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Home My WebLink About12-13-21 Joint TC BOT Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE SESSION MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 ' " ` ' ° " " o F December 13, 2021 3:00 P.M. WESTLAKE �ision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and quality of life amenities amidst an e ver expanding urban landscape. Executive Session 1. CALL TO ORDER 2. EXECUTIVE SESSION The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: b. a. 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. 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. 074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation d. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. 3. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 4. AD)OURNMENT 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 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. TC Executive Session Agenda- 12/13/21 Page 1 of 2 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, December 10, 2021, by 3:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Jarrod Greenwood, Assistant Town Manager TC Executive Session Agenda— 12/13/21 Page 2 of 2 TOWN OF WESTLAKE TOWN COUNCIL AND BOARD OF TRUSTESS JOINT MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 T N F i 0 W N U F W ESTLAI�E DECEMBER 13, 2021 5:00 P.M. MEETING REVI S E D The Town Council and the Board of Trustees of the Town of Westlake will conduct this joint meeting at 5:00 p.m. on Monday, December 13, 2021. A recording of this meeting will be made and will be available to the public in accordance with the Open Meetings Act. l/ision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and quality of life amenities amidst an e ver expanding urban landscape. Regular Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. 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 Town Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. 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. 5. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board 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 Resolution 21-46, approving the 2022 Meeting calendar. b. Consider approval of Resolution 21-47, authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas, to utilize Town TC/BOT Agenda- 12/13/2021 Page 1 of 4 owned telecommunications conduit (duct bank) to serve the Knolls residential development. c. Consider approval of Resolution 21-48, authorizing the addition of Juneteenth as an officially recognized holiday, and its inclusion in the Town of Westlake Personnel Manual. d. Consider approval of Resolution 21-49, appointing a member to the Westlake Academy Foundation Board of Directors. e. Consider approval of WA Resolution WA 21-28, Approving Updates to Special Education Evaluation Procedures. f. Consider approval of Resolution 21-50, approving the design guidelines for Aspen Ranch. 6. CONSIDER APPROVAL OF RESOLUTION WA 21-29,APPROVING THE FY 2020-2021 ANNUAL AUDIT REPORT FROM WEAVER AND TIDWELL, L.L.P. 7. CONDUCT A PUBLIC HEARING TO DISCUSS CHARTER 2021 RATING BASED ON SCHOOL YEAR 2020-2021 DATA AND ANNUAL FINANCIAL MANAGEMENT REPORT. 8. PRESENTATION AND DISCUSSION OF THE DRAFT QUESTIONS FOR THE RESIDENTIAL SURVEY, INCLUDING SPECIAL INTEREST QUESTION REGARDING THE ISSUANCE OF DEBT FOR FUTURE FACILITIES. 9. CONSIDERATION OF RESOLUTION 21-51, APPROVING THE TOWN TO CAST ONE (1) VOTE FOR NOMINEES FOR THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS AS ESTABLISHED BY THE PROPERTY TAX CODE. 10. CONSIDERATION OF RESOLUTION 21-52, APPROVING THE TOWN TO CAST (2) VOTES FOR NOMINEES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS AS ESTABLISHED BY THE PROPERTY TAX CODE. 11. PRESENTATION AND DISCUSSION REGARDING THE COUNCIL RELATIONS POLICY AND HOW CITIES ADDRESS ADMINISTRATIVE REQUESTS. 12. EXECUTIVE SESSION: The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. 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. 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. 074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: TC/BOT Agenda— 12/13/2021 Page 2 of 4 - Town Manager evaluation d. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters of bankruptcy proceedings by the Texas Student Housing Authority. 13. RECONVENE MEETING. 14. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 15. COUNCIL RECAP/STAFF DIRECTION. 16. FUTURE AGENDA ITEMS: Any Town Council/Board of Trustees Member may request at a workshop and or Town Council/Board of Trustees meeting, under "Future Agenda Item Requests", an agenda item for a future Town Council/Board of Trustees meeting. The Town Council/Board of Trustees Member making the request will contact the Town Manager/Superintendent with the requested item and the Town Manager/Superintendent will list it on the agenda. At the meeting, the requesting Town Council/Board of Trustees Member will explain the item, the need for Town Council/Board of Trustees discussion of the item, the item's relationship to the Town Council/Board of Trustees strategic priorities, and the amount of estimated staff time necessary to prepare for Town Council/Board of Trustees discussion. If the requesting Town Council/Board of Trustees Member receives a second, the Town Manager/Superintendent will place the item on the Town Council/Board of Trustees agenda calendar allowing for adequate time for staff preparation on the agenda item. a. Approved by Council for Discussion i. Historical Designations for various properties in Westlake (Mayor Wheat 5/24) ii. Quarterly HOA Board Meeting Discussions (Councilmember Dasgupta 8/23) iii. Form a committee to explore finance options regarding building permanent buildings to replace the portables at Westlake Academy: options to build partnerships without Town's biggest stakeholders, so that the expense does not fall entirely on taxpayers. (Councilmember White 11/15) iv. Amend the Town Ordinance(s) such that the Executive Director of Westlake Academy is selected by a final approval by the Westlake Academy Board of Trustees. (Councilmember White 11/15) v. Amend the Town Ordinance(s) such that we require the Superintendent of Westlake Academy hold a minimum level of credentials as noted below Councilmember White 11/15): a. Hold a Master's degree or higher in Education. b. Be enrolled in or have graduated from a Superintendent Certification Program. vi. Amend the Town Ordinance(s) to separate the positions of Town Manager and Superintendent. (Councilmember White 11/15) vii. Discussion regarding governance enrichment as a follow up to our Council retreat on May 24t" with Mike Conduff. (Mayor Wheat 11/15) viii. Social media policy as it relates to bullying. (Mayor Wheat 11/15) ix. Social media education policy for K-12. (Mayor Wheat il/15) b. Submitted for Review i. Council discuss and consider live-streaming Council meetings. ii. Council discuss and consider extending our lease at Solana, as current market conditions make this an attractive option. TC/BOT Agenda— 12/13/2021 Page 3 of 4 iii. Council discuss and consider amending our Town Ordinances to establish term limits for both Mayor and Council seats. For ex. 4 year or 6 year limits. iv. Council discuss and consider requiring developers to post a Development/Performance Bond on large projects moving forward. 17. AD)OURNMENT 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 551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, December 10, 2021, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Jarrod Greenwood, Assistant Town Manager 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/BOT Agenda— 12/13/2021 Page 4 of 4 Town Council/ Board of Tru stees Item # 2 — Pledge of Allegiance United States P/edae 'I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indi�isible, with liberty and justice for a//. „ Texas P/edAe "Honor the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indi�isible. " Town Council/ Board of Trustees Item #3 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. 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 Town Council or Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council or Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. ITEMS OF COMMUNITY INTEREST: Town Council/Board of Town Trustees Reports on Items of Community Interest, pursuant to Texas Government Code Section 551.0415, the Town Council/ � Board of Trustees may report on the following items: (1) Cou nci I/ Boa rd expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of of Trustees individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Item # 4 — Items of Community Interest Ca/endar of Meetings/Events; 7oint Town Council / Board of Trustees Meeting Monday, December 13, 2021; 5:00 pm Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 7oint Town Council / Planning and Zoning Meeting Tuesday, December 14, 2021; 5:00 pm Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 Westlake Academy CLOSED for holidays December 20-January 4t" Town Hall and Municipal Court CLOSED for holidays December 24t", 27t", and 31St Town Council Meeting* Monday, January 10, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 Recycling Drop-off Electronics Recycling, Shredding, &Christmas Tree Drop-Off Saturday, January 8, 2022; 10 am Coffee and Conversation Monday, January 10, 2022; 8 am-9:30 am Sip Stir Coffee, 1300 Solana Blvd. *Reminder;Agendas for all municipal/academic meetings are posted a minimum of 72 hours before the meeting begins and can be found on our Town's website under the tab "Government/Aqendas&Minutes." **For meetinq a eq ndas and detai/s on WA calendar events or Municipal ca/endar events,please visit the Westlake Academy website or the Town of West/ake website for further assistance. r x e r o w H o r WESTLAKE �isiiNcriv[ er ursicN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, December 13, 2021 TOPIC: Consider approval of a Resolution adopting the 2022 Meeting Schedule of the Town Council, Board of Trustees, and Planning&Zoning Commission. STAFF: Todd Wood, Town Secretary STRATEGIC ALIGNMENT � � � . , . . , : ' • 1 � 1 � Exemplary Service&Governance Inerease Informed&Engaged Citizen, Student& -We set the standard by delivering Transparency, Citizens/Sense of unparalleled municipal and Community Stakeholder educational services at the lowest Accessibility& cost. Communications SUMMARY Each year, a proposed meeting calendar for the upcoming year is presented to the Town Council for approval. Occasionally,the meeting schedule may require modification due to events that may create a conflict for Council/Board Members or staff to attend Council/Board meetings. Additionally, any agenda items that are considered time-sensitive may require an additional meeting to be scheduled. However, additional meetings may be scheduled, as needed. Staff considers several factors in preparing the 2022 meeting calendar,including national holidays, school holidays, school graduation,the May election and the canvass,Planning&Zoning meetings and setting the tax rate for adoption of the annual budget. Due to current development activity, a Planning & Zoning meeting has been scheduled each month prior to the Town Council meeting, as in previous years. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution • Reject the proposed Resolution STAFF RECOMMENDATION Staff recommends approval of the Resolution. Page 1 of 2 FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Town of Westlake: The proposed Resolution is not anticipated to impact the Town of Westlake's budget. Comprehensive Plan: The proposed Resolution does not impact the Comprehensive Plan. Cost Recovery Analysis: The proposed Resolution is not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Resolution does not have an impact on traffic. ATTACHMENTS Exhibit "A"—Proposed Meeting Calendar Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-46 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING REGULAR MEETING DATES AND PROCEDURES; SETTING THE 2022 MEETING DATES OF THE TOWN COUNCIL, BOARD OF TRUSTEES, PLANNING AND ZONING COMMISSION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Texas Local Government Code allows the governing body of a general law municipality to establish regular meetings of the governing body by the passage of a resolution; and WHEREAS, the Town Council finds that it is in the best interest of the Council and the Town's residents that the Council shall establish regular meetings at a convenient date, time, and place; and WHEREAS, the 2022 available regular meeting dates are hereby established in accordance with attached Exhibit "A"; 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: The Town Council of the Town of Westlake, Texas, and Westlake Academy Board of Trustees shall conduct regularly scheduled meetings on dates and times as established by the Town Council. All Mondays shall be established as a day available for regular meetings as needed. Special meetings shall be called in accordance with Section 22.038(b) of the Texas Local Government Code. Meetings shall be held at the Town Hall offices located at 1500 Solana Boulevard, Bldg. 7, Ste. 7100, Westlake, Texas 76262, or a meeting room close by, or another location designated by the Town in the meeting notice. The exact time of each meeting will be determined prior to the notice of said meeting. SECTION 3: The Town Council hereby sets the 2022 regular meeting schedules as shown in the attached Exhibit "A': Resolution 21-46 Page 1 of 2 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13t''DAY OF DECEMBER 2021. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-46 Page 2 of 2 Town of Westlake 2022 Meeting Schedule � - . . � � S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 � 8 9 10 11 12 6 � 8 9 10 11 12 9 m 11 12 13 14 15 13 15 16 17 18 19 13 15 16 17 18 19 16 m 19 20 Z1 22 20 m 22 23 24 25 26 20 21 22 23 24 25 26 Z3 m Z5 26 Z7 Z8 Z9 Z7 � 27 � 29 30 31 30 31 � � 1 . 1 - 1 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 1 2 3 4 5 6 1 2 3 4 3 � 5 6 7 8 9 8 10 11 12 13 14 5 � 7 8 9 10 11 10 12 13 14 � 16 15 16 17 18 19 20 21 12 14 15 m 17 18 17 18 19 20 21 22 23 22 m 24 25 26 27 28 19 mm 22 23 24 25 24 m 26 27 Z8 29 30 29 m 31 26 27 28 29 30 � � . � - . - . - � S M T W Th F Sa 5 M T W Th F Sa 5 M T W Th F Sa 1 2 1 2 3 4 5 6 1 2 3 3 � 5 6 7 8 9 7 � 9 10 11 12 13 4 � 6 7 8 9 10 10 11 12 13 14 15 16 14 16 17 18 19 20 11 m 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 20 21 22 23 24 24 25 26 27 28 29 30 28 m 30 31 25 m 27 28 29 30 31 • . . - � . . - � � - . - � S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 2 � 4 5 6 7 8 6 � 8 9 10 11 12 4 � 6 7 8 9 10 9 11 12 13 14 15 13 m 16 17 18 19 11 m 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 �� 26 18 19 20 21 22 � 24 Z3 m Z5 Z6 Z7 Z8 Z9 Z7 28 Z9 30 25 � 27 28 Z9 � 31 30 31 � 10/10 School Holiday -Town Council .Municipal Holiday .Budget/Meeting Retreats New Council Orientation Academic Holiday Planning&Zoning Election Day/Special .Municipal &Academic Holiday First/Last Day of School Meeting to Canvass 1/03: Academic Holiday 6/16: TC Governance/Budget Retreat-All Day 1/10: TC to call the election (2/18 too late) 8/08:Adopt Academic Budget 3/14-18: Spring Break 8/17: First Day of School 5/07: Election Day 8/29: TC Meeting to approve max tax rate 5/16: Canvass if Election is held (5/19 too late) and set Public Hearing date 5/18: TC Orientation (if necessary) 9/12: Public Hearing, adopt Muncipal Budget, and 5/26: Last Day of School vote on Tax Rate 5/28: Academy Commencement 10/10: Academic Holiday r x e r o w H o r WESTLAKE �isiiNcriv[ er ursicN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, December 13, 2021 TOPIC: Consider a Resolution authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas, to utilize Town owned telecommunications conduit (ductbank) to serve the Knolls residential development. STAFF: Jarrod Greenwood, Assistant Town Manager STRATEGIC ALIGNMENT i � � . � . . , ; � • � i � i High Quality Planning,Design& Planned/Responsible People,Facilities, & Development-We are a desirable Optimize Planning& Development Technology Well planned,high-quality Development community that is distinguished by Capabilities exemplary design standards. SUMMARY The Town of Westlake owns and leases a series of telecommunications conduit, referred to as the Ductbank, which extends from the Solana Business complex to Westlake Academy, along FM 1938, and throughout various residential developments in Town. The Ductbank was envisioned as a way to provide telecommunications companies access to Town right-of-way without the need to dig, there by disrupting traffic,potentially damaging other buried utilities, eXpedite installation, and minimize inconvenience to property owners. The proposed lease will provide for the on-site and off-site installation of fiber optic cable within the Town's Ductbank throughout the development and along Solana Boulevard as with other recent ductbank agreements approved by Town Council. Payment for the proposed lease will be $110,187.78 for the first 20-year term (realized as $5,509.39 per year) and an additional $110,187.78 for a 20-year extension of the lease. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution • Reject the proposed Resolution Page 1 of 2 STAFF RECOMMENDATION Staff recommends approval. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Revenue Amount: $110,187.78 Funding Source: Utility Fund Contract: Yes Forms: Form 2270 Service Levels: The proposed Resolution provides for sound telecommunication infrastructure management consistent throughout the Town where Ductbank has been installed. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The proposed Lease is not anticipated to impact the Academy's budget as this is a Utility Fund Agreement. Comprehensive Plan: The proposed Lease is consistent with the Comp Plan of ensuring high development standards through sound right-of-way management Cost Recovery Analysis: The proposed Lease is not not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Lease does not have any significant impact on traffic. ATTACHMENTS 1. Resolution 2. Proposed DuctBank Lease with AT&T. Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 21-47 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS, TO UTILIZE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) TO SERVE THE KNOLLS RESIDENTIAL DEVELOPMENT. WHEREAS, Southwestern Bell Telephone Company d/b/a AT&T Texas, already leases telecommunication conduit from the Town; and WHEREAS, Southwestern Bell Telephone Company d/b/a AT&T Texas,desires to utilize telecommunications conduit from the Town of Westlake to serve the Knolls residential development; and WHEREAS, the Town Council find that the leasing of telecommunication ductbank conduit provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council authorize the Town Manager to execute a lease on behalf of the Town of Westlake; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the Lease with Southwestern Bell Telephone Company d/b/a AT&T Texas, related to the use of ductbank within and adjacent to the Knolls residential development to serve the Knolls, attached as Exhibit "A", and further authorizes the Town Manager to execute the lease on behalf of the Town of Westlake, TeXas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-47 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13TH DAY OF DECEMBER 2021. Laura Wheat, Mayor ATTEST: Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-47 Page 2 of 2 June 17, 2021 EXCLUSIVE CONDUIT LEASE Between TOWN OF WESTLAKE And SOUTHWESTERN BELL TELEPHONE COMPANY D.B.A. AT&T TEXAS Proprietary and Confidential Resolution 21-47 EXCLUSIVE CONDUIT LEASE TABLE OF CONTENTS ARTICLE 1:BASIC PROVISIONS ARTICLE 2:ADDITIONAL DEFINITIONS ARTICLE 3: TERMAND COMMENCEMENT ARTICLE 4:BASE RENT, RENEWAL AND RATE ADJUSTMENT ARTICLE S: USEAND COMPLIANCE WITHLAWS ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, AND IDEMNIFICATION ARTICLE 7: CASUALTYDAMAGE ARTICLE 8:MULTI-DUCTAND CONDUIT ARTICLE 9: ASSIGNMENT AND SUBLETTING ARTICLEIO: LANDLORD'SREMEDIES ARTICLE 11: TENANT'S REMEDIES ARTICLE 12: CONFIDENTIALITYAND PROPRIETARYINFORMATION ARTICLE 13:REPRESENTATIONS AND WARRANTIES ARTICLE 14: VENUE AND GOVERNING LAW ARTICLE I5:FORCE MAJEURE ARTICLE 16:ENTIRE AGREEMENT ATTACHMENT A - THE KNOLLS D UCT BANK CONSTR UCTION AND FIBER RO UTE PLANS ATTACHEMENT B-DUCTBANKACCESS PROCEDURES Page 2 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE THIS EXCLUSIVE CONDUIT LEASE ("Lease") is made and entered into as of the day of , 2021 by and between the Town of Westlake, Texas ("Landlord") and Southwestern Bell Telephone Company d/b/a AT&T Texas_("Tenant") ARTICLE 1: BASIC PROVISIONS This Article contains the basic lease provisions between Landlord and Tenant. A. Route: The route of the Conduit that is the subject of this Lease is as indicated on Attachment "A", The Knolls of Westlake Construction and Fiber Route Plans. B. Commencement of Lease: The Commencement Date for the Lease shall be as follows, subject to adjustment based on any Landlord delays in substantial completion of any Duct bank segments not completed at the time of Lease signing. C. Initial Term and 20 years Expiration Date: Commencement Date plus 20 years D. Rented Length: Parties agree that the rented length will be a 9051 feet based on the attached The Knolls of Westlake Construction and Fiber Route Plans. E. Size and Quantity: 6385'-2", 396'-1.5", 2270'-4" conduit F. Base Rent: $110,187.78 Based on Fiber Count and space in inter duct. G. Permitted Use: Facilities may be placed in the Conduit by the Tenant for the provisioning of communications and telecommunications services,including voice, data, video and internet services and any future technology. Page 3 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE H. Landlord: Town of Westlake, Texas I. Landlord's Notice Address: Town Manager 1500 Solana Boulevard Building 7, Suite 7200 Westlake, TX 76262 With copies to: Town Attorney Town of Westlake Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, TX 75062 J. Tenant: Southwestern Bell Telephone Company d/b/a . AT&T Texas K. Tenant's Notice Address: ROW Department 13845 FAA Blvd Fort Worth, Tx 76155 L. Rent Payments: Lump Sum payment of$110,187.78 M. Attachments: This Lease includes and incorporates by this reference: Attachment A: The Knolls of Westlake Construction and Fiber Route Plans Attachment B: Ductbank Access Procedures N. Substantial Completion: Substantial completion of all or a portion of the construction of the Ductbank occurs when the construction of the Ductbank is completed sufficient to