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HomeMy WebLinkAbout8-29-22 TC BOT Agenda Packet TOWN COUNCIL AGENDA TOWN COUNCIL & WESTLAKEACADEMY 1500SOLANABLVD,BUILDING7,SUITE7100,COUNCILCHAMBER WESTLAKE, TX 76262 August 29, 2022 2:30 P.M. CLOSED EXECUTIVE SESSION 4:00 P.M. WORK SESSION 5:00 P.M. REGULAR MEETING The Town Council of the Town of Westlake serves as the governing Board for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. The open portion of the meeting will begin at 4:00 p.m. for Work Session and 5:00 p.m. for Regular Session on August 29, 2022. In an effort of transparency, this meeting will be viewable to the public via Live Stream and also available for viewing after the meeting. In an effort of meeting efficiency, any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. CLOSED EXECUTIVE SESSION (2:30 P.M.) 1. Call to order and announce closed session items. 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) – Consultation with Attorney – 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 – 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: - Fire Department Operations WORK SESSION – Call to Order (4 P.M.) 3. RECONVENE WORK SESSION MEETING TO DISCUSS: 4. COUNCIL RECAP / STAFF DIRECTION TC/BOTAgenda–08/29/2022 Page 1 of 4 REGULAR MEETING–Call to Order(5 P.M.) 5.PLEDGEOFALLEGIANCE 6. PRE-COUNCIL WORKSHOP: a. Discussion of Fiscal Year 22-23 Budget b. Review of items on 8/29/22 Agenda 7. CEREMONIAL ITEM(S) Mayoral recognition of former Westlake Mayor Scott Bradley Presentation of 2022 Resident Survey Award 8. CITIZEN/PARENT 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. Any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. (Best practice is to submit the speaker form prior to the start of the meeting.) If your questions are satisfied, you may choose not to speak. 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. 9. 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. Items of Community Interest 10. 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 approval of the Joint Town Council/Board of Trustees meeting minutes from the following meetings: August 8, 2022 Regular Meeting b. Consider approval of 22-51 for annual Boards and Commission appointments c. Consider approval of Resolution 22-43 for annual Boards and Commission appointments to the Westlake Academy Foundation d. Consider adopting Ordinance No. 949 approving a negotiated settlement between Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex Division regarding the Company’s 2021 Rate Review Filings and approving a settlement agreement with Rate Tariffs and Proof of Revenues and other documents connected to said Rate TC/BOTAgenda–08/29/2022 Page 2 of 4 Proceedings e. Consider approval of Resolution 22-54, authorizing the Town Manager to enter into agreement with Control Specialist Services, LP for the installation of the new pump and motor to replace pump number one at the existing pump station in an amount not to exceed $25,000 f. Consider approval of Resolution 22-55, authorizing the Town Manager to execute a lease with Spectrum Gulf Coast, LLC, Texas, to utilize Town owned telecommunications conduit (duct bank) along Pearson Lane, Aspen Lane and within The Westlake Ranch Development g. Consider approval of Resolution 22-56, approving the Architectural Design Guidelines for Westlake Ranch h. Consider approval of Resolution 22-61 extending paid sick leave in the event of circumstances related to COVID-19 i. Consider approval of Resolution 22-62 amending the reporting structure of the Town Secretary to the Town Council 11. REPORTS: Reports are prepared for informational purposes and will be accepted as (there will be no presentations associated with the report items) There will be no separate presented. discussion unless a Town Council Member requests that report be removed and considered separately PUBLIC HEARING(S) 12. Conduct a public hearing and consider approval of Resolution 22-57 for a final plat of Lot 1, Block 1, Westlake Corners South 13. Conduct a public hearing and consider approval of Resolution 22-58 for a final plat of Westlake Ranch Addition 14. Conduct a public hearing and consider adopting Ordinance 950 for the approval of the revised Town of Westlake Budget for Fiscal year ending September 30, 2023 including an Investment Policy, Pay Plan Policy, Fiscal and Budgetary Policies, Restricted Committed and Assigned Fund Balances and authorizing the Town Manager or Acting Town Manager to approve appropriated funds in an amount not to exceed $50,000 15. Conduct a public hearing and consider approval of Ordinance 951 Levying Municipal Ad Valorem (Property) Taxes for the 2022 Tax Year in accordance with the Fiscal Year 2023 Proposed Budget REGULAR AGENDA ITEM(S) 16. Consider approval of Resolution 22-59 to ratify the property tax increase as reflected in the FY 2023 Annual Operating and Capital Budget 17. Consider approval of Resolution 22-60 authorizing a negotiated amendment to the development agreement with LTF Real Estate Company, Inc. for 1R, Block 3 of Westlake/outhlake Park Addition Phase I and approving the park open space master plan located on Sam School Road TC/BOTAgenda–08/29/2022 Page 3 of 4 WORK SESSION AGENDA ITEMS Westlake Town Council T YPE OF A CTION Workshop - Discussion Item 7¤²³« ª¤ 4®¶­ #®´­¢¨« -¤¤³¨­¦ Monday, August 29, 2022 T OPIC:Discussion of annual Boards and Commissions appointments. S TAFF C ONTACT: Amy M. Piukana, Town Secretary Strategic Alignment Outcome Vision, Value, Mission Perspective Strategic Theme & Results Objective High Quality Planning, Design & Informed & Engaged Development - We are a desirable Municipal & Encourage Westlake's Citizens / Sense of well planned, high-quality Academic Operations Unique Sense of Place Community community that is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date:July 13, 2022 C ompletion Date: August 29, 2022 Funding Amount:0.00 Status- Not Funded Source -N/A E XECUTIVE S UMMARY (I NCLUDING A PPLICABLE O RGANIZATIONAL H ISTORY) At the August 8, 2022 Town CouncilWork Session meeting, the Town Secretary reviewed the Economic Development Corporation, the Planning and Zoning Commission, the Zoning Board of Adjustments and the Texas Student Housing Authority Board. Tonight, the Town Council will appoint members by resolution to fill expired terms. The purpose of today’s Work Session discussion is to review the Westlake Academy Foundation to discuss Board and Commission appointments. A proposed resolution to appoint members is listed under Consent as an action item. Page 1 of 3 Westlake Academy Foundation Description (Overall) In 2003, the Westlake Academy Foundation was created to serve as the fundraising arm of Westlake Academy, a K-12 open-enrollment International Baccalaureate charter school. Its mission is: “To provide financial support for Westlake Academy in its efforts to provide students with an internationally-minded education of the highest quality, so they are well-balanced and respectful life-long learners.” Special Qualifications Required (who we are) Individuals on the Foundation Board of Directors start their service as a WAF committee volunteer. They share their time, energy, resources and expertise serving on one (or several) of these Foundation committees: Investment, Marketing/Communications, Grants, Gallery Night benefit auction, Blacksmith Annual Fund and Westlake Baja benefit concert. From this volunteer corps, directors are recruited who have shown themselves as positive WA ambassadors able to actively assist with fundraising for Westlake Academy. Duties (What we do) The primary purpose of the Foundation is to raise funding for approximately 20% of the school’s annual operating budget. Collectively, Foundation initiatives raise over $1.5 million annually to support school operations; academic programs; teacher recruitment, retention and training; new equipment; upgraded technology; and the endowment. Fundraising efforts include direct mail, in- person/phone solicitation, direct mail and special events. Multi-platform marketing and communication initiatives invite support as well as report impact of donations. Meetings (How Often) The Foundation Board meets the third Thursday of each month, unless school holiday requires alternate date. Committee meetings are called, as needed. Term Length (For how long) 3 Year Terms The Town Council shall discuss reappointments of the following members below: Director Term Expiration – 3 Year Term Deborah Kraska June 2025 Meghan Q. Dorr June 2025 Ahu Primeaux June 2025 Patty Pinsonnault June 2025 Vacant June 2025 Director Term Expiration – 3 Year Term Heather Kilgore June 2024 Sharan Sankaranarayanan – *new applicant June 2024 Hue (Lilly) Jimenez – *new applicant June 2024 Vacant June 2024 Vacant Page 2 of 3 Director Term Expiration – 3 Year Term Sean Shope June 2023 Christine Ross June 2023 Michael Colby June 2023 Rob Fitzgerald June 2023 Tiffany Hernandez June 2023 R ECOMMENDATION Staff recommends approving the proposed Resolution for the Westlake Academy Foundation (WAF) and appoint members to fill expiring terms. This item islisted as action item under the consent agenda. Page 3 of 3 Westlake Fire-EMS Master Plan July 27, 2022 Westlake Fire-EMS Master Plan Table of Contents Executive Summary ................................................................................................................................. 3 Introduction .............................................................................................................................................. 4 Scope of Service ....................................................................................................................................... 5 Department History .................................................................................................................................. 7 Divisions and Staffing .............................................................................................................................. 9 Department Members ............................................................................................................................. 11 Organizational Chart .............................................................................................................................. 15 Values, Vision, Mission ......................................................................................................................... 16 Professional Development ...................................................................................................................... 17 Operating Costs Comparison .................................................................................................................. 22 NETCOM ............................................................................................................................................... 25 NEFDA ................................................................................................................................................... 25 Industry Standards and Other Considerations ........................................................................................ 26 National Institute of Standards and Technology ................................................................................ 27 Other Risk Factors to Consider .......................................................................................................... 27 Comprehensive Plan ........................................................................................................................... 29 Station Needs Assessment ...................................................................................................................... 31 Community Risk Assessment (CRA)/Standards of Cover (SOC) ......................................................... 33 WFD Improvement Goals ...................................................................................................................... 34 Staffing Model ........................................................................................................................................ 35 How many firefighters/paramedics should Westlake have? .............................................................. 35 Staffing Models .................................................................................................................................. 35 Capital Improvement Plan ...................................................................................................................... 39 Needs Assessment .................................................................................................................................. 40 Appendix A ............................................................................................................................................ 41 2 Westlake Fire-EMS Master Plan Executive Summary The Fire Department must, to the best of its ability, prepare for and respond to the most common emergency scenarios, and prepare for the high-risk, low-frequency events. Taking all known community risks into account, the Department is required to provide an all-hazards approach to the planning, preparation, response, and mitigation of emergencies. The Town’s own Community Risk Assessment: Standard of Cover document and recent case studies reveal that the Fire-EMS department has inadequate staffing in the Operations Division and Administration. While fires pose a significant risk, they are not the only considerations in determining proper staffing levels for a community. Emergency medical incidents require a minimum of four personnel to effectively mitigate the incident. Critical medical emergencies (i.e., heart attacks, strokes, breathing difficulties, motor vehicle accidents, etc.) require additional staffing to properly treat the patient, and requires that firefighters from an engine company accompany the ambulance to the emergency department to continue the critical care. Three independent professional consulting services (e.g., Mike Pietch P.E., Robin McCaffery, Emergency Service Consulting International) have identified staffing needs. In 2013, consultant Mike Pietch P.E. concluded that Westlake have in service two (2) engine companies and one (1) ladder truck company deployed from two (2) fire stations. Through the Town’s comprehensive plan, Robin McCaffery identified Westlake will need 27 firefighters at build out, which does not include the driver/engineers, company officers, battalion chiefs, or ambulance staffing. Emergency Service Consulting International (ESCI) identified the need to add Effective Response Force (ERF) Resources to Westlake Fire Department daily operations as part of their 11 Improvement Goals. The Risk Reduction Division is responsible for conducting approximately 80 high risk commercial annual safety inspections, which includes 24 structures that are four or more stories in height. Additionally, three of the commercial campuses within the Town comprise of over 2.5 million square feet of office and mix use space, making safety inspections particularly challenging in terms of complexity and time. Unfortunately, minimally qualified shift personnel are required to be utilized, when possible, on an overtime basis to help conduct inspections due to workload demand of annual safety inspections, new construction activity, and competing challenges in maintaining operational readiness. The lack of expertise needed to ensure proficient examination of these properties lead to increased risks not being mitigated. Further, due to operational demands, the Department depends on the use of operational personnel to perform all the educational activities implemented by the department, which at times, creates inconsistent delivery and results due to varying personnel capabilities. The immediate critical staffing needs are: One (1) Fire Inspector and three (3) Firefighter/Paramedics. This request is to operate current equipment at proper staffing levels as described in all industry standards and best practices. Additional needs are discussed on page 41, Needs Assessment. 3 Westlake Fire-EMS Master Plan Introduction With the growth of the Town, it is necessary to plan the growth of the fire department as well. The Town has retained Professional Services to aid in the planning. The professional services include: 2013 - Mike Pietsch, P.E. Consulting Services, Inc. 2015 - Comprehensive Plan Update, Mesa Planning 2015 - Fire Station Site Validation Study - BRW Architects 2021 - Community Risk Assessment/Standards of Cover, ESCI Planning for emergency services (i.e., fire, emergency medical services, hazardous materials, etc.) protection for the Town of Westlake is an essential strategic step in ensuring that the Town has adequate resources to mitigate emergency incidents today aswell as into the future. The size of firefighting crews has a substantial effect on the fire department’s ability to protect lives and property (NIST, 2010). Economic development is the main driver in which emergency services expand. While Westlake has similarities to other communities, there are also characteristics that are unique to Westlake which make staffing models somewhat challenging, such as the 1:16 ratio of resident population to day-time population, the 6 million square feet of corporate campus mid-rise buildings bringing Westlake to 24 mid-rise structures, which is more than any other city in northeast Tarrant County. Westlake has a traffic count exceeding 120,000 vehicles traveling through each weekday. Homes sized into the 18,000 plus square feet range. All of this is being protected by only 4 Firefighter/Paramedics per day to staff both an ambulance and a fire engine. Is an Effective Response Force (ERF) being achieved? Is only four firefighters per day a safe and effective staffing model? Is this the town's desired staffing model? The Town of Westlake does not have adequate fire and emergency service resources to respond to the current risks much less protect additional development. The growth of the fire department has not caught up to the increased development to adequately meet the risks as illustrated through the Community Risk Assessment (CRA)/Standards of Cover (SOC). 4 Westlake Fire-EMS Master Plan Scope of Service st The 21 Century fire and emergency services provided by fire departments has evolved over the years from a heavy emphasis on fighting structure fires to an All-Hazards approach to providing pre-hospital care, hazardous materials mitigation, traffic accidents, utility related incidents, technical rescue, social service support, and responding to acts of hostile and terrorist events. The public expectation is fire department response to all types of emergencies and requests for service; the health and safety net for communities. The Westlake Fire-EMS Department deployment responsibilities include the following. Fires – Structural and Non-structural Traditional structural firefighting, vehicle fires, wild land fires and rescue related to these events. Emergency Medical Services (EMS) The demand for services continues to increase in the area of pre-hospital care provided by the Westlake Fire-EMS Department. The Department provides a complete package of Emergency Medical Services, mass casualty management, pandemic response, and patient transport. The EMS services provided by the department are delivered at the highest recognized level through Department of State Health Services. Social Services Increasing expectation to serve as the health and safety net by providing social service support to the community. Active Shooter/Hostile Event Response (ASHER) Incidents involving one or more individuals who actively engage in harming, killing, or attempting to kill people in a populated area by means such as firearms, explosives, toxic substances, vehicles, edged weapons, fire, or a combination thereof have transformed the firefighters to deploy alongside law enforcement during these incidents. Terrorist Acts – Chemical, Biological, Radiological, Nuclear, and Explosives Issues arising from the recent rise in global terrorism and civil unrest necessitates that department personnel have the ability to respond to and mitigate acts of terrorism. Hazardous Materials Response Department personnel are trained as Hazardous Material Technicians and participate as part of the Northeast Fire Department Association (NEFDA) Hazardous Materials Response Team. The department continues to expand the capabilities of the hazmat response team to meet the ever- increasing demand for response to chemical, biological, radiological, nuclear, and explosives events. Technical Rescue As a partner in NEFDA, the Technical Rescue Team provides emergency response to incidents such as structural collapse, swift and rapid-rising water, trench rescue, confined space rescue, high angle emergencies, and vehicle extrication. 5 Westlake Fire-EMS Master Plan Behavioral Health Emergencies Unfortunately, there is a growing response to behavioral health emergencies. These incidents vary from extreme anxiety and depression to drug overdoses. Transportation Incidents The Westlake Fire-EMS Department responds to emergencies involving all modes of transportation. Catastrophic Weather Events – Tornados, Storms, Hail, Lightning, Floods & Heat Thunderstorms and the associated flooding and tornadoes pose an immediate danger to the citizens of this community. The Department plays a vital role in protecting life and property from the consequences of weather-related emergencies. Risk Reduction – Inspection, Education, Enforcement, and Code Development Traditional fire prevention activities, such as inspection and enforcement continue to play a prominent role in protecting the community from all potential hazard related losses – life, property, and environment. A greater emphasis on public education and pro-active code development will be sought. Fire Investigation – Arson, Cause/Origin, Intelligence, Prosecution The Department is responsible for fire cause and origin determination. Working jointly with police agencies, the ATF, and the Tarrant County Fire Marshal to bring arsonists to conviction brings to bear an added element of fire prevention. Interaction with other enforcement agencies allows for collective intelligence sharing and enhances safety to our community. Special Events The Department provides planning and response to many special events. The Department provides public safety and education during these special events. Emergency Management Maintaining and implementing an emergency management plan to achieve the five mission areas: prevention, protection, response, recovery, and mitigation. Emergency management strives to create a framework to reduce vulnerabilities to threats and hazards and cope with disasters. 6 Westlake Fire-EMS Master Plan Department History The Fire Department was formed on May 13, 2002, under the name Westlake Fire-Rescue. The fire department was employed with nine (9) full-time Firefighter/Paramedics and a few part-time Firefighter/Paramedics. Each shift would have up to four Firefighter/Paramedics, who staffed one (1) Engine and one (1) Mobile Intensive Care Unit (MICU). At that time, we operated out of the Solana Business Park, now known as The Plaza. A short time later, the department moved to the temporary fire station site at 2900 Dove Rd., which is where we remained for approximately 15 years enduring living conditions in multiple construction trailers and barn style apparatus areas. Around 2005, the department pursued, but never fully formed, the Westlake Department of Public Safety concept. The intent was to employ personnel who could serve at any time, in any one of the primary public safety disciplines including, firefighting, law enforcement, and emergency medical services (EMS). While the concept appeared desirable, it never fully developed for multiple reasons. In 2008-2009, the Department was considered to be outsourced by neighboring fire departments by Town leadership. Bids were received to provide emergency services from their existing stations and not provide permanent presence in the Town of Westlake, which would result in slower response time among other challenges. The decision was reached by Town leaders to keep the fire department, but unfortunately, the department had lost two-thirds of its full-time staff and some of its part-time staff due to the uncertainty of maintaining their job. For an extended period, the department was running on three full-time Firefighter/Paramedics and a small group of part-time Firefighter/Paramedics to support a 24-hour coverage emergency operation. It was time to rebuild! In 2010, the Department changed its name for the final time to Westlake Fire-EMS. Under this name, many of the traditional service deliveries including fire suppression, technical rescue, hazardous material response, EMS, public education and code enforcement have been the primary focus of the organization. After holding multiple titles and serving in the fire chief capacity, Lt. Richard Whitten was eventually named the Fire Chief. Chief Whitten began to lead the transformation of the department by establishing standard operating procedures and filling vacant Firefighter/Paramedic positions to stabilize the organization. In 2013, the department developed a Strategic Plan which served as the focus of its management priorities for years to come. From there, additional professional changes in the department began to deter part-time employee participation; more was being expected of all department members, including part-time employees. The leadership philosophy developed and implemented began to change how the organization would see itself and operate in the future. We were committed to being a values focused and intellectually driven organization using the Leader of Character Development model. The implementation of the Leader of Character Development model helped propel the organization to the next level of service delivery. Every fire department member is taught the values of the department and the demand is simple; Be better - Do better! In 2019, the department moved into the current fire station at 2000 Dove Rd. Occupying this station has enabled the department to operate at a higher professional level due to its modern, but standard internal building features (e.g., station alerting system, audio/visual equipment, training room, Self- 7 Westlake Fire-EMS Master Plan Contained Breathing Apparatus (SCBA) fill station, appropriately sized apparatus bay, etc.). The fire station is strategically situated to support the majority of the incident call volume, which resulted in decreased average response times. In 2020 and 2021, the department was authorized to reclassify one Lieutenant each year to Captain title for fulfilling all the requirements of that position identified in our professional development policy. This step was to help the department move towards the development of a ladder truck company. Further, in 2021, the department was authorized to reclassify three Firefighter/Paramedic positions to Driver/Engineers. These positions are critical in the daily functions of the department, including emergency incidents. They are not only the drivers of very sophisticated fire trucks, but offer significant support to the company officer in all types of activities (i.e., emergency incident scene management, personnel management, training, step-up roles, etc.). In summary, the department is a relatively young organization that has experienced its fair share of challenges in its 20-year life, from operating out commercial office buildings and construction trailers, potentially outsourced, and high employee turnover rate. The department has taken those adversities and transformed into opportunities to Be Better! Over the last 10-12 years is where the organization has made a deliberate effort to focus its professionalism and higher standards related to organizational performance and individual professional development. 8 Westlake Fire-EMS Master Plan Divisions and Staffing Administration The Administrative division of the department is comprised of the positions of the Fire Chief, Deputy Chief/Fire Marshal, and Business Services Manager. Some of the typical responsibilities of the Fire Chief include planning, organizing, and directing for all aspects of the department’s operations. The Fire Chief is also responsible for all aspects of Emergency Management. The Deputy Chief/Fire Marshal is assigned to coordinate the Operations and Risk Reduction divisions of the department. The Business Services Manager is responsible for administration oversight, professional standards, human resources and budgeting within the department. Administration struggles to maintain the high standards and benchmarks similar to larger neighboring departments due to limited staffing. This is compounded when the daily operational needs detract from the ability to focus only on administrative needs. Risk Reduction Division The operating structure of the division is important, but further consideration must be given to specific duties and the establishment of clear performance measures to ensure the division is able to achieve its mission. This division is currently staffed only by the Deputy Chief/Fire Marshal who has dual roles and must rely on suppression staff to assist in the delivery of public education mission activities. The division currently prioritizes annual inspections according to the risk of loss of life. The division also handles building plans review for new construction. Public education programs are in place and are delivered upon request, but are also limited. Risk reduction initiatives can be compromised because the Deputy Chief also holds operational responsibilities, which pose immediate consequences. Fire prevention, inspection, and education duties are an important aspect of any fire department. In departments with limited FTE counts, the duties are often assigned in tandem. These tasks and duties are important as the least destructive fires for a community are the ones that never start. Prevention, inspection, and education programs ensure these benefits are maximized. WFD has maximized the use of the current FTE assigned and should consider the addition of another dedicated Inspector to assist the Fire Marshal with the annual requirements of the division. Emergency Management The Emergency Management Coordinator for the Town is appointed to the Fire Chief by the Mayor. The Emergency Management Division is responsible for planning, preparedness, response, recovery, and mitigation efforts for Westlake. Emergency Management is an essential component of government and responsible for overall public health and safety. Effective Emergency Management relies on the integration of emergency plans within all levels of government and non-government in the community of Westlake. Support Services In every fire department, there exist a number of activities that are outside of the “regular” duties of responding to emergency incidents. These typically involve general maintenance of equipment, such as self-contained breathing apparatus (SCBA), fire hoses, ladders, vehicles, facilities, medical equipment and supplies inventory, air monitoring equipment, etc. In addition to the benefit of maintaining operational readiness, the responsibilities serve as a platform to further develop firefighters’ knowledge, skills, and abilities. These individuals learn project management, time management, and budgeting skills that prepare them for future leadership roles. 