f�e POINT qF BEGiNNING and cantaining 8D,06Z square
� G feefi ar i .838 acres of land.
/ 1 Notary Public in ❑nd for the 5tate of Texas
��F S89'1D'�4"E �fi7.�8' �_�. s' �iR$" My commissian expires:
� =13.99 , L=9,31'
�� 0=38"0 '52" WITNESS, my hand a� t�e Tawn of Wesflake, Texos, this the __�_ day of __________�. 2d2Q.
� a2.s' a�oc. �. ' �/s„ Ch=S `2B'01"W 9.14' GENERA� N4TE5
CAB. A, PG, fi38❑ IRF
y P.R.�.C.T. 1� BEARINGS SHdWN ARE BASE❑ ON TH� STATE PLANE C��R�INATE SYSTEM, TEXAS N�RTH BY:
1 ---------------------------------------------------
dAA�IE EDEN GOTTLIEB AND CENTRA� Z�N�, I�AD 83 (201 1}. Michelle Gottlieb
{ MECHELLE GOTTLIEB � �) THE PURPOSE OF THIS PLAT 15 TQ CREATE 2 LOTS FR�M A PaRTION �F A PLA�TEQ �DT.
} IiVST. N0. 0212305a58 to' QRAINAGE A�va 3 L0� TO LOT �RAINAGE WILL NQT B� ALLOWED WITHDUT EfVGINEERIIVG SEC�IdN APPROVAL.
❑.P.R.T.C.T. UT[LiTY EASEl�ElVT } STATE OF TEXAS
` CAB. A, PG. 7�91 f 4} ANY STRIlCTL1RE NEW �R �x15TING MAY N�T EXTEN� ACR�SS NEW PRQPERTY LfNES.
IiVST. N�. ��123a55i 8 p,�,T.C.T. I 5) C��RDINATES SH�WN HEREDN ARE �E7CA5 STATE PLAlVE CDOR�INATE SYSTEM, IV�RTF� C�L11�TY flF TARRAN�
� [3.P.R.T.C_T. �
� CENTRAL Z�NE, I��RTH AMERICAiV QATEJM �F 1983 DN GRID CQ�RC111VATE VALLlES, I�0 SCALE 6EF�RE ME, the undersigned, a Nc�tcrry Pub�i� in and far sai�f Cvur�ty and S�ate, on this doy
INST. Na. Q21 235 51 1 3 � ANa h!� PR�JECTION.
{ D.P.R.T.C.T. J � personally appeared Michelfe �attlieb known ta me ta be the persan whase name is subscribed fo the
� 8���� � r � foregaing in�trument and acknowledged to me fhat he executed the same far the purpvse therein
J � expressed and under aath stai�ed t}�at the statements in the foregaing certifi�ate are true.
� T�TA L Af�EA f �
S�,�sZ S�. F.T � �' � SURVEYOR'S S�ATEMENT• GIVEN LINQER MY HAN❑ ANa S�AL �F ❑F�ICE, this ______ d�y of ______________, Z020.
� 1 .838 ACRES �` �
a
, � � ��Q I, 8ryan Ccsnnaliy, a Registered Prafessianal Land Sur�eyvr, licensed by the 5tote of Texas, ❑ff irm
���,$ � Q�, � th�t this plat was pre�c�red under my direct supervision, from recarded dacumentatiart, e�idence ---------------------------------------------
� a �W collected car� the ground during fieid aperafiians and ather relia�le docurmentatian; and that this plat Nntary Public in ar�d for the 5tate of Texas
� �v 0. substantially complies with the Rules and Reg�lations ❑f fih� Texas 6or�rd of Professionc�l Land My commission expires:
� L�T "� ❑R�, BLQ��{ � ; ;, -.,_ ;,ra � d �� � 5ur�e yin�, and Texas �acci Gavernment Cade, Cha pter 212. I further affirm that manumentation
THE VA�UERa Cf.1J8, �M�. N T�TAL AREA _�,-_:.:. ' �,�����'�' �: � Qa � showr� hereor� was eifher found �r placed in campliance with the Town of Westlake De�efa�ment
a�vsT. ►�o. a2o�o35s99 „ N . _�1���•�:;."I"��t���¢;:�'' l w �� � Cade, qnd that the digitai drawing ��le accompanying this plat is a precise representatian of �}�is
5� $��J 5Q F.TA ra�e d b t he Town o f Wes t la ke P lannin an d Zonin Commission:
O,P.R.7.C.T. � ' _ r� �����,7_�-'�' i+'1~ a c``'� � SI ne d Finc]� P�[]�. PP Y 9 9
�f] � .19❑ ACRES � ;a.. _ N� �¢ �
', '_ � � r� ? �
_ .
M o �N ti vQ� Do�ted this the ------ day of ------------------------ , 202�. Chatrman �ote
l '� '�' :'' �m RELEASED F�R REVIEW 09/14/2020 PRELJI�INARY, THIS QOCUI�ENT SHALL M�T BE REC4RaE0 F�R AMY
� s�►a o � PURPQSES AM� SHALL N0� BE U5EQ 4R ViEWE� �R REiJEQ l]PON AS A FINAt SURVEY DO�UI�ENT.