enable Tenant to install its facilities located in the Conduit. O. Open ACCESS: This is an OPEN ACCESS Lease in that Landlord may lease other ducts within the Duct bank to other Tenants. Leases entered into with other Tenants may not interfere in any manner with Tenant's ability to provide service to its customers including increasing operational burdens ar costs. Interference—is defined as the prevention of providing service or the degradation of service due to a technical issue caused by the Landlord or by another tenant. The Landlord is a provider of facility such as conduit and right of ways and therefare remains neutral on any tenant's service Page 4 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE objectives or strategy for deployment. ARTICLE 2: ADDITIONAL DEFINITIONS A. Conduit: The term"conduit"refers to a six-inch(6"),four-inch(4") or two-inch(2")rigid pipe or flexible material located within the Ductbank. The conduits leased under and pursuant to this Lease are identified in Attachment "A", The Knolls of Westlake Duct Bank Construction and Fiber Route Plans, and are referred to herein as the "Conduit." B. Cell: The term "cell" refers to a multi-duct inner-liner within a conduit. The cells leased under and pursuant to this Lease are as indicated in Attachment "A", The Knolls of Westlake Duct Bank Construction and Fiber Route Plans, and are referred to herein as the "Cells." C. Ductbank: A bank or collection of several Landlord-owned conduits routed from manhole to manhole or pull box. D. Facilities: The term "Facilities"refers to cables, wires and other appurtenances as determined by Tenant which Tenant shall place in Conduit rented hereunder to provide communications and telecommunications services. E. Open Access: The term "Open Access" refers to any potential tenant that may require physical space within the conduit shall have the opportunity to negotiate in good faith with the Landlord and seek a Lease Agreement. F. Exclusive Conduit Lease: The term "Exclusive Conduit Lease" refers to ownership of the fiber optic, copper or any other cabling within the conduit in reference to the Plans, Drawings and Specifications referenced in the Conduit Lease Agreement. This "Exclusive" Agreement means that no fiber can be subleased, sold, traded or acquired by any other party without the Landlord having knowledge and approval without being unreasonably held. ARTICLE 3: TERM AND COMMENCEMENT A. Term: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Conduit and/or Cells identified in Article 1, and described in Attachment "A", The Knolls of Westlake Duct Bank Construction and Fiber Route Plans, for the Term, subject to the other provisions of this Lease. The term of this Lease shall commence on the Commencement Date and end at 11:59 PM on the Expiration Date set forth in Article 1, unless sooner terminated as provided in this Lease. This Lease may be renewed as provided for in Article 4.B. ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT A. Base Rent: Tenant shall pay Landlord(i)the Base Rent set forth in Article 1 in advance on or before the Commencement Date and annually on the anniversary date, or (ii) the one-time lump sum base rent set forth in Article 1 in advance on or before the Execution of the Lease. The Rate Adjustment set forth in Article 1 shall be applied to the base rent to offset additional costs incurred by the Tenant. Rent shall be based on the number of Page 5 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE cells leased by the Tenant along with fiber count within the cell or conduit. B. Renewal: This Lease may be extended and renewed upon the written consent of both the Landlord and the Tenant, and such consent shall not be withheld by the Landlord without a justifiable cause presented in writing to the Tenant. Tenant shall have a minimum of 180 days from the receipt of such termination notice to discontinue its use of the ductbank. Performance Issues related to the Renewal Fee may be considered a justifiable cause for withholding consent. ARTICLE 5: USE AND COMPLIANCE WITH LAWS A. Use of Conduit: Tenant and Tenant only shall use the Conduit only for the permitted use identified in Articles 1 and 2, and no other purpose whatsoever, subject to the other provisions of this Article and this Lease. Tenant may petition the Landlord to use the Leased Conduit for other purposes, and if technologically feasible and will not interfere with other Tenants. B. Maintenance of Ductbank: Landlord shall at its sole cost maintain the physical structure of the Ductbank, including manholes, and shall provide a clean and safe working environment within the ductbank including the removal of water, mud, animals, insects and other foreign matter, when manholes need to be accessed. Twenty-four (24) hour Notice for access must be given for the Maintenance required. C. Protection of Tenant Facilities within Ductbank: Landlord shall use best efforts to assure that Tenant's Conduit and Facilities within the Ductbank are protected from damage by other tenants and to allow efficient access by the Tenant to its Facilities. All Tenants shall have Five (5) million Dollars Liability Insurance to make a claim upon in case of any catastrophic occurrences. Landlord will not be responsible for any liquidated damages from any catastrophic occurrences. Protection of the ductbank shall be limited to what is reasonable for a local municipality may control under local jurisdictional law specified by code of The Town of Westlake and The State of Texas. D. Compliance with Laws: The parties shall comply with all laws of the State of Texas and all agencies of the United States that have direct responsibility. Nothing in the Lease shall have the effect of eliminating or altering the parties' requirements to comply with all of the ordinances of the Town of Westlake, Chapter 283 of the Texas Local Government Code ar Chapter 253 of the Federal Telecommunications Act. In the event this Lease, or any of it's provisions or the operations contemplated hereunder, are found to be inconsistent with or contrary to any laws (now existing or hereinafter enacted),the law will be deemed to control and, if commercially practicable, this Lease will be regarded as modified accordingly and will continue in full force and effect as so modified. If such modified Lease is not commercially practicable, in the opinion of either party, then the parties agree to meet promptly and discuss any necessary amendments or modifications to this Lease. If the parties are unable to agree on necessary amendments or modifications in order to comply with any laws,then this Lease may be terminated immediately by either party. E. Access: During the Term, and any Extension Term, Landlord will provide Tenant free and unrestricted access for ingress and egress, vehicles, construction materials and equipment, to and from the Tenant's Conduit and Facilities within the Ductbank, 24 hours a day, 7 days a week, 365 days a year, so that Tenant may perform installation, operation, maintenance, replacement, repair or operating improvement and equipment. Page 6 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE F. Landlord shall not permit any interference with Tenant's free and unrestricted access and right to use Tenant's Rented Conduit and Facilities within the Ductbank. G. No litigation or governmental,administrative, or regulatory proceeding is pending,proposed or threatened with respect to Tenant's Conduit and Facilities within the Ductbank,including,without limitation,claims of third- parties; Landlord shall notify if any such future actions are pending. H. Tenant's Conduit and Facilities within the Ductbank are free of any asbestos or asbestos-containing materials and shall remain free throughout the Term and any Extension Term; Landlord shall maintain the ductbank in accordance to all, local, state and federal codes concerning Hazardous Materials. ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, AND IDEMNIFICATION A. Required Insurance: Each party shall maintain during the Term of the Lease: Commercial general liability insurance, with limits of$ 5,000,000 for personal injury, bodily injury or death, and property damage or destruction (including loss of use thereo�, combined single limit for one occurrence, and $2,000,000 in the aggregate per policy year, with (a) for contractual liability coverage, and (b) inclusion of the other Party as additional insured. Any additional personal injury, bodily injury or death, and property damage or destruction above the specified amount shall be the financial responsibility of the Tenant. B. Certificates and Other Matters: Each Party shall provide the other with certificates evidencing the coverage required hereunder prior to the commencement Date, or Tenant's entry to the Ductbank,whichever first occurs. Tenant shall provide at least ninety-days advanced written notice to landlord of any cancelation or non- renewal of any required coverage that is not replaced. Landlard and Tenant shall provide renewal certificates to the other prior to expiration of such policies. Except as provided to the contrary herein, any additional insurance carried by Landlord or Tenant shall be for the sole benefit of the party carrying such insurance. All insurance required hereunder shall be provided by responsible insurers eligible to do business in the State of Texas and shall have a general policy holder's rating of at least A- (A minus) and a financial rating of at least [VII] in the then current edition of Best's Insurance Reports. Each Party disclaims any representation as to whether the foregoing coverage will be adequate to protect Tenant. C. Self-Insurance: The parties to this Lease acknowledge that Tenant may satisfy all requirements of Article 6 by maintaining and providing written evidence to the Landlord of a program of self-insurance as permitted by the laws of the State of Texas. Any Tenant who declares "Self-Insured" shall be compelled to post a Surety Bond equal too all capital invested and liquidated damages that may arise from any claim. D. Landlord's Liability to Tenant: Landlord's liability to Tenant, if any, for damages alleged pursuant to the obligations, terms, and conditions of this Lease, shall not exceed the insurance amounts in Article 6, Section A,hereto. Nothing contained in this Lease shall waive Landlard's defenses or immunities under Section 101.001 et seq. of the Texas Civil Practice and Remedies Code or other applicable statutory or common law. E. Tenant's Liability to Landlord: Tenant's liability to Landlard, if any, for damages alleged pursuant to the obligations, terms, and conditions of this Lease, shall not exceed the insurance amounts in Article 6, Section Page 7 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE A, hereto. Nothing contained in this Lease shall waive Tenant's defenses or immunities under the Texas Civil Practice and Remedies Code or other applicable statutory or common law. ARTICLE 7: CASUALTY DAMAGE A. Restoration: (1) The parties shall promptly notify each other of any damage to the Ductbank by fire, trenching equipment, or other casualty. If the Ductbank or any of its appurtenances are damaged by fire or other casualty,Landlord shall use available insurance proceeds to restore the same. Landlord will, in a reasonable