9 Westlake Fire-EMS Master Plan The following figure reviews the administration and support structure of WFD. WFD Administrative and Support Staffing Number of Hours Work Position Title Positions Worked/Week Schedule Fire Chief140M–F Deputy Chief 1 40 M–F Business Services Manager1 40 M–F Firefighter/Paramedic– Westlake Academy 1 40 M-F Total Administrative and Support Staff FTEs 4 - - Emergency Operations It takes an adequate and properly trained staff of emergency responders to put the appropriate emergency apparatus and equipment to its best use in mitigating all hazard incidents. Insufficient staffing at an emergency scene decreases the effectiveness of the response and increases the risk of injury to all individuals involved. Tasks to perform at the scene of a fire can be broken down into two key components: life safety and fire flow. Responders base life safety tasks on the number of building occupants and their location, status, and ability to take self-preservation action. Life safety-related tasks involve search, rescue, and evacuation of victims. The fire flow component involves delivering sufficient water to extinguish the fire and create an environment within the building that allows safe entry by firefighters. The number and types of tasks needing simultaneous action will dictate the minimum number of firefighters required to combat different types and magnitudes of fire. In the absence of adequate personnel to perform concurrent action, the commanding officer must prioritize the tasks and complete some in sequential order, rather than concurrently. These tasks include: • Command • Water supply • Scene safety • Pump operation • Search and rescue• Ventilation • Fire attack • Backup/rapid intervention WFD Operations Staffing Summary Position Title Positions Shift Commander/Battalion Chief 0 Company Officer/Captain 2 Company Officer/Lieutenant1 Driver/Engineer3 Firefighter/Paramedic9 Total Operational Staffing 15 (5 per shift) 10 Westlake Fire-EMS Master Plan Department Members Name Position EducationLicenses/Certifications Richard Whitten Fire Chief Associate Degree of Executive Fire Officer (EFO) – Fire Science National Fire Academy Certified Fire Executive (CFE) – Bachelor of Fire Texas Fire Chief’s Academy Science Fire Service-Chief Executive Officer (FS-CEO)– Texas A&M Master of Business Engineering Extension Service Administration Leading, Educating, and Developing (LEAD) – Weldon Cooper School of Public Service Licensed Paramedic Master Structure Firefighter Basic Fire Inspector Master Arson Investigator Fire Instructor III Fire Officer II Driver Operator Haz Mat Tech Head of Department Suppression John Ard Deputy Fire Chief/Fire Associate Degree of Certified Fire Executive (CFE) – Marshal Fire Science Texas Fire Chief’s Academy Fire Service-Chief Executive Bachelor of Fire Officer (FS-CEO) – Texas A&M Administration Engineering Extension Service Leading, Educating, and Master of Public Developing (LEAD) – Weldon Administration Cooper School of Public Service Licensed Paramedic Master Structure Firefighter Master Fire Inspector Master Arson Investigator Master Fire Investigator Fire Instructor II Fire Officer II Driver Operator Haz Mat Tech Incident Safety Officer Basic Peace Officer 11 Westlake Fire-EMS Master Plan Tamara Cole Business Services Bachelor of Business LMSW (Licensed Master Social Manager Management Worker) Master of Social Work Carrie Ferguson Firefighter/Paramedic Associate of Licensed Paramedic – Westlake Academy Emergency Medical Advanced Structure Firefighter Services Fire Instructor I Haz Mat Technician Driver Operator Fire Officer I Chris Groom Captain/ParamedicBachelor of Fire and Licensed Paramedic EMS Administration Advanced Structure Firefighter Fire Instructor III Bachelor of Fire Officer III Kinesiology Driver Operator Haz Mat Tech Currently working on Haz Mat IC Masters Incident Safety Officer Blue Card Tommy Villines Captain/ParamedicBachelor of Licensed Paramedic Emergency Services Advanced Structure Firefighter Administration Fire Instructor III Fire Officer III Associate of Driver Operator Paramedicine Haz Mat Tech Haz Mat IC Incident Safety Officer Incident Commander Daniel Robertson Lieutenant/Paramedic EMT-Paramedic Advanced Structure Firefighter Advanced Fire Inspector Fire Officer II Instructor II Driver Operator Haz Mat Tech Blue Card 12 Westlake Fire-EMS Master Plan Chase Brown Engineer/ParamedicBachelor of Licensed Paramedic Emergency Services Intermediate Structure Administration Firefighter Fire Instructor i Fire Officer I Driver Operator Haz Mat Tech Bachelors Fire/EMS Kyle Lynch Engineer/ParamedicAssociates of Fire Licensed Paramedic Science Intermediate Structure Firefighter Currently working on Fire Instructor I Bachelors Fire Officer I Driver Operator Haz Mat Tech Travis Livingston Engineer/ParamedicBachelor of Business Licensed Paramedic Administration Advanced Structure Firefighter Fire Instructor III Fire Officer III Driver Operator Haz Mat Tech Driver Operator Driver Operator/Aerial Jeremy Arrington Firefighter/Paramedic Currently working on EMT-Paramedic Bachelors Basic Structure Firefighter Driver Operator Cameron Burge Firefighter/EMT Bachelor of Biology EMT-Basic Basic Structure Firefighter Nicole Duncan Firefighter/Paramedic Currently working on EMT-Paramedic Bachelors Basic Structure Firefighter Driver Operator 13 Westlake Fire-EMS Master Plan Matthew McAdoo Firefighter/Paramedic Bachelor of Licensed Paramedic Kinesiology Basic Structure Firefighter Diver Operator Victor Mesa Firefighter/Paramedic EMT-Paramedic Advanced Structure Firefighter Instructor II Haz Mat Tech Driver Operator Basic Fire Inspector Jacob Moorman Firefighter/Paramedic Bachelor of Business Licensed Paramedic Basic Structure Firefighter Blake Neal Firefighter/Paramedic Bachelor of Wildlife Licensed Paramedic Conservation Sciences Basic Structure Firefighter Driver Operator Marc Pare Firefighter/Paramedic Degree in EMT-Paramedic Woodworking Basic Structure Firefighter Technology Haz Mat Tech Jake Pickering Firefighter/EMT Bachelor of Criminal EMT-Basic Justice Basic Structure Firefighter 14 Westlake Fire-EMS Master Plan Organizational Chart Town Manager Deputy Town Manager Fire Chief/EMC Risk Reduction Business Services FF/Paramedic Operations Emergency Westlake Deputy Chief/Fire Business Services Management Deputy Chief Academy MarshalManager C Shift Emergency A Shift B Shift Code Assistant Shift AdministrationOperations Shift CaptainShift Captain Compliance EMC Lieutenant Center Engine Engine Engine Public Professional Operations CompanyCompanyCompanyEducationStandards Medic Medic Medic InvestigationsBudgetingPlanning CompanyCompanyCompany Human Logistics Resources Finance 15 Westlake Fire-EMS Master Plan Values, Vision, Mission Values Dedication, Compassion, & Excellence Vision To be an exemplary organization acclaimed for our proficiency, integrity, and selfless devotion to duty. Mission We are a values-oriented team committed to preserving life, property, and the beauty of our natural environment: through dedication, compassion, and excellence in education, prevention, and emergency response. Motto Deditus Pietas et Virtus 16 Westlake Fire-EMS Master Plan Professional Development Of all the initiatives developed in the organization, perhaps professional development is one of the most important features of the fire department. While the term professional development may hold different meanings for different people, from our lens, it means so much more than achieving personal or professional goals. For us, it is embedded in how we operate in every facet of our organization. Professional development is embedded in the on-boarding process, Leader of Character Development, technical training, succession planning, officer development, and higher education requirements using the U.S. Fire Administration’s National Professional Development Model. With that, the professional development policy is the foundation document. This document expresses the importance of professional development at the personal and professional level. Additionally, this policy establishes the minimum credential requirements of operational personnel including self-development, experience, higher education, and training. Leader of Character The Leader of Character Development Model buttresses the professional development at all levels of the organization. To better understand us, you must understand what we value. We value developing others. We want our employees to be better fathers, mothers, brothers, sons, daughters, husbands, wives, and friends. We do that by focusing on individual character traits at the most basic level and thread these concepts into many parts of the organization. We believe, helping people understand core character traits helps develop people to be more resilient and have better relationships with others. The key to every structure is a solid foundation and strong support pillars, so that the structure is resilient to the harsh environment. The Leader of Character Development Model is built on these principles. James C. Hunter coins the phrase “leadership is character and character is leadership” in his book The World’s Most Powerful Leadership Principle. Hunter describes how quality leadership is a product of quality character traits. Pat Williams describes this same philosophy in his book Character Carved in Stone.” The term “Leader of Character” comes from West Point. This leadership philosophy is based on different levels of growth and development, the first level representing the foundation, and each level there after building upon the preceding one such as a structure is built. The Leader of Character Development Model has five levels of development, or rather perspectives: Setting the Tone, Forging Bonds, Finding Yourself, Influence, and Leadership. These represent levels of maturity. Recall the phrase: "the moral and ethical maturity to behave according to proper values and principles." Sitting on top of the foundation are four pillars of character. These Pillars represent the clusters of character which Angela Duckworth described in her book Grit. The pillars are: Intrapersonal Character, Interpersonal Character, Intellectual Character, and Technical Character. These four pillars of character are essential for developing and maintaining strong character. The first pillar, Intrapersonal Character are virtues of will. This is our inner most core of character, what is deep down inside of us and what we depend on in our most challenging times, what we draw from, what all other character grows out of such as grit, perseverance, discipline, etc. There are several traits of intrapersonal character. 17 Westlake Fire-EMS Master Plan The second pillar, Interpersonal Character are virtues of heart. This is how we treat people, such as kindness and respect. The third pillar, Intellectual Character are virtues of mind. This is how we think, our mindset, how we see things and think about them such as open mindset, growth mindset, and optimism. The fourth pillar, Technical Character are virtues of craft. This is specialized training/technical skills that we acquire for our jobs. The levels of maturity are different perspectives. The perspectives are based upon our experiences and how we look at or see things from our own current level of growth. The first level of perspective is Setting the Tone. The traits focused on at this level of perspective are discipline, integrity, perseverance, accountable, gratitude, courage, dignity, perspective, and determination. The second level of perspective is Forging Bonds. The traits focused on are temperance, tolerance, mindset, and competence. The third level is Finding Yourself. This is when we begin to discover the value in sacrifices and service to others. This level covers a variety of different traits that spawn out of the previous (baseline) traits. The fourth level of perspective is Influence. Influence is where we understand and see the full effect of the Law of Harvest from the sacrifices and service that we have already provided to others. The traits focused on are humility, respect, faith, and confidence. At this point, our pillars of character should have engrained solid moral principles in which everything else spawns from, enriching our relationships. We cap off our columns with a covering of focused traits: dedication, compassion, and excellence. It is at this point that we emerge as Leaders of Character based on solid principles of true character and we naturally take on a role as a leader - a Leader of Character because others will choose to follow of their own free will. The results of implementing this type of leadership development strengthens human relationships, which is a part of everything we do. 18 Westlake Fire-EMS Master Plan Hiring/Onboarding The selection process for joining the fire department is very rigorous. To be a part of our team requires that the candidate demonstrate the highest moral character, mental, and physical standards, which is examined through multiple perspectives. All candidates for firefighter positions must pass a written exam (80% of higher), Texas Department of Public Safety row test, physical ability course, panel interview, chief interview, psychological exam, medical/physical exam, and thorough background investigation. While each step includes minimum competency requirements, our focus is on attitude and character at each candidate encounter. Our onboarding process, we coined “Bootcamp,” is the process by which we deliver the history of organization and expectations for the future performance. By the end of the bootcamp, the candidate must demonstrate the most basic levels of EMS and firefighter performance objectives. The bootcamp instruction is delivered by bootcamp instructors (Driver/Engineers) and runs Monday through Friday for four weeks during daytime hours. In bootcamp, candidates will learn the “Westlake Way.” They will learn foundational character traits (e.g., discipline, courage, mindset, gratitude, dignity, perspective, etc.) every day. Each day begins with an intense workout regimen designed to identify strengths and weaknesses in their capabilities. Beyond that, they move to didactic learning most mornings and skill development in the afternoon. The body of content includes emergency operations related to mostly fire and EMS responses. By the end of the bootcamp, the candidate must pass a 19 Westlake Fire-EMS Master Plan medical protocol test and be endorsed by the bootcamp instructors to successfully move to on-duty shift assignment. Not all candidates make it successfully. Later, paramedic candidates will attend an intensive Paramedic Internship Program allowing them to be released to perform advanced life support care and treatment. Promotion Standards All personnel are taught promotions start on the first day of employment. Each day the candidate must be committed to being better than they were and will be held accountable by their peers and supervisors. With that, promoting in the department is more than skill development and time on the job. They must meet higher education standards and certification requirements than many of their peers in other departments. Those standards are articulated in the Professional Development policy. More than that, they must demonstrate high moral character and a good attitude. Additionally, the work required for promotion is completed by the employee with his/her own time and money. We consider all promotional credentialing as vertical movement, and the department will not pay for those courses. The department seeks to build leaders. We believe leaders are built through adversity. Strong leaders will do what it takes to succeed and will not need their hand held along the way, or perhaps pulled. Ultimately, these higher standards create an organization of self-directed learners that help solve complex problems facing our organization and industry. 20 Westlake Fire-EMS Master Plan Technical Training All operations personnel are required to be a certified firefighter, EMT-Paramedic, and Hazardous Material Technician. Many of our personnel, shown elsewhere within this document, have obtained many industry related certifications, beyond the requirements of the organization that improve the capabilities of the individual and organization to deliver exceptional services. The learning opportunities are endless in the fire service because our scope of services has grown to include so many different disciplines. Some of those certifications and training include very specialized knowledge and training (e.g., high angle rescue, rope rescue, swift water rescue, advanced extrication, and forcible entry). Transformed Culture Adopting the philosophy of Leader of Character and continuous improvement didn’t occur all at once. We began this process over the last five to seven years. Through practice, we began to see what works and what does not work. We found our person centric focus, even with high demands on our personnel, delivered positive results in the form of higher performance and improved morale. With change, some casualties were experienced. Not everyone embraced our philosophy. As a result, some higher-than-normal attrition occurred. Metaphorically, we found we were getting the right people on the bus and placed in the right seats and the right people off the bus. Currently, we have developed the strongest culture of high performing people this organization has ever witnessed, and we could not be prouder of the work they have accomplished to Be Better! 21 Westlake Fire-EMS Master Plan Operating Costs Comparison How does the Westlake Fire-EMS Department compare to other area fire departments in operating costs? Whether there are 100 incidents or 10,000 incidents, the fire department must meet specific state regulations, the same regulations that other fire departments must meet. In comparing the operating costs with the area fire departments, three costing factors are analyzed: appraisal values, population, and square miles. Each city is made up of different characteristics therefore, the costing factors provide a stable costs comparison model serving as a dashboard to operating costs. When comparing to Appraisal Values, the range is $0.08 to $0.23 cents per $100 of valuation with the median $0.13. Westlake Fire-EMS Department's operating costs is below the median at $0.08 as illustrated in Figure 1. (Figure 1) Figure 2 illustrates the operating costs to population. The high is $1,501.27 and the low $117.06 with the median at $210.29. Comparing the operating costs to the resident population is $1,501.27, the highest. However, utilizing the day-time population, it drops well below the median at $142.54. With the significant resident population to day-time population ratio, we consider both populations. 22 Westlake Fire-EMS Master Plan (Figure 2) Comparing the operating costs to square miles, the highest is $873,166 and the lowest is $371,835 with Westlake representing the lowest as illustrated in Figure 3. (Figure 3) 23 Westlake Fire-EMS Master Plan Since Westlake is unique with the increased day-time population ratio compared to resident population, we look to Addison as an additional comparison since Addison has a similar increased population ratio. With Appraisal Value Addison is at $0.17 and Westlake is at $0.08 as illustrated in Figure 4. (Figure 4) Comparing both resident population and day-time populations in Figure 5, Addison is at $549.75 with the resident population and Westlake is at $1,501.27. For day-time population, Addison is at $174.06 and Westlake is at $142.54. (Figure 5) Whencomparing to square miles, Addison is $1,945,309 and Westlake is $371,835 as illustrated in Figure 6. (Figure 6) The Westlake Fire-EMS Department operates extremely efficient when compared to other area departments. How much does a homeowner contribute to fund the fire department? A $1,500,000 million dollar home has a tax amount of $2,518 with a $0.16788 tax rate (7% of Tax Bill). Of the $2,518 (7%), 27% or less than $680 funds the fire department. 24 Westlake Fire-EMS Master Plan NETCOM Northeast Tarrant County Communications (NETCOM) is the reginal Public Safety Answering Point (PSAP) for local 9-1-1 services. NETCOM serves the communities of Westlake, Keller, Southlake, and Colleyville. They are located in the City of Keller at the Keller Police Station. They perform dispatching services for all police, fire, and EMS emergency and non-emergency incidents within each listed jurisdiction. NEFDA Westlake Fire-EMS Department holds membership with NEFDA (Northeast Fire Department Association), a regional organization that offers training and specialization in specialty operational areas. NEFDA was developed by a group of cities in Northeast Tarrant County, Texas, for the purpose of combining manpower, ideas and education for specialty operations. The member cities include Bedford, Colleyville, Euless, Grapevine, Hurst, Haltom City, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, and Watauga. The operational areas include: Hazardous materials Mass casualty response Technical rescue Explosive response Swift water rescue It is the mission of the Northeast Fire Department Association to consolidate the strengths and resources of all member departments for the purpose of enhancing the service delivery to all of our respective customers across all jurisdictional boundaries. We accomplish this mission by providing our Fire Fighters with quality professional development training, sharing of resources, cooperative mutual responses and a commitment to community safety. Additionally, NEFDA offers support in many other critical areas including: Communications support Mobile command post Decontamination (Mass Decon) Urban search and rescue support Heavy rescue (collapse) response Explosives response team team Hazardous materials response team Technical rescue team Light and air support Swift water response team Mass casualty incident response team Westlake’s responsibility to the organization and the region is to provide qualified Hazardous Materials Technicians every shift that may be deployed for response, mitigation, and recovery of a hazardous materials incident. Other responsibilities include cooperation and participation with the training and operations committees. Each year, all NEFDA cities perform multi-jurisdictional and multi-company live fire training in the Spring and the Fall. 25 Westlake Fire-EMS Master Plan Industry Standards and Other Considerations National Fire Protection Association (NFPA) NFPA 1710, Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Departments The purpose of this standard is to specify the minimum criteria addressing the effectiveness and efficiency of the career public fire suppression operations, emergency medical service and special operations delivery in protecting the citizens of the jurisdiction and the occupational safety and health of fire department employees. NFPA 1710-5.3.3.3.2 states, “Personnel deployed to ALS emergency responses shall include a minimum of two members trained at the emergency medical technician-paramedic level and two members trained at the emergency medical technician-basic level arriving on scene within the established travel time.” NFPA 1710-5.2.3.2.1 states, “These fire companies shall be staffed with a minimum of four on-duty personnel.” NFPA 1710-4.1.2.1 states, “The fire department shall have the capacity to deploy an initial full alarm assignment within 480 seconds or less.” NFPA published a report in 2015 (Figure 1), illustrating that the median staffing level for career departments with a population of 25,000 to 49,999 in the South region (which includes Texas) is 1.64 firefighters per 1,000 people. Figure 1 (NFPA Research) 26 Westlake Fire-EMS Master Plan National Institute of Standards and Technology The National Institute of Standards and Technology (NIST) published two reports pertaining to effective staffing levels for residential fire operations and high-rise operations. The study for residential fires (April 28, 2010) concluded that four person crews were safer for occupants and firefighters and more effective than two and three person crews. The four-person crews were able to deliver water to a similar-sized fire 15 percent faster than the two-person crews and 6 percent faster than three-person crews, steps that help to reduce property damage and lower danger to the firefighters. "Fire risks grow exponentially. Each minute of delay is critical to the safety of the occupants and firefighters, and is directly related to property damage," said Averill, who leads NIST's Engineered Fire Safety Group within its Building and Fire Research Laboratory. The study for high-rise fires concluded that larger crew sizes were equally safer and more effective. "Unlike most house fires, high-rise fires are high-hazard situations that pose unique operational challenges to fire service response. How big a fire gets and how much danger it poses to occupants and firefighters are largely determined by crew size and how personnel are deployed at the scene," says lead researcher Jason Averill, a NIST fire protection engineer. "It's not simply that larger crews have more people. Larger crews are deployed differently and, as a result, are able to perform required tasks more quickly.” An analysis of 14 "critical tasks," those undertaken when potential risks to building occupants and firefighters are greatest, found that three-member crews took almost 12 minutes longer than crews of four, 21 minutes longer than crews of five, and 23 minutes longer than crews of six to complete all tasks. Four-person crews took nine minutes and 11 minutes longer than five and six member crews, respectively. Other Risk Factors to Consider Emergency medical incidents require a minimum of four personnel to effectively mitigate. Critical medical emergencies (i.e., heart attacks, strokes, breathing difficulties, etc.) require additional staffing to properly treat the patient, and further requires that firefighters from an engine company accompany the ambulance to the emergency department to continue the necessary standard of care. Responding to a motor vehicle accident is an extremely dangerous environment. There are several critical tasks that must be completed to safely mitigate the incident such as shutting down lanes of traffic, deploying traffic cones, assessing and treating injured occupants, deploying hose lines, securing vehicles, mitigating hazards such as leaking fuel and other fluids, securing vehicle power sources, extricating trapped victims, and many other tasks. An injured occupant will require a minimum of two personnel for effective treatment. Often times, there are several patients to triage, treat and transport, requiring more resources than our current staffing model provides. When staffing levels are not sufficient to accomplish all critical tasks in an effective manner, critical tasks are often omitted creating greater risks to firefighters, police officers, motorist, and patients. 27 Westlake Fire-EMS Master Plan Insurances Service Office (ISO) The purpose of ISO is to provide a Fire Suppression Rating Schedule. The Schedule is to outline criteria for evaluating the fire prevention and fire suppression capabilities of individual communities. An evaluation establishes a Public Protection Classification (PPC) for property insurance ratings. The PPC range is from 1 (best) to 10 (worst). Three main areas are evaluated: Emergency Communications, Water Supply, and the Fire Department. According to ISO: A community's investment in fire mitigation is a proven and reliable predictor of future fire losses. Statistical data on insurance losses bears out the relationship between excellent fire protection - as measured by the PPC program - and low fire losses. So, insurance companies use PPC information for marketing, underwriting, and to help establish fair premiums for homeowners and commercial fire insurance. In general, the price of fire insurance in a community with a good PPC grade is substantially lower than in a community with poor PPC grade, assuming all other factors are equal. In 2013, the town retained the service of Mike Pietch P.E. Consulting Services to provide an assessment of the town's PPC. With respect to maintaining a low ISO Public Protection Classification, the report from Mike Pietch, P.E. Consulting Services, Inc. (August 30, 2013), concluded that Westlake have in service two (2) engine companies and one (1) ladder truck company deployed from two (2) fire stations. In April 2017, the town received its PPC report (ISO report) from the State Fire Marshal's Office awarding the town a Class 2 rating. Westlake received an overall score of 71%. The points scored were 78.47 out of a possible 109.76. The three main areas of scoring were, Emergency Communications rated 8.84 out of a possible 10, Water Supply 38.60 out of a possible 40, and Fire Department 35.95 out of a possible 50. Due to difference in the relative credits for the Fire Department and Water Supply, 4.92 points were subtracted. This divergence between the water supply and the fire department prevents the better feature (water supply) from being utilized to its fullest extent. The largest deficiencies in the fire department were the result of insufficientengine company staffing and no ladder company. 28 Westlake Fire-EMS Master Plan Comprehensive Plan The Comprehensive Plan identifies that Westlake will need 27 firefighters at build out, not counting company officers, battalion chiefs, or ambulance staffing, which is misleading. The Plan arrives at the number based on the National average of 1.2 firefighters per 1,000 population. However, the National average does not consistently account for fire-based EMS systems, which requires additional firefighters. Furthermore, NFPA identifies a national ratio of 1.64 for the South region. When utilizing the Addison staffing model, as comparable, the need for 30 firefighters is identified and therefore the comprehensive plan splits the difference between the 23 (the 1.2 factor) and 30 (Addison model) with a recommendation of 27. In determining fire station locations, the Comprehensive Plan identifies the need of two fire stations and illustrates one station located at Dove Road and Davis Blvd, and a second fire station located near Hwy 170 and Roanoke Road, with each station providing a five-minute response capability (Figure 2). The Plan goes on to identify that one fire station should cover the residential areas and the second station cover the non-residential areas, another misleading element. The logic is not illustrated in best practice models. Fire stations are located based on geographic coverage, not occupancy types. Dense occupancies (e.g., downtown districts, midrise buildings and corporate campuses) require additional firefighters and resources. Figure 2 (2015 Comprehensive Plan) 29 Westlake Fire-EMS Master Plan Site Feasibility In 2015 the Town of Westlake retained the services of Brown Reynolds Watford (BRW) Architects to conduct a Fire Station Site Validation Study. The study evaluated five potential locations for advantages and disadvantages based on established criteria to determine the most appropriate location for a new fire station. BRW established the program needs to determine the necessary space requirements. The grading criteria included five factors: Achieves Short-Term Response Needs Achieves Long-Term Response Needs Best Vehicular Access to and from Site Site Development Costs Favorability of Site Site A was located at the northeast corner of Dove Rd. and Davis Blvd. Site B was located at the southeast corner of Dove Rd. and Davis Blvd. Site C was located at Davis Blvd and Capital Pkwy/Solana Blvd. Site D and E were located mid-block Solana Blvd. Site A was graded with 91 points, Site B 83 points, Site C 81 points, Site D 61 points, and Site E 60 points. The Town selected Site A as the location for the new fire station. 30 Westlake Fire-EMS Master Plan Station Needs Assessment In June of 2014, the Westlake Town Council was presented the conditions and needs of the existing fire station. The fire department provides essential services to the community such as preserving life, incident stabilization, property conservation, and protecting the economic infrastructure. In order for the fire department to be successful in achieving this mission, it is imperative that the department have adequate facilities and be strategically located in the best possible location which will enhance the ability for the organization to provide these essential services. The facility and location did not provide that ability. Since Westlake was only about 25 - 30 percent developed and had a day-time population increase of more than 1200 percent, which placed an additional workload on the department. While property taxes have only recently been imposed on property owners and rates remain very low, this is an additional challenge to provide adequate funding for emergency service needs (e.g., new fire station, staffing, and equipment). In addition, the facility posed health and safety concerns as well as inhibited the ability to improve service quality. The most important factor to be successful in preserving life, stabilizing incidents, preserving property, and protecting the economic infrastructure is providing quick response times with an effective response force with properly staffed apparatus. The current response force for the Town of Westlake was three personnel covering one engine/pumper and one ambulance. Proper staffing for one engine and one ambulance is a minimum of five - six (5-6) personnel (3-4 assigned to the engine and 2 assigned to the ambulance). Building a new fire station in the eastern half of Westlake would improve response times. In addition, when responding to an incident at a corporate campus, the department must consider the amount of time that it takes to get to a patient or fire once units arrive on the scene, as with a downtown district. It is not uncommon for there to be an additional five to eight minutes added to the response time. For example, if emergency personnel arrive on the scene in six minutes from being dispatched and then it takes another six minutes to get to the patient, the total time from the onset (e.g., difficulty breathing) to responders arriving at the patient can be as long as 15-20 minutes. The demand area for incidents was the eastern half of Westlake. The nucleus of the demand area was the intersection of Dove Road and Davis Blvd. The ideal location of a new fire station should be located as close to the nucleus as possible. The nucleus would provide excellent response in any direction (north, south, east or west) and provide quick access to Hwy 114, which the existing fire station did not as it was located at the back center of Westlake, the least effective location. Furthermore, a new fire station would solve the inadequate facility situation. The existing facility did not provide a safe environment for personnel. Firefighters were exposed to diesel exhaust which contains arsenic, benzene, formaldehyde, and Polycyclic Aromatic Hydrocarbons (PAH). Exposure to diesel exhaust has been linked to cancer in firefighters with firehouse exposure. In addition, the firefighters and their equipment were not protected from severe weather such as tornados. It was imperative that the firefighters and their equipment be protected during these events so that they are able to respond to the needs of the community that they are protecting. The existing fire station did not meet building codes and standards or the Town's own design standards. A new fire station would provide the ability to have adequate staffing (i.e., effective response force), meet the demands of the Town's growth, and comply to current building codes and the Town's design standards. Furthermore, 31 Westlake Fire-EMS Master Plan the existing fire station was subject to frequent rat, mice, snake, other rodents, and birds that would nest or bed in the firefighter's protective gear and the engine compartments of the fire apparatus. The Westlake Fire Department was in desperate need of a new fire station. In order to improve the quality of fire and EMS services for the stakeholders of the Town of Westlake, proper funding was essential. Acquiring the funds to secure the proper location and build a new modern fire station would meet the needs of the organization while supporting the mission of preserving life, stabilizing incidents, property conservation, and protecting the economic infrastructure of the community. Improving the quality of the fire department was an investment in the community for all stakeholders. The return on this investment would be seen through improved response times, improved effective response force, and improved health and safety for the firefighters. The Town held two Town Hall Forums to seek citizen and stakeholder input with the first one on September 16, 2016, and the second one on May 25, 2017. The first forum the case for a new fire station was presented and the audience supported the new fire station. Audience input was collected and implemented into the design of the station, specifically building the fire station to the same design standards that the Town has along with blending the residential neighborhoods with the commercial area. During the second forum, the new design of the fire station, the groundbreaking timetable, the financing, and the estimated completion date was presented. The new station would be funded with cash and certificates of obligation issued for a 30-year period, which is a common practice for public safety buildings, and would be paid back with sales and use tax. The land for the fire station would be donated to the Town. The station would be about 18,000 square feet, about the same size as the Roanoke and Trophy Club fire stations. See Appendix A for pictures of fire station conditions. 