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Home My WebLink About12.5.22 TC & BOT Agenda PacketTOWN OF WESTLAKE TOWN COUNCIL/WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER W ESTLAKE, TX 76262 WSTLw KE December 5, 2022 4:00 P.M. CLOSED SESSION 4:30 P.M. WORK SESSION 6:00 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 4:30 p.m. for Work Session and 6:00 p.m. for Regular Session on December 5, 2022. In an effort of transparency, this meeting will be viewable to the public via Live Stream and 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 (4:00 P.M.) 1. Call to order and announce closed session item(s). 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager - Town .fudge WORK SESSION — (4:30 P.M.) 3. Discussion regarding Westlake Academy 2021 Building Master Plan 4. Discussion regarding existing Westlake Academy Modular Buildings and proposed new Modular Buildings REGULAR MEETING — Call to Order (6:00 P.M.) 5. PLEDGE OF ALLEGIANCE 6. CITIZEN/PARENT COMMENTS: This is an opportunity for citizens/parents to address the Town Council or Board of Trustees on any matter, whether it is posted on the agenda. Speaker request form(s) are now available online, click I;;ir,, and will be accepted by the Town Secretary from the time the agenda is posted until prior to the start of the meeting. Individuals will not be recognized to speak during the meeting unless the citizen comments form has been submitted for each item of interest. There is a three (3) minute time limit for each citizen to speak with a reasonable limitation on speakers on one topic or item with a maximum of fifteen total minutes on the same topic item. Anyone wishing to speak shall be courteous and cordial. No disparaging remarks directed at any member of the Town Council/Board of Trustee or Town/School Administration will be allowed. The Town Council and Board of Trustees cannot by law act or deliberate on any item not currently listed on the agenda. The Town Council and TC/BOT Agenda — 12/5/2022 Page 1 of 4 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. 7. 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. 8. CONSENTAGENDA: 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 meeting(s); and take appropriate action. • November 14, 2022, Regular Meeting b. Consider adopting Ordinance 958 approving amendments to Chapter 98-Vegetation, Division 2-Preservation, Town of Westlake Code of Ordinances; and take appropriate action c. Consider adopting Ordinance 957 reappointing the Presiding .fudge and Alternate Presiding .fudge for Municipal Court; and take appropriate action d. Consider approving a full-time Special Education Teacher for Westlake Academy; and take appropriate action e. Consider approving a Resolution 22-70 authorizing the Mayor to enter into an agreement with Aetna for the Town's Health Insurance carrier and approving MetLife as the Town's Dental and Vision insurance carrier for 2023 calendar year; and take appropriate action 9. REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (There will be no presentations associated with the report items.) There will be no separate discussion unless a Town Council Member requests that report be removed and considered separately • TAPR Updates for School Academic Performance Rating • Review proposed 23-24 Westlake Academic Calendar • Review Student Code of Conduct • Proof of Residency Policy updates • Westlake Academy Admission Policy updates PUBLIC HEARING(S) 10. Conduct a Public Hearing and discuss the CharterFIRST 2022 rating based on School Year 2020-2021 Data and Annual Financial Management Report TC/BOT Agenda — 12/5/2022 Page 2 of 4 11. Conduct a Public Hearing and consider approving Resolution 22-72 for a replat of Block F, Westlake Entrada Addition; and take appropriate action 12. Conduct a Public Hearing and consider approving Resolution 22-73 for a replat of Block H, Westlake Entrada Addition; and take appropriate action 13. Conduct a public hearing and consider adopting Ordinance 959 approving the following; and take appropriate action: (1) A zoning change request from PD1-1 (known as the "Solana"' development) to PD1-2 (known as the "Entrada" development) on Lot 2R1, Block 1, Westlake/Southlake Park Addition #1, located at the 1600 block of Solana Blvd. (2) Amendments to Ordinance 703 (Entrada Zoning Regulations), as amended, incorporating Lot 2R1, Block 1, Westlake/Southlake Park Addition #1, and (3) Amendments to Ordinance 720 (Entrada Development Plan), as amended, incorporating Lot 2R1, Block 1, Westlake/Southlake Park Addition #1 14. Conduct a public hearing and consider adopting Ordinance 960 amending Ordinance 591 by amending the Concept Plan for PD3-12 Zoning District and approving amendments to Ordinance 920 by approving a Concept Plan for PD2-12A Zoning District to allow for the expansion of the Deloitte University Campus, located east of J.T. Ottinger Road, north of Dove Road and southwest of the southern terminus of Westlake Parkway; and take appropriate action REGULAR AGENDA ITEMS) 15. Consider approving Resolution 22-71 authorizing an Economic Development Program Agreement with the Marriott Dallas/Fort Worth Westlake; and take appropriate action 16. Consider approving Resolution 22-68 authorizing the Mayor to approve a proposal with B&R Utility Construction to install a water line extension on Pearson Road in an amount not to exceed $25,000; and take appropriate action 17. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 18. COUNCIL RECAP/STAFF DIRECTION. 19. FUTURE AGENDA ITEMS: Any request for a future agenda item requires the following: 1) a brief explanation of the item to be considered, 2) must receive a second by another Councilmember, 3) and must identify a target date for the agenda. Future Agenda Items to be discussed: • Discuss a Community Engagement Committee (Dasgupta/White) June 2023 20. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER TEXAS GOVERNMENT CODE. TC/BOT Agenda — 12/5/2022 Page 3 of 4 CERTIFICATION, I certify that the above notice was posted on the bulletin board at Town of Westlake, Town Hall, located at 1500 Solana Ivd., Building 7, Suite 7100, Westlake, TX 76262, in compliance with the Texas Open Meeting C apter 551 of the Texas Government Code. Amy M. Piu na, Town Secretary Date Time If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary's Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. TC/BOT Agenda — 12/5/2022 Page 4 of 4 T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Workshop - Discussion Item Monday, December 05, 2022 TOPIC: Presentation and Discussion of Westlake Academy Master plan options update. STAFF: Troy Meyer, Assistant Town Manager STRATEGIC ALIGNMENT Exemplary Education - Westlake is Informed & Engaged Improve Technology, Citizens /Sense of People, Facilities, & an international educational leader Facilities & Community Technology where each individual's potential is Equipment maximized. SUMMARY In the October 3rd Town Council meeting, staff presented a facility update which included the facility history overview of the Westlake Academy campus from 2003 to present. The presentation includes: • Town Hall Lease options • Modular building • Campus expansion • Sports package project • Master plan One of the council directions was to look at options for future buildings on and off campus and have Bennett Partners review the 2012 master plan with the Head of School to look at what the facilities options maybe for future growth of the campus. On October 19, 2022, Bennett Partner, and the Head of school met on campus to review the 2012 WA facility master plan. They came up with the following four scenarios for the campus: • Replace older modular classrooms • Addition to Arts & Sciences • Additions to Arts & Sciences, PYP and Secondary Buildings • Relocate Diploma Years off -site See Exhibit A for the pros and cons for each scenario. Page 1 of 2 COUNCIL ACTION/OPTIONS Direction to staff on future building options for the Westlake Academy Campus. STAFF RECOMMENDATION FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Contract: No Service Levels: Funding Source: Contributions/Grants Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Town of Westlake: N/A. Comprehensive Plan: N/A. Cost Recovery Analysis: N/A. Traffic Impact: N/A. ATTACHMENTS Exhibit A Page 2 of 2 EXHIBIT A Westlake Academy Scenarios Scenario 1: Replace older modular classrooms P ros • Funding available • Older modular classrooms replaced • If ordered by the end of the year, the classrooms would be ready by August 2023 Cons • Modular buildings remain as classrooms • More challenging to meet the immediate needs for Art & Science Scenario 2: Addition to Art & Science P ros • Meets the immediate needs for Art & Science • Frees up other classrooms and • Modular classrooms not used as classrooms. Existing portables available to be used as office or storage • Adding 11 general classrooms, 