amount of time, make every reasonable attempt to restore the Ductbank to substantially the same condition as prior to the casualty. Any Third party responsible for damage shall have action taken in the form of a Claim for materials and service restoration along with liquidated damages. (2) Landlord: In case of damage not caused by Tenant or the Tenant's agents,employees or contractors to the Ductbank, Landlord will make every reasonable attempt to promptly restore the Ductbank. Tenant: Tenant or any of their agents, employees,or contractors were the sole cause of the damage, the Tenant shall pay 100%of the reasonable, actual and direct cost of restoration including but not limited to straight time labor, overtime labor, materials, material expediting fees, and supervision_ If Landlord does not initiate repairs within one (1) hour and complete such repairs in a timely manner, Tenant ma,y be,�in such repairs itself and Landlord agrees to reimburse Tenant the reasonable cost of all such repairs. (3) When damage to the Ductbank by casualty has occurred, and when notice and coordination are practicable, the parties shall coordinate repair and other work operations in emergency situations involving seroice disruptions. Disputes will be immediately resolved at the site by the affected parties present in accordance with the following principles: a. Emergency service restoration work requirements shall take precedence over other work operations. b. Except as otherwise agreed upon by the parties, restaration of lines necessary to alleviate life- threatening situations shall be given the highest priority. Secondary priority shall be given to restoring lines for emergency service providers (e.g., 911, fire, police, and national security and hospital lines). Third priority shall be given to restoring lit fibers of the local service providers, on a rotating basis. The parties shall exercise good faith in assigning priorities, shall base their decisions on the best information then available to them at the site in question, and may, by mutual agreement at the site, take other factors into consideration in assigning priorities and sequencing service restoration activities. c. Landlord shall determine the order of precedence of work operations only if the affected parties present are unable to reach prompt agreement;provided,however,that these decisions shall be made by Landlord on a nondiscriminatory basis in accordance with the principles set forth in this section. Town Manager or designee shall make this decision. Page 8 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE B. Termination of Lease by Landlord: Notwithstanding the foregoing to the contrary,in lieu of performing the restoration work, Landlord may in the event of a total casualty, elect to terminate this Lease by notifying Tenant in writing of such termination within thirty(30) days after the date of damage (such termination notice to include a termination date providing not less than thirty (30) days' notice to Tenant). C Termination of Lease by Tenant: Notwithstanding Paragraph B above,Tenant may terminate this Lease if Tenant is unable to use all or a substantial portion of the leased Ductbank as a result of fire or other casualty not caused by Tenant or its employees or agents, and (i) such work is estimated to take more than fifteen (15) days, or (ii) Landlord fails to substantially complete restoration work within thirty (30) days from the date the casualty occurred. In order to exercise any of the foregoing termination rights, Tenant must send Landlord at least fifteen (15) days advance notice specifying the basis for termination, and such notice must be given no later than thirty (30) days following the occurrence of the condition serving as the basis for the termination right invoked by Tenant Such termination rights shall not be available to Tenant i£ (a)Landlord substantially completes their repairs to the Ductbank within Landlord's thirty(30) day period to substantially complete restoration to the damaged portion of the Ductbank, or (b) Landlord permanently provides Tenant with reasonably comparable alternate ducts within the Ductbank route or an alternate route reasonably acceptable to Tenant. D. Permits: Landlord shall expedite approval of any required permits due to termination of Lease by either party provided that Tenant complies with all applicable local, state and federal requirements. ARTICLE 8: MULTI-DUCT AND CONDUIT Tenant shall conduct a physical inspection of the Conduit prior to accepting the Conduit and installing its Facilities. Once Tenant accepts the Conduit, Tenant accepts the Conduit "as-is." Tenant may install cells, at its discretion,at no cost to the Landlord, subj ect to submittal of Tenant's plans and specifications for written approval by Landlord. ARTICLE 9: ASSIGNMENT AND SUBLETTING A. Transfers: Tenant shall not have the right to assign or sublet this Lease, Tenant shall have the right to allow third parties the right to transmit signals and/or data over or otherwise use Tenant's Facilities if approved by the Landlord. Approval will be determined if Tenant and Landlord agree on existing capacity, financial terms and space required. B. With respect to all other transfers or assignments of this Lease, Tenant shall not, without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed by Landlard, assign,mortgage, pledge, hypothecate, encumber, or permit any lien to attach to, or otherwise transfer, this Lease or any interest hereunder. C. Tenant shall notify Landlard of any offer of transfer ar assignment in writing, which notice shall include: (a) the effective date of the transfer or assignment, (b) the portion of the Conduit to which the Lease transfer or assignment applies, (c) the name, address, and background information concerning the proposed Transferee, (d) an assignment and assumption agreement signed by the Transferee, whereby the Transferee assumes all Page 9 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE obligations,terms, and conditions of this Lease relating to the assigned Conduit, and(e)the nature of Transferee's business and proposed use of the Conduit, if different from the Tenant's. Any transfer made without complying with this Article shall, at Landlord's option,be null,void, and of no effect, or shall constitute a Default under this Lease. D. There shall be �additional compensation demanded or authorized by the Landlord for any Transfer or Assignment of this Lease from either the Tenant or the Transferee that is not specifically addressed in this lease. E. This should be considered an "Exclusive Conduit Lease Agreement"between Landlord and Tenant. Any Subleasing, trading, sharing etc. must come through the Landlord for permission and compensation. ARTICLE 10: LANDLORD'S REMEDIES A. Default: Either party shall be in default hereunder in the event such party has not begun and pursued with reasonable diligence the cure the breach of this Lease within thirty(30) days of the receipt of written notice from the other party of the breach. B. Remedies: (1) Upon the occurrence of any uncured material event or events of default, whether enumerated in this paragraph or not, the non-defaulting party shall have the option to pursue any one or more of the following: (i) terminate this Lease (Tenant's right of use, entry and possession may be terminated only by detainer suit, summary proceedings or other lawful means), (ii) perform whatever obligations the other party is obligated to perform under the terms of this Lease, and to the defaulting party shall reimburse the other party far any reasonable expenses incurred in performing the defaulting party's obligations, (iii) recover any unpaid rent or on a pro-rata basis any pre-paid rent, as the case may be as of the date use is terminated, (iv)recover any unpaid rent which thereafter accrues during the Term from the date use is terminated through the time of judgment (ar which may have accrued from the time of any earlier judgment obtained by Landlord), less any consideration received from replacement tenants, (v) recover any other reasonable amounts necessary to compensate the non-defaulting party for all damages proximately caused by defaulting party's failure to perform its obligations under this Lease, including reasonable attorney's fees and costs. (2) In the event one party terminates the other party's right of use pursuant to this Article, Tenant agrees to remove its facilities within ninety (90) days of termination, or as soon as reasonably practical, if demanded by the Landlord. Should Tenant fail to remove facilities, Landlord may, at the Tenant's expense, remove Tenant's facilities from the Duct bank and receive salvage value or may desire to leave in place and sell to a third party. (3) NEITHER PARTY SHALL BE LIABLE TO OTHER FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND LOST REVENUES or what is defined as Liquidated Damages. Page 10 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE ARTICLE 11: TENANT'S REMEDIES A. Default: Landlord shall be in default hereunder in the event Landlord has not begun and pursued with reasonable diligence the cure of any failure of Landlord to meet its obligations hereunder within thirty (30) days of the receipt by Landlord of written notice from Tenant of the alleged failure to perform. B Remedies: Upon the occurrence of any event or events of default by Landlord, whether enumerated in this paragraph or not, Tenant shall have the option to pursue any one or more of the following: (i) termination of this Lease; and (ii) exercising all other remedies available to Tenant at law or in equity, including without limitation, injunctive relief of all varieties. Notwithstanding the foregoing, if(i) Landlord's default hereunder creates an emergency or creates conditions which if uncured will impair or impede Tenant's ability to provide telecommunications services, and (ii) Landlord has not commenced or does not diligently proceed to cure such default, then Tenant may, after two (2) business day's written notice to Landlord, take whatever actions are necessary to commence curing the default(s), and Landlord agrees to reimburse Tenant for any reasonable expenses incurred in effecting compliance with Landlord's obligations, including reasonable attorney's fees and costs. ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION A. In connection with this Lease, either party may furnish to the other certain information that is marked or otherwise specifically identified as proprietary or confidential ("Confidential Information"). This Confidential Information may include,among other things,private easements,licenses,utility agreement Leases,permits,other right-of-way granting documents, specifications, designs, plans, drawings, data, prototypes, and other technical andlor business information. For purposes of this Section, the party that discloses Confidential Information is referred to as the "Disclosing Party" and the party that receives Confidential Information is referred to as the "Receiving Party". If the Receiving Party is the Landlord, the Landlord shall fully comply with the Texas Public Information Act (formerly the "Texas Open Records Act"), including requesting a decision from the Attorney General regarding the confidentiality of the requested Confidential Information, to protect the release of confidential or proprietary information, and will promptly notify the Disclosing Party of such request for disclosure. B. When Confidential Information is furnished in tangible form, the Disclosing Party shall mark it as "Proprietary or Confidential". When Confidential Information is provided orally, the Disclosing Party shall, at the time of disclosure or promptly thereafter, identify the Confidential Information as being proprietary ar confidential. C. With respect to Confidential Information disclosed under this Lease, the Receiving Party and its employees shall: (1) To the extent allowed by law, hold the Confidential Information in confidence using procedures no less stringent than those used with respect to its own proprietary, confidential and private information of a similar nature, subject to the terms of this Lease. For the purpose of this Article 12, Landlord shall comply with any ruling made by the Texas Attorney General pursuant to the Texas Public Information Act. Landlord shall not be required to take any action beyond this Page 11 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE section to keep information confidential; (2) Restrict disclosure of the Confidential Information solely to those of its employees who have a need to know in connection with the performance of this Lease, and not disclose the Confidential Information to any other person or entity except as required by law; (3) Advise those employees of their obligations with respect to the Confidential Information; (4) Use the Confidential Information only in connection with the performance of this Lease, except as the Disclosing Party may otherwise agree in writing except as allowed by law; (5) Promptly notify the Disclosing Party of the request for the Confidential Information D. Upon written request of the Disclosing Party,the Receiving Party shall return all Confidential Information received in tangible form, except that each party's legal counsel may retain one copy in its files solely to provide a record of such Confidential Information for archival purposes. If the Receiving Party loses or makes an unauthorized disclosure of Confidential Information,it shall notify the Disclosing Party and use reasonable efforts to retrieve the Confidential Information. E. The Receiving Party shall have no obligation to preserve the proprietary nature of Confidential Information which: (1) was previously known to the Receiving Party free of any obligation to keep it confidential; or (2) is or becomes publicly available by means other than unauthorized disclosure; or (3) is developed by or on behalf of the Receiving Party independently of any Confidential Information furnished under this Lease; or (4) is received from a third parry whose disclosure does not violate any confidentiality obligation. F. If the Receiving Party is required to disclose the Disclosing Party's Confidential Information by an order ar lawful process of a court ar governmental body,the Receiving Party shall promptly notify the Disclosing Party, and shall cooperate with the Disclosing Party in seeking reasonable protective arrangements before the Confidential Information is produced. ARTICLE 13: REPRESENTATIONS AND WARRANTIES A. Each parry represents and warrants that: (i) it has full right and authority to enter into, execute, deliver, and perform its obligations under this Lease; and (ii) its execution of and performance under this Lease shall not violate any applicable existing regulations,rules, statues or court orders of any local, state or federal governmental agency, court or body. B. Landlord further represents and warrants that: (i)it has all rights and authorizations necessary to construct the Ductbank and to lease Conduit to Tenant; (ii) that it has obtained any and all real property rights necessary to install the Ductbank and to enter upon the property on which the Ductbank is located, and to permit Tenant to enter. Landlord shall use best efforts to maintain such rights throughout the Term. If Landlord fails to obtain Page 12 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE and/or cause to remain effective throughout the term of this Lease all required real property rights necessary for Tenant's use of the Ductbank, Tenant may terminate the Lease,without further obligation,by giving the Landlord thirty (30) days written notice. In the event of such termination, ARTICLE 14: VENUE AND GOVERNING LAW This Lease shall be governed by the laws of the State of Texas and any applicable Federal law. This Lease will be enforceable in Tarrant County,Texas;if legal action is necessary to enforce this Lease,venue will lie in Tarrant County, Texas, with the U.S. District Court for the Northern District of Texas, or with any regulatory body of competent jurisdiction; e.g., the Public Utility Commission of Texas, the Federal Communications Commission. ARTICLE 15: FORCE MAJEURE Neither Landlord or Tenant, as the case may be, shall be liable or responsible for any damages or delays in performance due to strikes,riots, (pandemics)acts of God, any act of terror or civil disturbance, shortages of labor or materials, war, or any other cause whatsoever beyond the control of Landlord or Tenant, as the case may be. ARTICLE 16: ENTIRE LEASE This Lease, together with the Attachments and other documents listed in Article 1 (WHICH ARE HEREBY COLLECTIVELY INCORPORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH), contains all the terms and provisions between Landlord and Tenant relating to the matters set forth herein and no prior or contemporaneous Lease or understanding pertaining to the same shall be of any force or effect, except for any such contemporaneous written Lease specifically referring to and modifying this Lease and signed by both parties. TENANT HAS RELIED ON TENANT'S INSPECTIONS AND DUE DILIGENCE IN ENTERING THIS LEASE, AND NOT ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE CONDITION OR SUITABILITY OF THE DUCTBANK FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER NOT EXPRESSLY CONTAINED HERE. This Lease, including the Exhibits referred to above, may not be modified, except in writing signed by both parties. Without limitation as to the generality of the foregoing, Tenant hereby acknowledges and agrees that Landlord's leasing agents and field personnel are only authorized to show the Ductbank and potential routes and negotiate terms and conditions for leases subject to Landlord's final approval, and are not authorized to make any Leases, representations, understandings or obligations binding upon Landlord respecting the condition of the Ductbank, suitability of the same for Tenant's business, or any other matter, and no such Leases, representations, understanding or obligations not expressly contained herein or in such contemporaneous Lease shall be of any force or effect. Page 13 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first set forth above. LANDLORD: TOWN OF WESTLAKE, TEXAS By: Amanda DeGan, Town Manager TENANT: Michael Lassen-Director Construction & Engineering Southwestern Bell Telephone Company d/b/a AT&T Texas CERTIFICATE I, , as of the aforesaid Tenant, hereby certify that the individual(s) executing the foregoing Lease on behalf of Tenant was/were duly authorized to act in his/their capacities as set forth above, and his/their actions(s) are the action of Tenant. (Corporate Seal) Page 14 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE ATTACHMENT A The Knolls of Westlake Duct Bank Construction and Fiber Route Plans Page 15 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE ATTACHMENT B Operations approves of these procedures DUCTBANK ACCESS PROCEDURES Town of Westlake Procedure No.: 5.3 Page: NOC Procedures DRAFT Prepared by: Date: Procedure: Approved: DUCTBANK ACCESS Revision Date: Revision: 3.1.1 SCOPE This procedure defines the means and methods of access the Town's ductbank system. 3.1. 2 RESPONSIBLITIES The Landlord or his designee is responsible for establishing, approving, and managing an organization to operate an access request system and provide escort services during tenant access to the ductbank system 3.1.3 PROCEDURE 3.1.3.1 GENERAL All access to the ductbank system must be granted through the means of an Access Request. Upon granting of access to a point in the ductbank system, an authorized representative of the Town must observe tenant access at all times. In an emergency situation Tenant, after attempting to notify the Landlard or his designee, is permitted to access the ductbank in order to begin emergency repairs without an Access Request. The Landlord or his designee will provide access within one (1)hour of notification by Tenant of the emergency condition. 3.1.32 AUTHORIZED ACCESS LIST The Landlord or his designee is responsible for maintaining an Authorized Access List for Tenants and Tenant's subcontractors including emergency contact phone numbers, pager numbers, etc. The Tenant is responsible for providing up to date information,revisions, and corrections to the Landlard or his designee. Page 16 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE 3.1.3.2. ACCESS REQUEST Except in an emergency situation, an access request form must be filled out and submitted to the Landlord or his designee prior to accessing the ductbank system. The access request form shall include the following: 1. Name and Company of requestor. 2. Name of Company representing if requestor is a subcontractor. 3. Authorizing contact for Tenant. 4. Date and time of request. 5. Date and Time access is needed. 6. Reason for access. 7. Traffic control plan where access points are in or near roadways. 8. Where there is Restricted Entry, a safety and emergency plan shall be included. See Exhibit 3.1.3.-1 - Access Request Form In an emergency situation only, Tenant shall call the Town of Westlake at (817) 680-1422. This number may be changed as appropriate by written notice to Tenant. 3.1.2.2. APPROVAL Once an access request is received by the Landlord or his designee, the Landlord or his designee shall verify the validity of the access request. This shall only include verifying the requestor against the Authorized Access List. If the requestor is on the authorized list, the requestor shall be granted access. If the requestor is not on the authorized Access List, Landlord or his designee shall contact the Tenant's representative for written authorization priar to granting access. In the event of an emergency, if notice by Tenant is practical under the circumstances, the Landlord or his designee may grant access to non-authorized personnel upon verbal authorization of the Tenant's emergency contact. The Landlord or his designee shall provide access within two (2)hours during normal business hours (8am— 5 pm Monday-Friday, excluding published Landlord holidays) and within one (1) hour during emergency restoration requirements. 3.1. 