32 Westlake Fire-EMS Master Plan Community Risk Assessment (CRA)/Standards of Cover (SOC) th A Standards of Cover (SOC) is defined in Community Risk Assessment: Standards of Cover 6 Edition as “Those written policies and procedures that establish the distribution and concentration of fixed and mobile resources of an organization.” These policies are relative to risk classification (fire, emergency medical services, technical rescue, hazardous materials) and category (low, moderate, high, maximum). Here is an example of a baseline distribution (first-due) performance objective statement: For 90 percent of high-risk fires, the total response time for the arrival of the first-due unit staffed with two firefighters and one officer is 8 minutes and 20 seconds. The first-due unit shall be capable of providing 500 gallons of water and 1,500 gallons-per-minute pumping capacity, initiating command, establishing a water supply, advancing an attack line, and rescuing victims based on a risk assessment while considering the Occupational Safety and Health Administration (OSHA) two-in/two-out rule. A SOC is a concept that allows for analysis of the current deployment of emergency resources (engine companies, ladder companies, ambulance companies, etc.) compared to the risk assessment of the community. A SOC is not a single document but a philosophy of meeting the risk with the right resources in a certain amount of time to mitigate the incident that has occurred, utilizing an all-hazards approach. The level of service a department provides is relative to capital limitations authorized by the local governing body. What are the implications of response quality, and does the community understand the risk associated? How does it compare to industry response standards such as NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments? If time is directly related to the outcomes in our business, customers should understand the implications of how time impacts outcomes for them. Based on science and data, such as the studies published by the Underwriters Laboratories (UL) and the National Institute of Standards and Technology (NIST), we understand the associations of time, flow path, and outcome. But does the community? How does this impact the survivability profile of occupants in buildings involved with fire or a person in cardiac arrest? Multiple strategies exist to address these challenges. Departments all over the world are pursuing excellence. In their crusade, some are using the tenets of the Commission on Fire Accreditation International (CFAI) model. One of the most challenging yet rewarding to the community is a pillar of this model: the publication of a Community Risk Assessment/Standards of Cover (CRA/SOC). The documentation of the characteristics of the community, hazards and risks, response quality, and the plan to maintain or improve the capabilities are all objectives of a CRA/SOC. When departments align with these key performance indicators, the community has the awareness to the level of service provided by the fire department. Clear communication of the gaps and capabilities, capacity and the level of service provided enables elected officials to effectively prioritize community initiatives through data-driven decisions. Communities can then decide when to enhance the department’s capabilities based on its standards of cover should they choose. Communities are dynamic; the business owner and customer must have a clear understanding of what the service level is and its quality. A Standards of Cover can establish this by 33 Westlake Fire-EMS Master Plan policy. As of this report, the Town of Westlake has not formally adopted and implemented a Standards of Cover. In 2020, the town retained Emergency Services Consulting International (ESCI) to conduct a CRA/SOC. In February 2021, ESCI presented the report to Town Council. The summary of the report follows. Based on information obtained throughout this process, WFD is provided strong leadership and an innovative vision. The department is functioning at a high level commensurate with community expectations. While there is always room for improvement, the department is serving the citizens of Westlake well. ESCI identified several issues, concerns, and opportunities. The following recommendations are intended to accomplish the primary objectives listed below: 1. Define and adopt expected service levels and performance standards to be provided by the fire department. 2. Identify service level improvement opportunities in operations and support services that can be implemented as funding becomes available. 3. Identify opportunities that will accommodate expanded collaboration and implementation of cooperative effort strategies between WFD and Northeast Fire Department Association (NEFDA) participants as well as neighboring jurisdictions. The recommendations are described as improvement goals and should be implemented as funding allows. Each will improve the department's ability to provide effective service to the community. WFD Improvement Goals Improvement Goal A Formally Adopt First Due Response Time Standards & Targets Improvement Goal B Improve Turnout Time Performance Improvement Goal C Evaluate Current and Future Station Locations to Improve Response and Add Station 2 with Training Facilities Improvement Goal DAdopt Effective Response Force Assembly Goal Improvement Goal EAdd Effective Response Force Resources to Achieve 19 Personnel Improvement Goal F Enhance General Partnering Strategies Utilizing Increased Automatic Aid Improvement Goal G Enhance Fire Prevention Inspection and Public Education Capabilities Improvement Goal H Create and Implement a NEFDA Pre-Fire Plan Standard in Accordance with NFPA 1610 Improvement Goal IEnhance Training Capabilities Improvement Goal JEnhance Emergency Management Capabilities Identify opportunities for future improvements through the monitoring and use of Improvement Goal K defined records management systems and dashboards that measure, and display adopted performance indicators and system performance to include automated dispatch system, automatic vehicle locations (AVL) system/closest unit response, enhanced traffic signal preemption, and comprehensive records management system (RMS) with integrated real-time dashboard display. 34 Westlake Fire-EMS Master Plan Staffing Model How many firefighters/paramedics should Westlake have? Several variables must be considered when determining the necessary resources, such as the square miles being covered, population, the amount and size of buildings, the types of buildings, number of high-risk occupancies, response times and several other factors. Since Westlake has a population ratio of 1:16 of residential population verses day-time population, factoring the day-time population would best serve the residents and corporate partners. In addition, given the mere sizes of the corporate campus buildings and the homes in Westlake, the Effective Response Force (EFR) is increased, driving the need for additional staffing. The U.S. Fire Administration has developed the Emergency Resource Deployment Planning model (Standards of Cover) to assist communities in determining the necessary fire and emergency medical services (EMS) resources. Westlake has recently completed a Community Risk Assessment and Standards of Cover, but has not adopted policy to establish resource deployment standards Staffing Models Utilizing NFPA's South Region national average of 1.64, Westlake should have 26.24 firefighters based on the day-time population (16,000). This number is on-duty firefighters and does not account for ambulance staffing or paid time off (PTO) staffing. The current operational staffing level for Westlake Fire-EMS is five full-time equivalents (FTEs) per 24-hour period (Figure 3). There are three rotating shifts. The current minimum staffing level is four (4). This model provides a staffing level of five personnel per shift to staff an engine company and an ambulance company. A vacancy is created each shift due to PTO and leaves the shift with only four personnel to cover both the engine and the ambulance leaving two firefighters on the engine rather than the NFPA recommended four (4). Six (6) additional firefighters are needed, two for each shift to have a minimum staffing level of six (6), utilizing a staffing factor of 3.65. The needed staffing model would be 21 FTEs. Implementing the necessary Truck Company would require an additional 9 Firefighters, 3 Driver/Engineers, and 3 Company Officers, a total of 15 FTEs, which would bring the total operations staffing level to 36 FTEs (Figure 4). Current Staffing Companies Staffed Positions Station 1 Engine Company 2 Medic Company 2 Paid Time Off 1 Total 5 Three Shift Total Staffing 15 (Figure 3) 35 Westlake Fire-EMS Master Plan Critical Staffing Needs CompaniesStaffed Positions Station 1 Engine Company 4 Truck Company4 Medic Company 2 Utilizing a staffing factor of 3.65 Paid Time Off 2 Total 12 Three Shift Total Staffing 36 (Figure 4) What is a more accurate staffing model for Westlake? Based on industry standards, the chart below (Figure 5) illustrates the Operational needs for Westlake: two (2) fire stations comprising of two (2) engine companies, one (1) truck company, two (2) medic companies, and one Battalion Chief's position. This does not include the necessary staffing for Administration and Risk Reduction. Forecasted Staffing Model Companies Staffing Station 1 Engine Company 4 Truck Company4 Medic Company 2 Battalion Chief1 Station 2 Engine Company 4 (Truck Company) *(4) Medic Company 2 Utilizing a staffing factor of 3.65 Paid Time Off3 Total 20 Three Shift Total 60 (Figure 5) *Optional Note: Truck Company may be moved to Station 2 for better resource deployment. The Forecasted Staffing Model identifies that an additional 45 firefighters (including driver/engineers and company officers) will need to be hired based on NFPA standards. An SOC would outline Benchmarks for adding additional firefighters based on the SOC recommendations and Council approval of the SOC. Risk Reduction - Fire Prevention The fire prevention division, for all professional fire departments, must develop standards by which they will function to deliver services that aim to reduce the incidence of fire and many other community risks assessed through a comprehensive community risk assessment. Those standards 36 Westlake Fire-EMS Master Plan should meet or exceed industry best practices and national standards. The National Fire Protection Association (NFPA) promulgated a document entitled: “NFPA 1730: Organization and Deployment of Fire Prevention Inspection and Code Enforcement, Plan Review, Investigation, and Public Education Operations.” This document (NFPA 1730) was published to address the minimum criteria of effectiveness and efficiency of the Fire Prevention Organization (FPO) functions of fire prevention based on an approved community risk reduction plan. NFPA 1730 addresses areas of administration, organization, records, community risks assessment, plan review, code enforcement, required personnel, investigations, and public education programs. Before moving further into fire prevention, a little more understanding of the strategic focus placed on fire protection provided by the Department must be examined. This means that the Department strategically approaches fire safety and community risk reduction through the five E’s: Education, Enforcement, Emergency Reponses, Engineering, and Economics. While the bulk of the focus and budget is placed on operations for Emergency Responses, the FPO seeks to reduce the impact of those responses by intentionally addressing community risks through specific programming. The demand on the FPO is to implement and enforce four of the five E’s of fire safety and community risk reduction: Education, Enforcement, Engineering, and Economics. These initiatives require a great deal of technical expertise in multiple disciplines, which generates, at times, an overwhelming amount of work not seen by most of the public. It is the behind the scenes work that improves the safety for everyone such as the general public and firefighters. Education and Enforcement initiatives make up the most demanding and time intensive obligations. The following information shares some of the programming coordinated and conducted by the FP. Education Fire Prevention Literature Juvenile Fire Setter Program Stop the Bleed Education CPR/AED/First Aid Training Car Seat Installations Fire Prevention Literature Children’s Education Programs Enforcement Fire Code Adoption: 2021 International Fire Code Code Enforcement: Fire Inspections (New Construction, Existing Commercial, and Sprinkled Residential) Fire Investigations for Origin and Cause Arson Investigation Engineering Commercial and Residential Plan Review for code compliance and consideration of new technology options Special Operations Plan Review Economic Incentives Insurance discounts for home fire protections systems Penalties or fines for non-compliance of Fire Code requirements 37 Westlake Fire-EMS Master Plan Current Activity As mentioned above, the Westlake Fire Marshal is responsible for ensuring four of the five E’s of fire safety and community risk reduction (Education, Enforcement, Engineering, and Economics) are implemented and managed to the best extent possible. Most of the time, the Fire Marshal and the Department are positioned in a reactionary position due to lack of staffing related to the FPO. This means, the Fire Marshal does not proactively pursue public education programs except upon request or demand from stakeholders. An important note, the Fire Marshal also serves as the Deputy Chief of Operations which accounts for over 80 percent of the budget allocations and personnel matters. The Westlake Fire Marshal is responsible for conducting approximately 80 high risk commercial annual safety inspections, which includes 24 structures that are four or more stories in height. Additionally, three of the commercial campuses within the Town comprise of over 2.5 million square feet of office and mix use space, making safety inspections particularly challenging in terms of complexity and time. Unfortunately, minimally qualified shift personnel are required to be utilized, when possible, on an overtime basis to help conduct inspections due to workload demand of annual safety inspections, new construction activity, and competing challenges in maintaining operational readiness. The lack of expertise needed to ensure proficient examination of these properties lead to increased risks not being mitigated. Further, due to operational demands, the Department depends on the use of operational personnel to perform all the educational activities implemented by the department, which at times, creates inconsistent delivery and results due to varying personnel capabilities. Additionally, the Westlake Fire Marshal conducts plan reviews and inspections for new operations and construction projects in addition to annual safety inspections, as required by the adopted International Fire Code. Some of those plan reviews and inspections include fire alarm tests, sprinkler system tests, controlled access door tests, hood suppression systems test, specialized extinguishing system tests, above and below ground storage tanks, and occupancy inspections. Analyzing Personnel Needs NFPA 1730 authorizes the jurisdiction to establish expected number of FPO members and the functions of those FPO members. When considering the Department programs and objectives, including the amount of time required to perform those tasks, the quantity of personnel can be determined. Additionally, through a separate third-party evaluation of the community’s risks help to guide the Department in personnel needs. A through and comprehensive community risks assessment conducted by Emergency Services Consulting International (ESCI) in 2020 for the Town of Westlake Fire-EMS Department established the need to “Add an FTE Fire Inspector/Public Education Coordinator to the program to maintain the existing inspection compliance rate and continue to work toward the 100% compliance with code enforcement and community education standards and programs.” There is an immediate need to add a minimum of one full-time fire inspector to the FPO. The position will assist the Fire Marshal with all administration activities, plan review, fire safety inspections, public education, and investigations, as needed. The position will create consistency in all code enforcement related activities and public education. 38 Westlake Fire-EMS Master Plan Capital Improvement Plan The capital improvement plan is simply that -- a plan. As such, projects within the CIP are subject to change based on new or shifting service demands, special financing opportunities, emergency needs, or other directives or priorities established by Town Council. Acknowledging that Town priorities can change, projects included in outward planning years are not guaranteed for funding. Currently, the Capital Improvement Plan (CIP) for the department focus on two primary areas: Apparatus Replacement Schedule and Equipment Replacement Schedule. While not currently funded or formally adopted, the purpose of the departments CIP is to forecast and match projected capital needs over the life of equipment and apparatus. Capital improvement programming is critical for the department to identify major needs, establish priorities, and develop project schedules to better serve the Town’s residents. The Town has established a vehicle replacement policy, which dictates the replacement of vehicles. This policy is based on the proposed replaced vehicle’s age, mileage, repair expenses and type of service. The department uses the vehicle replacement policy to establish the vehicle replacement for all vehicles in the fire department including fire trucks, ambulances, specialty vehicles, and passenger vehicles. Fortunately, much of the required larger equipment purchases in the department are accompanied by the purchase of new apparatus. Therefore, fewer equipment items are required to be planned for replacement. For example, during the purchase of a new ambulance, the cardiac monitor and stretcher system are purchased and maintained with the life cycle of that equipment. With that, the equipment listed for replacement include primarily facility related equipment (e.g., laundry equipment, recliners, mattresses, treadmills, etc.). 39 Westlake Fire-EMS Master Plan Needs Assessment As a result of several significant independent studies of the department and published industry best practices, which include ISO, Town of Westlake Comprehensive Plan, Community Risk Analysis/Standard of Cover, National Institute of Standards and Technology, and National Fire Protection Association indicate the immediate need for increased emergency staffing for Westlake Fire-EMS Department. The future of the department’s effectiveness will be based on many factors, but the biggest of all, is human resources. Our focus is to continue a culture of excellence through strong character growth and professional development. The financial support of our policy makers will be a necessity for future growth and retention of a superb workforce aimed at delivering the best care possible to all stakeholders. Current Needs Three (3) Firefighter/Paramedics (one per shift) to operate current equipment Fully staffed Ladder Truck of four (4) Firefighter/Paramedics per day One (1) Ladder Truck One (1) Engine Replacement One (1) Fire Inspector One (1) Emergency Manager Coordinator Inspector vehicle New portable radios Compensation Evaluation Future Needs Adopt and fund Capital Improvement Plan (Apparatus Replacement and Equipment Replacement) Station site selection and procurement Design and build Station 2 Purchase Station 2 Engine Firefighters, Drivers, Lieutenants, & Captains 40 Westlake Fire-EMS Master Plan Appendix A The first facility that housed the firefighters was the original Town Hall at 1301 Solana Blvd. The firefighters would sleep in the Town Hall offices at night and the borrowed fire engine and ambulance was parked outside of Town Hall. This is a picture of the second facility which was purchased as a used portable office building. 41 Westlake Fire-EMS Master Plan 42 Westlake Fire-EMS Master Plan 43 Westlake Fire-EMS Master Plan This is the third facility which was a new portable office building. 44 Westlake Fire-EMS Master Plan The fourth facility was a double-wide mobile home which was donated by Vaquero who used it as the Vaquero sales office. This is a picture of the fifth facility, an add-on to the existing apparatus bays. 45 Westlake Fire-EMS Master Plan 46 Westlake Fire-EMS Master Plan 47 Westlake Fire-EMS Master Plan 48 Westlake Fire-EMS Master Plan 49 Westlake Fire-EMS Master Plan 50 Westlake Fire-EMS Master Plan 51 Westlake Town Council T YPE OF A CTION Workshop -Discussion Item 7¤²³« ª¤ 4®¶­ #®´­¢¨« -¤¤³¨­¦ Monday, August 29, 2022 T OPIC:Presentation and discussion of 2022 Utility Rate study from NewGen Strategies & Solutions . S TAFF C ONTACT: Jarrod Greenwood, Deputy Town Manager Strategic Alignment Outcome Vision, Value, Mission Perspective Strategic Theme & Results Objective Exemplary Service & Governance - We set the standard by delivering Increase Financial Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Capacity / Reserves educational services at the lowest cost. Time Line - Start Date: October 1, 2022 Completion Date: October 1, 2022 Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A E XECUTIVE S UMMARY (I NCLUDING A PPLICABLE O RGANIZATIONAL H ISTORY) The purpose of a rate study, within our community, is to determine whether the Utility Fund is accomplishing fullcost recovery for services while maintaining an appropriate fund reserve balance in accordance with the Town’s adopted Financial Policy. The new rate study was performed byour rate consultant, NewGen Strategies & Solutions, that has a national presence and is used considerably across our region. NewGen Strategies & Solutions, is a management and economic consulting firm specializing in serving the utility industry. They provide financial, cost of service (COS), rate design, valuation, strategy, expert witness, stakeholder, and sustainability consulting services to a variety of clients including Page 1 of 2 municipalities, counties, water supply corporations, irrigation districts, councils of government, regional and state agencies and commissions, state and federal courts, and state and federal oversight agencies. Their expertise includes litigation support in state and federal legal and regulatory proceedings, utility business and financial planning, and sustainability strategy for water, wastewater, solid waste, electric, and natural gas utilities. The Town of Westlake’s 2022 Utility Rate Study provides a comprehensive review of historical and projected water/sewer consumption and revenues, capital assets, depreciation, operation and maintenance expenses, and debt. Key drivers of the proposed rates includes a projected increase in the number of customers, current debt obligations, and wholesale water/sewer rate alignment. RECOMMENDATION Staff recommends maintaining the current residential and commercial water rates, while increasing residential and commercial wastewater rates as follows: Proposed WW Proposed WW Base Rate Increase Volume Rate Increase Residential 5% 5% Commercial 5% 5% A TTACHMENTS Presentation DRAFT Rate Table Page 2 of 2 Exhibit “A” DRAFT Base Service Rate Table Charges ResidentialCommercial Meter Size Water Sewer Water Sewer 3/4"$52.92 $44.77$57.33 $52.80 1"$88.38$82.65$95.74$98.73 1 1/2"$176.22$151.53$190.91$181.38 2"$282.06$239.92$305.57$288.14 3"$617.58$517.72$669.04 $621.04 4"$1,111.32$883.92$1,203.93$1,060.70 6"$1,822.43 $1,830.98$4,247.93$2,033.01 8"$2,649.31 $2651.76$5,339.41$2,929.57 Volume Charge Rate per 1,000 gallons Residential Commercial Volume (gallons) Water Sewer Water Sewer 0 -2,000 $4.32$0.00 $4.76$10.06 2,001 - 20,000$4.32$8.36$4.76$10.06 20,001 - 40,000$5.66$8.36$6.23$10.06 40,001 - 400,000$6.98$8.36$7.69$10.06 over 400,000 $9.03$8.36$9.93$10.06 Deposits OrdinanceXXX Page 1of 2 Residential Commercial Meter SizeWaterSewerWaterSewer 3/4" $90 $60 $75 $60 1"$150 $100 $100 $100 1 1/2" $300 $200 $250 $200 2" $480 $320 $500 $320 3" $1,050 $700 $1,000 $700 4" $1,800 $1,200 $2,500 $1,200 6" $3,750 $2,500 $3,500 $2,500 8" $5,400 $3,600 $5,000 $3,600 Tap Fees Minimum Service Water Connection Tap Fee** Meter set on Existing Street Meter Size Service LineTap Fee Cut/Bore 3/4" $600 $3,500 $2,500 1"$650 $3,500 $2,500 1 1/2" $875 $3,500 $2,500 2" Disc$1,100 $3,500 $2,500 Minimum Service Sewer ConnectionTap Fee** Existing Street Depth Service LineTap FeeCut/Bore 0 - 6 feet $375 $3,000 $3,000 6 - 12 feet $375 $3,000 $3,000 12 - 18 feet $375 $3,000 $3,000 ** Service Tap fees for connection installed by Town will be actual cost to Town plus 10%. Does not include City of Fort Worth water or other impact fees. Ordinance XXX Page 2 of 2 supporting - over time term financial plan that includes capital investments required for a sustainable - Review water and sewer funds to maintain financial stabilityPrepare longsystem The water and sewer enterprise funds should be financially selfThe utility should maintain reserves to provide for contingencies and unplanned expenses Water and sewer rates should be kept as low as possible ••• Annual Revenue Requirement Projects Expenses Outstanding Debt Contributions to Reserves Operating and Maintenance Planned Capital Improvement Millions Millions B LOCK B H OTEL JV B LOCK B D ETAILED S ITE P LAN B LOCK B S ITE P LAN I N P ROGRESS E NTRADA O VERALL S ITE P LAN P HASE II H IGHLIGHTED E NTRADA P HASE II R ESTAURANT B UILDING N OMENCLATURE C URRENT P LAT D AHLIAS FINISH OUT PLANS T ENANT S PACE 1 AND 2 IN R EST A R EST B-C-D C URRENT S HELL C ONFIGURATION P EDESTRIAN B RIDGE P ATIO S PACE R EPOSITORY L OCATION IN W ESTLAKE JV P ARCELS JV P ARCELS B LOCK L 3,4,5 REGULAR AGENDA ITEMS TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, August 29, 2022 TOPIC: Presentation of Leading the Way Award STAFF: Jon Sasser, Director of Communications STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Education - Westlake is Informed & Engaged Municipal & an international educational leader Increase Financial Citizens / Sense of Academic Operations where each individual's potential is Capacity / Reserves Community maximized. M AYORAL R EMARKS: The Town of Westlake is truly setting the standard for service. We received an award from the ETC Institute for ranking in the top 10% of all cities across the country for service to their residents. This was based on the surveys that were sent out to you earlier this year. ETC Institute’s “Leading the Way Award” was created to recognize local governments for outstanding achievement in the delivery of services to residents. Recipients of this award rank in the top 10% of all local governments in the United States with regard to their composite performance in the three core areas that are assessed in ETC Institute’s survey. Those three categories include: o satisfaction with the overall quality of services o satisfaction with customer service provided by employees o satisfaction with the value residents think they receive for local taxes and fees. Based on these criteria a point system is issued, the Town of Westlake’s composite rating was 52 points above the national average for all cities in the United States. To say we are proud would be an understatement and we have all of you to thank for it. With your help, Westlake has and always will be Distinctive by Design!” Page 1 of 1 Town of Westlake Proclamation WHEREAS, The Town of Westlake has been blessed with dedicated and visionary leaders that have guided the Town’s growth and development; and WHEREAS, The Town Council of the Town of Westlake is proud to recognize Mr. Scott Bradley for his years of distinguished and outstanding service to the community; and WHEREAS, Mr. Bradley has faithfully served as the chair of the planning and zoning commission for Westlake; WHEREAS, Mr. Bradley also served as president of the Texas Student Housing Authority, awarding over 2,700 scholarships in the past 25 years; and WHEREAS, After 15 years of service to his community, Scott Bradley was elected Westlake’s mayor and remained in that position for the next 14 years; and WHEREAS, Mr. Bradley’s service to the Town includes many worthwhile and lasting accomplishments too numerous to name individually. NOW, THEREFORE, I, Sean Kilbride, Mayor of the Town of Westlake, am honored to present Mr. Scott Bradley with this proclamation in recognition of his dedicated service and significant achievements while serving on the Town Council and Board of Trustees. I urge all to acknowledge his service, leadership and commitment as a Town of Westlake resident. IN WITNESS THEREOF, I have hereunto set my hand and caused the official seal th of the Town of Westlake, Texas to be affixed this 29 day of August, 2022. _____________________________________ Sean Kilbride, Mayor Town Council Meeting Monday, August 29, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Town Town of Westlake/Municipal Court Closed for Labor Day Council/Board Monday, September 5, 2022 Coffee & Conversation of Trustees Tuesday, September 6, 2022; 8-9:30 am Sip Stir Coffee, 1300 Solana Blvd, Westlake College Fair Monday, September 12, 2022; 1-3 pm Item # 4–Items of Westlake Academy Campus Community Interest Town Council Meeting Monday, September 12, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Planning & Zoning Meeting Monday, September 19, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 North Texas Giving Day Thursday, September 22, 2022; (All Day) Fall Concert #1: Texas High Road Thursday, September 22, 2022; 6:30-8:00 pm 1300 Solana Blvd, Westlake Town Council Meeting Monday, September 26, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Westlake Academy Homecoming Friday, September 30, 2022; (All Day) Items to mention: New Staff and new parent receptions Back-to-school nights First Day of School Live streaming analytics Town Council photos (Sept 12 at 4 pm?) MINUTESTOWN COUNCIL & WESTLAKEACADEMYBOARD OF TRUSTEES 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 August 8, 2022 2:00 P.M. CLOSED EXECUTIVE SESSION 3:00 P.M. WORK SESSION 5:00 P.M. REGULAR MEETING PRESENT: Mayor Sean Kilbride, Council/Board of Trustee Members Anna White, David Quint, Chandrika Dasgupta and Kim Greaves, Tim Shiner OTHERS PRESENT: Deputy Town Manager Jarrod Greenwood, Assistant Town Manager Troy Meyer, Town Secretary Amy M. Piukana; Attorney Janet Bubert; Head of School Sean Wilson; Director of Finance Amber Karkauskas; Director of Human Resources Sandy Garza; Fire Chief Richard Whitten; Deputy Fire Chief Jon Ard; Director of Communications Jon Sasser; Director of Planning and Development Ron Ruthven; Academic Finance Manager Marlene Rutledge; Executive Director Westlake Academy Foundation Shelly Myers CLOSED EXECUTIVE SESSION (2 P.M.) 1. Call to order Mayor Kilbride called the meeting to order at 2 p.m. and announced the following closed session items would be discussed below. 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) – Consultation with Attorney – 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 551.074 – Deliberation Regarding Personnel Matters to Consider appointment to Quasi- Judicial Board (Planning and Zoning Commission); and to Consider appointment of Town Council member to fill a vacancy c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager - Town Secretary d. Section 551.071(2) – Consultation with Town 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: - Town Manager Contract; and - Fire Department Operations WORK SESSION – (3 P.M.) Mayor Kilbride opened the Work Session meeting at 3:20 p.m. 3. RECONVENE WORK SESSION MEETING TO DISCUSS: – - 4. PRESENTATION AND DISCUSSION REGARDING PROPOSED FY 22/23 ACADEMIC BUDGET Director of Finance Amber Karkauskas and Academic Finance Manager Marlene Rutledge provided a presentation of the FY 22/23 Academic Budget. 5. PRESENTATION AND DISCUSSION OF AD VALOREM TAX RATE Director of Finance Amber Karkauskas provided a presentation regarding the AD Valorem Tax Rate. 6. COUNCIL RECAP / STAFF DIRECTION Deputy Town Manager Jarrod Greenwood provided a Council Recap. REGULAR MEETING (5 P.M.) 7. CALL TO ORDER – Mayor Kilbride called the regular meeting to order at 5:22 p.m. 8. PLEDGE OF ALLEGIANCE – Mayor Kilbride led the Pledge of Allegiance and Pledge to the Texas Flag. 9. CITIZEN/PARENT 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. The following resident(s) spoke under citizen comments: Resident and former Council Member Raj Trivedi spoke regarding the importance of transparency. 10. ITEMS OF COMMUNITY INTEREST: Director of Communications Jon Sasser provided an update on items of community interest. 11. 