�j 4 ' �, � r ________________ Se�retary Date
t' l ��n, '1� � � B rya n Co n n a I I y ----------------------
� ` � ❑ a Texas Registered Prafessional Lar�d 5urveyar Ns�. 5513 ❑ocument IVo.: Qate
N l � �
� l v � STATE �F 7ExA5
a ` COI.IIVTY ❑F �ALLAS
Z
Appro��d by the Town af Westlake Town COLlf1CII:
�ss°3a'4�"� ��7-2�� BEFDRE ME, ihe undersignecl, a Nafiary Public in and for sairf Counfy and 5tate, ar� this day
personally appeared Bryan Cannally kr�own tv me tv be ihe persan whos� name is sut�scrib�d tv the Mc�yor �ate
,���a #oregaing instrument and ackn4wledged t❑ me that he exe�uted the same for #he purpose t�erein
���a , expressed and under oa�h stated that the statemenfs in the foregaing Gerfificate are frue.
3c,. � Secretory date
L�T � ❑R'I BL�CK �"C ' GIVEN UN�ER MY HAND ANQ ��AL ❑F OF�ICE, th�s __�__ ciay of _______________, 2Q2a.
-� E]ocument Mo.: ❑aie
� fQ' �RAINAGE AN❑ �•
T�TAL AREA UTILITY EASEMEN� ' p ,
ZS �J�g S�. F.T CAB. A, PG. fi380 , �j -------------------------
� P.R.T.C.T. -------------
0.64$ ACRES Notary Publi� in ar�d fvr the 5tate af Texas
.� 1 My commission expires:
� REPLAT
N 1 LOT 'I OR1 �C LOT d nR2 9L�CK K
VAQUER� RESiDENTIAL ADDlTI�N
, 80,06Z SQ.FT. � 1 .838 ACRES
c�
��8 BEING A REPLAT OF LaT 1�R, BLaCK K,
IRF
�-& 5' YAQUER� PHASE 1 RESIDENTlAL AOQ1Ti�N
� J� � REC�RO�❑ IN INST. N�. p2�31�5275� D.P.R.T.C.T.
� LER�Y BOGGE55 SURVEY, A85TRACT N�. �96
�, �.�,� .9Z,' ' STATE �LANE \ T�WIV ❑F WESTlAKE, TARRAIVT CDUMTY, TE][AS
`�` S$ � ,�g'+'w - CO�R�I�IATES }
❑ 1� � N=7,�39,947.i2 r��,�J��fING �: '��'_!�;'�C r�faf_;
"? E=2,369,988.fi8
Main Office
'� �WNEI�: .�A�►IIE E�EN GOTTLIE9 & =" . 1�025 5h iloh �oad, 5te. 23�
I��CHELLE G�TTLiEB �;► � ❑allas, T7� 75��8
VAQIlERD PHASE 1 � �
IRS RESE[1ENTIAL A�DITI0�1 35' BLdG. L. ` ��I�T �F 1718 W15T�RiA WAY ' ' P 214.349.9485
LOT 9. BLOCI( K CAe. A, PG. 638❑ � WESTLAi{E, TEXAS 76262 � ��,[�V��"��IG T�Xr15 �LC � ���.�49.�?16
�
CAB. A, PG. f38❑ P.�.T.�_�. B EG I N N I N� PHONE: 574-231-6800 Fir� �p. ��'��t����
s'. P.R.T.C.�.
rn EMAIL: xXX](x '
� E:FV��-H�;ustr,n-F��.t Tex;;-����,-�n�S�ri i�nlo��•io WWW,cbginctx.com
` 1 1
SCALE: f"-3�' / �ATE: JAIVLJARY 47, F�2a / J�B �IQ_ fi922126 / �RAWN BY� YP
TOWN OF WESTLAKE
RESOLUTION NO. 20-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS
APPROVING A REPLAT FOR LOT lOR, BLOCK K, VAQUERO PHASE ONE
RESIDENTIAL ADDITION.
WHEREAS, the Planning and Zoning Commission held a public on September 21, 2020
and voted unanimously to recommend approval of the replat; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION L• That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council of Westlake, TeXas, after
considering the recommendation for approval from the Planning and Zoning Commission on
September 21, 2020, does hereby approve the replat as found in the attached document as Exhibit
«A��
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
Resolution 20-31
Page 1 of 3
PASSED AND APPROVED ON THIS 28TH DAY OF SEPTEMBER 2020.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 20-31
Page 2 of 3
EXHIBITS
EXHIBIT A Replat of Lot lOR, Block K, Vaquero Phase One Residential Addition
Resolution 20-31
Page 3 of 3
Town Cou nci I
Item # 8 — Executive
Session
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087 - Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business prospect that
the governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or
other incentive to a business prospect described by Subdivision (1) for the following:
- Front 44
- Entrada
b. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on
matters in which the duty of the Town Attorney under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551
of the Texas Government Code - FM 1938 access for proposed Southlake
development.
c. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding
Granada Homeowners' Association matters.
Town Cou nci I
Item # 9 — Reconvene
Council Meeting
Town Cou nci I
Item # 10 — Necessary
Action
Town Council
Item # 11 — Future
Agenda Items
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.
Town Cou nci I
Item # 12 — Council Recap /
Staff Direction
Town Council
Item # 13 — Adjournment