3.4 ESCORT The Tenant's representative performing work shall be escorted at all times by an authorized representative of the Town. The Town representative shall be responsible for witnessing that the persons requiring access work on only the proper media at the access point. The Escort may not in any way inhibit the Tenant's employee(s) or contractor(s) from performing work. 3.1.3.5 RESTRICTED ENTRY In accordance with State and Federal Occupational and Safety Laws, access to manholes within the system is Page 17 of 18 Proprietary and Confidential Resolution 21-XX EXCLUSIVE CONDUIT LEASE considered Restricted Entry. As such, Tenant's representatives shall follow all State and Federal requirements for Restricted Entry. The granting of access by the Town also grants restricted access. However, the Town does not assume responsibility or liability for Tenant's representatives' health and welfare. Job safety is the responsibility of the Tenant's representative's health and welfare. Job safety is the responsibility of the Tenant's representative. Landlord shall be responsible for maintaining the ductbank in a safe condition as well as providing a clean and safe work area within the ductbank. Town personnel are authorized to enter manholes. Town personnel will monitor work in manholes from the surface. Town personnel are prohibited from performing any maintenance, repair, or other activity to, or affecting, the Tenant's facilities within the ductbank. 3.1.3.6 WORK ON CABLES The Town's representative shall log all personnel involved, start time, end time and any other information that may be deemed necessary. 3.1.4 EXHIBITS 3.1.3.-1 Access Request Form 3.1.3.-2 Ductbank Access Observation Form Page 18 of 18 Proprietary and Confidential Resolution 21-XX � � � � - ABBREVIATIONS J J m � � U.E. UTILITY EASEMENT o 0 s D.E. DRAINAGE EASEMENT � � Q N „ o < o0 � \ � �� —� � W.L.E. WATERLINE EASEMENT o 0 � \ �� STA: �+OO.00 LINE DB—A _ � � S.S.E. SANITARYSEWEREASEMENT z o � � � DUCT BANK PULL BOX � z i W � � �� N: 7043369.1931 0 � � � E: 2374163.7651 � o � � � � � o 0 S oPEN � � `� � ° DUCT BANK LEGEND � ° SPACE � V � � � � � �� w � � LOT "IX � � � � � � � � � PROPERTY LINE ¢ � Z ° � � � � � 0 � I CONNECT TO EXISTING a o O 0 40' 80' � � � � � ' DUCT BANK — — — — PROPOSED DUCT BANK LOCATION � � N I Z � \ 1 GRAPHIC SCALE 40' \ \�� / \� � � DUCT BANK HAND HOLE& � z � � � � � � � � � SERVICE LINES w U � D � � / � � � �� DUCT BANK PULL BOX O � � � �� U w � � �/ / �� Y � �' � � �/ �' �� SECONDARY PEDESTALS z z � � / � �� m m � � / � � � �� TRANSFORMERS U v � � � i � - - � � � � � � � — � — — _ � � 2 / / �� — - o � / / � � �� Z a � � � � � � � � � � � � � � � � NOTES: � � % —��, � � ; � , � � � � � r - - - � � � , � � � � � � ` 1. THE LOCATION OF THE ELECTRIC FRANCHISE UTILITIES o � � � 8"SSWR �� L — — — — — \ � � \ � � \ � ` SHOWN ON THIS SHEET ARE APPROXIMATE. FOR FINAL � i � � � \ � ' — _ _ FRANCHISE DESIGN PLEASE REFER TO FINAL ELECTRIC �'`� T P ' � / �� \ \ � �� \ _ _ — — _ _ LAYOUTS PROVIDED BY TRI-COUNTY&ATMOS. � � � ap � � �� - - - _ _ Z r I� N Y I � / / \� � � — — � � _ 2. REFER TO G59 FOR DUCT BANK DETAILS. 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THIS DRAWING IS NOT GUARANTEED Y � �� ' / TO BE "AS BUILT" BUT IS BASED ON THE Q � � � �� I I /� / /� � 14 INFORMATION MADE AVAILABLE. � � � P I I � � � � ' �/ 13 DATE: 05/01/2020 BY: LORI E. 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N PHONE#: g]22O73OZ7 PRINT 2 OF 15 AT&T Proprietary(Internal Use Only.)Not for use or disclosure outside of AT&T companies except under written agreement. II (i7(�0T5) sS[ 47S' AT&T ENGINEER SsQzMT-�a¢ Tvnja Van Vleck (t�8572) PQN21A4GT�1-12A CELL:472-267-3027 A,121-144 EMAIL:t�$572�ATT,COM � �){ze�sJ ssc a�s' SBQ2MT-048 PDN2k9GGT,iRS-186 � � A,37-48 � � ' �:�{29187 84S[ 80e' f°�� TQ PRINT 4 I seqzr�t-��2 `�re P4H21@4GT�121-1$@ � A,61-72 - CQ!{zeis} gs� a�es• 9 �� d s f 56�2h17-872 �, p 21@4GT EM5 P4H2164GT,7lsi-19z 3 � d � fi1 IiN-3@xfi07[3fi (201fi] 4C A,13-72 � _ axex0 = a ti ;5a 25 :� �[�{zer�} sas� e� _. 5BQ2Mr-�4s �� :sa : se -- I Gl06],�,175-17B va A,5-48 Z {,�--- r��l � i�58�, gg•. 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N PHONE#: g]22O73OZ7 PRINT 9 OF 15 AT&T Proprietary(Internal Use Only.)Not for use or disclosure outside of AT&T companies except under written agreement. O1 (PPA) SSC 9' SBQ2MT-144 , 3, pRINT 5 PON2104GT,193-2 '- - n,9�-iaa d514 ti5ti$ �463' INNERDUCTI-2" (2020) 8645C O 62' INNERDUCTI-2" (2020) 8645C �70' INNERDUCTI-2" (2020) 8645C o �90' INNERDUCTI-2" (2020) 8645C Y�o asc N y-�N s IF=4.062K.F. 6 (P P A) $S C 2 S� 1�8yC O�Q�N 65PLICEFIBERNEWSTRANDEO SBQ1M6-906 5B�iM6-006 � ��p C~r, BSC P,.':"t104G1,�::-'-4�+ �siNnTFRin�on�ir i �n p � �SSVAONIY-PIAGFITFMIN � � �ti2 0 QB / � `Y(== 6TESTINGFIBERFACILITIES � 40' 1.25" INNERDUCT (2020) 8645C ��,, `�m y� ry � , .._ asc �1� � �� 8 (PPA) 85C 157' Oz � I 4`'� �,16 S U. 5B 1M6-006 seRiMs-ooe Q esC IF=3.905K.F. � g �0tipy , f. 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N PHONE#: g]22O73OZ7 PRINT 15oF 15 AT&T Proprietary(Internal Use Only.)Not for use or disclosure outside of AT&T companies except under written agreement. r x e r o w H o r WESTLAKE �isiiNcriv[ er ursicN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, December 13, 2021 TOPIC: Consider a Resolution approving, authorizing the addition of Juneteenth as an officially recognized holiday, and its inclusion in the Town of Westlake Personnel Manual. STAFF: Sandy Garza, Director of Human Resources STRATEGIC ALIGNMENT i i � . � . . , ; � • � i � � Exemplary Service&Governance Attract,Recruit, Family Friendly& Municipal& -We set the standard by delivering Retain&Develop the Welcoming Academic Operations unparalleled municipal and Highest Quality educational services at the lowest Workforce cost. SUMMARY Juneteenth (June 19th) was recently approved as a federal holiday, and governmental entities around the country continue to add this as a holiday to observe and honor this a pivotal day in our nation's history commemorating the end of slavery. The Town of Westlake currently observes eleven (11) official holidays. During observance of these holidays, Town offices are closed. In the event that an approved holiday falls on a weekend, the holiday is observed on the preceding Friday or the following Monday. Emergency services are unaffected by observed holidays, as Fire/EMS employees utilize a floating holiday bank to accommodate the nature of their work schedules. This additional holiday would have no effect on the response or availability of emergency services, nor would it affect the ability of Town employees to respond to urgencies if required. It is estimated the cost of implementing the holiday would be $9,712.75 for fire/EMS personnel. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution • Reject the proposed Resolution Page 1 of 2 STAFF RECOMMENDATION Staff recommends approval of the Resolution for the addition of Juneteenth (June 19th) as an officially recognized Town holiday. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $9,712.75 Funding Source: General Fund Contract: No Forms: N/A Service Levels: The proposed Resolution would result in Westlake Town Hall being closed for one (1) additional day, and will not affect emergency or utility services. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Town of Westlake: The proposed Resolution is not anticipated to significantly impact the Town of Westlake's budget. Comprehensive Plan: The proposed Resolution does not impact the Comprehensive Plan. Cost Recovery Analysis: The proposed Resolution is not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Resolution does not have an impact on traffic. ATTACHMENTS Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION 21-48 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE OF THE TOWN OF WESTLAKE, APPROVING THE ADDITION OF JUNETEENTH AS AN OFFICIALLY RECOGNIZED HOLIDAY, AND ITS INCLUSION IN THE TOWN OF WESTLAKE PERSONNEL MANUAL WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding municipalities and WHEREAS,the Town of Westlake recognizes that Juneteenth(June 19th)commemorating the end of slavery, has been adopted as a federal holiday, and observance of this day is merited as an important day in the history of all people in the United States; WHEREAS, the Town Council finds it is necessary for the Town of Westlake Personnel Manual to include the new holiday; and WHEREAS, the Town of Westlake recognizes that responses for emergency services and urgent service requests within our community will be unaffected by the addition of this holiday; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1: That, the Town Council of the Town of Westlake hereby approves the addition of Juneteenth as an official Town holiday. SECTION 2: 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 3: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER, 2021. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-48 Page 1 of 1 r x e r o w H o r WESTLAKE �isiiNcriv[ er ursicN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, December 13, 2021 TOPIC: Consider a Resolution Appointing and a Board Member to the Westlake Academy Foundation. STAFF: Todd Wood, Town Secretary STRATEGIC ALIGNMENT � � � . , . . , : ' • 1 � 1 � Exemplary Service&Governance Informed&Engaged -We set the standard by delivering Optimize Planning& Municipal& Citizens/Sense of Academic Operations unparalleled municipal and Development Community educational services at the lowest Capabilities cost. SUMMARY The Westlake Academy Foundation currently has one (1) vacant Board position, and a new applicant has filed an application to serve on the Board of Directors. Upon approval,this applicant will assume a vacant unexpired term to ensure that these terms remain evenly staggered. This positon will exprire in 2023. COUNCIL ACTION/OPTIONS • Approve the proposed Resolution • Reject the proposed Resolution STAFF RECOMMENDATION Staff recommends approval of the Resolution. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels: N/A Page 1 of 2 DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Town of Westlake: The proposed Resolution will not impact the Town of Westlake's budget. Comprehensive Plan: The proposed Resolution does not impact the Comprehensive Plan. Cost Recovery Analysis: The proposed Resolution is not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Resolution does not have an impact on traffic. ATTACHMENTS Candidate Application Resolution Page 2 of 2 _�� APPLICATI��V FUR APP�INTIV�ENT �.. �; � Thi��pp�ieation and its cantrnts rr c PuWit Record i ` � T�wn of W�stlake•3 ViUage Circ{e, 5ui#e 2Q2`Westlake Tx 762�i2 �~��`� Te;: ($1T}430-0941 • Fax ($17}i30•1$12 rnvw.in�eslrake-1x orp E+na�.to++mha��westlake-#.org ' + • � . • • � � . � � � Eeanami[da+eeloprnent Carpar�4on � Histoncel Preserva4an Society � Plannfnq ar�G 2ona+9 Gomrnissirn � Tesas 5ludenl FiouainQAu�ty �� raa GNy USA Adv�ary Cammltlea � Pu�lic Art Souety a14Ve6llaks Weadake Academy Fnundatian Board � Olhw: • � � • t AppicanYs Name �l�`��er— arc. +1W«65. 1�'T ^! !h ON ��11rr+ Cily.SSHta.2ip: �tS'�1es-�c � ('LG7r Hvw Lonp Have Yau L'nred At Th�s Addreas? Fmei Address: �+r+��+�l a rr. �,,tn.Gc�.... Hana Phana N BI Z ��Sl. �.IG�' F�M: LtilarkPhaneN� �I�. �$f. �l�-� Ca9�F: ��. �}_�r 4ccupalbn, ncalO�s s held: [1r�td�rLY«r /} I� Gt1r� �c-� �� }� �d!SL+1cS S��rn,.� ��rusJ E1 s . � � �, �'l'. { -in,i..�e.. . [. ' Lrl k. s.Gt !`�SG�/rd. �1.z�w.��. W hy da you vrdn!!��rve an ihis y�mil� S � + t — � 2 � .SG� - H $� 0o yo�,r,�a e�y pollicel wnllicts af hlerent7 _ �f�� Oo yue have any r�iqSed expaMan�e7 �� s� - [ { �r�• , 1�}�'i �� -+ W�. VYhat do yvu fe�you heve Sff oH��lhi4 f,qm I{laa7 r'-�� ; ! Q s ' „ r �e�s .S �� ` GE5�r�` + 1 L rr�'c� � �n+v� !