2 art classrooms and 3 science classrooms allows for 1 classroom for growth • Investing money into a permanent building • Reduce the number of teachers having to share classrooms or are mobile during the day Cons • Funding not currently available • Two years until construction complete • Large addition near Main Entry to the campus • Large addition requires existing water and sewer lines to be relocated • General classrooms placed away from the PYP and Secondary buildings Scenario 3: Additions to Art & Science, PYP and Secondary Buildings P ros • Meets the immediate needs for Art & Science • Ability to increase student capacity and accommodate growth in Westlake • Frees up other classrooms and spaces to improve efficiency • Modular classrooms not used as classrooms. Existing portables available to be used as office or storage • Art and Science addition smaller, only accommodating art and science programs • PYP and Secondary Building increased to allow those grades to stay together, not divided with some general classes in the art and science addition • Investing money into permanent buildings Cons • Funding not available Scenario 4: Relocate Diploma Years off -site P ros • Ability to increase student capacity and accommodate growth in Westlake • Portables not needed as classrooms • Opportunity for DP students to collaborate with a university or professionals • Reduces stressors on mealtime logistics • Reduces the number of traveling instructors • Greater potential to group subject matter teachers • Increases available parking spaces on campus during school time special events Cons • PYP and MYP spread across campus • DP students traveling to different campus, complicated if in sports or classes between campuses • Duplicating administration on new campus • Security complicated T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Workshop - Discussion Item Monday, December 05, 2022 TOPIC: Presentation and Discussion to replace the three, modular buildings located on the Westlake Academy campus. STAFF: Troy Meyer, Facilities and Public Works Director STRATEGIC ALIGNMENT High Quality Planning, Design & Planned / Responsible People, Facilities, & Development - We are a desirable Improve Technology, Development Technology well planned, high -quality Facilities & community that is distinguished by Equipment exemplary design standards. SUMMARY In 2011, three used modular buildings (4,200 sq. ft.) with 6 classrooms were added to the campus. In 2013 three additional modular buildings were added to the campus totaling six portable buildings with 12 classrooms and 8,400 sq. ft. Due to the age of the three modular buildings the Town Council has requested they be replaced with new modular buildings. Staff has received two base proposals from RamTech Building Systems and Mobile Module for a six - classroom, restroom, and office space modular building. See attached floor plan. The Head of School has reviewed and approves of the floor plan. Base proposal, • RamTech Building systems $733,340.00 • Mobile Module $804,190.00 Both vendors are members of Buy Board purchasing co-op which meets the state's bid requirements. Additional cost includes the following: • Power hook ups • Plumbing hooks up • Site work • IT/data • Deck and ramps • Fire Alarm System $10,000 to $13,000 $15,000 to $20,000 $6,000 to $12,000 $67,250 to $80,000 $7,000 to $10,000 $12,000 to $16,000 Page 1 of 2 • Sprinkler system connection • Landscaping • FF&E • Security equipment • Project contingency • Total $15,000 to $19,000 $20,000 to $28,000 $80,000 to $100,000 $10,000 to $20,000 $23,000 to $31,800 $265,250 to $349,800 This project could be funded by the Westlake Academy Capital Fund which has a current balance of $2.1M. Total estimated cost from the project • RamTech and site work is $1,275,093.00 • Mobile Module and site work $1,368,573.00 The next steps: • Council approves floor plan. • Staff brings back an agreement on December 19 to purchase the new modular buildings. • Staff works with Head of School on FF&E programing. • Staff works on proposal for additional site work listed above. COUNCIL ACTION/OPTIONS • Approve the proposed floor plan. • Approve estimated budget and funding source. • Approve staff to negotiate with modular building vendor STAFF RECOMMENDATION FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $1,275,093.00 Funding Source: Capital Projects Fund Contract: No Forms: N/A Service Levels: Replace the three older modular buildings DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: By replacing the older modular buildings this would improve the learning environment for our students and teachers. Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS 1. Modular building proposals Page 2 of 2 Mobile Modular Management Corporation 2849 E. Main Street mobile Grand Prairie, TX 75050 modularop Phone: (281) 487-9222 Fax: Your Projed-Our Camm&nent www.mobilemodular.com Westlake Academy 3 Village Circle Westlake, TX 76262 Troy Meyer tmeyer@westlake-tx.org Phone: (817) 829-6974 Westlake Academy 2600 J T Ottinger Road Westlake, TX 76262 Troy Meyer tmeyer@westlake-tx.org Phone: (817) 829-6974 Site Services Quotation Quotation Number: 506866 Customer PO/Ref: BuyBoard Contract #637-21 Date of Quote: 11/18/2022 Questions? Contact: Megan Poore Megan.Poore@MobileModular.com Direct Phone: (214) 304-1682 Fax: (281) 487-1289 Decks and Ramps -Metal Option 1 $90,100.00 $90,100.00 Y Please see description under 'Additional Note" Below. Decks and Ramps -Wood Option 1 $46,690.00 $46,690.00 Y Build ADA Compliant Treated Wood: 64 x8' Deck, 6'x5' Steps, and 6 x50' Ramp with 5x10 Switchback; Secondary Door-8 x14' Deck with 6 x55' Ramp and Straight Landing at 30'. Metal Canopies 1 $25,272.00 $25,272.00 Y Build Galvanized Aluminum 64X9 and 14x9 Canopies with Unpainted Metal Posts. SRSO, Electrical 1 $56,470.00 $56,470.00 Y See Description in Additional Note, Below. SRSO, Plumbing 1 $21,500.00 $21,500.00 Y See Description in Additional Note, Below. $240,032.00 S u biota 1 $240, 032.00 Taxes $19,802.64 Total Charges (including tax) $259,834.64 Additional Note: Metal Decks and Ramps. 8' X 14' WALKWAY (32"ELV) WITH 42 VP GU:ARDRAILS. 4' X 28' RAMP,STD LEG WITH 42/34 VP GUARDRAILS. S X 590 DEGREE LANDING WITH 42 VP GUARDRAILS. 6' X 64' WALKWAY (32"ELV) WITH 42 VP GUARDRAILS. 5-4 X 8' LANDING (32"ELV) WITH 42 VP GUARDRAILS. 4' X 26' RAMP,STD LEG WITH 42/34 VP GUARDRAILS. 5'4" X 10'8" TURNBACK WITH 42 VP GUARDRAILS 5R1006-30" ELV UNIVERSAL STAIR SYSTEM W/ 42/34 VP RAILS. 4' X 28' RAMP,STD LEG WITH 42/34 VP GUARDRAILS. 4' X 26' RAMP WITH, STD LEG WITH 42/34 VP GUARDRAILS. 5R1006-30" ELV UNIVERSAL STAIR SYSTEM W/ 42/34 VP RAILS Additional Note: Assuming use of existing primary infrastructure (transformer/main distribution panel), Run 8 secondary feeders underground to assumed 125A NEMA 3 panels on the new 8-plex Installation of main disconnect for buildings not included. Additional Note: Assuming within the building parameters. Manifold 17-19 PVC drainage drops and tie into 3" or 4" main gut line within the building parameters. Trench and tie into existing sewer. Run Insulated PEX line from existing water supply to building main inlet. • Prices reflected herein are valid for 30 days from date of quote. • This transaction is subject to prior credit approval.Credit application and advance payment may be required. • Tax amounts reflected herein are estimated based on tax rate at the time of quotation. Tax is subject to change and will be billed at the applicable tax rate at the time of invoicing. • Unless otherwise noted, prices do not include prevailing wages, Davis -Bacon wages, union labor or other special or certified wages. Thank you for contacting Mobile Modular. Mobile Modular is a division of McGrath RentCor . www.mobilemodular.com 506866, 11-18-2022 11:07 AM prod Page 1 of 2 Site Services Quotation Quotation Number: 506866 Customer PO/Ref: BuyBoard Contract #637-21 Date of Quote: 11/18/2022 mobile modular Your PIgw-Our C=M&nen8 Thank you for contacting Mobile Modular. Mobile Modular is a division of McGrath RentCorp. www.mobilemodular.com 506866, 11-18-2022 11:07 AM prod Page 2 of 2 Mobile Modular Management Corporation 2849 E. Main Street mobile Grand Prairie, TX 75050 modularop Phone: (281) 487-9222 Fax: Your Projed- Our Camm&nent www.mobilemodular.com Sign up r the Easy SaleOption (see end of document for details) Westlake Academy 3 Village Circle Westlake, TX 76262 Troy Meyer tmeyer@westlake-tx.org Phone: (817) 829-6974 Westlake Academy 2600 JT Ottinger Rd Westlake, TX 76262 Troy Meyer tmeyer@westlake-tx.org Phone: (817) 829-6974 Sale Quotation and Agreement Quotation Number: 506779 Customer PO/Ref: BuyBoard Contract #637-21 Date of Quote: 11/18/2022 Questions? Contact: Megan Poore Megan.Poore@MobileModular.com Direct Phone: (214) 304-1682 Fax: (281) 487-1289 Campus Maker mPlex, 108x68 TX(Iteml940W) 1 $758,000.00 $758,000.00 