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 approval of the Joint Town Council/Board of Trustees meeting minutes from the following meetings: June 16-17, 2022 Budget Retreat June 21, 2022 Regular Meeting June 27, 2022 Special Called Meeting July 15, 2022 Special Called Meeting July 21, 2022 Special Called Meeting b. Consider approval of a Resolution 22-39 designating the Star Telegram as the Official Newspaper. c. Consider approval of a WA Resolution 22-16 establishing Westlake Academy Special Education Policy and Procedures. d. Consider approval of a Resolution 22-44 authorizing changes to the signers on all Town of Westlake Solana PID depository accounts with US Bank. e. Consider approval of a Resolution 22-45 authorizing changes to the signers on Town of Westlake Depository Accounts with First Financial Bank and TexPool. f. Consider approval of a Resolution 22-46 authorizing changes to the signers on Town of Westlake Insurance Trust Account with First Financial Bank. g. Consider approval of Resolution 22-49 amending the signers on the Town of Westlake’s PNC Account Mayor Pro Tem Quint made a motion to approve Consent items 11a. through 11g. Motion seconded by Council Member White. Motion approved unanimously. 12. REPORTS: Reports are prepared for informational purposes and will be accepted as (there will be no presentations associated with the report items) There will be no separate presented. discussion unless a Town Council Member requests that report be removed and considered separately There are no reports scheduled. MUNICIPALSERVICES 13. Consider approval of Resolution 22-41 for appointment of Town Council Member to fill a vacancy for seat ending in May 2023 Motion made by Mayor Pro Tem Quint, seconded by Council Member Greaves that Tim Shiner be appointed to the Town Council to fill a vacancy for term ending May, 2023. Motion approved unanimously. The Town Secretary Amy Piukana provided the Oath of Office. 14. Consider approval of Resolution 22-40 appointing members to the Planning and Zoning Commission Mayor Kilbride announced the following slate of members be appointed to the Planning and Zoning Commission: Victor Sansone III (Regular Seat/Term Ending June 2024); Adam Coffey (Regular Seat-Term Ending June 2024); Tammy Reeves (Alt #1 – Term Ending June 2024); Adam Coffey (Alt#2 – Term Ending June 2024); Paresh Patel (Alt#3 – Term Ending June 2024). Motion made by Mayor Pro Tem Quint to approve the above appointments, seconded by Council Member White. Motion approved unanimously. 15. Consider approval of Resolution 22-23 accepting a generous grant to be used exclusively for the architectural planning of improvements to the gymnasium and the sport field study completed at 2600 J.T. Ottinger Road Assistant Town Manager Troy Meyers briefed Town Council regarding this item. Mr. Meyers explained the Westlake Academy Athletic Club (WAAC) was working with the Colby family to allow the Town to receive a donation to improve the campus’ sports facilities. The use of funds is restricted to the following: architect firm, engineering firm, construction costs and new equipment exclusively for the Gym, Fieldhouse, and two sports facilities improvements. Mr. Meyers reviewed the timeline and scope of work. After discussion, a motion was made by Council Member Greaves to approve Resolution No. 22-23, as presented. Motion seconded by Council Member Dasgupta. Motion approved unanimously. 16. Consider approval of Resolution 22-47 authorizing the execution of an agreement with Bennet Partners to provide programming and schematic design for the Westlake Academy expansion of the Sam & Margarete Lee Arts and Sciences Center in an amount not to exceed $25,000 on the project Assistant Town Manager Troy Meyers briefed Town Council noting tonight the Council will consider approving the agreement with Bennet Partners to complete the programming and schematic design for the two-story A&S expansion with the 10 general use classrooms, two art rooms, three science labs and administration offices to the Arts & Science building funded from the WA capital improvement fund and the A&S restricted funds. Motion made by Council Member Greaves and seconded by Council Member White to approve Resolution No. 22-47, as presented. Motion approved unanimously. 17. Consider approval of Resolution 22-48 approving the tax rolls for tax year 2022 on property within the Town; approving the estimated tax collection rate; and designating an official to calculate the no new revenue and voter approval tax rates Director of Finance Amber Karkauskas briefed Town Council regarding this item. The resolution presented is provided pursuant to Section 26.04 of the Texas Property Tax Code, which requires the assessor for a taxing unit to submit the total appraised value, the total assessed value, and the total taxable value of the property within the unit's boundaries to the unit's governing body by August 1st or as soon thereafter as practicable. Ms. Karkauskas noted the below percentages have been certified by Wendy Burgess, Tarrant County Tax Assessor-Collector and used for the calculation of Tax Year 2022 anticipated collection rate within the Truth in Taxation (TNT) worksheet. These collection rate numbers are for both Tarrant and Denton counties as Tarrant County. Tax Year 2019 Actual Collection Rate 101.23% Tax Year 2020 Actual Collection Rate 99.29% Tax Year 2021 Actual Collection Rate 100.45% Tax Year 2022 Anticipated Collection Rate100.00% Tax Year 2021 Excess Debt Collection $ 32,623 Certified Preliminary Tarrant County Denton County Total Certified Values $ 1,870,841,374 $ 89,026,073 $ 1,959,867,447 Under Protest and Incomplete 113,703,227 224 113,703,451 Projected Assessed Valuation $ 1,984,544,601 $ 89,026,297 $ 2,073,570,898 New Construction (Taxable) Commercial $ 9,400,900 $ - $ 9,400,900 Residential58,048,690 58,048,690 $ 67,449,590 $ - $ 67,449,590 Average Single-Family Market Value$ 2,578,547 Average Single-Family Taxable Value$ 1,971,679 ** Pending Certified Tax Rolls from Denton County as of 8/4/22. Ms. Karkauskas explained one of the new requirements is that an officer or employee be designated by the governing body to calculate the no-new-revenue tax rate and the voter- approval tax rate for the taxing unit after the assessor submits the certified appraisal roll. Staff recommends the designation of the Town Manager or the Director of Finance as that officer or employee responsible for complying with Section 26.04(c) of the Tax Code. Motion made by Mayor Pro Tem Quint to approve the Tax Rolls for Tax Year 2022 on property within the Town; approving the estimated Tax Collection Rate; and designating an official to calculate the No-New-Revenue and Voter-Approval tax rates. Motion seconded by Council Member Greaves. Motion approved by the following roll call vote: Motion approved by the following roll call vote: In Favor: Opposed: Motion prevailed by vote of 5-0. 18. Consider approval of Resolution 22-50 adopting a Maximum Proposed Ad Valorem Tax Rate, Take a Record Vote, and Setting the Date for the Public Hearing and Adoption of the Operating Budget and Tax Rate for Fiscal Year 2022-2023 Director of Finance Amber Karkauskas briefed Town Council regarding this item. The Fiscal Year 2023 proposed budget was prepared based on a total tax rate of $0.16788, the current ad valorem tax rate. Staff is proposing Westlake’s ad valorem rate remain the same for the upcoming year. As required by State law, staff is recommending the Town Council consider a motion to hold a public hearing on the proposed ad valorem tax rate of $0.16788 and the operating budget. Since the proposed tax rate for fiscal year 2023 exceeds the fiscal year 2022 NNR rate, the Town Council must adopt the rate by roll call vote and provide the public with notice and opportunity to be heard, per Senate Bill 2, regarding the adoption of the Westlake tax rate. Notice and opportunity can be accomplished by publishing notice of, and then holding, one public hearing regarding the proposed ad valorem tax rate. Ms. Karkauskas explained the proposed date for the Westlake tax rate adoption public hearing is Monday, August 29, 2022, at 5:00 p.m. at Westlake Town Hall, 1500 Solana Boulevard, Bldg.7-First Floor in the Council Chambers. Motion made by Mayor Pro Tem Quint to set the date of August 29, 2022 for the Public Hearing and set the Ad Valorem Tax Rate of $0.16788 and adoption of the Operating Budget for the Fiscal Year 2023. Motion seconded by Council Member White. Motion approved by the following roll call vote: In Favor: Opposed: Motion prevailed by vote of 5-0. WESTLAKEACADEMY 19. Consider approval of WA Resolution 22-12 for the Adoption of the WA School Calendar 2022- 23 Head of School Sean Wilson briefed Town Council regarding this item. Mr. Wilson explained the new calendar reflects late start Wednesdays. (9:30 a.m.) Mr. Kilbride explained why this day and time was chosen and his vision for the after hour program. After discussion, motion made by Mayor Pro Tem Quint to approve WA Resolution 22-12, as presented. Motion seconded by Council Member White. Motion approved unanimously. 20. Consider approval of WA Resolution 22-15 approving the Westlake Academy Compensation Plan (Stipend Pay and Substitute Pay) for the FY 2022-23 Motion made by Council Member Greaves to approve WA Resolution 22-15, with Exhibit A, Opt #2 and Exhibit B Opt#2, as presented. Motion seconded by Mayor Pro Tem Quint. Motion approved unanimously. 21. Consider approval of WA Resolution 22-19 authorizing the execution of a contract with the Education Service Center Region 11 for various Business and Student Support Services for the FY 2022-23 operations of Westlake Academy Director of Finance Amber Karkauskas and Academic Finance Manager Marlene Rutledge provided a presentation on Education Service Center Region 11. Ms. Rutledge explained this product provides support to Westlake Academy for business and student services. After discussion, a motion was made by Mayor Pro Tem Quint to approve WA Resolution 22- 19, as presented. Motion seconded by Council Member Greaves. Motion approved unanimously. 22. Presentation and discussion concerning the 2022 Westlake Academy student performance on the International Baccalaureate (IB) and Advanced Placement (AP) assessments Dr. Owens provided a PowerPoint presentation on Westlake Academy student performance. Council Member Dasgupta suggested collaboration to ensure teachers have a better vertical alignment for a stronger Spanish language program. No action was taken on this item. 23. Consider approval of WA Resolution 22-18 awarding the bid for property/casualty insurance products and services to Box Director of Human Resources Sandy Garza briefed Town Council regarding this item. Ms. Garza explained Bids have been solicited and received for Westlake Academy’s annual insurance renewal. The insurance policies contained in this package include Property, General Liability, Umbrella Liability, Workers Compensation, Auto, Crime, International Travel, Cyber Liability, and a Student Accident policy. Box Insurance Agency was the only submission that was received by the bidding deadline. This was also the only bid containing all lines of coverage. This quote reflects an overall price increase of $12,738 from FY 2021-2022. Motion made by Mayor Pro Tem Quint, seconded by Council Member White to approve WA Resolution 22-18, as presented. Motion approved unanimously. 24. Conduct a public hearing and consider approving WA Resolution 22-20 amending the FY 22- 23 Westlake Academy Budget and adopting the proposed budget for Fiscal Year ending August 31, 2023 Mayor Kilbride opened the public hearing. There being no one present to speak; Mayor Kilbride declared the public hearing closed. Motion made by Mayor Pro Tem Quint to approve WA Resolution 22-20, as presented. Motion seconded by Council Member White. Motion approved by the following roll call vote: In Favor: Abstain: Motion prevailed by vote of 4-1 25. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS As result of closed executive session (Item 2c.) a motion was made by Mayor Pro Tem Quint to approve a voluntary severance agreement with the Town of Westlake and Town Manager Amanda DeGan. Motion seconded by Council Member White. Motion approved by the following roll call vote: In Favor: Abstain: Motion prevailed by vote of 4-1 26. COUNCIL RECAP/STAFF DIRECTION Deputy Town Manager Jarrod Greenwood provided a Council recap. 27. FUTURE AGENDA ITEMS: These items have been discussed by Town Council and scheduled to be placed on future Council Agendas allowing for adequate time for staff preparation on the agenda item. Mayor Kilbride requested an update on Entrada. (8/8/22) Council Member Greaves requested a metrics update. (8/8/22) Council Member Dasgupta requested Boards and Committees be discussed. (8/8/22) Future Agenda Items to be discussed: a. No items are scheduled for this meeting Future Agenda Items Already Discussed and Scheduled: a. Social media policy as it relates to bullying. (Wheat 11/15/21) b. Social media education policy for K-12. (Wheat 11/15/21) c. Council discuss and consider requiring developers to post a Development/Performance Bond on large projects moving forward. (White 12/13/21). 28. ADJOURNMENT – There being no further business, the Mayor declared the meeting adjourned at 7:27 p.m. Approved by: ____________________________ Sean Kilbride, Mayor Attested by: ______________________________ Amy M. Piukana, Town Secretary Westlake Town Council T YPE OF A CTION Consent Item 7¤²³« ª¤ 4®¶­ #®´­¢¨« -¤¤³¨­¦ Monday, August 29, 2022 T OPIC:Discuss approval of Resolution for annual Boards and Commissions appointments. (ZBA, EDC Type B, Texas Housing Authority) S TAFF C ONTACT: Amy M. Piukana, Town Secretary Strategic Alignment Outcome Vision, Value, Mission Perspective Strategic Theme & Results Objective High Quality Planning, Design & Informed & Engaged Development - We are a desirable Municipal & Encourage Westlake's Citizens / Sense of well planned, high-quality Academic Operations Unique Sense of Place Community community that is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date:July 13, 2022 C ompletion Date: August 29, 2022 Funding Amount: 0.00 Status - Not Funded Source - N/A E XECUTIVE S UMMARY (I NCLUDING A PPLICABLE O RGANIZATIONAL H ISTORY) Annually, the Town Council appoints and reappoints members to serve on Boards and Commissions. Today, the purpose is to discuss and review current standing boards and receive feedback on Board and Commission appointments. Zoning Board of Adjustment Description (Overall) The Town Council serves as the Zoning Board of Adjustment (ZBA), and the mayor serves as alternate. The purpose of the Board is to hear and decide an appeal that alleges requirements, decisions, or determinations made by an administrative official in the enforcement that may be specified or required by ordinance or the laws of the State of Texas. Special Qualifications Required (who we are) The Town Council serves as the Zoning Board of Adjustment with Mayor serving as alternate. Page 1 of 3 Duties (What we do) The ZBA reviews appeals of administrative decision (hardship), odd, shaped parcels, and reviews nonconforming uses, structure for legal nonconforming use, etc. The board must review items for specific criteria for granting variances. (Variance shall not adversely affect the health, safety or general welfare of the public.) Meetings (How Often) Meetings are called, as needed. Typically meets at 7 p.m. Term Length (For how long) 2 Year Terms Zoning Board of Adjustment In summary, The Town Council serves as the Zoning Board of Adjustment. The following members are proposed. o David Quint Term Expires June 2024 o Kim Greaves Term Expires June 2024 o Tim Shiner Term Expires June 2023 o Chandrika Dasgupta Term Expires June 2023 o Anna White Term Expires June 2023 o Sean Kilbride (Alt) Term Expires June 2024 This item is posted as discussion only and official action is set for the August 29, 2022, Town Council meeting. Economic Development Corporation Type B Description (Overall) The Economic Development Corporation (EDC) Type B was formed in 2006 election, which permits the Corporation to receive funds from a half-cent sales tax collected for economic development. Funds received by EDC are used to promote economic growth of Westlake and give the Corporation flexibility to assist companies with infrastructure and other items of key importance to the company and the community. Special Qualifications Required (who we are) The Town Council serves as the Economic Development Corporation. Duties (What we do) The EDC meets as necessary to consider economic development incentives for projects which impact Development in the Town of Westlake. Meetings (How Often) Meetings are called, as needed. Typically meets at 7 p.m. Term Length (For how long) 2 YearTerms Economic Development In summary, The Town Council serves as the Economic Development Corporation. The following members are proposed. Page 2 of 3 o Sean Kilbride Term Expires June 2024 o David Quint Term Expires June 2024 o Kim Greaves Term Expires June 2024 o Tim Shiner Term Expires June 2024 o Chandrika Dasgupta Term Expires June 2024 o Anna White Term Expires June 2024 This item is listed for action with approval of a resolution. Texas Student Housing Authority Description (Overall) In 1995, the Town of Westlake pursuant to Chapter 53 of the Education Code and Higher Education Authority Act created Texas Student Housing Authority. The mission of TSHA is to provide scholarships for housing to graduates of Texas High Schools and Community Colleges. Special Qualifications Required (who we are) This is a nonprofit, state chartered corporation established for the purpose of buying and managing student housing facilities located near the campuses of major colleges and universities. Meetings (How Often) Meetings are called, as needed. Term Length (For how long) 2 YearTerms Staff is seeking Council direction on this item. There are outstanding bonds, therefore dissolving the board at this time would not be an option. The Town Council shall discuss proposed reappointments of the following members below: o Scott Bradley Term Expired June 2024 o Paula Petersen Term Expired June 2023 o Katie Kolkmeier Term Expired June 2024 o James Krekow Term Expired June 2024 o Mark Harrow Term Expired June 2023 o Vacant Term Expired June 2023 Recommendation: Staff recommends the Town Council approve Resolution No. 22-40, reappointing board members, as presented. Page 3 of 3 TOWN OF WESTLAKE RESOLUTION NO.22-51 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS, REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; AND ZONING BOARD OF ADJUSTMENT WHEREAS, the Town Council conducts annual board appointments and reappointments at a June or July meeting; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1:That, all matters statedin theRecitalshereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT the following individuals are hereby appointed/reappointed to the 4B Economic Development Board: As a result of theappointments heretoforestated,the 4B Economic Development Board is represented by the following: Term Expiration – 2 Year o Sean Kilbride June 2024 o Tim Shiner June 2024 o Anna White June 2024 o Chandrika Dasgupta June 2024 o Kim Greaves June 2024 o David Quint June 2024 SECTION 3: THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Authority. As a result of the appointments heretofore stated, the Texas Student Housing Authority and the Texas Student Housing Corporation – Denton Project, are represented by the following: Resolution22-51 Page 1 of 2 Term Expiration - 2 Year o Paula Petersen June 2023 o Scott Bradley June 2024 o Katie Kolkmeier June 2024 o James Krekow June 2024 o Mark Harrow June 2023 o Vacant June 2023 Executive Director – Tracy Schornack SECTION 4: THAT the following individuals are hereby reappointed to the Zoning Board of Adjustment: As a result of the appointments heretofore stated, the Zoning Board of Adjustment is represented by the following: Term Expiration – 2 Year o Sean Kilbride, Mayor June 2024 o Tim Shiner, Council Member June 2024 o Anna White, Council Member June 2024 o Chandrika Dasgupta, Council Member June 2024 o Kim Greaves, Council Member June 2024 o David Quint, Council Member June 2024 SECTION 5: 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 6: That this resolution shall becomeeffective from and after its date of passage. th PASSEDANDAPPROVEDONTHIS 29 DAYOF AUGUST 2022. ATTEST: Sean Kilbride, Mayor Amy M. Piukana, Town SecretaryTown Manager APPROVED AS TO FORM: L. Stanton Lowry, TownAttorney Resolution22-51 Page 2 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, August 29, 2022 TOPIC: Consideration of aResolution Appointing and Reappointing Board Members to the Westlake Academy Foundation. STAFF: Amy M. Piukana, Town Secretary STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Education - Westlake is Informed & Engaged Municipal & an international educational leader Increase Financial Citizens / Sense of Academic Operations where each individual's potential is Capacity / Reserves Community maximized. SUMMARY The Westlake Academy Foundation currently has four (4) Directors with expiring terms, and each Director has communicated their desire for a three-year reappointment. In addition, two (2) applications have been received indicating interest to serve on the WAF Board of Directors. Upon approval, these applicants would assume unexpired vacancies to ensure that terms remain evenly staggered. Current Directors requiring reappointment are listed in the Resolution with terms expiring in 2025. New applicants are shown with terms expiring in 2024. STAFF RECOMMENDATION Staff recommends approval of the resolution, reappointing board members with expiring terms, and appointing new board members who have submitted applications. COUNCILACTION/OPTIONS (Council may approve or deny staff’s recommendation to appoint or reappoint any Board member.) 1. Motion to approve resolution appointing members to the Westlake Academy Foundation, as presented. 2. Motion to approve resolution appointing members to the Westlake Academy Foundation, with the following amendments… 3. Motion to table or take no action. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Page 1 of 2 Project Cost/Funding Amount: Funding Source: N/A Contract: No Forms: N/A DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy: Assistance in Financial sustainability for the Town own Westlake and enhance community engagement. Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS 1. Resolution 22-43 Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING AND REAPPOINTING MEMBERS TOTHE WESTLAKE ACADEMY FOUNDATION BOARD. WHEREAS, vacancies currently exist on the Westlake Academy Foundation Board; and, WHEREAS, the Town Council conducts annual board appointments and reappointments; and, WHEREAS, the Town Council has received applications for consideration of appointment or reappointment; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2:That the following individuals are hereby appointed or reappointed to the Westlake Academy Foundation Board of Directors: As a result of the appointments or reappointments heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Deborah Kraska June 2025 Meghan Q. Dorr June 2025 Ahu Primeaux June 2025 Patty Pinsonnault June 2025 Vacant June 2025 Term Expiration Heather Kilgore June 2024 Hue (Lilly) Jimenez – *new applicant June 2024 Sharan Sankaranarayanan – *new applicant June 2024 Vacant June 2024 Vacant June 2024 Resolution 22-43 Page 1 of 2 Term Expiration Sean ShopeJune 2023 Christine Ross June 2023 Michael Colby June 2023 Rob Fitzgerald June 2023 Tiffany Hernandez June 2023 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. th PASSED AND APPROVED ON THIS 29DAY OF AUGUST 2022. ___________________________________ Sean Kilbride, Mayor ATTEST: ________________________________________________________________________ Amy M. Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: _____________________________________ L. Stanton Lowry, Town Attorney Resolution 22-43 Page 2 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, August 29, 2022 TOPIC: Consideration of an Ordinance Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corporation, Mid-Tex Division (“Company”) regarding the Company’s 2021 Rate Review Mechanism (RRM) Filings; and Approving a Settlement Agreement with Attached Rate Tariffs and Proof of Revenues and Other Documents Connected to these Rate Proceedings. STAFF: Jarrod Greenwood, Acting Town Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design & Increase Development - We are a desirable Municipal & Transparency, Fiscal Responsibility well planned, high-quality Academic Operations Accessibility & community that is distinguished by Communications exemplary design standards. SUMMARY Most municipalities have retained original jurisdiction over gas utility rates and services within their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates it charges its customers in the only way that cities can ensure that natural gas rates are equitable and competitive. Working as a coalition, via the Atmos Cities Steering Committee, to review the rates charged by Atmos allows cities to accomplish more collectively than each Town could do acting alone. Cities have more than 100 years’ experience in regulating natural gas rates in Texas. The Town, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Page 1 of 4 Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2022, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2021, entitled it to additional system-wide revenues of $141.3 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $115 million, $83.26 million of which would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $95.8 million instead of the claimed $141.3 million. The Executive Committee recommends a settlement at $115 million. The Effective Date for new rates is October 1, 2022. ACSC members should take action approving the Resolution/Ordinance before September 30, 2022. RATE TARIFFS Atmos generated rate tariffs attached to the Ordinance will generate $115 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $4.60 on a monthly basis, or 6.7 percent. The increase for average commercial usage will be $14.34 or 4.3 percent. Atmos provided bill impact comparisons containing these figures. (see attached) SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2022, ACSC residents will maintain an economic monthly advantage over GRIP and DARR rates. Page 2 of 4 Comparison to Other Mid-Tex Rates (Residential) Average Bill Compared to RRM Cities RRM Cities: $73.22 - DARR: $71.96 ($1.26) ATM Cities: $78.72 $5.50 Environs: $78.53 $5.31 Note: DARR rate is as-filed 1/22/22. Also note that DARR uses a test year ending in September rather than December. EXPLANATION OF “BE IT RESOLVED” PARAGRAPHS: 1. This section approves all findings in the Ordinance. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section makes it clear that cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional $115 million from ACSC Cities. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section requires the Company to reimburse the Town for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Ordinance approving new rate tariffs. 7. This section repeals any resolution or ordinance that is inconsistent with the Ordinance. 8. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 9. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution/Ordinance. This section further directs that the remaining provisions of the Resolution/Ordinance are to be interpreted as if the offending section or clause never existed. 10. This section provides for an effective date upon passage. 11. This section directs that a copy of the signed Resolution/Ordinance be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $141.3 million in additional system-wide revenues, the RRM settlement at $115 million for ACSC Cities reflects substantial savings to ACSC Cities. Settlement at $115 million is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Ordinance before September 30, 2022. New rates become effective October 1, 2022. Page 3 of 4 COUNCILACTION/OPTIONS Approve the proposed Atmos Rate Settlement Ordinance Reject the proposed Atmos Rate Settlement Ordinance STAFF RECOMMENDATION Staff recommends approval. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels:The proposed Rate Settlement Ordinance provides Westlake residents with more equitable and competitive rate. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:The proposed Ordinance will not impact the Academy’s operations. Comprehensive Plan: The proposed Ordinance does not impact the Comp Plan. Cost Recovery Analysis: The proposed Ordinance is not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Ordinance does not have an impact on traffic. ATTACHMENTS 1. Average Bill Comparison Table 2. Proposed ATMOS Rate Ordinance 3. Attachments to proposed Rate Ordinance Page 4 of 4 WP_J-3.1 Page 1 of 2 4.60 6.71%14.344.29% ChangeChange $$ 4.41 21.5515.8715.6615.7368.8173.2263.5048.8791.7120.99 123.56327.64348.63 ProposedProposed $$$$$$ 4.13 20.8512.2515.6615.7364.4968.6256.5042.3991.7120.13 123.56314.16334.29 CurrentCurrent $$$$$$ ================ 0.279790.357440.359180.362230.357440.359180.122630.357440.265320.141370.357440.26532 $$$$$$$$$$$$ 0.064080.064080.064080.06408 XXXXXXXXXXXXXXXX 64.4968.81 314.16327.64 CCFCCFCCFCCFCCFCCFCCFCCFCCFCCFCCFCCF $$$$ TEST YEAR ENDING DECEMBER 31, 2021 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES 43.843.843.843.843.843.8 345.7345.7345.7345.7345.7345.7 SubtotalTotalSubtotalTotalSubtotalTotalSubtotalTotal Customer chargeConsumption chargeRider GCR Part ARider GCR Part BRider FF & Rider TAXCustomer chargeConsumption chargeRider GCR Part ARider GCR Part BRider FF & Rider TAXCustomer chargeConsumption chargeRider GCR Part ARider GCR Part BRider FF & Rider TAXCustomer chargeConsumption chargeRider GCR Part ARider GCR Part BRider FF & Rider TAX Rate R @ 43.8 CcfRate C @ 345.7 Ccf 123456789 1011121314151617181920212223242526272829303132333435 Line No. WP_J-3.1 Page 2 of 2 1.84%7.40% 388.38388.38 ChangeChange $$ -- 740.85740.85339.39 1,204.501,004.692,346.331,296.211,204.501,004.692,346.335,296.375,635.76 14,931.8620,228.2321,524.44 ProposedProposed $$$$$$ -- 649.50880.80649.50880.80316.00 1,054.752,346.331,272.821,054.752,346.334,931.385,247.38 14,931.8619,863.2421,136.06 CurrentCurrent $$$$$$ ====================== 0.43300.31710.06803.49060.54850.49390.36170.07763.49060.54850.43300.31710.06800.54850.49390.36170.07760.5485 $$$$$$$$$$$$$$$$$$ 0.064080.064080.064080.06408 XXXXXXXXXXXXXXXXXXXXXX 4,931.385,296.37 19,863.2420,228.23 MMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTUMMBTU $$$$ TEST YEAR ENDING DECEMBER 31, 2021 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES 0000 1,5002,7784,2784,2781,5002,7784,2784,2781,5002,7784,2781,5002,7784,278 SubtotalTotalSubtotalTotalSubtotalTotalSubtotalTotal Customer chargeConsumption chargeConsumption chargeConsumption chargeRider GCR Part ARider GCR Part BRider FF & Rider TAXCustomer chargeConsumption chargeConsumption chargeConsumption chargeRider GCR Part ARider GCR Part BRider FF & Rider TAXCustomer chargeConsumption chargeConsumption chargeConsumption chargeRider GCR Part BRider FF & Rider TAXCustomer chargeConsumption chargeConsumption chargeConsumption chargeRider GCR Part BRider FF & Rider TAX Rate I @ 4278 MMBTURate T @ 4278 MMBTU 36373839404142434445464748495051525354555657585960616263646566676869707172737475 Line No. ORDINANCE NO. 949 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2021 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCEWAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE;AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the Townof Westlake, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the Town in a rate Ordinance in 2018; and WHEREAS, on about April 1, 2022, Atmos Mid-Tex filed its 2022 RRM rate request with ACSC Cities based on a test year ending December 31, 2021; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2022 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and Ordinance 949 Page 1 of 3 WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $115 million on a system-wide basis with an Effective Date of October 1, 2022; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the Town Council finds that the settled amount of an increase in revenues of $115 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2022 RRM filing, is in the public interest, and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $115 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Ordinance 949 Page 2 of 3 Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company’s 2022 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the TownOrdinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2022. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED ON THIS 29TH DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor ____________________________ ______________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 949 Page 3 of 3 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE:R– RESIDENTIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccfcharges to the amounts due under the riders listed below: ChargeAmount Customer Charge per Bill$ 21.55per month 1 Rider CEE Surcharge$ 0.05per month Total Customer Charge$ 21.60per month Commodity Charge – All Ccf$0.36223 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1 Reference Rider CEE - Conservation and Energy Efficiencyas approved in GUD 10170. Surcharge billing effective July 1, 2022. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATESCHEDULE:C–COMMERCIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than30,000 Ccf. Type of Service Where service of the typedesired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccfcharges to the amounts due under the riders listed below: ChargeAmount Customer Charge per Bill$63.50per month 1 Rider CEE Surcharge($0.01)per month Total Customer Charge$63.49per month Commodity Charge –All Ccf$0.14137per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a)and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to theCompany’s Tariff for Gas Service. 1 Reference Rider CEE -Conservation and Energy Efficiencyas approved in GUD 10170. Surcharge billing effective July 1, 2022. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE:I–INDUSTRIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Renderedon or after 10/01/2022 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtuper day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: ChargeAmount Customer Charge per Meter$1,204.50per month First 0 MMBtu to 1,500 MMBtu$0.4939per MMBtu Next 3,500 MMBtu$0.3617per MMBtu All MMBtu over 5,000 MMBtu$0.0776perMMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Dailypublished for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Dailyin the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized asauthoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE:I–INDUSTRIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Renderedon or after 10/01/2022 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE:T –TRANSPORTATION APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: ChargeAmount Customer Charge per Meter$1,204.50per month First 0 MMBtu to 1,500 MMBtu$0.4939per MMBtu Next 3,500 MMBtu$0.3617per MMBtu All MMBtu over 5,000 MMBtu$0.0776per MMBtu Upstream Transportation Cost Recovery:Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated inaccordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Dailyin the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each monththat exceeds 10% of Customer’s receipt quantities for the month. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE:T –TRANSPORTATION APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Dailypublished for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Dailyin the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER:WNA –WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 Provisions for Adjustment The Commodity Charge per Ccf (100cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residentialand commercial bills based on meters read during the revenue months of November through April.The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccfby the following formula: (HSFx (NDD-ADD) ) i WNAF=R ii (BL+(HSFx ADD) ) ii Where i =any particular Rate Schedule or billing classification within any such particular Rate Schedulethat contains more than one billing classification th WNAF = Weather Normalization Adjustment Factor for the irate schedule or i classification expressed in cents per Ccf th R =Commodity Charge rate of temperature sensitive sales for the ischedule or i classification. th HSF =heat sensitive factor for the ischedule or classification divided by the i average bill count in that class NDD =billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD =billing cycle actual heating degree days. th Bl =base load sales for the ischedule or classification divided by the average i bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: =WNAFx q WNA iiij Where qis the relevant sales quantity for the jth customer in ith rate schedule. ij MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER:WNA –WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE:Bills Rendered on or after 10/01/2022 Base Use/Heat Use Factors ResidentialCommercial Base use Heat useBase use Heat use D Weather Station Ccf Ccf/HDD Ccf Ccf/HD Abilene10.580.142288.850.6666 Austin9.900.1372233.560.7819 Dallas14.170.1938186.380.9394 Waco10.070.1308140.100.7170 Wichita 11.430.1398131.570.5610 Falls Weather Normalization Adjustment (WNA)Report On or beforeJune 1 of each year, the company posts on itswebsite at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Reportto show how the company calculated its WNAs factor during the preceding winter season. Additionally, on orbefore June 1 of each year, the company files one hard copy and anExcel version of the WNA Reportwith the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, August 29, 2022 TOPIC: Consider a resolution authorizing the Town Manager to approve a proposal withControl Specialist Services, LPfor the installation of the newpump and motor to replace pump number one at the existing pump station and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. STAFF: Troy Meyer, Assistant Town Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design & Development - We are a desirable Improve Technology, Planned / Responsible People, Facilities, & well planned, high-quality Facilities & Development Technology community that is distinguished by Equipment exemplary design standards. SUMMARY On April 25, 2022, the Town Council approved an Interlocal Agreement with the City of Plano to provide the Town with cooperative purchasing that leverages favorable pricing for products and services that were secured through the competitive bidding process. By entering the ILA with the City of Plano this will provide cost effective maintenance and repairs/replacement for pump services with Control Specialist Services, LP. The total cost of the pump and motor is $88,714.00 and is an 18-to-25-week lead time on the delivery and installation of the pump. This project is included in the FY 2021-2022 Utility CIP budget with a current balance of $175,000.00. The remaining balance will be used for the additional power needs, control systems, rebuilding the current pump and miscellaneous parts for the small and larger pump installation. On June 21, 2022 the Town Council approved the proposal from Control Specialist Services, LP to purchase a new pump and motor to replace pump number oneat the Westlake Pump Station. The new pump is replacing a 700gpm pump and motor that was installed in 2000, due to the age and size of the current pump and motor. The new pump and motor will be 3700gpm, which will Page 1 of 2 meet the current and future water demands for the Town. The existing smaller pump will be rebuilt and reinstalled as a backup. Thisproposal includes all labor and materials to install the new 3700gpm pump and motor that was approved by the Town Council on June 21, 2022. The total cost for the installation is $171,948.00 which is funded by the FY 2021-2022 Utility Capital project fund. COUNCILACTION/OPTIONS Approve the proposed Resolution Reject the proposed Resolution STAFF RECOMMENDATION Staff is recommending the approval for the installation of the new 3700gpm pump and motor from Control Specialist Services, LP for $171,948.00. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $171,948.00 Funding Source: Utility Fund Contract: No Forms: Forms 1295 & 2270 Service Levels: To meet the needs of current and future water demands dueto the growth of the Town. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:N/A Comprehensive Plan: N/A Cost RecoveryAnalysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution Exhibit A Proposal Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-54 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE ACTING TOWN MANAGER TO APPROVAL A PROPOSAL WITH CONTROL SPECIALIST SERVICES., LP FOR THE INSTALLATION OF THE NEW PUMP AND MOTOR AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates a water pumping station on US 377 and provides water to the Westlake community; and, WHEREAS, the Town of Westlake finds the installation of a 3700gpm pump and motor at the Westlake Pump Station is needed for future water demands for the Westlake community; and, WHEREAS, on June 21, 2022, Town Council approved the purchase of a new pump and motor to replace pump number 1 at the Westlake Pump Station. The new pump is replacing a 700gpm pump and motor; and, WHEREAS, The proposal from Control Specialist Services., LP. Include the Install of the new 3700gpm pump and motor and all labor and materials; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2:That the Town Council of the Town of Westlake hereby authorizing the Town Manager to approve the proposal to install a 3700gpm pump and motor with Control Specialist Services, LP as attached as Exhibit “A” and authorize Town Manager to make funding changes not to exceed $25,000 on this project. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 22-54 Page 1 of 2 TH PASSED AND APPROVED ON THIS29DAY OF AUGUST 2022. ___________________________________ Sean Kilbride, Mayor ATTEST: ___________________________________________________________________ Amy M. Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 22-54 Page 2 of 2 Proposal Legacy Contracting, L.P. Dba Control Specialist Services, L.P. PO Box 1479 Decatur, TX 76234DATE:July 28, 2022 www.csstex.com To:Town of Westlake Location:377 pump stationadd #5 pump,motor,electrical,VFD,pipingcomplete set up. Attn:Kory Kittrell Public Works Superintendent Contract #2021-0125A This estimate includes the following services: Install new pump skid complete Install new piping Installnew valves New wire, conduit, fittings New supports Bermad pump control valve Bolts, gaskets, anchors, pvc & fittings NewSiemens VFD NewScada panel for pump 5 add(Scadaprogramming by others) Material 1-1each Bermad 16740Q 03 with 3/83-waysolenoid 120/60$44,244.00 2-1each Siemens250hp VFDpanel 460v variable torquestandalone$42,820.00 3-1 each 24x 24x 10 wall mount panelforpump 5 controlsScada$780.00 4-4 each pilotlights push-to-test,1 each hr.meter,1eachHOAswitch$ 1,545.00 5-1each air&vacuumvalve$3,267.00 6-New piping all flangedsteelwith taps for air release (coating & lining Tnemec N-140 8 to 10mills)$16,266.00 7-2each NewAWWAFX F$23,882.00 8-Bolts,gaskets, anchors, pvc pipe& fittings$ 3,500.00 9-1 each 3ss gate valve,2 each1ss gate valve,random fittings 3& 1$2.738.00 10-Wire,300-500MCM&100-4/0$6,109.00 11-1each8flex joint & 3 each pipe restraints,$1,544.00 12-1 each TECO#SG2-20HR-A PLR 12inputs, 8outputs,keypad,display$ 443.00 13-Rework concrete padelectrical &grout in new pump skid$ 2,825.00 14-Random electrical conduit,fittings,3, 1-1/41plus flex & fittings$565.00 Labor to installmechanical$8,400.00 Labor to install electrical$9,520.00 Trucks$3,500.00 Total$171,948.00 Note: price is an estimate due to any unforeseen developments Note: price does not include any unforeseen parts or labor Note: price does not include freight pre pay & add Note: price does not include original call out Note: Due to logistical volatility, partial billing for stored materials shall apply Note: delivery can be made 14 to 18 weeks after approval EXCLUSIONS: Bypassing of station and/or operating of city valves. It is the responsibility of the city to provide safe working conditions. If extra labor or materials not described above are required due to unforeseen problems the owner will be notified for approval before work is completed. This ESTIMATE is good for 30 days from the date referenced above. We thank you for considering Control Specialist Services for your service needs. Please call if you have any questions. Sincerely, Ray Reaves Sales Manager 940-626-1415 Email rayr@csstex.com SIGN X ____________________________________________________________ DATE _____________________________________________________________ (check applicable) and my date of birth is _______________________. _______, ______________, _________. (street)(city)(state)(zip code)(country) State of ________________, on the _____day of ___________, 20_____. (month)(year) (Declarant) TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, August 29, 2022 TOPIC: Consider a Resolution authorizing the Acting Town Manager to negotiatea Ductbank lease withSpectrum Gulf Coast, LLC, Texas,to utilize Town owned telecommunications conduit (ductbank) along Pearson Lane, Aspen Lane and within the Westlake Ranch Development. STAFF: Troy Meyer, Assistant Town Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design & Development - We are a desirable Optimize Planning & Planned / Responsible People, Facilities, & well planned, high-quality Development Development Technology 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 negotiations will provide for the installation of fiber optic cable within the Town’s Ductbank along Pearson Lane, Aspen Lane and within the Westlake Ranch Development. This agreement would be comparable to recent ductbank agreements approved by Town Council. This agreement would allow Spectrum to remove all cables from the above ground utility poles and install the cables in the Town’s Ductbank. Staff has been working with Spectrum for the last 6 months to get a Ductbank lease agreement completed. Both the Town and Charter/Spectrum attorneys have agreed on the wording of the lease agreement as of August 12, 2022. Spectrum submitted a fee proposal to staff on August 16, 2022, Staff submitted a counteroffer on August 18, 2022, and is waiting on a response from Page 1 of 2 Charter/Spectrum. The Westlake Ranch development cannot complete the sidewalk connections and the perimeter fencing until the utilitypoles are removed. Staff is hopeful we can agree on the leasingfees by th the August 29 Town Council meeting. COUNCIL ACTION/OPTIONS Approve the proposed Resolution Reject the proposed Resolution STAFFRECOMMENDATION Staff recommends approval. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: Yes Forms: N/A Service Levels:The proposed Resolution provides for sound telecommunication infrastructure management consistent throughout the Town where Ductbank has been installed. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:The proposedLease 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 evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Lease does not have any significant impact on traffic. ATTACHMENTS 1. Resolution 2. DRAFT Agreement Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-55 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE ACTING TOWN MANAGER TO NEGOTIATE A LEASEWITH SPECTRUM GULF COAST, LLC TEXAS, TO UTILIZE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) ALONG PERASON LANE, ASPEN LANE AND WITHIN THE WESTLAKE RANCH DEVELOPMENT WHEREAS, Spectrum Gulf Coast, LLC, Texas,already leases telecommunication conduit from the Town; and WHEREAS, Spectrum Gulf Coast, LLC, Texas,desires to utilize telecommunications conduit from the Town of Westlake to remove the utilities poles and service Westlake customers; and WHEREAS, theTown Council authorize the Town Manager to negotiatea 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 authorizing the Town Manager to negotiate a lease with Spectrum Gulf Coast, LLC, Texas related to the use of ductbank alongPearson Lane, Aspen Lane and within The Westlake Ranch Development, 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 22-55 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. TH PASSED AND APPROVED ON THIS 29DAY OF AUGUST 2022. _________________________________ Sean Kilbride, Mayor ATTEST: ___________________________ __________________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Resolution 22-55 Page 2 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, August 29, 2022 TOPIC: Consider approval of a resolution approving the Design Guidelines for Westlake Ranch STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design & Development - We are a desirable Planned / Responsible Preserve Desirability N/A well planned, high-quality Development & Quality of Life community that is distinguished by exemplary design standards. SUMMARY This item includes the approval of the Design Guidelines for the Westlake 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) COUNCILACTION/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 are in compliance with the Westlake Building Quality Manual approved by Resolution 18-08. Staff recommends approval. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Page 1 of 2 DEVELOPMENT/MOBILITYIMPACTTOCOMMUNITY 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 TOWN OF WESTLAKE RESOLUTION 22-56 A RESOLUTION BYTHE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE DESIGN GUIDELINES FOR WESTLAKE RANCH, LOCATED IN THE PLANNED DEVELOPMENT NUMBER 7 (PD7) ZONING DISTRICT. WHEREAS, Ordinance 928, approved by the Town Councilon May 24, 2021, requires Town Council approval of the Design Guidelines in the PD7 zoning district; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest ofthe citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2:That, the Town Council of the Town of Westlake, Texas, hereby approves the WestlakeRanch Design Guidelines attached hereto 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 provision ns 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. TH PASSED AND APPROVED ON THIS 29 DAY OF AUGUST 2022. _____________________________ ATTEST:Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, Town SecretaryJarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. 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TFBTPOBMJUZ;XBUFS;TVO; HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN !! HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN HFOFSBM!BSDIJUFDUVSBM!QSPWJTJPOT XXX/MPSBOUFMMJPU/DPN Westlake Town Council T YPE OF A CTION Regular-Consent 7¤²³« ª¤ 4®¶­ #®´­¢¨« -¤¤³¨­¦ Monday, August 29, 2022 T OPIC:Consider a Resolution approving the extension of paid sick leave in certain circumstances S TAFF C ONTACT: Sandy M. Garza, Director of Human Resources Strategic Alignment Outcome Vision, Value, Mission Perspective Strategic Theme & Results Objective High Quality Planning, Design & Informed & Engaged Development - We are a desirable Municipal & Encourage Westlake's Citizens / Sense of well planned, high-quality Academic Operations Unique Sense of Place Community community that is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line -Start Date:August 1, 2022 C ompletion Date: May 31, 2023 Funding Amount: 0.00 Status - Not Funded Source - N/A E XECUTIVE S UMMARY (I NCLUDING A PPLICABLE O RGANIZATIONAL H ISTORY) The State of Texas continues to grapple with the effects of COVID-19, CDC guidelines have been updated for the safe operation of the workplace and school settings, including steps to control the spread of COVID-19. The parameters were ostensibly designed to ensure that employees dealing with ramifications from potential COVID-19 exposure would not be compelled to return to work, potentially spreading the virus further within the work community. FFCRA and the leave established expired on December 31, 2020, and other legislation that provided an opportunity to extend certain provisions related to EPSL expired on September 30, 2021. The Town of Westlake continues to believe that extending certain leave benefits through May 2023 will continue to serve the important public policy aims outlined above and would serve to protect both the Municipal and Academy employees against the unnecessary spread of COVID-19. Page 1 of 2 Staff recommends that Town of Westlake/Westlake Academy will offer employees up to an additional five days of paid leave to be used through May 2023 for one occurrence if an employee must be absent due to the employee’s own COVID-19 illness. A positive test result will have to be obtained at an approved testing center or physician office. Under this recommendation, The Town Council/Board of Trustees may require the Acting Town Manager and/or the Head of School to update the Council/Board regarding use of leave, and report the costs related to the authorization of additional leave. Should Congress act to reauthorize the FFCRA or authorize a law that provides for federally mandated paid sick leave concerning COVID-19, the Town of Westlake /Westlake Academy will comply with any directives of the law, and this Resolution will be null and void to the extent it would provide for duplicative paid leave benefits. R ECOMMENDATION Staff recommends approval of this resolution. A TTACHMENTS Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-61 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING EXTENSION OF PAID SICK LEAVE IN CERTAIN CIRCUMSTANCES, AND OTHER MATTERS RELATED THERETO: WHEREAS, the State of Texas continues to grapple with the effects of COVID-19, CDC guidelines have been updated for the safe operation of the workplace and school settings, including steps to control the spread of COVID-19; WHEREAS, the parameters were ostensibly designed to ensure that employees dealing with ramifications from potential COVID-19 exposure would not be compelled to return to work, potentially spreading the virus further within the work community; WHEREAS, the FFCRA and the leave established therein, expired on December 31, 2020, and other legislation that provided an opportunity to extend certain provisions related to EPSL expired on September 30, 2021; WHEREAS, the Town of Westlake continues to believe that extending certain leave benefits through May 2023 will continue to serve the important public policy aims outlined above, and would serve to protect both the Municipal and Academy employees against the unnecessary spread of COVID-19; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL BOARD OF TRUSTEES FOR THE TOWN OF WESTLAKE, TEXAS: 1. A public purpose in protecting the health and safety of its staff, students and the community provides sufficient justification for providing up to five days of additional paid leave, for one (1) occurrence to all eligible employees who meet the criteria identified herein through May 2023. 2. The Town of Westlake / Westlake Academy will offer employees up to an additional five days of paid leave to be used through May 2023 if an employee must be absent due to the employee’s own COVID-19 illness which has been confirmed by a positive test result obtained at an approved testing center or physician office. 3. The Town Council/Board of Trustees may require the Acting Town Manager and/or the Head of School to update the Council/Board regarding use of leave, and report to the costs related to the authorization of additional leave. 4. This resolution does not extend or authorize any EFML provisions or other EPSL provisions of the FFCRA; consequently, any and all such entitlements under the FFCRA have expired according to the provisions of the FFCRA or other applicable law. 5. Should Congress act to reauthorize the FFCRA or authorize a law that provides for federally mandated paid sick leave concerning COVID-19, the Town of Westlake /Westlake Academy will comply with any directives of the law, and this Resolution will be null and void to the extent it would provide for duplicative paid leave benefits. Resolution 22-61 Page 1 of 2 TH PASSED AND APPROVED ON THIS 29DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney EXHIBITS (Westlake Ranch Addition Final Plat) Resolution 22-61 Page 2 of 2 Westlake Town Council T YPE OF A CTION ConsentMeeting -Action Item 7¤²³« ª¤ 4®¶­ #®´­¢¨« -¤¤³¨­¦ Monday, August 29, 2022 T OPIC:Consider approval of a Resolution amending the reporting of the Town Secretary S TAFF C ONTACT: Jarrod Greenwood, Acting Town Manager Strategic Alignment Outcome Vision, Value, Mission Perspective Strategic Theme & Results Objective Exemplary Service & Governance Increase - We set the standard by delivering Transparent / Integrity-People, Facilities, & Transparency, unparalleled municipal and driven Government Technology Accessibility & educational services at the lowest Communications cost. Time Line - Start Date: August 23, 2022 Completion Date: N/A Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A E XECUTIVE S UMMARY (I NCLUDING A PPLICABLE O RGANIZATIONAL H ISTORY) The Town Secretary is statutory position that requires appointment by the Town Council and currently reports to the Town Manager. The Town Secretary responsibilities include providing notice and attending all official public meetings of the Town Council, maintain minutes of all Town Council meetings, overseeing Elections, records custodian of Town records, maintains the seal of the town, records all ordinances, resolutions, proclamations, contracts, and manages public information requests. The proposed resolution amends the reporting structure for the Town Secretary to report to the Town Council. The Town Secretary may be removed at the will and pleasure of the Town Council pursuant to Local Government Code. Page 1 of 2 A TTACHMENTS 1. Resolution 22-62 Page 2 of 2 ` TOWN OF WESTLAKE RESOLUTION 22-62 A RESOLUTION BYTHE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING RESOLUTION 22-31, REPORTING STRUCTURE FOR THE TOWN SECRETARY. WHEREAS, the Town Secretary duties for the Town of Westlake, Texas are currently being provided by Town Secretary Amy M. Piukana; and WHEREAS, the current organizational chart indicates the Town Secretary reports to the Town Manager; and WHEREAS, the Town Council desires to amend the Town Secretary’s reporting structure from the Town Manager to the Town Council. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: the Town Secretary for the Town of Westlake, Texas, effective August 29, 2022, shall serve as an employee at the will of the Town Council. SECTION 2: the organizational flow chart, “Exhibit A” is hereby amended to reflectthese changes. SECTION 3: that this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29 DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, TRMC, CMC; Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TOFORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 22-62 Page 1 of 1 Exhibit A C ITIZENSOF W ESTLAKE Town Attorney Court Judge Advisory Boards M AYORAND T OWN C OUNCIL And Committees Town Secretary Texas Student Housing TOWN MANAGER ASSISTANT TOWN DEPUTY TOWN MANAGER MANAGER Court AdministratorAdministrative Management Assistant (2) Analyst Part Time Marshal/SRO Facilities Clerk Maintenance Finance Lead Deputy Clerk/ Fac & Event Clerk JuvCase Mgr Manager Academic Municipal Finance Manager Finance Manager Community Parks and Engagement Accountant II Accountant I Recreation WA Communications Communications Manager Specialist Public Works Information Police Services Technology SuperintendentUF Coordinator (Contracted with City of Keller) Database Systems Field Operations PW Technician Admin Administrator Coordinator Network Fire Chief Administrator Planning & Developm e nt Deputy Chief Business Fire Marshal Services Mgr Human Resources Building Official P&D Coordinator Captains (2) Lieutenant (1) HR Permit Clerk Generalist FT Firefighter PT Firefighter Paramedics (12) Paramedics (24) Engineering/Architectural Consultants TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, August 29, 2022 TOPIC: Conduct a public hearing andapprove a Resolution for a final plat of Lot 1, Block 1, Westlake Corners South STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design & Development - We are a desirable Planned / Responsible Preserve Desirability N/A well planned, high-quality Development & Quality of Life community that is distinguished by exemplary design standards. SUMMARY The property owner, ADL Development LP, is requesting a final plat for 2.388-acre development known as Lot 1, Block 1,Westlake Corners Southfor the future site of a 7-Eleven on the southwest corner of SH 170 and US 377. The final plat complies with the approved zoning and Town’s subdivision regulations, including the preliminary plat for the property which was approved on June 9, 2008. The site plan for the development has not been approved by town staff and will follow on a future agenda of the Planning & Zoning Commission for recommendation. COUNCILACTION/OPTIONS REGARDINGPLATS Approve the proposed Resolution per staff’s recommendation and determination of compliance with applicable regulations PLANNING AND ZONING RECOMMENDATION The Planning and Zoning recommended approval of the request by a vote of 4-0 on August 15, 2022. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Funding Source: N/A Contract: No Forms: N/A Page 1 of 2 DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy: There is no development impact. Comprehensive Plan: The request is consistent with the comprehensive plan. Traffic Impact: The request does not affect traffic to and from the site. Final traffic impacts will be examined upon the submission of a site plan for development of the site. STAFF RECOMMENDATION The proposed final plat complies with the PD3-10 zoning regulations, Town subdivision ordinances and the approved preliminary plat. A formal site plan approving the development of the property will come forward for consideration on a future agenda. Staff recommends approval of this item. ATTACHMENTS Proposed Resolution containing the final plat exhibit Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-57 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A FINAL PLAT OF LOT 1, BLOCK 1 WESTLAKE CORNERS SOUTH WHEREAS, the Planning and Zoning Commission held a public hearing on August 15, 2022and voted unanimously to recommend approval of the final plat; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on August 15, 2022, does hereby approve the final plat as found in the attached document as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. TH PASSED AND APPROVED ON THIS 29 DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 22-57 Page 1 of 2 EXHIBITA (Lot, Block 1 Westlake Corners South Final Plat) Resolution 22-57 Page 2 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, August 29, 2022 TOPIC: Conduct a public hearing andapprove a Resolution for a final plat of Westlake Ranch Addition STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design & Development - We are a desirable Planned / Responsible Preserve Desirability N/A well planned, high-quality Development & Quality of Life community that is distinguished by exemplary design standards. SUMMARY The applicant and subject property owner, Pearson 35 Opportunities, LLC, is requesting approval of a final plat for Westlake Ranch. The plat includes 32 single family detached residential lots along with public and private open space. The subject property is zoned PD7 and the development plan was approved by Ordinance 928 on May 24, 2021. The amended preliminary site evaluation for the development was approved on June 21, 2021. Most of the public infrastructure for the development has been constructed and the development is nearing completion. Approval and recording of the final plat is required before any residential building permits may be issued in the development. COUNCILACTION/OPTIONS REGARDINGPLATS Approve the proposed Resolution per staff’s recommendation and determination of compliance with applicable regulations PLANNING AND ZONING RECOMMENDATION The Planning and Zoning recommended approval of the request by a vote of 4-0 on August 15, 2022. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Page 1 of 2 Project Cost/Funding Amount: $0.00 Funding Source: N/A Contract: No Forms: N/A DEVELOPMENT/MOBILITYIMPACTTOCOMMUNITY Westlake Academy: As approved by Ordinance 928, a total of 32 residential lots are included on the final plat. These additional lots may allow for more students to enroll in the Academy. Per the terms of Resolution 21-35, Westlake Ranch Economic Development Agreement, the units on these lots shall require the payment of $5,000per unit ($160,000.00 total) into capital funds specific to Westlake Academy prior to the recording of the final plat. Comprehensive Plan: The request generally complies with the comprehensive plan as approved by Ordinance 928. Traffic Impact: A traffic impact analysis (TIA) was conducted as part of the original zoning request. According to the original February 2018 TIA performed for the initial development proposal, the traffic impact for the 32 single family residential units shown on the final plat is projected to be 10.9 trips per day per unit, yielding a total impact of 349 trips per day. Given the approved zoning conditions contained in Ordinance 928, no additional traffic study is required in order to approve this item. STAFF RECOMMENDATION The proposed final plat complies with the PD7 zoning regulations, Town subdivision ordinances and the approved amended preliminary site evaluation. Staff recommends approval of this item. ATTACHMENTS Proposed Resolution containing the final plat exhibit Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-58 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A FINAL PLAT OF WESTLAKE RANCH ADDITION WHEREAS, the Planning and Zoning Commission held a public hearing on August 15, 2022and voted unanimously to recommend approval of the final plat; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on August 15, 2022, does hereby approve the final plat as found in the attached document as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. TH PASSED AND APPROVED ON THIS 29 DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 22-58 Page 1 of 2 EXHIBITS (Westlake Ranch Addition Final Plat) Resolution 22-58 Page 2 of 2 TOWN COUNCILAGENDA ITEM Regular Meeting - Action Item Monday, August 29, 2022 TOPIC: Conduct a Public Hearing and Consideration of an Ordinance Amending the RevisedBudget for the fiscal year ending September 30, 2022, Adopting the Proposed Budget for the Fiscal Year ending September 30, 2023 including aFive-Year Capital Improvement Plan, an Investment Policy, Pay Plan Policy, Fiscal and Budgetary Policies, Restricted, Committed and Assigned Fund Balances, and Providing Authorization to the Town Manger to approve appropriated funds up to $50,000. STAFF: Amber Karkauskas, Director of Finance Jarrod Greenwood, Acting Town Manager STRATEGIC ALIGNMENT Vision, Value, MissionPerspectiveStrategic Theme & ResultsOutcome Objective Exemplary Service & Governance Increase - We set the standard by delivering Transparency, Fiscal ResponsibilityFiscal Stewardship unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY The proposed budget was carefully prepared through the collective efforts of all departments to balance the identified needs of the Town with a sustainable and sound financial plan. Town Staff recommends keeping a conservative control on spending while responsibly moving ahead with the progress and needs of our growing community by: Maintaining intense scrutiny of departmental budget expenditures; Limiting staff replacement, and one new position only, for essential service delivery; Increasing transfers to conduit funds for responsible planning; and, Funding necessary postponed and/or planned capital projects. Page 1 of 4 The FY 2023 budget continues to support initiatives for service delivery and our ongoing commitment to community and organizational excellence. In adherence to our fiscal policies, the budget will be monitored periodicallyand regular updates will be provided to Town Council in order to respond responsibly. The budget contains fund expenditures in the following amounts: This budget will raise more total property taxes than last year’s budget by $492,829 or 18.16%, and of that amount, $111,143 is tax revenue to be raised from new property added to the tax roll this year. The rise in our property values (by an approximate 8.20% increase) correlates to the calculation of the No-New-Revenue rate ($0.14609/$100). Thus, this is considered a tax increase since there is a difference of $0.02179/$100 from the current/proposed rate of $0.16788/$100 value. Town staff is recommending we maintain the same ad valorem rate and not raise our total property tax rate. However, adjustments were made to the individual M&O and I&S rates noted below: FY 22 FY 23 Adopted Proposed Tax RateTax Rate Variance M&O $0.10284 $0.10491 $ 0.00207 I&S $0.06504 $0.06297 $(0.00207) $0.16788 $0.16788 $ 0.00000 . The Public Hearing being held this evening has been advertised in the newspaper as required by law as well as on our home page of the Town’s website. Page 2 of 4 Additionally, please note that with the annual approval of the budget, Council is also approving the Five-Year Capital Improvement Plan, Investment Policy, Pay Plan Policy, Fiscal and Budgetary Policies, Restricted, Committed and Assigned Fund Balances, and provides authorization to the Town Manger to approve appropriated funds up to $50,000. Staff is working diligently on wrapping up the budget document for adoption which has included the following changes since the 8/8/22 Council Meeting: - Calculation of former Town Manager’s voluntary severance agreement and proportioning sum between the FY22 revision as well as the FY23 remainder; - Adding modified and new FTE positions into the FY23 budget; - Updating the audit expenditures to include WA House of Commons and Athletic Club; - Reducing repair and maintenance line items in the General Fund and General Maintenance and Replacement Fund and adding contingency lines; - Moving out selected capital improvement projects to FY24; - Updating ad valorem property tax figures to FY23; - Adding GL accounts and implementing expenditure lines to allow for Academy support to include Blacksmith $1.1m from the Foundation, WAF full salary reimbursement, and the operational coverage required for the Academy’s balanced budget; - Revision for fire/EMS-related items that did not arrive as anticipated in FY22, moved expenditures to FY23 (General Maintenance & Replacement Fund and General Vehicle Maintenance & Replacement Fund); - Revision to FY22 and updates to FY23 numbers relating to water and sewer rates in the Utility Fund, as well as reducing the transfer to the Utility Fund Vehicle Maintenance and Replacement Fund; - Analyzing and presenting all changes from Retreat to final document; - Powerpoint presentation for the 8/29/22 Council Meeting; and - Putting together entire document for adoption. The FY23 Municipal Budget document and PowerPoint presentation will be submitted under separate cover. COUNCILACTION/OPTIONS Council must first conduct and close the Public Hearing, followed by Council discussion as needed; next, approve or deny the related ordinance regarding this necessary action, providing feedback to Staff as desired. STAFF RECOMMENDATION Staff recommendation is to adopt the FY 2023 Municipal budget and related policies as proposed and approve the Revised FY 2022 budget, after holding the Public Hearing. Page 3 of 4 FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $33,221,535 Funding Source: Multiple Sources Contract: No Forms: N/A Service Levels:N/A DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS - Proposed FY 2023 Operating & Capital Budget which includes FY 2022 Revised Budget - Ordinance Page 4 of 4 TOWN OF WESTLAKE ORDINANCE NO. 950 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE REVISED BUDGET FOR THE 2022 FISCAL YEAR; ADOPTING THE BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR Commented \[AK1\]: JG – Note that we don’t mention adoption BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 INCLUDING A of the capital budget. Can’t recall, didn’t we have an issue with that FIVE-YEAR CAPITAL IMPROVEMENT PLAN, AN INVESTMENT POLICY, PAY PLAN b/c they’re not adopting a 5 year, but FY23 only. I think we prefer that. I’m drawing a blank. POLICY, FISCAL AND BUDGETARY POLICIES, RESTRICTED, COMMITTED AND ASSIGNED FUND BALANCES; PROVIDING AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $50,000; PROVIDING THAT THE BUDGET BE KEPT IN CITY SECRETARY’S OFFICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public notice of a public hearing on the proposed annual budget, stating the date, time, and place and subject matter of the public hearing, was given as required by the laws of the State of Texas; and WHEREAS, a public hearing was duly held, and all interested persons were given an opportunity to be heard for or against any item therein on August 29, 2022; and WHEREAS, as required by Texas Local Government Code 102.002, the budget officer has prepared a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year; and WHEREAS, this budget will raise more total property taxes than last year’s budget by $492,829 or 18.16%, and of that amount, $111,143 is tax revenue to be raised from new property added to the tax roll this year; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town Council hereby amendsthe revised budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022, as shown within Exhibit “A.” SECTION 3: That the Town Council does hereby approve the proposed Municipal Budget attached in Exhibit “A”, adopting the budget for the fiscal year beginning October 1, 2022, and ending September 30, 2023. Ordinance 950 Page 1 of 2 SECTION 4: That the Town Council does hereby adopt the presented Five-Year Capital Improvement Plan, Investment Policy, Pay Plan Policy, Fiscal and Budgetary Policies, and the Restricted, Committed and Assigned Fund Balances. SECTION 5: That the Town Council hereby gives the Town Manager authorization to approve any appropriated funds up to the amount of $50,000. SECTION 6: That a copy of the official adopted 2023 budget document shall be kept on file in the office of the Town Secretary. SECTION 7: If any portion of this Ordinance 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 Ordinance without the invalid provision. SECTION 8: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. th PASSED AND APPROVED ON THIS 29 DAY OF AUGUST, 2022. __________________________________ ATTEST: Sean Kilbride,Mayor ____________________________ __________________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Interim Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 950 Page 2 of 2 TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, August 29, 2022 TOPIC: Conduct a Public Hearing and Consideration of an Ordinance Levying Municipal Ad Valorem (Property) Taxes for the 2022 Tax Year in accordance with the Fiscal Year 2023 Proposed Budget. STAFF: Amber Karkauskas, Director of Finance STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance Increase - We set the standard by delivering Transparency, Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY During the presentation at the August 8, 2022 Town Council meeting, staff recommended a proposed tax rate of $.16788 per $100 valuation, which is the same rate as the previous year, in order to provide ample notification of the tax rate calculations and notificatioin of the upcoming public hearings regarding the budget and setting the Westlake property tax rate. Town staff is recommending we maintainour ad valorem tax at the current rate of $0.016788 per $100 valuation. After the Tax Year 2022 calculations were completed using the certified rolls provided by Tarrant County and the preliminary certified rolls of Denton County, the No-New- Revenue (NNR) tax rate, formerly the effective rate, is $0.14609 per $100. This rate represents the rate that will raise the same amount of property tax revenue for the Town from the same properties in both the 2021 tax year and the 2022 tax year. The Voter-Approval Tax Rate is calculated at $0.15098 per $100. This rate is the highest tax rate that the Town may adopt without holding an election to seek voter approval of the rate, unless the De Minimis rate for the Town exceeds the Voter-Approval Rate. Page 1 of 3 The De Minimus rate is $0.17939 per $100. This rate is the rate equal to the sum of the no-new- revenue maintenance and operations rate for the Town, the rate that will raise $500,000, and the current debt rate. This Public Hearing has been advertised in the newspaper as required by law and added to the home page of the Town’s website to reach as many residents and stakeholders as possible. The ad valorem tax rate proposed in the FY 2023 Budget compared to the rates adopted for FY 2022 is as follows: FY 22 FY 23 Adopted Proposed Tax Rate Tax Rate Variance M&O $0.10284 $0.10491 $ 0.00207 I&S $0.06504 $0.06297 $(0.00207) $0.16788 $0.16788 $ 0.00000 . As a courtesy to our newer Council Members and those residents that may be unaware of our ad valorem history, the following information is provided regarding the first enactment of Westlake’s local ad valorem tax in 2010. After its adoption on September 29, 2010, the Town Council also set the residential homestead tax exemption at the maximum (20%) allowed by State law. There were other exemptions adopted by that earlier Resolution (which is restated and confirmed in the tax levy ordinance) for an exemption for persons disabled or over 65 and an exemption for Freeport goods. Additionally, there was a provision made in the Town Code for a “tax freeze” for people over 65 or who are disabled and have a Westlake residence homestead established. This Town Code provision was interpreted by the Town’s attorney to mean that a person, who at the tax year 2010, had a Westlake homestead residence and was over 65 or disabled prior to the date the tax levy was adopted, will have a zero-tax rate. After the 2010 tax levy, persons over 65 or disabled with a Westlake residence homestead are able to freeze their tax rate in the tax year of qualification for the “tax freeze” exemption. This interpretation was presented and accepted by the Town Council. COUNCILACTION/OPTIONS Council may hold discussion as necessary prior to voting for approval or denial of the ordinance presented for adoption. STAFF RECOMMENDATION Staff recommends adoption of the ordinance levying a municipal ad valorem (property) tax of $0.16788 per $100 of assessed valuation. Page 2 of 3 *Should Council move to adopt the proposed rate of $0.16788 per $100 value, the following is thespecific language necessary to use in the motion to adopt since the proposed rate (same as last year) exceeds this year’s No-New-Revenue rate of $0.14609: "I move that the property tax rate be increased by the adoption of a tax rate of $0.16788 per $100 value, which is effectively a 14.92 percent increase in the tax rate." FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source:Ad Valorem Tax Contract: No Forms: N/A Service Levels:N/A DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS - Ordinance Page 3 of 3 TOWN OF WESTLAKE ORDINANCE NO. 951 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS LEVYING TAXES TO BE ASSESSED ON ALL TAXABLE PROPERTIES WITHIN THE TOWN LIMITS OF THE TOWN OF WESTLAKE FOR THE TAX YEAR 2022(FISCAL YEAR 2023); SETTING OUT EXEMPTIONS AND LIMITATION; PROVIDING FOR THE COLLECTION OF DELINQUENT TAXES AND A COLLECTION PENALTY TO BE ADDED TO DELINQUENT TAXES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a public hearing on the proposed annualbudget for the Town of Westlake, Texas, for the fiscal year beginning October 1, 2022, and ending on September 30, 2023, was duly advertised giving the date, time, place,and subject matter of the public hearing; and WHEREAS, a public hearing was set by the Town Council in a duly posted Town Council meeting held on August 8, 2022, and all citizens were invited to participate and be heard on August 29, 2022; and WHEREAS, all requirements of state law were met, including Open Meetings Act, Texas GovernmentCode chapter 551 requirements and the requirement of Texas Local Government Code 102.002 that the budget officer prepare a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year; and WHEREAS, it is deemed to be in the best interest of the citizens of the Town of Westlake, Texas to levy a tax as set forth below, on all taxable properties within the Town limits of Westlake to provide the necessary funds to provide municipal services to its citizens and to meet all municipal commitments; and WHEREAS, The Town of Westlake’s budget will raise more total property taxes than last year’s budget by $492,829 or 18.16%, and of that amount, $111,143 is tax revenue to be raised from new property added to the tax roll this year; and WHEREAS, the Town of Westlake has passed exemptions to certain applicable taxes which were previously adopted by earlier Resolution and recognized and adopted a tax limitation set out in the Town Municipal Code and such exemptions and limitation are included and adopted as part of this Ordinance; and WHEREAS, the Town Council finds the passage of this Ordinance to be in the best interest for the citizens of Westlake, for the preservation of public health, safety, and welfare of the citizens of the Town. Ordinance 951 Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporatedherein by reference as if copied in their entirely. SECTION 2: That the Town Council of the Town of Westlake, Texas shall hereby levy the following taxes on each One Hundred Dollars ($100.00) of taxable valuation on all taxable property within the Town limits of the Town of Westlake, Texas to be assessed and collected by the Tax Assessor/Collector for the tax year 2022 (Fiscal Year 2023) for the purposes stipulated below, to-wit: (a) $0.10491 For General Fund Maintenance and Operations (M&O) (b) $0.06297 For Interest and Sinking Fund (I&S, Debt Service) SECTION 3: Exemptions: That the Town Council authorizes the following exemptions and limitations: (a) Homestead exemption - That it is the intent of the Town Council of the Town of Westlake to adopt the highest possible homestead exemption, which would be a homestead exemption in the amount of twenty percent (20%) of the value of the homestead, and in any event, the exemption shall be at least a minimum of Five Thousand dollars ($5,000).For purposes of this section "residential homestead" is defined as a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with land, not to exceed ten (10) acres, and improvements used in the residential occupancy of the structure and the land andimprovements have identical ownership) that (1) is owned by one or more individuals, either directly or through a beneficial interest is a qualifying trust; (2) is designed or adapted for a human residence; (3) is used as a residence; and (4) is occupied as his or her principal residence by an owner or, for property owned through a beneficial interest in a qualifying trust, by a trustee of the trust who qualifies for the exemption. (b) Over 65 or Disabled exemption - That an exemption for a resident over 65 or disabled, pursuant to section 11.13(b) of the Texas Tax Code shall be authorized in the amount of $10,000. A resident is eligible for an exemption under this section if the resident is over 65 or disabled, but the resident shall not be entitled to two exemptions under this section, as set out in section 11.13(b) of the Texas Tax Code. (c) The Town of Westlake previously adopted an ad valorem tax limitation in section 86-2 of the Town Code, for elderly and disabled citizens according to Article VIII, Section 1-b of the Texas Constitution and Texas Tax Code § 11.261, which provides “The county, municipality, or junior college district may not increase the total annual amount of ad valorem taxes the county, municipality, or junior college district imposes on the residence homestead of a disabled individual or an individual 65 years of age or older above the amount of the taxes the county, municipality, or junior college district imposed on the residence homestead in the first tax year, other than a tax year preceding the tax year in which the county, municipality, or junior college district established the limitation described by Subsection (a), in which the individual qualified Ordinance 951 Page 2 of 3 that residence homestead for the exemption provided by Section 11.13(c) for a disabled individual or an individual 65 years of age or older.” This provision, commonly referred to as a “tax freeze” means that residents who are already eligible for the provisions of that section will not have any increase in their taxes from the time that they became eligible, as citizens of Westlake, for that section. SECTION 4: State Law Required Statements: (A) THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. (B) THE TAX RATE WILL EFFECTIVELY BE RAISED BY 16.24% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $2.07. SECTION 5:The Town of Westlake will pursue collection of delinquent taxes and adopts the provisions of Section 33.07 of the Texas Tax Code so that hereafter an additional penalty of twenty (20) percent of the delinquenttax, penalty andinterest on delinquent taxes will be imposed on taxes becoming delinquent as provided by the Texas Tax Code and the Town’s collection agreement. SECTION 6: If any portion of this Ordinance 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 Ordinance without the invalid provision. SECTION 7: That this Ordinance shall become effective from and after its date of passage. th PASSED AND APPROVED ON THIS 29 DAY OF AUGUST 2022. __________________________________ ATTEST: Sean Kilbride, Mayor ____________________________ __________________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Interim Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 951 Page 3 of 3 TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, August 29, 2022 TOPIC: Consideration and discussion of a Resolution to ratify the property tax increase as reflected in the FY 2023 Annual Operating and Capital Budget. STAFF: Amber Karkauskas, Director of Finance STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance Increase - We set the standard by delivering Transparency, Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY Pursuant to the requirements of HB 3195, it is necessary for the Town Council to vote to ratify the property tax increase as reflected in the FY 2023 Operating & Capital Budget. This vote is a procedural requirement of HB 3195. Section 102.007, Local Government Code, Subsection (c), reads as follows: “Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or vote to set the tax rate required by Chapter 26, Tax Code, or other law.” This budget will raise more total property taxes than last year’s budget by $492,829 or 18.16%, and of that amount, $111,143 is tax revenue to be raised from new property added to the tax roll this year. The rise in our property values (by an approximate 8.20% increase) correlates to the calculation of the No-New-Revenue rate ($0.14609/$100). Thus, this is considered a tax increase since there is a difference of $0.02179/$100 from the current/proposed rate of $0.16788/$100 value. Page 1 of 2 The ad valorem tax rate proposed in the FY 2023 Budget compared to the rates adopted for FY 2022is as follows: FY 22 FY 23 Adopted Proposed Tax Rate Tax Rate Variance M&O$0.10284$0.10491$ 0.00207 I&S $0.06504 $0.06297 $(0.00207) $0.16788 $0.16788 $ 0.00000. COUNCILACTION/OPTIONS As a procedural requirement of HB 3195 and as required in Section 102.007, Local Government Code, Subsection (c), Council must hold a vote on this item separately to approve or deny the related resolution after any necessary discussion. STAFF RECOMMENDATION Staff recommends approval of the resolution to ratify the property tax increase as reflected in the FY 2023 Budget. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: Ad Valorem Tax Contract: No Forms: N/A Service Levels:N/A DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS - Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-59 ARESOLUTION OFTHE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS RATIFYING THE PROPERTY TAX INCREASE AS REFLECTED IN THE FISCAL YEAR 2023 ANNUAL BUDGET. WHEREAS, the Town of Westlake has adopted an annual budget that required raising more revenue from property taxes than in the previous year; and WHEREAS, House Bill 3195 requires that the governing body ratify the property tax increase reflected in the budget in a separate vote; and WHEREAS, the Town Council findsthat 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 the findings above are found to be true and correct and are incorporated herein. SECTION 2: That the Town Council of the Town of Westlake, Texas hereby ratifies the property tax increase reflected in the Town of Westlake Fiscal Year 2023 annual budget. 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. th PASSED AND APPROVED ON THIS 29DAY OF AUGUST2022. __________________________________ ATTEST: Sean Kilbride, Mayor ____________________________ __________________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Interim Town Manager APPROVED AS TO FORM: ______________________ L. Stanton Lowry, Town Attorney Resolution 22-59 Page 1 of 1 TOWN COUNCIL AGENDA ITEM Regular Meeting - Discussion Monday, August 29, 2022 TOPIC: Consider a resolution by the Town Council of the Town of Westlake, Texas, authorizing Acting Town Manager to negotiate amending the development agreement with LTF Real Estate Company, Inc., for lR, block 3, Westlake/Southlake Park addition Phase I and approving the park open space master plan located on Sam School Rd. STAFF: Troy Meyer, Facilities and Public Works Director STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Education - Westlake is Informed & Engaged Improve Technology, People, Facilities, & an international educational leader Citizens / Sense of Facilities & Technology where each individual's potential is Community Equipment maximized. SUMMARY December of 2018 the Town Council approved Resolution 18-50 the Economic Development Agreement with Wilbow-Solana LLC, related to The Knolls At Solana Development in Westlake. Wilbow-Solana, LLC, as the owner of land located within the Town, was to develop 62.531 acres and permitted to sell lots for the construction of up to 56 single family residential homes and construction on such land is expected to significantly enhance the economic base of the Town. As part of the Knolls Economic Development Agreement the developer met the one acre of park land required for every thirty residential lots. This requirement will be satisfied with the final platting of the proposed development through dedication of Lot 17X, Block C, approximately 11.6 acres of land that fronts on Sam School Road that could be used as a trailhead. Lot 17X, Block C will be dedicated as public open space/parkland that will be privately owned and privately maintained through the HOA. The Town shall maintain the improved, developed public parkland on Lot 17X, Block C upon completion of any park improvements to the property. The developer also deeds to the Town approximately 22.8 acres of land, Lot 16X, Block B, as a preservation buffer from the bordering neighborhoods to the south and west. Page 1 of 3 On October 2021 Town Council passed Resolution 21-36, Development Agreement between LTF Real Estate Company, Inc. (Lifetimes Fitness) and the Town of Westlake. This agreement includes details regarding the planting of trees on Lot 17X, Block C as public open space/parkland (Knolls EDA) that is located south of the subject property as part of the required tree mitigation, and improvements/maintenance to the park property by the developer. In lieu of payment into the Town reforestation fund in the amount of $179,190.00, the Developer agrees to plant additional trees in the Park. At a minimum, said trees shall meet the requirements for tree plantings in Town Code of Ordinances. Developer shall not be required to spend in excess of $179,190.00 on the additional trees described in this paragraph. Final planting locations, species and sizes of trees shall be provided to the Town Manager or designee for final approval prior to installation. To better foster screening and buffering between the Property and adjacent residential properties, additional trees, as required above, not shown on the approved landscape plan pertinent to the Property, may be planted on the Property as well, and the cost of such trees shall be applied to the $179,190.00 amount. Any remaining unspent funds by the developer from the $179,190.00 amount may be applied to other obligations under this agreement or deposited into the Town reforestation fund. Staff has been working with Robin McCaffrey and Bennett Partners to restore the open space on Sam School Road south of the Lifetime Fitness property with trees, trail improvements and rescoping the hillside to give a natural feature. Staff has also worked with Lifetimes Fitness development team to ensure the landscaping between Lifetime Fitness site and the open space has a natural fabric. The budget for the proposed Phase I and Phase II ranges from $240,00.00. to $380,000. Staff hired Kimley Horn architect professional services to develop a phase plan to improve the open space which includes a master plan and budget for each phase of the park improvements. Create an open space Master Plan, phasing plan and estimated budget – Not to exceed $36,000.00. Phase I -$240,000 includes the following improvements: Earthwork, 20 to 30 trees with tree bubblers, groundcover, wildflower and grass mixes and temporary irrigation. Phase II - $197,000 to $380,000 includes the following improvements: Concrete trails, trail head, outdoor classroom area, bike racks, gateway, stone terrace, timber steps and dry creek bed. Phase III - $285,000 to $314,000 includes the following improvements: Dog park area Playground equipment Staff recommends the Proposed Phase I to include adding trees and ground cover, timber steps, dry creek bed and concrete trails. This project would be estimated at $339,190.00, Funded by Knolls open space $100,000.00 Lifetimes Fitness $179,190.00 Town Reforestation Fund $75,000.00 Total proposed project Budget $354,190.00 Page 2 of 3 Staff follow up items from the June 21 Town Council meeting were to include playground and dog park areas in the park open space master plan on Sam School Road. The estimated cost for these two areas is between $285,000 to $314,000. Staff is recommending putting Phase II and III in the unfunded/under discussion Capital Improvement Project Forecast. Phase I is to include adding trees and ground cover, irrigation, timber steps, dry creek bed and concrete trails. This project would be estimated at $354,190.00. Phase I would be funded by the Town’s Reforestation Fund $75,000.00, Knolls $100,000.00 open space contribution and the Life Time credit of $179,190.00 to meet the requirements for tree plantings in Town Code of Ordinances. COUNCILACTION/OPTIONS Approve the proposed Resolution Reject the proposed Resolution STAFF RECOMMENDATION Staff recommends authorizing Assistant Town Manager to negotiate and execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake and approval of the park open space master plan attached hereto as Exhibit "A" FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $354,190.00 Funding Source: Contributions/Grants Contract: No Forms: N/A Service Levels:Town will provide ongoing maintenance to the proposed open space improvements. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Town of Westlake: Provides an interactive open space for the Westlake Community. Comprehensive Plan: Met town open space vision. Cost Recovery Analysis: N/A. Traffic Impact: N/A. ATTACHMENTS Resolution Exhibit A park open space master plan Page 3 of 3 TOWN OF WESTLAKE RESOLUTION 22-60 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING ACTINGTOWN MANAGER TO NEGOTIATE AMENDING THE DEVELOPMENT AGREEMENT WITH LTF REAL ESTATE COMPANY, INC., FOR lR, BLOCK 3, WESTLAKE PARK ADDITION PHASE ONE AND APPROVING THE PARK OPEN SPACE MASTER PLAN LOCATED ON SAM SCHOOL RD. WHEREAS, as site plan amendment for 1 R, Block 3, Westlake/Southlake Park Addition Number One was approved by the Town Council on October 25, 2021; and WHEREAS, LTF Real Estate Company, Inc., as the owner and developer of land located within the Town, intends to construct a two-story, 109,000 square foot Life Time Fitness facility on IR, Block 3, Westlake/Southlake Park Addition Number One; and WHEREAS, the Town of Westlake (Town) and LTF Real Estate Company, Inc. (the Developer) desire to Development Agreement that provides for credits for off-site connections to Town owned utilities, and provides for planting of trees and improvements to Town parkland adjacent to 1 R, Block 3, Westlake/Southlake Park Addition Number One; and, WHEREAS, the amendment would allow the Town of Westlake to reimburse Life Time for additional improvement to Phase I of the Park Open Space Master plan; and WHEREAS, the approval of the Park Open Space Master Plan(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: That, the Town Council of the Town of Westlake, Texas, hereby authorizing ActingTown Manager to negotiate and execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake and approval the Park Open Space Master Plan attached hereto 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. Resolution 22-XX Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. TH PASSED AND APPROVED ON THIS 29 DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 22-XX Page 2 of 2 COUNCIL AGENDA ITEM Regular Meeting - Report Monday, August 29, 2022 TOPIC: Presentation and Discussion on the condition of the six portable buildings located on the Westlake Academy Campus at 2600 JT Ottinger. STAFF: Troy J. Meyer, Assistant Town Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance - We set the standard by delivering Improve Technology, Planned / Responsible People, Facilities, & unparalleled municipal and Facilities & Development Technology educational services at the lowest Equipment cost. SUMMARY In April of 2011, the Town Council approved the purchase of three portable buildings to be located to the west of the Sam & Margert Lee Art and Sciences Center. The three buildings would add six classrooms to accommodate future growth in student population. In April of 2013, the Town Council approved the purchase for three new portable buildings. This purchase was recommended and based on the Student Admission Policy and future enrollment report presented at the December 3, 2012, Town Council meeting. Adding 3 buildings consisting of 6 classrooms, they would be located just to the west ofthe current portable buildings. The implementation of these new portables would allow for several options to be executed based upon enrollment growth over the next several months. These six buildings have been maintained by facilities staff and the following improvements have been made over the past years: new flooring, upgraded the life skills room with sink, overhead cabinets, restroom floor replaced, painted interior and exterior, painted wooden desks and updated security cameras. In November of 2021, staff consulted with My Modular, LLC who serves the modular building industry in a major support role. Services include set-up, dismantle, refurbishment, modifications, decks, and ADA ramps. My Modular conducted a full audit of the six portable buildings on December 20-30, 2021, at the Westlake Academy Campus. Page 1 of 3 Town Council received the follow report on February 7, 2022, on the 6 portable buildings. This includes an inspection of the following: Blocking and leveling Disassemble of ceiling grid where they were separating. Adding new main T’s and reassemble with new cross T’s. Connect and rivet where needed to secure. Floorings repairs Additional blocking beyond a standard install The total cost of the inspection and repairs was $17,250.00, funded out of general fund from major maintenance and repairs. These are normal adjustments needed on portable buildings. The average movement of portable building is a quarter inch over time (accounting for 1/4”in general for general acclimation.) The foundation/soil they are on, concrete, compacted soil/non compact soils, drainage, high humidity areas, etc., are all variables that will impact the movement. They rated the portables 5 out of 10 conditionally and structurally 6 of 10. The 1 to 10 scale is on a 10 being in good condition and a 1 being poor condition. The Westlake Academy facilities are required to complete an annual fire inspection by the Westlake Fire Marshall. The inspectionwas preformed on August 16, 2022, of each building and the 7 portable buildings. The inspections included reviewing all documentation of the annual fire alarm systems, vent hoods, fire extinguishers, storage rooms, hallways, and exit doors for all buildings and the 6 portables. The portable buildings met the current 2018 fire codes. There are two items that need to be corrected - 1. Exit sign needs to be replaced in classroom 5 and the panic hardware from classroom 7-12. To ensure the doors could be manuallylocked quickly from inside the classroom thumb lock where installed. The fire code states you cannot have another lock other than panic hardware or fire exit hardware. The solution is to remove the panic hardware and leave the thumb latch to ensure the occupants of the classroom can lock the door quickly from the inside. Staff will correct both items in the next two-three weeks. A second door for each classroom would only be needed if the occupancy load exceeds 50 or more. STAFF RECOMMENDATION Continue to do ongoing maintenance, repairs and inspections to the portable buildings to ensure the safety of the users of the portable buildings. COUNCILACTION/OPTIONS N/A FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Page 2 of 3 Service Levels:Staff will have My Modular, LLC do annual building inspections and make any corrections base on any deficiencies found in the building and fire inspections. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:Continue to do ongoing maintenance, repairs, and inspections to the portable buildings to ensure the safety of the users of the portable buildings. Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Exhibit A Fire Inspection Report Page 3 of 3 EXHIBIT A TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, August 29, 2022 TOPIC: C onsider an Ordinance to Update the Solana Public Improvement District Service and Assessment Plan and Assessment Roll 2021. STAFF: Jarrod Greenwood, ActingTown Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance Increase - We set the standard by delivering Transparency, Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Accessibility & educational services at the lowest Communications cost. SUMMARY The Solana Public Improvement District (PID) for the Entrada development was created by Resolution 14-07 by Town Council on February 24, 2014. In order to levy the assessment on property within the PID required to service the PID bonds, Town Council adopted Ordinance No. 741 approving the Solana Pubic Improvement District Service and Assessment Plan and Assessment Roll. Sections 372.013 and 372.014 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) require that Service and Assessment Plans (SAP) and Assessment Rolls to be reviewed and updated annually which requires Council approval. Council approved Ordinance 752 that provided the first annual update to the SAP at the September 21, 2015 Regular Council meeting. The second update to this SAP was approved by the Council via Ordinance 796 on September 19, 2016. The Council approved an SAP Update in January 2018, which, after due process and public hearing, levied the Part B Assessment related to the Parking Garage. Town Council has since approved updatesto the PID SAP as follows: Ordinance 861 on August 27, 2018; Ordinance 890 on August 26, 2019; Ordinance 912 on August24, 2020; and the last update with Ordinance 930 on August 23, 2021. Page 1 of 2 Upon approval from Council, the Assessment Roll will be provided to the Tarrant County Appraisal District to be included in the 2022/2023tax bills which will be mailed out in October 2022. COUNCILACTION/OPTIONS Approve the proposed PID SAP Update Reject the proposed PID SAP Update STAFF RECOMMENDATION Staff recommends approval. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: No Forms: N/A Service Levels:The proposed PID SAP Update continues the current level of service for the Entrada development. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:The proposedOrdinancedoes not impact the Academy’s budget. Comprehensive Plan: The proposed Ordinance supports the Comp Plan by providing the necessary funding to satisfy the Entrada development requirements. Cost RecoveryAnalysis: The proposed Ordinance is not evaluated through the Cost Recovery Analysis Tool. Traffic Impact: The proposed Ordinance does not have an impact on traffic. ATTACHMENTS 1. Ordinance 2. PID Service And Assessment Plan Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. 951 SOLANA PUBLIC IMPROVEMENT DISTRICT SUPPLEMENTAL SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL. A SUPPLEMENTAL ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE UPDATING THE SOLANA PUBLIC IMPROVEMENT DISTRICT OF THE TOWN OF WESTLAKE SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL. WHEREAS, by Resolution 14-07 adopted on February 24, 2014, after notice and a public hearing in the manner required by law, the TownCouncil of the Town of Westlake, Texas approved a resolution authorizing the creation of the Solana Public Improvement District of the Town of Westlake; and WHEREAS, the Town Council, pursuant to Section 372.016(b) of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) PID Act, published notice of the Levy and Assessment Hearing on December 22, 2014, in The Star-Telegram, a newspaper of general circulation in the Town; and WHEREAS, on January 15, 2015, after notice and a public hearing conducted in the manner required by law, the Town Council adopted Ordinance No. 741 approving the Solana Public Improvement District Service and Assessment Plan and Assessment Roll and the levy of assessments on property in the District; and WHEREAS, on January 15, 2015, the Town Council convened the Levy and Assessment Hearing and adopted Ordinance No. 743, authorizing the issuance of bonds secured by the assessments levied pursuant to the Assessment Ordinance;and WHEREAS, on January 28, 2018, after notice and a public hearing conducted in the manner required by law, the Town Council adopted Ordinance No. 843 approving the Solana Public Improvement District Service and Assessment Plan and Assessment Roll and the levy of the Part – B Assessment pertaining to the Parking Garage on property in the District; and WHEREAS, on August 24, 2020, Town Council approved Ordinance 912 that updated the SAP; and WHEREAS, on August 23, 2021, Town Council approved Ordinance 930 that updated the SAP; and WHEREAS, the Service and Assessment Plan and Assessment Roll is required to be reviewed and updated annually as described in Sections 372.013 and 372.014 of the PID Act; and Ordinance 951 Page 1 of 3 WHEREAS, the Town Council now desires to proceed with the adoption of this Ordinance for the Annual Service Plan Update and the updated Assessment Roll attached thereto, in conformity with the requirements of the PID Act; and WHEREAS, the Town Council finds the passage of this Ordinance to be in the best interest for the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Solana Annual Service Plan Update and updated Assessment Roll attached hereto as “Exhibit A” are hereby accepted as provided. SECTION 3: If any portion of this Ordinance 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 Ordinance without the invalid provision. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. Ordinance 951 Page 2 of 3 TH PASSED AND APPROVED ON THIS 29DAY OF AUGUST2022. _____________________________ ATTEST: Sean Kilbride, Mayor ____________________________ ______________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 951 Page 3 of 3 TOWN OF WESTLAKE, TEXAS SOLANA PUBLIC IMPROVEMENT DISTRICT 2022ANNUALSERVICEPLANUPDATE AUGUST29,2022 INTRODUCTION Capitalized terms used in this Annual Service Plan Update shall have the meanings set forth in the original Service and Assessment Plan or the DevelopmentAgreement, FinancingAgreement, and Reimbursement Agreements, as applicable. On February 24, 2014, the TownCounciladoptedResolution No. 14-07authorizing the creation ofthePID to finance the costs of certain public improvementsfor the benefit of property inthe PID. On January 15, 2015, the Town Council adopted(1)Ordinance No. 741,which approved the levy of Assessments on Assessed Property and approved the Service and Assessment Plan; (2) Ordinance No. 742 approving the Financing Agreement and Reimbursement Agreement –Part A; and (3) Ordinance No. 743 issuing the Town of Westlake, Texas Special Assessment Revenue Bonds, Series 2015 (Solana Public Improvement District Project,Series 2015 Bonds) in the aggregate principal amount of $26,175,000 to finance, refinance, provide or otherwise assist in the acquisition, construction and maintenance of the public improvements provided for the benefit of the property in the PID.The Service and Assessment Plan identified the Authorized Improvements to be provided by the PID, the Authorized Improvement costs, the indebtedness to be incurred for the Authorized Improvements, and the manner of assessing the property in the PID for the costs of the Authorized Improvements. The Town Council also adopted an Assessment Roll identifying the Assessments on each Lot within the PID, based on the method of assessment identified in the Service and Assessment Plan. On September 19, 2016, the Town Council adopted Ordinance No. 796, which approved the 2016 Annual Service Plan Update and updated the Assessment Roll for 2016. On November 21, 2017, the Town Council adopted Ordinance No. 838, which approved the 2017 Annual Service Plan Update and updated the Assessment Rollfor 2017. On January 29, 2018, the Town Council adopted Ordinance No. 843, whichapprovedthe levy of Assessments on Improvement Area #1 Assessed Property and approved the Annual Service Plan Update and Assessment Roll for Assessment Part B for the Reimbursement Agreement–Part B in the aggregate principal amount of $2,425,000 secured by Assessments. On August 22, 2018, the Town Council adopted Ordinance No. 861, which approved the 2018 Annual Service Plan Update and updated the Assessment Roll for 2018.The 2018 Annual Service Plan Updated served to update both the Service and Assessment Planand the Annual Service Plan for Assessment Part B. SOLANAPUBLIC IMPROVEMENT DISTRICT 1 2022ANNUAL SERVICE PLANUPDATE On August 26, 2019, the Town Council adopted Ordinance No. 890, which approved the 2019 Annual Service Plan Update and updated the Assessment Roll for 2019. On August 24, 2020, the Town Council adopted Ordinance No. 912, which approved the 2020 Annual Service Plan Update and updated the Assessment Roll for 2020. On August 23, 2021, the Town Council adopted Ordinance No. 930, which approved the 2021 Annual Service Plan Update and updated the Assessment Roll for 2021. Pursuant to the PID Act, the Service and Assessment Planmust be reviewed and updated annually. This document is the Annual Service PlanUpdate for 2022. This 2022Annual Service Plan Update also updates the Assessment Roll for 2022. \[Remainder of page intentionally left blank.\] SOLANAPUBLIC IMPROVEMENT DISTRICT 2 2022 ANNUAL SERVICE PLAN UPDATE PARCEL SUBDIVISION The Replat of Westlake Entrada Primrose Lots 2R, &3R, Block M was filed and recorded with the County on September 2, 2016, which consistedof 2 commercial Lots. The Replat of Westlake Entrada Block B, Lot R, Block I, Lots 1 & 2X, Block J, Lots 11-16, 17X, 18X, 19X, & 20X, and Block S, Lot 1X was filed and recorded with the County on April 11, 2017, which consistedof 6 residential Lots and 4 Lots of Non-Benefited Property. The Replat of Westlake EntradaLots 1XR, 2XR, 3-14, 15X, 16X, & 17X, Block I was filed and recorded with the County of September 11, 2017, which consisted of 12 residential Lots and 5 Lots of Non-Benefited Property. The Replat of Westlake EntradaBlock L, Lot 6 & Block S, Lot 2Xwas filed and recorded with the County on September 19, 2017, which consistedof 1commercialLot and 1 Lot of Non-Benefited Property. The Replat of Westlake Entrada Lots 1R, 2, 3, & 4, Block A, and Lots 1R, 2RX & 3RX, Block O was filed and recorded with the County on April 5, 2018, which consisted of 4 commercial Lots and 3 Lots of Non-Benefited Property. The Replat of Lot 1, Block B Westlake Entrada consisting of Lots 1R, 2-5, Block B, Lots 1-2, 3A, 3B, 4-6, BlockC, Lot1, 2X, Block D, Lots1, 15-17, 18X, BlockE, Lots 1-5, 6X, BlockF, Lots 1-5, 6X, BlockG, Lots 1-5, 6X, BlockH, Lot1, BlockJ, Lots 1- 5, BlockK, Lots 1-5, Block L, Lots 1-3, 4X, 5X, BlockP, Lot1, Block Q, Lot1, BlockR was filed and recorded with the County on June 27, 2018. The Amended Plat of Westlake Entrada Lots 1XRR, 2XRR, 3R-14R, & 15XR, Block I was filed and recorded with the County on August 28, 2018, which consistedof 12 residential Lots and 2 Lots of Non-Benefited Property. The Replat of Westlake Entrada Lots 1R, 2-14, 19X, 20X, Block E was filed and recorded with the County on June 27, 2019, which consistedof 14 residential Lots and 2 Lots of Non-Benefited Property. The Amended Plat of Westlake Entrada Lots 4R, 5R, 6R, & 7R, Block E, was filed and recorded with the County on July 9, 2021, which consisted of 4 residential Lots. The Replat of Westlake Entrada Lots 1R1 to 1R10, 2R, 3R, 4R & 5R, Block G, was filed and recorded with the County on May 25, 2022, which consisted of 14 residential Lots. The Replat of Westlake Entrada Lots 1R1 to 1R10, 2R, 3R, 4R & 5R, Block G is attached hereto as Exhibit B. LOT SALES & HOME SALES UPDATE Residential Per the Quarterly Report dated March 31, 2022, 35residential units have started construction, 30residential units have completed construction, and 3 residential units havebeen sold to end- SOLANAPUBLIC IMPROVEMENT DISTRICT 3 2022ANNUAL SERVICE PLANUPDATE users.Completion of all residential units in the PID is expected to occur in July 2025. Commercial Per the Town staffand Developer, of the expected 1,158,299 square feet of commercial space described in the Service and Assessment Plan, approximately 94,319square feet of commercial development has been constructed, including a CVS, Primrose Daycare Center, Entrada Sales Office, Retail Corner/Starbucks, restaurants, chapel, reception hall, and parking garage. Buyer discloses for the proposed uses are attached hereto as Exhibit F. AUTHORIZED IMPROVEMENTS Improvement Project A Per the Quarterly Report dated March 31, 2022, all Improvement Area #1 and Improvement Area #2 Authorized Improvements in Improvement Project A are being funded by Series 2015 Bond funds.The balance in the Improvement Fund with US Bank is $30,406.12as of February 28, 2022. According to the Developer, available remaining funds are currently projected to be sufficient to complete the Authorized Improvement for Improvement Project A in Improvement Area #1 and Improvement Area #2. Improvement Area #1 and Improvement Area #2 Authorized Improvements are significantly complete, with remaining items being the installation of iron benches. Improvement Area #3 Authorized Improvements are partially constructed (and such costs of $680,000 to date have been funded by the Developer), with an estimated cost of $3,400,000 anticipated to be funded by the Developer and subject to the Reimbursement Agreement – Part A. Improvement Area #3 Authorized Improvements are on hold indefinitely. See the table below for details about the Improvement Project A budget. \[Remainder of page intentionally left blank.\] SOLANAPUBLIC IMPROVEMENT DISTRICT 4 2022ANNUAL SERVICE PLANUPDATE Original vs. Revised Budget - Improvement Project A Series 2015 BondsReimbursement Agreement - Part A Original Budget as of Original Budget as of 1212 BudgetRevisions3/31/22BudgetRevisions3/31/22 Authorized Improvements Road$ 3,767,430$ 1,083,177$ 4,850,607$ 622,470$ -$ 622,470 Water Distribution System 890,040 (668,035) 222,005 171,680 - 171,680 Sanitary Sewer 1,531,196 (1,298,927) 232,269 350,100 - 350,100 Storm drainage 1,154,306 (1,154,306) - 579,566 - 579,566 Landscaping 1,830,501 (661,929) 1,168,572 - - - Duct Bank 640,304 (142,838) 497,466 93,650 - 93,650 3 8,120,860 (1,131,154) 6,989,706 573,896 - 573,896 Other Costs Parking Facility - - - - - - Consolidated Wet Utilities Contract - 3,974,012 3,974,012 - - - $ 17,934,637$ (1) $ 17,934,637$ 2,391,362$ -$ 2,391,362 Bond Issue Costs Capitalized Interest $ 3,216,750$ -$ 3,216,750$ 218,620 $ -$ 218,620 Debt Service Reserve 2,074,313 - 2,074,313 340,000 - 340,000 Other Bond Issuance Related Costs 2,949,301 - 2,949,301 450,018 - 450,018 $ 8,240,364$ -$ 8,240,364$ 1,008,638$ -$ 1,008,638 Total Uses$ 26,175,001$ (1)$ 26,175,001$ 3,400,000$ -$ 3,400,000 Notes: 1) Budget as shown in the Service and Assessment Plan. 2)ThebudgetfortheAuthorizedImprovementsisadjustedinthisAnnualServicePlanUpdateastheAuthorizedImprovementsareconstructed and the Actual Costs of the Authorized Improvements are determined, per draw 38 provided by the Developer. 3) See Appendix B of the Service and Assessment Plan for details. Improvement Project B Per the Quarterly Report dated March 31, 2022, Improvement Project B (the public parking garage) improvements are under construction, and the estimated costs of $6,160,000 are anticipated to be funded by the Developer, of which $2,450,000 are subject to Reimbursement Agreement – Part B. The structure for the Parking Garage is completed, and masonry façade sample was approved by the Town on the fourth quarter of 2020. See the table below for details about the Improvement Project B budget. \[Remainder of page intentionally left blank.\] SOLANAPUBLIC IMPROVEMENT DISTRICT 5 2022 ANNUAL SERVICE PLAN UPDATE Original vs. Revised Budget - Improvement Project B (Parking Garage) Budget as of 12 Original BudgetRevisions3/31/22 Authorized Improvements Road$ -$ -$ - Water Distribution System - - - Sanitary Sewer - - - Storm Drainage - - - Landscaping - - - Duct Bank - - - 3 - - - Other Costs Parking Facility 6,160,000 - 6,160,000 $ 6,160,000$ -$ 6,160,000 Bond issue costs Capitalized Interest $ 170,000$ -$ 170,000 Debt Service Reserve 242,500 - 242,500 Other Bond Issuance Related Costs 242,500 - 242,500 $ 655,000$ -$ 655,000 Total Uses$ 6,815,000$ -$ 6,815,000 Notes: 1) Budget as shown in the Service and Assessment Plan. 2)ThebudgetfortheAuthorizedImprovementsisadjustedinthisAnnualServicePlanUpdateasthe AuthorizedImprovementsareconstructedandtheActualCostsoftheAuthorizedImprovementsare determined. 3) See Appendix B of Service and Assessment Plan for details. OUTSTANDING ASSESSMENT Improvement Area #1 Improvement Area #1 has an outstanding Assessment of $19,766,077.29. The outstanding Assessment is less than the $19,802,539.78in outstanding Assessment Part A and Assessment Part B, as shown below,due to a mandatory prepayment of Assessments for whichAssessment Part A or Assessment Part Bhave not yet been redeemedor released. Improvement Area #1 Assessment Part AAssessment Part BTotal Reimbursement Reimbursement Agreement - Agreement - Series 2015 Bond Part A Part B Total Outstanding Assessment Series 2015 Bond$ 15,392,721.89$ -$ -$ 15,392,721.89 Reimbursement Agreement - Part A - 2,149,817.89 - 2,149,817.89 Reimbursement Agreement - Part B - - 2,260,000.00 2,260,000.00 $ 15,392,721.89$ 2,149,817.89$ 2,260,000.00$ 19,802,539.78 SOLANAPUBLIC IMPROVEMENT DISTRICT 6 2022ANNUAL SERVICE PLANUPDATE Improvement Area #2 Improvement Area #2 has an outstanding Assessment of $4,898,229.45. The outstanding Assessment is less than the $5,167,705.53in outstanding Assessment Part A, as shown below, due to a mandatory prepayment of Assessments for whichAssessment Part Ahave not yet been redeemedor released. Improvement Area #2 Assessment Part AAssessment Part BTotal Reimbursement Reimbursement Agreement - Agreement - Series 2015 Bond Part A Part B Total Outstanding Assessment Series 2015 Bond$ 4,534,409.22$ -$ -$ 4,534,409.22 Reimbursement Agreement - Part A - 633,296.31 - 633,296.31 Reimbursement Agreement - Part B - - - - $ 4,534,409.22$ 633,296.31$ -$ 5,167,705.53 Improvement Area #3 Improvement Area #3 has an outstanding Assessment of $4,470,754.69, as shown below. Improvement Area #3 Assessment Part AAssessment Part BTotal Reimbursement Reimbursement Agreement - Agreement - Series 2015 Bond Part A Part B Total Outstanding Assessment Series 2015 Bond$ 3,922,868.89$ -$ -$ 3,922,868.89 Reimbursement Agreement - Part A - 547,885.80 - 547,885.80 Reimbursement Agreement - Part B - - - - $ 3,922,868.89$ 547,885.80$ -$ 4,470,754.69 ANNUAL INSTALLMENT DUE 1/31/2023 Improvement Area #1 Principal and Interest - Thetotal principal and interest required for the Annual Installment for Improvement Area #1 is $1,606,689.31. Prepayment Reserve -The Prepayment Reserve Requirement, as defined in the Indenture, is equal to 1.5% of the principal amount of the then Outstanding Bonds and has not yet been met. As such, the Prepayment Reserve will be funded with 40% of the additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a Prepayment Reserve amount due for Improvement Area #1 of $30,785.44. Delinquency Reserve - The Delinquency Reserve Requirement, as defined in the Indenture, is equal to 4% of the principal amount of the then Outstanding Bonds and has not yet been met. As such, the Delinquency Reserve will be funded with 60% of the SOLANAPUBLIC IMPROVEMENT DISTRICT 7 2022ANNUAL SERVICE PLANUPDATE additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a Delinquency Reserve amount due for Improvement Area #1 of $46,178.17. Administrative Expenses - The cost of administering the PID and collecting the Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The total Administration Expenses budgeted for the Annual Installment for Improvement Area #1 is $58,067.19. A breakdown of the Administrative Expenses is shown below. Improvement Area #1 Administrative Expenses Breakdown Administration$ 43,687.81 City Auditor 1,681.70 Filing Fees 672.68 County Collection 134.54 PID Trustee Fees 2,181.70 Dissemination Agent 3,363.40 Draw Request Review 5,000.00 Continuing Disclosure Review 672.68 Miscellaneous 672.68 Total Administrative Expenses$ 58,067.19 Improvement Area #1 Assessment Part AAssessment Part BTotal Reimbursement Reimbursement Agreement - Agreement - Series 2015 Bond Part A Part B Total Annual Installment Due 1/31/2023 Principal$ 306,563.64$ 18,716.52$ 50,000.00$ 375,280.16 Interest 955,510.47 138,233.29 137,665.39 1,231,409.15 Prepayment Reserve 30,785.44 - - 30,785.44 Delinquency Reserve 46,178.17 - - 46,178.17 Administrative Expenses 58,067.19 - - 58,067.19 $ 1,397,104.92$ 156,949.81$ 187,665.39 $ 1,741,720.11 Improvement Area #2 Principal and Interest - The total principal and interest required for the Annual Installment for Improvement Area #2 is $418,018.02. Prepayment Reserve - The Prepayment Reserve Requirement, as defined in the Indenture, is equal to 1.5% of the principal amount of the then Outstanding Bonds and has not yet been met. As such, the Prepayment Reserve will be funded with 40% of the additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a Prepayment Reserve amount due for Improvement Area #2 of $9,068.82. Delinquency Reserve – The Delinquency Reserve Requirement, as defined in the Indenture, is equal to 4% of the principal amount of the then Outstanding Bonds and has not yet been met. As such, the Delinquency Reserve will be funded with 60% of the additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a Delinquency Reserve amount due for Improvement Area #2 of $13,606.23. SOLANAPUBLIC IMPROVEMENT DISTRICT 8 2022 ANNUAL SERVICE PLAN UPDATE Administrative Expenses - The cost of administering the PID and collecting the Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The total Administration Expenses budgeted for the Annual Installment for Improvement Area #2 is $13,714.16. A breakdown of the Administrative Expenses is shown below. Improvement Area #2 Administrative Expenses Breakdown Administration$ 11,397.64 City Auditor 438.74 Filing Fees 175.49 County Collection 35.10 PID Trustee Fees 438.74 Dissemination Agent 877.47 Draw Request Review - Continuing Disclosure Review 175.49 Miscellaneous 175.49 Total Administrative Expenses$ 13,714.16 Improvement Area #2 Assessment Part AAssessment Part BTotal Reimbursement Reimbursement Agreement - Agreement - Series 2015 Bond Part A Part B Total Annual Installment Due 1/31/2023 Principal$ 90,307.94$ 5,513.54$ -$ 95,821.48 Interest 281,475.59 40,720.95 - 322,196.54 Prepayment Reserve 9,068.82 - - 9,068.82 Delinquency Reserve 13,603.23 - - 13,603.23 Administrative Expenses 13,714.16 - - 13,714.16 $ 408,169.74$ 46,234.49$ -$ 454,404.23 Improvement Area #3 Principal and Interest - The total principal and interest required for the Annual Installment for Improvement Area #3 is $361,641.35. Prepayment Reserve - The Prepayment Reserve Requirement, as defined in the Indenture, is equal to 1.5% of the principal amount of the then Outstanding Bonds and has not yet been met. As such, the Prepayment Reserve will be funded with 40% of the additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a Prepayment Reserve amount due for Improvement Area #3 of $7,845.74. Delinquency Reserve - The Delinquency Reserve Requirement, as defined in the Indenture, is equal to 4% of the principal amount of the then Outstanding Bonds and has not yet been met. As such, the Delinquency Reserve will be funded with 60% of the additional 0.5% interest on the Series 2015 Bonds outstanding Assessment, resulting in a Delinquency Reserve amount due for Improvement Area #3 of $11,768.61. SOLANAPUBLIC IMPROVEMENT DISTRICT 9 2022 ANNUAL SERVICE PLAN UPDATE Administrative Expenses - The cost of administering the PID and collecting the Annual Installmentsshall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The total Administration Expenses budgeted for the Annual Installment for Improvement Area #3 is $11,864.59. A breakdown of the Administrative Expenses is shown below. Improvement Area #3 Administrative Expenses Breakdown Administration$ 9,860.48 City Auditor 379.56 Filing Fees 151.83 County Collection 30.37 PID Trustee Fees 379.56 Dissemination Agent 759.13 Draw Request Review - Continuing Disclosure Review 151.83 Miscellaneous 151.83 Total Administrative Expenses$ 11,864.59 Improvement Area #3 Assessment Part AAssessment Part BTotal Reimbursement Reimbursement Agreement - Agreement - Series 2015 Bond Part A Part B Total Annual Installment Due 1/31/2023 Principal$ 78,128.42$ 4,769.95$ -$ 82,898.36 Interest 243,513.94 35,229.06 - 278,742.99 Prepayment Reserve 7,845.74 - - 7,845.74 Delinquency Reserve 11,768.61 - - 11,768.61 Administrative Expenses 11,864.59 - - 11,864.59 $ 353,121.29$ 39,999.00$ -$ 393,120.29 The debt service schedules for the Series 2015 Bonds, Reimbursement Agreement – Part A, and Reimbursement Agreement – Part B, as provided by Lawrence FinancialConsulting, LLC, are attached hereto as Exhibit E-1, Exhibit E-2, and Exhibit E-3, respectively. PREPAYMENT OF ASSESSMENTS IN FULL No prepayments in full have occurred within the PID. PARTIAL PREPAYMENTS OF ASSESSMENTS The filing of the Replat of Westlake Entrada Lots 1R1 to 1R10, 2R, 3R, 4R & 5R, Block Gtriggered a mandatory prepayment on Lots 1R1 to 1R10, 2R, 3R, 4R & 5R, Block Gpursuant to Section VI.C of the Service and Assessment Plan. Themandatory prepaymentresulted in a net $305,938.57 reductionof Assessments ($36,462.49 allocable to Improvement Area #1 and $269,476.08 allocable to Improvement Area #2). SOLANAPUBLIC IMPROVEMENT DISTRICT 10 2022ANNUAL SERVICE PLANUPDATE EXTRAORDINARY OPTIONAL REDEMPTIONS No extraordinary optional redemptions have occurred to date. SERVICE PLAN – FIVE YEAR BUDGET FORECAST The PID Act requires the annual indebtedness and projected costs for the improvements to be reviewed and updated in the Annual Service Plan Update, and the projection shall cover a period of not less than five years. Improvement Area #1 1/31/20231/31/20241/31/20251/31/20261/31/2027 Annual Installment Due $ 375,280.16 $ 395,287.47 $ 416,422.40 $ 453,210.04 $ 478,862.75 Principal 1,231,409.15 1,205,074.79 1,182,946.40 1,159,637.85 1,131,944.56 Interest $ 1,606,689.31 $ 1,600,362.26 $ 1,599,368.80 $ 1,612,847.89 $ 1,610,807.31 (1) $ 76,963.61 $ 75,430.79 $ 73,817.30 $ 72,123.13 $ 70,267.61 Delinquency & Prepayment Reserve(2) $ 58,067.19 $ 59,228.53 $ 60,413.10 $ 61,621.37 $ 62,853.79 Administrative Expenses(3) $ 1,741,720.11 $ 1,735,021.59 $ 1,733,599.21 $ 1,746,592.39 $ 1,743,928.71 Total Annual Installment(4) = (1) + (2) + (3) Improvement Area #2 1/31/20231/31/20241/31/20251/31/20261/31/2027 Annual Installment Due $ 95,821.48 $ 101,715.26 $ 106,468.31 $ 117,305.26 $ 123,389.16 Principal 322,196.54 316,875.09 311,218.86 305,301.22 298,091.92 Interest $ 418,018.02 $ 418,590.35 $ 417,687.17 $ 422,606.48 $ 421,481.09 (1) $ 22,672.05 $ 22,220.51 $ 21,745.20 $ 21,246.13 $ 20,699.53 Delinquency & Prepayment Reserve(2) $ 13,714.16 $ 13,988.44 $ 14,268.21 $ 14,553.58 $ 14,844.65 Administrative Expenses(3) $ 454,404.23 $ 454,799.30 $ 453,700.59 $ 458,406.19 $ 457,025.26 Total Annual Installment(4) = (1) + (2) + (3) Improvement Area #3 1/31/20231/31/20241/31/20251/31/20261/31/2027 Annual Installment Due $ 82,898.36 $ 87,997.27 $ 92,109.29 $ 101,484.70 $ 106,748.09 Principal 278,742.99 274,139.22 269,245.83 264,126.29 257,889.28 Interest $ 361,641.35 $ 362,136.49 $ 361,355.13 $ 365,610.99 $ 364,637.37 (1) $ 19,614.34 $ 19,223.70 $ 18,812.50 $ 18,380.74 $ 17,907.86 Delinquency & Prepayment Reserve(2) $ 11,864.59 $ 12,101.88 $ 12,343.92 $ 12,590.80 $ 12,842.61 Administrative Expenses(3) $ 393,120.29 $ 393,462.08 $ 392,511.54 $ 396,582.52 $ 395,387.84 Total Annual Installment(4) = (1) + (2) + (3) PID Total 1/31/20231/31/20241/31/20251/31/20261/31/2027 Annual Installment Due $ 554,000.00 $ 585,000.00 $ 615,000.00 $ 672,000.00 $ 709,000.00 Principal 1,832,348.69 1,796,089.10 1,763,411.10 1,729,065.36 1,687,925.76 Interest $ 2,386,348.69 $ 2,381,089.10 $ 2,378,411.10 $ 2,401,065.36 $ 2,396,925.76 (1) $ 119,250.00 $ 116,875.00 $ 114,375.00 $ 111,750.00 $ 108,875.00 Delinquency & Prepayment Reserve(2) $ 83,645.94 $ 85,318.86 $ 87,025.24 $ 88,765.74 $ 90,541.06 Administrative Expenses(3) $ 2,589,244.63 $ 2,583,282.96 $ 2,579,811.34 $ 2,601,581.10 $ 2,596,341.82 Total Annual Installment(4) = (1) + (2) + (3) SOLANAPUBLIC IMPROVEMENT DISTRICT 11 2022ANNUAL SERVICE PLANUPDATE EQUIVALENT UNITS The Service and Assessment Plan uses Equivalent Units to apportion Assessmentsbased on Land Use Class. Thechart attached hereto as Exhibit C summarizes the original planned number of units broken down by Land Use Class and Improvement Area, assigns the Equivalent Unit factor to each Land Use Class as was originally calculated in the Service and Assessment Plan, and determines the total number of Equivalent Units for each Land Use Class in Improvement Area #1, Improvement Area #2, and Improvement Area #3. Equivalent Unit Factors are then multiplied by total Equivalent Units in each Land Use Class to determine Assessment per Unit for each Land Use Class for both Assessment Part A and Assessment Part B. The 2018 Annual Service Plan Updateapproved by Ordinance No. 861 on August 27, 2018 allocated Equivalent Units and their Assessment totheir 2018 tax parcel IDs assigned by the County. For the purpose of calculating or reallocating of Assessments and any corresponding prepayments of Assessments, all subsequent annual service plan updates, including this Annual Service Plan Update, is to use the information set forth in Exhibit D. The calculation of the estimated number of units to be built on a Parcel shall be performed by the Administrator and confirmed by the Town Council based on the information available regarding the use of the Parcel. The outstanding Assessment Part A and outstanding Assessment Part B in each Improvement Area is reallocated to the newly platted Parcels based on the corresponding approved development plans and projected development plan for each Parcel provided by the Developer. The detailed projected land use by Parcel isprovided by the Developer and the corresponding Equivalent Unit calculations are shown in Exhibit D. ASSESSMENT ROLL The list ofcurrentParcels or Lots within the PID, the corresponding totalAssessments, and current Annual Installment are shown on the Assessment Roll attached hereto as Exhibit A. The Parcels shown on the Assessment Roll will receive thebills for the 2022 Annual Installments which will be delinquent if not paid by January 31, 2023. SOLANAPUBLIC IMPROVEMENT DISTRICT 12 2022ANNUAL SERVICE PLANUPDATE 14 UPDATE UBLIC IMPROVEMENT DISTRICT P ANNUAL SERVICE PLAN 2 SOLANA202 15 UPDATE UBLIC IMPROVEMENT DISTRICT P ANNUAL SERVICE PLAN 2 SOLANA202 16 UPDATE UBLIC IMPROVEMENT DISTRICT P ANNUAL SERVICE PLAN 2 SOLANA202 17 UPDATE UBLIC IMPROVEMENT DISTRICT P ANNUAL SERVICE PLAN 2 SOLANA202 19 UPDATE UBLIC IMPROVEMENT DISTRICT P ANNUAL SERVICE PLAN 2 SOLANA202 EXHIBIT D–LAND USE AND EQUIVALENT UNITS BY PROPERTY ID ImprovementArea#1 Outstanding 2021 Property 2022 Property Units/ Land Use EU \[a\]\[b\] IDIDProposed UseSq. Ft.ClassFactorTotal EUAssessment 4244707942447079 Commercial - Retail2,200100.220.48$29,413.07 4244705242447052 Commercial - Retail1,200100.220.26$16,043.49 4244706142447061 Commercial - Office24,000110.204.80$291,699.89 Commercial - Retail7,000100.221.54$93,587.05 4222999342229993 Condo (2,500 sq. ft. to 3,600 sq. ft.)320.621.86$113,033.71 Condo (Under 2,500 sq. ft.)63 0.60 3.60 $218,774.91 4223000242230002Commercial - Retail3,460100.220.76$46,258.74 4223001142230011Commercial - Retail14,770100.223.25$197,468.67 4223002942230029Commercial - Office3,100110.200.62$37,677.90 4223003742230037Commercial - Office2,300110.200.46$27,954.57 4222997742229977Commercial - Retail12,100100.222.66$161,771.89 4222998542229985Commercial - Retail3,600100.220.79$48,130.48 4240279242402792 Commercial - Office37,000110.207.40$449,703.99 4240043942400439 Commercial - Office80,000110.2016.00$972,332.95 4240231842402318 Commercial - Retail72,472100.2215.94$968,924.52 4240232642402326 Public---$- 4240233442402334 Commercial - Office60,433110.2012.09$734,516.52 4240267942402679 Commercial - Office3,000110.200.60$36,462.49 4240261042402610 Public---$- 4240255542402555 Commercial - Office3,000110.200.60$36,462.49 4240249142837489 Commercial - Office5,000110.201.00$60,770.81 4240235142402351Public---$- 4240234242402342 Commercial - Retail67,263100.2214.80$899,282.39 4240236942402369 Commercial - Hospitality42,361120.218.90$540,605.57 4261673342616733 Commercial - Hospitality19,139120.214.02$244,249.43 4240237742402377 Commercial - Retail20,200100.224.44$270,065.48 4240238542402385 Commercial - Retail5,000100.221.10$66,847.89 4240239342402393 Commercial - Retail8,000100.221.76$106,956.62 4240242342402423 Commercial - Retail2,100100.220.46$28,076.11 4240240742402407 Commercial - Retail15,000100.223.30$200,543.67 4240241542402415 Commercial - Retail12,500100.222.75$167,119.73 4240283142402831 Commercial - Retail21,900100.224.82$292,793.76 Commercial - Retail5,000100.221.10$66,847.89 4240274142402741 Condo (More than 3,600 sq. ft.)611.006.00$364,624.86 Condo (2,500 sq. ft. to 3,600 sq. ft.)620.623.72$226,067.41 4240282242402822 Commercial - Institutional33,000130.196.27$381,032.98 4234642642346426 Commercial - Office22,000110.204.40$267,391.56 Commercial - Retail37,800100.228.32$505,370.05 4240278442402784 Condo (More than 3,600 sq. ft.)2011.0020.00$1,215,416.19 Condo (2,500 sq. ft. to 3,600 sq. ft.)3920.6224.18$1,469,438.17 Commercial - Retail23,400100.225.15$312,848.13 4240276842402768 Condo (More than 3,600 sq. ft.)611.006.00$364,624.86 Commercial - Retail23,400100.225.15$312,848.13 4240277642402776 Condo (2,500 sq. ft. to 3,600 sq. ft.)820.624.96$301,423.22 4240269542402695 Commercial - Hospitality97,000120.2120.37$1,237,901.39 4240270942402709 Commercial - Hospitality97,000120.2120.37$1,237,901.39 Commercial - Retail5,000100.221.10$66,847.89 4240275042402750 Condo (More than 3,600 sq. ft.)611.006.00$364,624.86 Condo (2,500 sq. ft. to 3,600 sq. ft.)1520.629.30$565,168.53 4240271742402717100,000 Commercial - Institutional130.1919.00$1,154,645.38 4240272542402725131,600 Commercial - Institutional130.1925.00$1,519,513.32 Commercial - Office-110.20-$- 4244712542447125 Commercial - Office3,000110.200.60$36,462.49 4240044742400447 Commercial - Office36,000110.207.20$437,549.83 Total - IA #1:325.26$19,766,077.29 Notes: \[a\] The proposed uses for each Property ID are provided by the Developer. \[b\]ThetotaloutstandingAssessmentislessthantheoutstandingAssessmentPartAandAssessmentPartBallocabletoImprovementArea#1dueto mandatory prepayments for