^�e._a►^c s. . 5iy�ature o[App�Cant .__ - i „� galad �� • � Recarvet}�y ❑ale +S{ii3:J�[r�y..tnli�l'A1'iY1f�' - ��w�� TOWN OF WESTLAKE RESOLUTION NO. 21-49 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE ACDEMY FOUNDATION BOARD OF DIRECTORS. WHEREAS, the Town Council conducts annual board appointments and reappointments as necessary to fill vacancies; and, WHEREAS, the Town Council conducts board appointments and as necessary to fill vacancies should a vacancy exist between existing terms; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 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; and, SECTION 2: That the following individual is hereby appointed Westlake Academy Foundation; and, SECTION 3: As a result of the appointment heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Heather Kilgore June 2023 SECTION 4: If any portion of this resolution shall, for any reason,be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. Resolution 21-49 Page 1 of 2 PASSED AND APPROVED ON THIS 13t" DAY OF DECEMBER, 2021. ATTEST: Laura L. Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 21-49 Page 2 of 2 ��,-.��°'�►-�� . � �� BOARD OF TRUSTEES AGENDA ITEM Regular Meeting - Consent Item Monday, December 13, 2021 TOPIC: Consider approval of a Resolution Approving Updates to Special Education Evaluation Procedures STAFF: Dr. Mechelle Bryson, Executive Director STRA� �1ENT � � ' • � • i i � • � � Academic Excellence Academic PyP �MyP� DP Optimize Student Operations Potential SUMMARY Westlake Academy prides itself on serving the needs of all learners. Part of ineeting the needs of our special education students is ensuring that all of our policies and procedures align with the most recent legislation. During the 2020 school closure due to COVID-19, the Academy failed to meet the evaluation deadlines for one student. At the request of the parent, the Academy delayed the completion of the evaluation to the 2020-2021 school year. The TEA found fault with the manner in which the Academy documented the parents request and found the Academy out of compliance with evaluation deadlines for one student. As a result, the TEA has identified a need for the Academy to add additional evaluation procedures to our Westlake Academy Special Education published procedures. In response to the TEA, the Academy is adding the following to our evaluation procedures: • If all efforts to evaluate the student in person has been exhausted, the evaluation team will offer the parent the following options: Page 1 of 2 o The evaluation team will complete the evaluation virtually within the timelines set forth by TEA; or o The team will review the consent process with the parents reminding the parents of their right to revoke consent to evaluate thereby allowing the timeline to stop. Once the evaluation can be done in person, the parents would request an evaluation. If the parent chooses to revoke consent, it would need to be done in writing. • If at any point a member of the evaluation team cannot complete the evaluation due to unforeseen illness/tragedy within their own family, Westlake Academy will contract out the duties of the missing team member by hiring a professional with comparable qualifications to the member being replaced. These operating procedure updates are designed to assist the Academy in meeting the TEA requirements and need board approval. COUNCIL ACTION/OPTIONS Board of Trustee action options are to approve or deny approval of the updated Special Education Evaluation Procedures. STAFF RECOMMENDATION The Academy is seeking adoption of the updated Special Education Evaluation Procedures. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms: N/A Service Levels: The proposed operational update does not increase service levels. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The proposed operation update is not anticipated to have a significant impact. Comprehensive Plan: The proposed operation update does not impact the Comprehensive Plan. Cost Recovery Analysis: The proposed operation update is not considered through the Cost Recovery Tool. Traffic Impact: The proposed operation update does not impact traffic. ATTACHMENTS Resolution and Special Education Procedures Page 2 of 2 WESTLAKE ACADEMY RESOLUTION 21-28 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING UPDATES TO THE SPECIAL EDUCATION EVALUATION PROCEDURES. WHEREAS, Westlake Academy is obligated to create procedures in alignment with State and Federal mandates; and, WHEREAS, Westlake Academy is required to create and publish procedure guidelines to ensure that the Academy's Special Education program meets the needs of students; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION L• That, all matters stated in the recitals hereinabove are found to be true and correct and are incorparated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees of Westlake Academy, hereby approves the proposed updates to the Academy's Special Education Evaluation procedures attached to this resolution 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. WA Resolution 21-28 Page 1 of 8 PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 2021. Laura Wheat, President ATTEST: Todd Wood, Board Secretary Amanda DeGan, Superintendent APPROVED AS TO FORM: Janet S. Bubert or L. Stanton Lowry, School Attorney WA Resolution 21-28 Page 2 of 8 Legal Framework: EVALUATION PROCEDURES Broad Category: EVALUATION Westlake Academy is required to develop and implement policies,procedures and practices related to the provision of special education services to eligible students. Operating guidelines are the written guidelines developed locally which outline the implementation of these practices. Furthermore, according to the requirements of IDEA(34 CFR 300.646(b) (1)),the State Education Agency must provide for review and, if appropriate,revision of the policies,procedures and practices related to seroing students with disabilities. This process is conducted through the Special Education Monitoring unit of the Division of Program Monitoring and Interventions at the Texas Education Agency. To assist in meeting the above requirement,the following Operating Guidelines document was directly aligned to the Legal Framework for the Child-Centered Special Education Process hosted at https://framcworl<.cscl 8.nct Each section provides the legal requirements for the identified area. Evaluation Procedures Authorities: 20 U.S.C. �'1414; 34 C.F.R. Part 300; Texas Education Code; 19 TAC Chapter 89 Federal and State Requirements Westlake Academy must comply with the Review of Existing Evaluation Data section,Prior Written Notice section, and the Consent section. Group of Qualified Professionals The group that collects or reviews evaluation data must include,but is not limited to the following members: • A licensed specialist in school psychology; • An educational diagnostician; • Other appropriately certified or licensed practitioner with experience and training in the area of the disability; or • A licensed or certified professional for a specific eligibility category as specified in the applicable specific eligibility category framewark(s) of Full and Individual Evaluation. In Texas,the group of qualified professionals that detertnines whether the child is a child with a disability and the educational needs of the child is the child's ADMISSION,REVIEW,AND DISMISSAL COMMITTEE. Evaluation Procedures In conducting the evaluation,Westlake Academy must use a variery of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent that may assist in determining: • Whether the child is a child with a disability; and • The content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children,to participate in appropriate activities. In conducting the evaluation,Westlake Academy must: WA Resolution 21-28 Page 3 of 8 • Not use any single measure or assessment as the sole criterion for determining whether the child is a child with a disability or determining an appropriate educational program for the child; and • Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. Westlake Academy must ensure that: • Assessments and other evaluation materials used to assess a child under this framewark: o Are selected and administered so as not to be discriminatory on a racial, cultural or sexual basis; o Are provided and administered: ■ In the child's native language or other mode of communication; and ■ In the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally,unless it is not feasible to so provide or administer; • Are used for the purposes for which the assessments ar measures are valid and reliable; • Are administered by trained and knowledgeable personnel; and • Are administered in accordance with any instructions provided by the producer of such assessments; Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient; Assessments and instruments are selected and administered so as to best ensure that the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure,rather than reflecting the child's impaired sensory,manual, or speaking skills(unless those are the skills the test purports to measure); The child is assessed in a11 areas of suspected disability, including, if appropriate,health, vision,hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; For a child with limited English proficiency,the LEA uses assessment procedures that differentiates between language proficiency and disability; The evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs,whether or not commonly linked to the disability category in which the child has been classified; and Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child must be provided. Initial Evaluations Westlake Academy must conduct an initial Full and Individual Evaluation before the initial provision of special education and related services is provided to a child with a disability. The initial evaluation must consist of procedures to determine: • Whether a child is a child with a disability; and • The educational needs of such child. The initial evaluation must be conducted and the evaluation report completed within 45 school days of receiving parental consent for the evaluation,unless: • If a student has been absent three ar more days,the timeframe will be extended by the number of school days equal to the number days the student has been absent since receiving the signed consent. A student is considered absent if they are absent at the school's official attendance taking time for PEIMS. WA Resolution 21-28 Page 4 of 8 • For students currently enrolled in Westlake Academy, if signed consent is received at least 35 school days but less than 45 school days before the last instructional day of the school year,the evaluation will be completed and the written report provided to the parent by June 30. • The child transfers from one LEA to another when an evaluation is pending and Westlake Academy complies with the Transfer Students section. • School day does not include a day that fa11s after the last instructional day of the spring semester and before the first instructional day of the subsequent fall semester • The child is considered absent for the school day if the child is not in attendance at the school's official attendance taking time or the alternate