Y Note: Building is Custom 112x64 with R-Panel Siding. Cementitious siding is quoted as an option below. uuuu uuuuu � u Illluum ilu mu�u i uuui uuui uuuu 6b ouu ilu uuuul Vuui u u IVi uuui u(Illluuuuu m) Illlluu u(V miuu a I�uu uuuuu ili�u uu ilu uVuuu mmu�u i uuuuu ilu uuui Ili a u)u�6iVuui i uuuu ism uuuu uuu i uui 0=== momm Campus Maker milli 108x68 TX(Item1940W) Block and Level Building (A3) CS 1 $19,200.00 $19,200.00 Y Delivery Haulage 12 wide 9 $860.00 $7,740.00 Y Delivery Haulage Fuel 12 Wide 9 $130.00 $1,170.00 Y Install Foundation, Tiedown (Blvl) 28 $50.00 $1,400.00 Y Installation, Skirting, Metal 352 $33.00 $11,616.00 Y Cementitious Skirting=$38/LF Service, Translift On Delivery 8 $633.00 $5,064.00 Y $46,190.00 Cementitious Siding In Lieu of R-Panel 1 $9,900.00 Y Additional Cost $9,900.00 Total $9,900.00 Tax $816.75 Total including Taxes $10,716.75 S u biota 1 $804,190.00 Taxes $66, 345.68 Total Charges (including tax) $870,535.68 General: Customer's site must be dry, compacted, level and accessible by normal truck delivery. Pricing does not include any clearing or grading of sites, obstruction removal, site or final building clean up , any asphalt transitions, dolly, crane, forklift, electrical or plumbing connections, window coverings, furniture, casework, appliances, doorstops, phone or data lines, gutters, downspouts or tie-in, temporary power, temporary fencing, traffic control, flagmen, soil and/or pull test, custom engineering, fees associated with inspections, city or county submittals and/or use permits, security screens, door bars and any item not specifically listed as being included. Skirting: Skirting installation & removal is not included unless otherwise noted. When included, it is non-structural, non -fire rated and cosmetic only. Skirting pricing assumes a level site. Skirting Finish Floor Height: Skirting prices are based on 32" Finished Floor Height. Ramps: Site conditions may affect ramp configuration and cost. Customer is responsible for transition from end of ramp to grade and for extended or custom rails, if needed. Ramp skirting is available for an additional charge. Sizes are estimates. Final cost determined after Thank you for contacting Mobile Modular. Mobile Modular is a division of McGrath RentCorp. www.mobilemodular.com 506779, 11-18-2022 11:08 AM prod Page 1 of 3 Sale Quotation and Agreement Quotation Number: 506779 Customer PO/Ref: BuyBoard Contract #637-21 Date of Quote: 11/18/2022 mobile modular Your P1gW-Our C=M&nen8 acceptance for ADA Compliance. Buildings containing a restroom(s): Restrooms are not self-contained. Manifolds are not included and must be assembled and connected by others. Water & sewer stub -out locations may vary. Paper & soap dispensers, sanitary and trash receptacles are not provided. Site Installation Requirements: Prior to delivery, Customer shall mark the four corners where the building is to be placed on the site/pad location, and shall also mark the locations of door(s) and ramp(s). Should special handling be required to position, install, or remove the classroom on Customer's site due to site conditions/constraints and/or obstructions, Customer will be responsible for additional charges. Additional rolling charges may be applicable as site conditions necessitate. Quote Based on Mobile Modular Standard Unit: Does not include permits, utility hook ups, site work, office equipment, furniture, coffee/water service, cleaning service, phone/internet service. Quote only includes items specifically listed on quote. If additional equipment is needed to set building, there will be an additional cost. Delivery Date: Delivery Date: Delivery date will not be confirmed until Mobile Modular receives and approves the signed Agreement and all credit conditions have been met. Site Plan Review: Mobile Modular is not responsible for review and verification of Customer's site plans, civil plans, soils tests/survey's, etc. It is the responsibility of the Customer to ensure the site plans and site conditions meet applicable codes and governing body approvals. This includes, but is not limited to, ensuring the building pad/site allows for standard delivery and installation based on the minimum foundation design tolerances as per applicable approved stockpile drawings/foundation design. Tie -downs: Quantity and price may vary based on seismic source factor and site conditions. Patch and repair of site after removal is not included and is the