which Assessment Part A or Assessment Part B have not yet been redeemed or released. SOLANAPUBLIC IMPROVEMENT DISTRICT 21 2022ANNUAL SERVICE PLANUPDATE ImprovementArea#2 Outstanding 2021 Property 2022 Property Units/ Land Use EU \[a\]\[b\] IDIDProposed UseSq. Ft.ClassFactorTotal EUAssessment 4222996942229969Villa - West Residential (Under 2,500 sq. ft.)2460.5212.47$663,711.96 4240268742402687 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)650.684.11$218,640.97 4240262842402628 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)650.684.11$218,640.97 4240263642402636Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240264442402644 4240265242402652Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (Under 2,500 sq. ft.)1560.527.79$414,819.98 4240266142402661 4240256342402563Villa - West Residential (More than 3,600 sq. ft.)1041.0010.00$532,207.49 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240257142402571 4240258042402580Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240259842402598 4240260142402601Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240250442402504 4240251242402512Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240252142402521Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240253942402539Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240254742402547Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)1550.6810.27$546,602.44 4240246642837454Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240247442837462Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4240248242837471 4240243142402431Villa - West Residential (Under 2,500 sq. ft.)1060.525.20$276,546.65 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4250912142509121 4250913942509139Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4250914742509147 4250915542791926Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4250916342791934 4250917142791942Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4250918042791951 4250919842509198Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4250920142509201 4250921042509210Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4250922842509228Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4250923642509236Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4250924442509244Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4250925242509252Villa - West Residential (More than 3,600 sq. ft.)141.001.00$53,220.75 4242458342424583Villa - West Residential (Under 2,500 sq. ft.)160.520.52$27,654.67 Villa - West Residential (Under 2,500 sq. ft.)160.520.52$27,654.67 4242459142424591 4242460542424605Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 Villa - West Residential (Under 2,500 sq. ft.)160.520.52$27,654.67 4242461342424613 4242462142424621Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4242463042424630 4242464842424648Villa - West Residential (Under 2,500 sq. ft.)160.520.52$27,654.67 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4242465642424656 4242466442424664Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4242467242424672 4242468142424681Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4242469942424699 4233116042331160Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4233117842331178Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4233118642331186Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4233119442331194Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4233120842331208Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 4233121642331216Villa - West Residential (2,500 sq. ft. to 3,600 sq. ft.)150.680.68$36,440.16 132 Total - IA #2:92.04$4,898,229.45 Notes: \[a\] The proposed uses for each Property ID are provided by the Developer. \[b\]ThetotaloutstandingAssessmentislessthantheoutstandingAssessmentPartAallocabletoImprovementArea#2duetomandatoryprepayments for which Assessment Part A have not yet been redeemed or released. SOLANAPUBLIC IMPROVEMENT DISTRICT 22 2022ANNUAL SERVICE PLANUPDATE ImprovementArea#2 2021 Property 2022 Property Units/ Land Use EUOutstanding \[a\] IDIDProposed UseSq. Ft.ClassFactorTotal EUAssessment Villa - East Residential (More than 3,600 sq. ft.)2171.0021.00$1,663,462.94 4240282242402822Villa - East Residential (2,500 sq. ft. to 3,600 sq. ft.)2380.6815.64$1,238,883.83 Villa - East Residential (Under 2,500 sq. ft.)3690.5519.80$1,568,407.92 80 Total - IA #3:56.44$4,470,754.69 Notes: \[a\] The proposed uses for each Property ID are provided by the Developer. SOLANAPUBLIC IMPROVEMENT DISTRICT 23 2022ANNUAL SERVICE PLANUPDATE EXHIBIT E-1–SERIES 2015 BONDS DEBT SERVICE SCHEDULE SOLANAPUBLIC IMPROVEMENT DISTRICT 24 2022ANNUAL SERVICE PLANUPDATE SOLANAPUBLIC IMPROVEMENT DISTRICT 25 2022 ANNUAL SERVICE PLAN UPDATE EXHIBIT E-2–REIMBURSEMENT AGREEMENT –PART A DEBT SERVICE SCHEDULE SOLANAPUBLIC IMPROVEMENT DISTRICT 26 2022ANNUAL SERVICE PLANUPDATE EXHIBIT E-3 – REIMBURSEMENT AGREEMENT – PART B DEBT SERVICE SCHEDULE SOLANAPUBLIC IMPROVEMENT DISTRICT 27 2022ANNUAL SERVICE PLANUPDATE EXHIBIT F–BUYER DISCLOSURES Forms of the buyer disclosures for the following proposed uses areshown in this exhibit. Improvement Area #1 Commercial –Retail(per 1,000 sf) Commercial –Office(per 1,000 sf) Commercial –Hospitality(per 1,000 sf) Commercial –Institutional(per 1,000 sf) Condo (More than 3,600 sf) Condo (2,500 to 3,600 sf) Condo (Under 2,500 sf) Improvement Area #2 Villa –West Residential (More than 3,600 sf) Villa –West Residential (2,500 sf to 3,600 sf) Villa –West Residential (Under 2,500 sf) Improvement Area #3 Villa –East Residential (More than 3,600 sf) Villa –EastResidential (2,500 sf to 3,600 sf) Villa –East Residential (Under 2,500 sf) SOLANAPUBLIC IMPROVEMENT DISTRICT 28 2022ANNUAL SERVICE PLANUPDATE SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 – COMMERCIAL –RETAIL (PER 1,000 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – COMMERCIAL – RETAIL (PER 1,000 SF) PRINCIPAL ASSESSMENT: $13,369.58 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – COMMERCIAL – RETAIL (PER 1,000 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 253.37$ 831.38$ 51.96$ 39.28$ 1,175.99 2024$ 266.88$ 813.60$ 50.93$ 40.06$ 1,171.46 2025$ 281.15$ 798.66$ 49.84$ 40.86$ 1,170.51 2026$ 305.98$ 782.92$ 48.69$ 41.68$ 1,179.28 2027$ 323.30$ 764.23$ 47.44$ 42.51$ 1,177.48 2028$ 351.95$ 744.47$ 46.13$ 43.36$ 1,185.92 2029$ 370.58$ 722.95$ 44.72$ 44.23$ 1,182.48 2030$ 396.28$ 700.29$ 43.25$ 45.12$ 1,184.94 2031$ 427.98$ 676.05$ 41.67$ 46.02$ 1,191.72 2032$ 462.73$ 649.85$ 39.98$ 46.94$ 1,199.50 2033$ 493.56$ 621.50$ 38.18$ 47.88$ 1,201.12 2034$ 535.72$ 591.26$ 36.28$ 48.83$ 1,212.09 2035$ 567.41$ 558.43$ 34.21$ 49.81$ 1,209.86 2036$ 614.25$ 523.64$ 32.03$ 50.81$ 1,220.73 2037$ 657.72$ 485.39$ 29.68$ 51.82$ 1,224.62 2038$ 702.49$ 444.43$ 27.18$ 52.86$ 1,226.96 2039$ 747.26$ 400.67$ 24.51$ 53.92$ 1,226.35 2040$ 807.17$ 354.11$ 21.68$ 55.00$ 1,237.95 2041$ 857.06$ 303.81$ 18.63$ 56.10$ 1,235.59 2042$ 926.67$ 249.60$ 15.41$ 57.22$ 1,248.89 2043$ 988.76$ 190.96$ 11.93$ 58.36$ 1,250.00 2044$ 1,063.48$ 128.39$ 8.22$ 59.53$ 1,259.63 2045$ 967.84$ 61.09$ 4.25$ 60.72$ 1,093.89 Total$ 13,369.58$ 12,397.67$ 766.79$ 1,132.92$ 27,666.95 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 – COMMERCIAL –OFFICE (PER 1,000 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – COMMERCIAL – OFFICE (PER 1,000 SF) PRINCIPAL ASSESSMENT: $12,154.16 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – COMMERCIAL – OFFICE (PER 1,000 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 230.33$ 755.80$ 47.24$ 35.71$ 1,069.08 2024$ 242.61$ 739.64$ 46.30$ 36.42$ 1,064.97 2025$ 255.59$ 726.05$ 45.31$ 37.15$ 1,064.10 2026$ 278.17$ 711.75$ 44.27$ 37.89$ 1,072.07 2027$ 293.91$ 694.75$ 43.13$ 38.65$ 1,070.44 2028$ 319.95$ 676.79$ 41.94$ 39.42$ 1,078.11 2029$ 336.89$ 657.23$ 40.65$ 40.21$ 1,074.98 2030$ 360.26$ 636.63$ 39.32$ 41.01$ 1,077.22 2031$ 389.08$ 614.59$ 37.88$ 41.83$ 1,083.38 2032$ 420.67$ 590.77$ 36.34$ 42.67$ 1,090.45 2033$ 448.69$ 565.00$ 34.71$ 43.52$ 1,091.93 2034$ 487.01$ 537.51$ 32.98$ 44.40$ 1,101.90 2035$ 515.83$ 507.66$ 31.10$ 45.28$ 1,099.87 2036$ 558.41$ 476.04$ 29.12$ 46.19$ 1,109.75 2037$ 597.92$ 441.27$ 26.99$ 47.11$ 1,113.29 2038$ 638.63$ 404.03$ 24.71$ 48.05$ 1,115.42 2039$ 679.33$ 364.24$ 22.28$ 49.02$ 1,114.87 2040$ 733.79$ 321.91$ 19.71$ 50.00$ 1,125.41 2041$ 779.14$ 276.19$ 16.93$ 51.00$ 1,123.26 2042$ 842.42$ 226.90$ 14.01$ 52.02$ 1,135.36 2043$ 898.87$ 173.60$ 10.84$ 53.06$ 1,136.37 2044$ 966.80$ 116.72$ 7.48$ 54.12$ 1,145.11 2045$ 879.85$ 55.53$ 3.86$ 55.20$ 994.45 Total$ 12,154.16$ 11,270.61$ 697.08$ 1,029.92$ 25,151.78 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 – COMMERCIAL –HOSPITALITY (PER 1,000 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and saleof the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – COMMERCIAL – HOSPITALITY (PER 1,000 SF) PRINCIPAL ASSESSMENT: $12,761.87 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – COMMERCIAL – HOSPITALITY(PER 1,000 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 241.85$ 793.59$ 49.60$ 37.49$ 1,122.53 2024$ 254.75$ 776.62$ 48.61$ 38.24$ 1,118.22 2025$ 268.37$ 762.36$ 47.57$ 39.01$ 1,117.30 2026$ 292.07$ 747.34$ 46.48$ 39.79$ 1,125.68 2027$ 308.61$ 729.49$ 45.28$ 40.58$ 1,123.96 2028$ 335.95$ 710.63$ 44.04$ 41.39$ 1,132.01 2029$ 353.73$ 690.09$ 42.68$ 42.22$ 1,128.73 2030$ 378.27$ 668.46$ 41.28$ 43.07$ 1,131.08 2031$ 408.53$ 645.32$ 39.77$ 43.93$ 1,137.55 2032$ 441.70$ 620.31$ 38.16$ 44.80$ 1,144.98 2033$ 471.12$ 593.25$ 36.45$ 45.70$ 1,146.53 2034$ 511.36$ 564.39$ 34.63$ 46.62$ 1,156.99 2035$ 541.62$ 533.04$ 32.65$ 47.55$ 1,154.86 2036$ 586.33$ 499.84$ 30.57$ 48.50$ 1,165.24 2037$ 627.82$ 463.33$ 28.34$ 49.47$ 1,168.95 2038$ 670.56$ 424.23$ 25.94$ 50.46$ 1,171.19 2039$ 713.29$ 382.46$ 23.40$ 51.47$ 1,170.61 2040$ 770.48$ 338.01$ 20.69$ 52.50$ 1,181.68 2041$ 818.10$ 290.00$ 17.78$ 53.55$ 1,179.43 2042$ 884.55$ 238.25$ 14.71$ 54.62$ 1,192.13 2043$ 943.81$ 182.28$ 11.39$ 55.71$ 1,193.19 2044$ 1,015.14$ 122.55$ 7.85$ 56.82$ 1,202.37 2045$ 923.84$ 58.31$ 4.06$ 57.96$ 1,044.17 Total$ 12,761.87$ 11,834.14$ 731.93$ 1,081.42$ 26,409.36 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 – COMMERCIAL –INSTITUTIONAL (PER 1,000 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – COMMERCIAL – INSTITUTIONAL(PER 1,000 SF) PRINCIPAL ASSESSMENT: $11,546.45 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Councilin the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – COMMERCIAL – INSTITUTIONAL(PER 1,000 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 218.82$ 718.01$ 44.88$ 33.92$ 1,015.62 2024$ 230.48$ 702.65$ 43.98$ 34.60$ 1,011.72 2025$ 242.81$ 689.75$ 43.04$ 35.29$ 1,010.89 2026$ 264.26$ 676.16$ 42.05$ 36.00$ 1,018.47 2027$ 279.22$ 660.01$ 40.97$ 36.72$ 1,016.92 2028$ 303.96$ 642.95$ 39.84$ 37.45$ 1,024.20 2029$ 320.04$ 624.37$ 38.62$ 38.20$ 1,021.23 2030$ 342.25$ 604.80$ 37.35$ 38.96$ 1,023.36 2031$ 369.62$ 583.86$ 35.99$ 39.74$ 1,029.21 2032$ 399.63$ 561.23$ 34.53$ 40.54$ 1,035.93 2033$ 426.26$ 536.75$ 32.97$ 41.35$ 1,037.33 2034$ 462.66$ 510.63$ 31.33$ 42.18$ 1,046.80 2035$ 490.04$ 482.28$ 29.54$ 43.02$ 1,044.88 2036$ 530.49$ 452.23$ 27.66$ 43.88$ 1,054.26 2037$ 568.03$ 419.20$ 25.64$ 44.76$ 1,057.63 2038$ 606.69$ 383.83$ 23.47$ 45.65$ 1,059.65 2039$ 645.36$ 346.03$ 21.17$ 46.57$ 1,059.12 2040$ 697.10$ 305.82$ 18.72$ 47.50$ 1,069.14 2041$ 740.19$ 262.38$ 16.09$ 48.45$ 1,067.10 2042$ 800.30$ 215.56$ 13.31$ 49.42$ 1,078.59 2043$ 853.93$ 164.92$ 10.30$ 50.40$ 1,079.55 2044$ 918.46$ 110.88$ 7.10$ 51.41$ 1,087.86 2045$ 835.86$ 52.76$ 3.67$ 52.44$ 944.72 Total$ 11,546.45$ 10,707.08$ 662.23$ 978.43$ 23,894.19 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 –CONDO (MORE THAN 3,600 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that islocated in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaserof the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase andsale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – CONDO (MORE THAN 3,600 SF) PRINCIPAL ASSESSMENT: $60,770.81 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – CONDO (MORE THAN 3,600 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 1,151.67$ 3,779.00$ 236.19$ 178.53$ 5,345.39 2024$ 1,213.07$ 3,698.18$ 231.48$ 182.10$ 5,324.84 2025$ 1,277.93$ 3,630.27$ 226.53$ 185.74$ 5,320.48 2026$ 1,390.83$ 3,558.74$ 221.33$ 189.45$ 5,360.36 2027$ 1,469.55$ 3,473.76$ 215.64$ 193.24$ 5,352.19 2028$ 1,599.77$ 3,383.95$ 209.70$ 197.11$ 5,390.53 2029$ 1,684.44$ 3,286.16$ 203.26$ 201.05$ 5,374.91 2030$ 1,801.30$ 3,183.16$ 196.58$ 205.07$ 5,386.10 2031$ 1,945.38$ 3,072.95$ 189.40$ 209.17$ 5,416.90 2032$ 2,103.33$ 2,953.87$ 181.72$ 213.36$ 5,452.27 2033$ 2,243.45$ 2,825.02$ 173.55$ 217.62$ 5,459.65 2034$ 2,435.07$ 2,687.55$ 164.89$ 221.98$ 5,509.48 2035$ 2,579.16$ 2,538.30$ 155.48$ 226.42$ 5,499.35 2036$ 2,792.06$ 2,380.18$ 145.58$ 230.94$ 5,548.76 2037$ 2,989.62$ 2,206.34$ 134.93$ 235.56$ 5,566.45 2038$ 3,193.13$ 2,020.14$ 123.54$ 240.27$ 5,577.09 2039$ 3,396.63$ 1,821.22$ 111.41$ 245.08$ 5,574.34 2040$ 3,668.95$ 1,609.57$ 98.54$ 249.98$ 5,627.04 2041$ 3,895.72$ 1,380.94$ 84.67$ 254.98$ 5,616.32 2042$ 4,212.12$ 1,134.52$ 70.06$ 260.08$ 5,676.79 2043$ 4,494.35$ 867.99$ 54.22$ 265.28$ 5,681.84 2044$ 4,834.01$ 583.59$ 37.38$ 270.59$ 5,725.57 2045$ 4,399.26$ 277.66$ 19.31$ 276.00$ 4,972.23 Total$ 60,770.81$ 56,353.05$ 3,485.40$ 5,149.62$ 125,758.88 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 –CONDO (2,500 SF TO 3,600 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six monthsis considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – CONDO (2,500 SF TO 3,600 SF) PRINCIPAL ASSESSMENT: $37,677.90 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – CONDO (2,500 SF TO 3,600 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 714.04$ 2,342.98$ 146.44$ 110.69$ 3,314.14 2024$ 752.11$ 2,292.87$ 143.52$ 112.90$ 3,301.40 2025$ 792.32$ 2,250.77$ 140.45$ 115.16$ 3,298.70 2026$ 862.31$ 2,206.42$ 137.23$ 117.46$ 3,323.42 2027$ 911.12$ 2,153.73$ 133.70$ 119.81$ 3,318.36 2028$ 991.86$ 2,098.05$ 130.01$ 122.21$ 3,342.13 2029$ 1,044.35$ 2,037.42$ 126.02$ 124.65$ 3,332.44 2030$ 1,116.80$ 1,973.56$ 121.88$ 127.14$ 3,339.38 2031$ 1,206.14$ 1,905.23$ 117.43$ 129.69$ 3,358.48 2032$ 1,304.06$ 1,831.40$ 112.67$ 132.28$ 3,380.41 2033$ 1,390.94$ 1,751.51$ 107.60$ 134.93$ 3,384.98 2034$ 1,509.74$ 1,666.28$ 102.23$ 137.63$ 3,415.88 2035$ 1,599.08$ 1,573.75$ 96.40$ 140.38$ 3,409.60 2036$ 1,731.08$ 1,475.71$ 90.26$ 143.19$ 3,440.23 2037$ 1,853.57$ 1,367.93$ 83.66$ 146.05$ 3,451.20 2038$ 1,979.74$ 1,252.49$ 76.60$ 148.97$ 3,457.79 2039$ 2,105.91$ 1,129.16$ 69.07$ 151.95$ 3,456.09 2040$ 2,274.75$ 997.93$ 61.09$ 154.99$ 3,488.77 2041$ 2,415.35$ 856.18$ 52.50$ 158.09$ 3,482.12 2042$ 2,611.52$ 703.41$ 43.44$ 161.25$ 3,519.61 2043$ 2,786.50$ 538.15$ 33.62$ 164.48$ 3,522.74 2044$ 2,997.09$ 361.82$ 23.18$ 167.76$ 3,549.86 2045$ 2,727.54$ 172.15$ 11.97$ 171.12$ 3,082.78 Total$ 37,677.90$ 34,938.89$ 2,160.95$ 3,192.77$ 77,970.50 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #1 –CONDO (UNDER 2,500 SF)–BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciaryin the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase andsale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #1 – CONDO (UNDER 2,500 SF) PRINCIPAL ASSESSMENT: $36,462.49 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 – CONDO (UNDER 2,500 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 691.00$ 2,267.40$ 141.71$ 107.12$ 3,207.23 2024$ 727.84$ 2,218.91$ 138.89$ 109.26$ 3,194.90 2025$ 766.76$ 2,178.16$ 135.92$ 111.44$ 3,192.29 2026$ 834.50$ 2,135.25$ 132.80$ 113.67$ 3,216.22 2027$ 881.73$ 2,084.25$ 129.38$ 115.95$ 3,211.32 2028$ 959.86$ 2,030.37$ 125.82$ 118.27$ 3,234.32 2029$ 1,010.66$ 1,971.69$ 121.96$ 120.63$ 3,224.94 2030$ 1,080.78$ 1,909.90$ 117.95$ 123.04$ 3,231.66 2031$ 1,167.23$ 1,843.77$ 113.64$ 125.50$ 3,250.14 2032$ 1,262.00$ 1,772.32$ 109.03$ 128.01$ 3,271.36 2033$ 1,346.07$ 1,695.01$ 104.13$ 130.57$ 3,275.79 2034$ 1,461.04$ 1,612.53$ 98.93$ 133.19$ 3,305.69 2035$ 1,547.49$ 1,522.98$ 93.29$ 135.85$ 3,299.61 2036$ 1,675.24$ 1,428.11$ 87.35$ 138.57$ 3,329.26 2037$ 1,793.77$ 1,323.80$ 80.96$ 141.34$ 3,339.87 2038$ 1,915.88$ 1,212.09$ 74.12$ 144.16$ 3,346.25 2039$ 2,037.98$ 1,092.73$ 66.85$ 147.05$ 3,344.60 2040$ 2,201.37$ 965.74$ 59.12$ 149.99$ 3,376.22 2041$ 2,337.43$ 828.57$ 50.80$ 152.99$ 3,369.79 2042$ 2,527.27$ 680.71$ 42.04$ 156.05$ 3,406.07 2043$ 2,696.61$ 520.79$ 32.53$ 159.17$ 3,409.10 2044$ 2,900.41$ 350.15$ 22.43$ 162.35$ 3,435.34 2045$ 2,639.55$ 166.60$ 11.59$ 165.60$ 2,983.34 Total$ 36,462.49$ 33,811.83$ 2,091.24$ 3,089.77$ 75,455.33 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #2 –VILLA – WEST RESIDENTIAL (MORE THAN 3,600 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT Aperson who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), orChapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #2 – VILLA – WEST RESIDENTIAL (MORE THAN 3,600 SF) PRINCIPAL ASSESSMENT: $53,220.75 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #2 – VILLA – WEST RESIDENTIAL (MORE THAN 3,600 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 986.84$ 3,318.21$ 233.49$ 149.01$ 4,687.55 2024$ 1,047.54$ 3,263.41$ 228.84$ 151.99$ 4,691.78 2025$ 1,096.49$ 3,205.16$ 223.95$ 155.03$ 4,680.62 2026$ 1,208.09$ 3,144.21$ 218.81$ 158.13$ 4,729.24 2027$ 1,270.75$ 3,069.97$ 213.18$ 161.29$ 4,715.19 2028$ 1,384.32$ 2,991.84$ 207.30$ 164.52$ 4,747.98 2029$ 1,452.85$ 2,906.71$ 200.94$ 167.81$ 4,728.30 2030$ 1,568.37$ 2,817.32$ 194.33$ 171.16$ 4,751.19 2031$ 1,695.64$ 2,720.81$ 187.23$ 174.59$ 4,778.27 2032$ 1,836.62$ 2,616.40$ 179.65$ 178.08$ 4,810.75 2033$ 1,959.97$ 2,503.24$ 171.57$ 181.64$ 4,816.42 2034$ 2,134.23$ 2,382.44$ 163.00$ 185.27$ 4,864.95 2035$ 2,261.50$ 2,250.88$ 153.70$ 188.98$ 4,855.07 2036$ 2,441.64$ 2,111.44$ 143.91$ 192.76$ 4,889.75 2037$ 2,621.78$ 1,958.23$ 133.39$ 196.61$ 4,910.01 2038$ 2,807.79$ 1,793.70$ 122.13$ 200.55$ 4,924.17 2039$ 2,993.80$ 1,617.48$ 110.14$ 204.56$ 4,925.97 2040$ 3,232.68$ 1,429.56$ 97.41$ 208.65$ 4,968.29 2041$ 3,426.52$ 1,226.63$ 83.71$ 212.82$ 4,949.68 2042$ 3,724.14$ 1,007.89$ 69.26$ 217.08$ 5,018.37 2043$ 3,972.81$ 770.15$ 53.60$ 221.42$ 5,017.98 2044$ 4,278.26$ 516.53$ 36.96$ 225.85$ 5,057.60 2045$ 3,818.13$ 243.41$ 19.09$ 230.36$ 4,310.99 Total$ 53,220.75$ 49,865.59$ 3,445.61$ 4,298.14$ 110,830.10 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #2 –VILLA – WEST RESIDENTIAL (2,500 SFTO 3,600 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise conveyreal property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall firstgive to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deedin lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #2 – VILLA – WEST RESIDENTIAL (2,500 SF TO 3,600 SF) PRINCIPAL ASSESSMENT: $36,440.16 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #2 – VILLA – WEST RESIDENTIAL (2,500 SF TO 3,600 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 675.69$ 2,271.97$ 159.87$ 102.03$ 3,209.56 2024$ 717.25$ 2,234.45$ 156.69$ 104.07$ 3,212.45 2025$ 750.76$ 2,194.57$ 153.34$ 106.15$ 3,204.81 2026$ 827.18$ 2,152.84$ 149.82$ 108.27$ 3,238.10 2027$ 870.08$ 2,102.00$ 145.96$ 110.44$ 3,228.48 2028$ 947.84$ 2,048.51$ 141.94$ 112.64$ 3,250.93 2029$ 994.76$ 1,990.22$ 137.58$ 114.90$ 3,237.46 2030$ 1,073.86$ 1,929.02$ 133.06$ 117.20$ 3,253.13 2031$ 1,161.00$ 1,862.93$ 128.20$ 119.54$ 3,271.67 2032$ 1,257.53$ 1,791.45$ 123.00$ 121.93$ 3,293.91 2033$ 1,341.99$ 1,713.96$ 117.47$ 124.37$ 3,297.79 2034$ 1,461.31$ 1,631.25$ 111.61$ 126.86$ 3,331.02 2035$ 1,548.45$ 1,541.17$ 105.24$ 129.39$ 3,324.26 2036$ 1,671.79$ 1,445.70$ 98.54$ 131.98$ 3,348.00 2037$ 1,795.13$ 1,340.79$ 91.33$ 134.62$ 3,361.88 2038$ 1,922.49$ 1,228.14$ 83.62$ 137.31$ 3,371.57 2039$ 2,049.85$ 1,107.48$ 75.41$ 140.06$ 3,372.81 2040$ 2,213.41$ 978.81$ 66.70$ 142.86$ 3,401.78 2041$ 2,346.13$ 839.87$ 57.31$ 145.72$ 3,389.04 2042$ 2,549.91$ 690.10$ 47.43$ 148.63$ 3,436.07 2043$ 2,720.18$ 527.32$ 36.70$ 151.61$ 3,435.80 2044$ 2,929.32$ 353.67$ 25.30$ 154.64$ 3,462.93 2045$ 2,614.26$ 166.66$ 13.07$ 157.73$ 2,951.72 Total$ 36,440.16$ 34,142.89$ 2,359.21$ 2,942.93$ 75,885.19 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #2 –VILLA – WEST RESIDENTIAL (UNDER 2,500SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #2 – VILLA – WEST RESIDENTIAL (UNDER 2,500 SF) PRINCIPAL ASSESSMENT: $27,654.67 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Councilin the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #2 – VILLA – WEST RESIDENTIAL (UNDER 2,500 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 512.78$ 1,724.22$ 121.33$ 77.43$ 2,435.75 2024$ 544.32$ 1,695.74$ 118.91$ 78.98$ 2,437.95 2025$ 569.76$ 1,665.47$ 116.37$ 80.56$ 2,432.15 2026$ 627.75$ 1,633.80$ 113.70$ 82.17$ 2,457.42 2027$ 660.31$ 1,595.22$ 110.77$ 83.81$ 2,450.11 2028$ 719.32$ 1,554.62$ 107.72$ 85.49$ 2,467.15 2029$ 754.93$ 1,510.39$ 104.41$ 87.20$ 2,456.93 2030$ 814.96$ 1,463.94$ 100.98$ 88.94$ 2,468.82 2031$ 881.09$ 1,413.79$ 97.29$ 90.72$ 2,482.89 2032$ 954.35$ 1,359.54$ 93.35$ 92.53$ 2,499.77 2033$ 1,018.44$ 1,300.74$ 89.15$ 94.38$ 2,502.72 2034$ 1,108.99$ 1,237.97$ 84.70$ 96.27$ 2,527.93 2035$ 1,175.13$ 1,169.61$ 79.87$ 98.20$ 2,522.80 2036$ 1,268.73$ 1,097.15$ 74.78$ 100.16$ 2,540.82 2037$ 1,362.33$ 1,017.54$ 69.31$ 102.16$ 2,551.35 2038$ 1,458.99$ 932.05$ 63.46$ 104.21$ 2,558.70 2039$ 1,555.64$ 840.48$ 57.23$ 106.29$ 2,559.64 2040$ 1,679.77$ 742.83$ 50.62$ 108.42$ 2,581.63 2041$ 1,780.50$ 637.38$ 43.49$ 110.59$ 2,571.96 2042$ 1,935.14$ 523.72$ 35.99$ 112.80$ 2,607.66 2043$ 2,064.36$ 400.19$ 27.85$ 115.05$ 2,607.45 2044$ 2,223.08$ 268.40$ 19.20$ 117.36$ 2,628.04 2045$ 1,983.98$ 126.48$ 9.92$ 119.70$ 2,240.08 Total$ 27,654.67$ 25,911.25$ 1,790.42$ 2,233.41$ 57,589.74 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #3 –VILLA – EAST RESIDENTIAL (MORE THAN 3,600 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deedin lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #3 – VILLA – EAST RESIDENTIAL (MORE THAN 3,600 SF) PRINCIPAL ASSESSMENT: $79,212.52 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Councilin the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #3 – VILLA – EASTRESIDENTIAL (MORE THAN 3,600 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 1,468.79$ 4,938.75$ 347.53$ 210.22$ 6,965.28 2024$ 1,559.13$ 4,857.18$ 340.60$ 214.42$ 6,971.33 2025$ 1,631.99$ 4,770.48$ 333.32$ 218.71$ 6,954.49 2026$ 1,798.10$ 4,679.77$ 325.67$ 223.08$ 7,026.62 2027$ 1,891.36$ 4,569.26$ 317.29$ 227.54$ 7,005.45 2028$ 2,060.38$ 4,452.98$ 308.55$ 232.10$ 7,054.01 2029$ 2,162.38$ 4,326.28$ 299.08$ 236.74$ 7,024.47 2030$ 2,334.32$ 4,193.24$ 289.24$ 241.47$ 7,058.27 2031$ 2,523.75$ 4,049.58$ 278.68$ 246.30$ 7,098.31 2032$ 2,733.58$ 3,894.20$ 267.38$ 251.23$ 7,146.38 2033$ 2,917.17$ 3,725.76$ 255.36$ 256.25$ 7,154.55 2034$ 3,176.54$ 3,545.96$ 242.61$ 261.38$ 7,226.50 2035$ 3,365.97$ 3,350.15$ 228.77$ 266.60$ 7,211.50 2036$ 3,634.08$ 3,142.61$ 214.20$ 271.94$ 7,262.83 2037$ 3,902.20$ 2,914.58$ 198.53$ 277.38$ 7,292.68 2038$ 4,179.05$ 2,669.70$ 181.78$ 282.92$ 7,313.45 2039$ 4,455.90$ 2,407.41$ 163.93$ 288.58$ 7,315.83 2040$ 4,811.44$ 2,127.72$ 144.98$ 294.35$ 7,378.50 2041$ 5,099.96$ 1,825.69$ 124.58$ 300.24$ 7,350.47 2042$ 5,542.92$ 1,500.12$ 103.09$ 306.24$ 7,452.38 2043$ 5,913.04$ 1,146.28$ 79.78$ 312.37$ 7,451.46 2044$ 6,367.66$ 768.79$ 55.01$ 318.62$ 7,510.08 2045$ 5,682.81$ 362.28$ 28.41$ 324.99$ 6,398.49 Total$ 79,212.52$ 74,218.78$ 5,128.37$ 6,063.67$ 164,623.34 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #3 –VILLA – EAST RESIDENTIAL (2,500 SF TO 3,600 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #3 – VILLA – EAST RESIDENTIAL (2,500 SF TO 3,600 SF) PRINCIPAL ASSESSMENT: $53,864.51 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount ofthe assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Councilin the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the addressdescribed above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #3 – VILLA – EASTRESIDENTIAL (2,500 SF TO 3,600 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 998.78$ 3,358.35$ 236.32$ 142.95$ 4,736.39 2024$ 1,060.21$ 3,302.88$ 231.61$ 145.81$ 4,740.51 2025$ 1,109.75$ 3,243.93$ 226.66$ 148.72$ 4,729.05 2026$ 1,222.71$ 3,182.24$ 221.45$ 151.70$ 4,778.10 2027$ 1,286.12$ 3,107.10$ 215.76$ 154.73$ 4,763.71 2028$ 1,401.06$ 3,028.03$ 209.81$ 157.82$ 4,796.73 2029$ 1,470.42$ 2,941.87$ 203.37$ 160.98$ 4,776.64 2030$ 1,587.34$ 2,851.40$ 196.68$ 164.20$ 4,799.63 2031$ 1,716.15$ 2,753.72$ 189.50$ 167.49$ 4,826.85 2032$ 1,858.83$ 2,648.05$ 181.82$ 170.83$ 4,859.54 2033$ 1,983.68$ 2,533.52$ 173.65$ 174.25$ 4,865.09 2034$ 2,160.05$ 2,411.25$ 164.98$ 177.74$ 4,914.02 2035$ 2,288.86$ 2,278.11$ 155.56$ 181.29$ 4,903.82 2036$ 2,471.18$ 2,136.98$ 145.65$ 184.92$ 4,938.72 2037$ 2,653.49$ 1,981.91$ 135.00$ 188.62$ 4,959.02 2038$ 2,841.75$ 1,815.40$ 123.61$ 192.39$ 4,973.15 2039$ 3,030.02$ 1,637.04$ 111.47$ 196.24$ 4,974.76 2040$ 3,271.78$ 1,446.85$ 98.59$ 200.16$ 5,017.38 2041$ 3,467.97$ 1,241.47$ 84.72$ 204.16$ 4,998.32 2042$ 3,769.19$ 1,020.08$ 70.10$ 208.25$ 5,067.62 2043$ 4,020.86$ 779.47$ 54.25$ 212.41$ 5,066.99 2044$ 4,330.01$ 522.78$ 37.40$ 216.66$ 5,106.85 2045$ 3,864.31$ 246.35$ 19.32$ 220.99$ 4,350.97 Total$ 53,864.51$ 50,468.77$ 3,487.29$ 4,123.30$ 111,943.87 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment SOLANAPUBLIC IMPROVEMENT DISTRICT–IMPROVEMENT AREA #3 –VILLA – EAST RESIDENTIAL (UNDER 2,500 SF) –BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deedin lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. 1 AFTER RECORDING RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE TOWN OF WESTLAKE, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #3 – VILLA – EASTRESIDENTIAL (UNDER 2,500 SF) PRINCIPAL ASSESSMENT: $43,566.89 As the purchaser of the real property described above, you are obligated to pay assessments to the Town of Westlake, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within the Solana Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the Town of Westlake. The exact amount of each annual installment will be approved each year by the Town of Westlake Town Councilin the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the Town of Westlake. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County when updating for the Current Information of Obligation to Pay Improvement District Assessment. \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: 2 SIGNATURE OF SELLER SIGNATURE OF SELLER\] ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment \[The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 3 Notary Public, State of Texas\] ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment \[The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and _________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________ , 20__. 4 Notary Public, State of Texas\] ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Tarrant County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #3 – VILLA – EASTRESIDENTIAL (UNDER 2,500 SF) Delinquency and Administrative Due 1/31 Principal InterestPrepayment ReserveExpensesAnnual Installment 2023$ 807.83$ 2,716.31$ 191.14$ 115.62$ 3,830.90 2024$ 857.52$ 2,671.45$ 187.33$ 117.93$ 3,834.23 2025$ 897.59$ 2,623.76$ 183.33$ 120.29$ 3,824.97 2026$ 988.95$ 2,573.87$ 179.12$ 122.70$ 3,864.64 2027$ 1,040.25$ 2,513.10$ 174.51$ 125.15$ 3,853.00 2028$ 1,133.21$ 2,449.14$ 169.70$ 127.65$ 3,879.70 2029$ 1,189.31$ 2,379.45$ 164.49$ 130.21$ 3,863.46 2030$ 1,283.88$ 2,306.28$ 159.08$ 132.81$ 3,882.05 2031$ 1,388.06$ 2,227.27$ 153.27$ 135.47$ 3,904.07 2032$ 1,503.47$ 2,141.81$ 147.06$ 138.18$ 3,930.51 2033$ 1,604.45$ 2,049.17$ 140.45$ 140.94$ 3,935.00 2034$ 1,747.10$ 1,950.28$ 133.44$ 143.76$ 3,974.57 2035$ 1,851.28$ 1,842.59$ 125.82$ 146.63$ 3,966.33 2036$ 1,998.75$ 1,728.44$ 117.81$ 149.57$ 3,994.56 2037$ 2,146.21$ 1,603.02$ 109.19$ 152.56$ 4,010.98 2038$ 2,298.48$ 1,468.34$ 99.98$ 155.61$ 4,022.40 2039$ 2,450.75$ 1,324.08$ 90.16$ 158.72$ 4,023.70 2040$ 2,646.29$ 1,170.24$ 79.74$ 161.89$ 4,058.18 2041$ 2,804.98$ 1,004.13$ 68.52$ 165.13$ 4,042.76 2042$ 3,048.61$ 825.07$ 56.70$ 168.43$ 4,098.81 2043$ 3,252.17$ 630.45$ 43.88$ 171.80$ 4,098.30 2044$ 3,502.21$ 422.84$ 30.25$ 175.24$ 4,130.54 2045$ 3,125.54$ 199.25$ 15.63$ 178.74$ 3,519.17 Total$ 43,566.89$ 40,820.33$ 2,820.60$ 3,335.02$ 90,542.84 Notes: ThefiguresshownaboveareestimatesonlyandsubjecttochangeinAnnualServicePlanUpdates.Changesin AdministrativeExpenses,reservefundrequirements,interestearnings,orotheravailableoffsetscouldincreaseor decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment Westlake Town Council T YPE OF A CTION Regular Meeting -Action Item 7¤²³« ª¤ 4®¶­ #®´­¢¨« -¤¤³¨­¦ Monday, August 29, 2022 T OPIC:Consider approval of an Ordinance amending and establishing a new Water and Wastewater Rate and Fee Schedule, and repealing Ordinance 917. S TAFF C ONTACT: Jarrod Greenwood, Acting Town Manager Strategic Alignment Outcome Vision, Value, Mission Perspective Strategic Theme & Results Objective Exemplary Service & Governance - We set the standard by delivering Increase Financial Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Capacity / Reserves educational services at the lowest cost. Time Line - Start Date: August 29, 2022 Completion Date: August 29, 2022 Funding Amount: N/A Status - N/A Source - N/A Contract: No Forms: N/A E XECUTIVE S UMMARY (I NCLUDING A PPLICABLE O RGANIZATIONAL H ISTORY) The Town’s rate consultant and staff recommend maintaining the current residential and commercial water rates, while increasing residential and commercial wastewater rates as follows: Proposed Water & Wastewater Proposed Water & Wastewater Base Rate Increase Volume Rate Increase Residential 5.0% 5.0% Commercial 5.0% 5.0% Page 1 of 2 The purpose of a rate study, within our community, is to determine whether the Utility Fund is accomplishing full cost recovery for services while maintaining an appropriate fund reserve balance in accordance with the Town’s adopted Financial Policy. The new rate study was performed by our rate consultant, NewGen Strategies & Solutions, that has a national presence and is used considerably across our region. NewGen Strategies & Solutions, is a management and economic consulting firm specializing in serving the utility industry. They provide financial, cost of service (COS), rate design, valuation, strategy, expert witness, stakeholder, and sustainability consulting services to a variety of clients including municipalities, counties, water supply corporations, irrigation districts, councils of government, regional and state agencies and commissions, state and federal courts, and state and federal oversight agencies. Their expertise includes litigation support in state and federal legal and regulatory proceedings, utility business and financial planning, and sustainability strategy for water, wastewater, solid waste, electric, and natural gas utilities. The Town of Westlake’s 2022 Utility Rate Study provides a comprehensive review of historical and projected water/sewer consumption and revenues, capital assets, depreciation, operation and maintenance expenses, and debt. Key drivers of the proposed rates includes a projected increase in the number of customers, current debt obligations, and wholesale water/sewer rate alignment. RECOMMENDATION Staff recommends approval. A TTACHMENTS Ordinance XXX with rate table. Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. XXX AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING AND ESTABLISHING A NEW WATER AND WASTEWATER RATE AND FEE SCHEDULE; REPEALING ORDINANCE 917 IN ITS ENTIRETY; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Westlake finds the provision of water and wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, the Town Council of the Town of Westlake finds the proposed Water and Wastewater rate and fee schedule provides sufficient recovery of cost of services while maintaining an appropriate fund reserve balance in accordance with the Town’s adopted Financial Policy; and WHEREAS, the Town Council repeals Ordinance 917 in its entirety to consolidate the Water and Wastewater rate and fee schedule; and WHEREAS, upon the recommendation of staff, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the proposed Water and Wastewater rates should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Council does hereby approve the Water and Wastewater rate and tap fee schedule as shown on Exhibit “A” hereto, which said exhibit is hereby incorporated in its entirety as if fully set forth. SECTION 3: That all provisions of this ordinance shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance XXX Page 1 of 4 SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect October 1, 2022. TH PASSED AND APPROVED ON THIS 29DAY OF AUGUST 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ ______________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Deputy Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance XXX Page 2 of 4 Exhibit “A” Base Service Charges Residential Commercial Meter SizeWaterSewerWaterSewer 3/4" $52.92 $44.77 $57.33 $52.80 1"$88.38 $82.65 $95.74 $98.73 1 1/2"$176.22$151.53$190.91$181.38 2"$282.06 $239.92 $305.57 $288.14 3"$617.58$517.72$669.04$621.04 4"$1,111.32 $883.92 $1,203.93 $1,060.70 6"$1,822.43 $1,830.98 $4,247.93 $2,033.01 8"$2,649.31 $2651.76 $5,339.41 $2,929.57 Volume Charge Rate per 1,000 gallons Residential Commercial Volume (gallons) Water Sewer Water Sewer 0 - 2,000 $4.32 $0.00 $4.76 $10.06 2,001 - 20,000 $4.32 $8.36 $4.76 $10.06 20,001 - 40,000 $5.66 $8.36 $6.23 $10.06 40,001 - 400,000$6.98 $8.36 $7.69 $10.06 over 400,000 $9.03 $8.36 $9.93$10.06 Ordinance XXX Page 3 of 4 Deposits Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $90 $60 $75 $60 1" $150 $100 $100 $100 1 1/2" $300 $200 $250 $200 2" $480 $320 $500 $320 3" $1,050 $700 $1,000 $700 4" $1,800 $1,200 $2,500 $1,200 6" $3,750 $2,500 $3,500 $2,500 8" $5,400 $3,600 $5,000 $3,600 Tap Fees Minimum Service Water Connection Tap Fee** Meter set on Existing Street Meter Size Service LineTap Fee Cut/Bore 3/4" $600 $3,500 $2,500 1"$650 $3,500 $2,500 1 1/2" $875 $3,500 $2,500 2" Disc$1,100 $3,500 $2,500 Minimum Service Sewer ConnectionTap Fee** Existing Street Depth Service LineTap FeeCut/Bore 0 - 6 feet $375 $3,000 $3,000 6 - 12 feet $375 $3,000 $3,000 12 - 18 feet $375 $3,000 $3,000 ** Service Tap fees for connection installed by Town will be actual cost to Town plus 10%. Does not include City of Fort Worth water or other impact fees. Ordinance XXX Page 4 of 4