attendance taking time set for that child • The child is considered in attendance if the child is off campus participating in an activity that is approved by the school board and is under the direction of a professional staff inember of Westlake Academy or an adjunct staff inember who has a minimum of a bachelor's degree and is eligible for participation in the Teacher Retirement System of Texas. • If the student is participating in remote instruction, every effort will be made to conduct the evaluation in person,with proper health and safety protocols in place. • If all efforts to evaluate the student in person has been exhausted, the evaluation team will offer the parent the following options: • The evaluation team will complete the evaluation virtually within the timelines set forth by TEA; or • The team will review the consent process with the parents reminding the parents of their right to revoke consent to evaluate thereby allowing the timeline to stop. Once the evaluation can be done in person, the parents would request an evaluation. If the parent chooses to revoke consent, it would need to be done in writing. • If at any point a member of the evaluation team cannot complete the evaluation due to unforeseen illness/tragedy within their own family, Westlake Academy will contract out the duties of the missing team member by hiring a professional with comparable qualifications to the member being replaced. Reevaluations Westlake Academy must ensure that a reevaluation of each child with a disability is conducted: • If Westlake Academy determines the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or • If a reevaluation is requested by the child's parents or teacher; and • Before determining that the child is no longer a child with a disability. A reevaluation is not required(but a Summary of Performance is required)before the termination of a child's eligibility due to: • Graduation from secondary school with a regular diploma, or • Exceeding the age eligibility for a FAPE under state law. A reevaluation must occur: • Not more frequently than once a year, unless the parent and Westlake Academy agree otherwise; and • At least once every 3 years,unless the ARD committee determines through a REED that further evaluation is not needed. An evaluation must be included as part of the Summary of Performance for a child graduating under certain conditions. An evaluation is not required before the termination of the child's eligibility due to exceeding the age for a free appropriate public education under state law. WA Resolution 21-28 Page 5 of 8 The scope of a reevaluation for the child with a visual impairment must be determined by a multidisciplinary team that includes a certified orientation and mobility specialist. LEA S�ecific Information: Prior to the initial provision of services,the district must conduct a full and individual evaluation to determine whether the student has a disability and the educational needs of the student. The initial provision of seroices is defined as the first time a student is determined eligible for special education and the parent gives consent for services. For students dismissed from special education or whose parents revoked consent for special education services, any future evaluation will be considered an initial evaluation. Services provided on the basis of the new evaluation will also be considered the initial provision of services. Students will be evaluated using a variety of assessment tools and strategies to gather relevant functional, academic, and developmental information,including information provided by the parents,that may assist in determining if the student meets eligibility criteria as a child with a disability and demonstrates a need for special education. The student will be assessed in all areas related to suspected disability including: • Health, vision, hearing, and motor abilities • Language dominance and communicative status • Sociological and emotional status • Academic performance • General intelligence The scope of the evaluation must be"sufficiently comprehensive to identify" all of the child's special education and related services needs,whether or not they are commonly linked to the disability category in which the child has been classified. Evaluations will be conducted in all areas of suspected disability and need. This will support the development of an appropriate IEP based on the child's individual needs. Prior to evaluation,parents must be provided with a Notice of Proposal to Evaluate and informed consent must be obtained in writing. If the evaluation determines a need for additional evaluation that was not noted at the time parental consent was obtained(i.e a need for a speech evaluation was determined),new Notice and Consent must be obtained for this additional evaluation. Essential Elements of the FIE • Reason for Referral/Reevaluation • Sources of Data(formal and informal) • Language • Health/Motor Abilities • Sociological • Emotional/Behavioral • Intelligence/Adaptive Behavior • Academics • Assistive Technology WA Resolution 21-28 Page 6 of 8 • Summary and Recommendations • Eligibility Reports(s) • Signatures This information will be included to ensure a thorough FIE Determination. Signatures from evaluators who contributed to the Determination will be included on the Determination FIE. Appropriate signatures for Eligibility Reports are required(i.e. SLP signs SI Disability Report, LSSP signs ED Disability Report, etc). Signatures are to be original signatures or electronically signed. TIMELINES: • Initial evaluations must comply with guidelines that include completion of the FIE within 45 school days and ARD within 30 days. • Reevaluations should be reviewed at ARD within 30 days of the requested due date. ARDs will NOT convene without completed FIE. If a student does not meet eligibility requirements for special education based on results of the FIE, there should be consideration for any student struggle that originally warranted a referral to special education. Provide information to 504 and/or RtUMTSS committees to help develop plans to support student needs. When an outside evaluation is presented to the LEA the evaluation teams will review and consider the evaluation data and recommendations. When conducting an evaluation when the home language is other than English,Evaluation staff will consult with the Bilingual Diagnostician and determine if a bilingual evaluation is warranted. Westlake Academy offers a comprehensive system of"Child Find"in which all individuals born through 21 who may or may not be in school and who fall within our jurisdiction,regardless of the severity of the disability,will be located,identified, and evaluated. Efforts include contact with private,parochial and home schools (if applicable); and public awareness activities. When a parent or teacher makes a request for a student to be referred for an evaluation,the following steps will be taken. Parent Request for evaluation: • Parent request for an evaluation may be in writing either via email or a written note or a verbal request. The request will be submitted to the diagnostician, speech language pathologist, special education coordinator, or campus administrator. o The timeline for providing Prior Written Notice begins on the date the written request is received. • Diagnosticians, and speech pathologists receiving a parent request must submit the request to the campus administrator immediately upon receipt. • Campus administrators must immediately email appropriate personnel to notify of pending referral. Teacher Request: WA Resolution 21-28 Page 7 of 8 • Teachers requesting an evaluation should first schedule a meeting with the Special Education Coordinator, RTI team, diagnostician and/or speech pathologist, and teacher to discuss concerns. Documentation& Timelines: • The referral documentation packet will be completed in its entirety and submitted to the diagnostician • All referrals will be analyzed, approved and evaluated within legal framework guidelines. o Parents must be provided the Prior Written Notice and Consent for Evaluation within 15 school days of the original request. o Date of consent begins the timeline. ■ Evaluation must be completed within 45 school days. ■ ARD must be conducted within 30 calendar days of the completion of the FIE. ■ Refer to the Parent's Guide to Admission, Review, and Dismissal Process for guidelines and exceptions. REED • When a review of an existing evaluation(REED) is conducted prior to completing an evaluation, all members of the evaluation team will input data regarding past evaluations. This will guide the components of the next evaluation or will justify why no new evaluation is required. When no new evaluation is requested and parents do not request the evaluation,the REED becomes the new FIE date. New eligibility reports are required. • A REED should not be conducted a year or more prior to the new evaluation. Three months prior to the reevaluation due date is advised. Summary of Performance • The Transition Specialist completes the Summary of Performance with the student prior to when the student graduates with a diploma or no longer meets the age eligibility requirement. STAFF RESPONSIBLE: Campus Level: Special Education Coordinator,Diagnostician, LSSP, Speech Language Pathologist, evaluation team TIMELINES FOR EVALUATION ACTIVITIES: • Annual training on compliance with evaluation timelines; EVIDENCE OF PRACTICE: • Forms and checklists used in the evaluation process; • Training artifacts (presentation hand-outs, sign-in sheets, etc.); • Submission of SPP ll and 12 data in TEAL; • List of qualified personnel with required licenses and certifications to administer evaluations; • Reports for compliance; and • Data tracker from software programs. WA Resolution 21-28 Page 8 of 8 r x e r o w H o r WESTLAKE �isiiNcriv[ er ursicN TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, December 13, 2021 TOPIC: Consider approval of a resolution approving the Design Guidelines for Aspen Ranch STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT i i � . � . . , ; � • � i � � High Quality Planning,Design& Development-We are a desirable Planned/Responsible Citizen, Student& Preserve Desirability Development Stakeholder Well planned,high-quality &Quality of Life community that is distinguished by exemplary design standards. SUMMARY This item includes the approval of the Design Guidelines for the Aspen Ranch development. Approval of this item satisfies the following requirements as previously approved by the Town Council: • The PD7 zoning ordinance - Ordinance 928, Exhibit A, Section 2(F) • The Aspen Ranch zoning ordinance—Ordinance 939, Section 2(F) COUNCIL ACTION/OPTIONS • Approve the proposed Resolution; • Deny the proposed Resolution; • Table the item. STAFF RECOMMENDATION The proposed design guidelines meet the requirements of Ordinances 928 and 939 and are in compliance with the Westlake Building Quality Manual approved by Resolution 18-08. Staff recommends approval. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Page 1 of 2 Contract: No Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: The design guidelines comply with the Building Quality Manual. Traffic Impact: N/A ATTACHMENTS 1. Proposed Resolution including design guidelines Page 2 of 2