responsibility of the Customer. Alternative non -penetrating seismic system is available for an additional charge. Wet -stamped engineering available for an additional charge. Block/Level: Price assumes building is installed using Mobile Modular standard foundation. Mobile Modular assumes installation on the minimum foundation design criteria/tolerances. For DSA buildings, it is assumed building will be installed on the minimum amount of foundation lumber per the applicable DSA approved stockpile drawings and site will not exceed 4-1/2" out of level. Additional material and labor charges apply for installing buildings above minimum foundation design criteria, raising buildings to meet specific finish floor elevations, raising building level to adjacent buildings, landings, walkways, transitions, etc. Customer Dumpster Responsibility: Customer is responsible for supplying a dumpster for debris removal for the installation and/or dismantle of the modular building(s). • Quote is valid for 30 days. • Customer's site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paid by customer. Unless noted, prices do not include permits, stairs, foundation systems, temporary power, skirting, engineering, taxes or utility hookups. • Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request. • This transaction is subject to prior credit approval and all terms, conditions, and attachments of MMMC's standard contract. • Down Payment required on execution. • Sales Tax will be calculated based on the tax rate at the time of invoicing. • Unless otherwise noted, prices do not include prevailing wages, Davis -Bacon wages, or other special or certified wages. Thank you for contacting Mobile Modular. Mobile Modular is a division of McGrath RentCorp. www.mobilemodular.com 506779, 11-18-2022 11:08 AM prod Page 2 of 3 Sale Quotation and Agreement Quotation Number: 506779 Customer PO/Ref: BuyBoard Contract #637-21 Date of Quote: 11/18/2022 mobile modular Your PIgW-Our C=M&nen8 Getting your modular building on Its way has never been easier... and faster. With Mobile Modular Easy Sale you can convert your Sale Quotation directly into a Sale Agreement by signing below. Once we receive your signed Easy Sale option, we'll finalize your building details and get your project on its way. Review and acknowledge agreement. This Quotation is subject to Mobile Modular Management Corporation, a California corporation, herein known as seller (the "Seller"), credit approval of Customer, herein known as buyer (the "Buyer"). Seller does not warrant that the equipment meets any local or state code not specifically listed herein. Equipment is subject to availability. By signing below, customer accepts the terms of this quotation including prices and specifications, and instructs Seller to make appropriate arrangements for the preparation and delivery of the Equipment identified herein, and agrees that such signature constitutes customer's acceptance of and agreement to the Seller's Sale Agreement. Such sale, and customer's agreement thereto, is subject to Seller's standard terms and conditions located on the Seller's web site at(www.nicbileiTiodi.ilai-.rcni/rcrrtrartteiiTis) which are incorporated by reference herein. Customer may request a copy of the terms and conditions from Seller. No alterations, additions, exceptions, or changes to any Quotation or Agreement made by Buyer shall be effective against Seller, whether made hereon, contained in any printed form of Sale or elsewhere, unless accepted in writing by Seller. Any customer purchase order or other customer -provided document purporting to replace, supersede or supplement the terms and conditions of the Seller's Sale Agreement shall carry no force or effect except as an instrument of billing. Seller: Mobile Modular Management Corporation By: Name: Title: Date Buyer: Westlake Academy Signaturel 0: Print Name: Title: Date: Thank you for contacting Mobile Modular. Mobile Modular is a division of McGrath RentCorp. www.mobilemodular.com 506779, 11-18-2022 11:08 AM prod Page 3 of 3 H:\Home\NamyMiller\2022 Quotes\1022253 Westlake Academy\1022253 Westlake Academy.dwg, 10/24/2022 10:36:52 AM 64'-0„ N I�1 N t� 26'-1" 8'-0" 26'-1" 9 y l JJ � a < x N N V 'A V N v -- N;u -- -- -- —NM-- ' O O N A � a N N J 00 �00 �O w CO 0 N N CD N n n r r n (n Cn N acn N a(A S A -- Nam- -- -- -- —Nx v 0 00 9 9 N < W < CD n n A O N n hL �00 _ rn O �'O �17, mU 2 m m " Ql .0 `0 y I- 'm m m o W N XO -011'1013'-13'-4" -8-60 11 O Plan North N ' � N t� W N N AMERICA'S LEADER IN DESIGN -BUILD MODULAR CONSTRUCTION October 26, 2022 Via e-mail: tmeyerCwestlake-tx.org Mr. Troy Meyer Director Facilities WESTLAKE ACADEMY CHARTER SCHOOL Westlake, TX Re: Proposal Portable Office - Classroom Wing Mr. Meyer: Ramtech Building Systems appreciates your interest and the opportunity to provide Westlake Academy Charter School with pricing for a portable office - classroom building. The BuyBoard (Contract #637-21) price is based on a new state approved commercial grade building that would be constructed to the attached floor plan. 112'x64' Office - Classroom Building with Interior Corridor: Building with metal exterior: $730,215.00 Construct with Hardie Siding: Add: $27,600.00 Optional: Treated wood deck, steps and ramp: Add: $28,350.00 Aluminum deck, steps and ramp: Add: $80,890.00 Canopies over landings only: Add: $34,750.00 Note: Main entry to have 64'x6' common deck across the front with ramp and set steps. Secondary entry to have deck with ramp. Pricing Includes: • Delivery & Installation - Westlake TX • CMU pad on grade foundation • Auger anchor type tie - downs (Additional cost may be incurred for buildings set on asphalt surfaces due to anchoring requirements) • Metal exterior with metal roof • Skirting to grade on all sides • Lay -in acoustical ceiling 1400 U.S. Highway 287 South ® Mansfield, Texas 76063-5799 wo 817-473-9376 fox: 817-473-3485®® www.ramtechgroup.com ®® email: rbs@ramtechgroup.com AMERICA'S LEADER IN DESIGN -BUILD MODULAR CONSTRUCTION Page 2 of 3 - Proposal Portable Office - Classroom Wing Pricing Includes: • Vinyl covered gypsum wall panels (FRP in restrooms) • Carpet and VCT flooring - sheet vinyl in gang restrooms • Janitor closet • Staff restroom • IT room with dedicated mini split • Exterior wall hung HVAC - ducted system • Plumbing manifold (provide single point of connection - Owner responsible for final extension and connection) • Main Distribution Panel and electrical homeruns for single point of connection - Owner responsible for final extension and connection) • Fire sprinkler • State approved engineered drawings Note: Exclusions Fire Sprinkler: storage tanks, booster pumps, fire hose and cabinets, vault, thrust block, fire main extension and connection. Ramtech proposed scope of work begins 12" above finished floor in the riser/sprinkler room. Pricing does not include: • Site preparation (including grading, compaction or demolition, landscaping or irrigation, tree trimming) • Building permits (Any fees charged by the city or county agencies for the movement of mobile office or modular buildings over local roads are considered as part of the local building permit cost.) • Furnishings, mini blinds, electric hand dryers, special keying, smart boards, etc. • Canopies (quoted as an additional cost) • Exterior landing and ramp assembly (quoted as an additional cost) • Hardie siding (quoted as an additional cost) • Fire extinguishers/Fire alarm • Exclusions Fire Sprinkler: storage tanks, booster pumps, fire hose and cabinets, vault, thrust block, fire main extension and connection. Ramtech proposed scope of work begins 12" above finished floor in the riser/sprinkler room. • Marker - tack board each classroom • Performance and payment bond • Permanent foundation • Poured concrete • Ramtech's Builders Risk Insurance excludes flood coverage in Flood Zones A, V, or D as defined by FEMA • Waxing/sealing of vct 1400 U.S. Highway 287 South w Mansfield, Texas 76063-5799 wo 817-473-9376 fox: 817-473-3485 www.ramtechgroup.comMM email: rbs@ramtechgroup.com AMERICA'S LEADER IN DESIGN -BUILD MODULAR CONSTRUCTION Page 3 of 3 - Proposal Portable Office - Classroom Wing Pricing does not include: • Taxes if applicable • Utility extension/connections • Wind certification (may be required in designate coastal catastrophe areas) • The scope of this design does not include accessibility elements required for the site. It is the owner's responsibility to have these designs developed and to make submittal as required by the Texas Architectural Barriers Act, through their design professional. This submittal should be made to: Texas Department of Licensing and Regulations, Architectural Barriers Section, P.O. Box 12157, Austin, TX 78711. I will contact you to discuss any questions you might have or please feel free to contact me via email at squeen@ran-itechgioup.com or by calling 800-568-9376 ext.145. Sincerely, Sabrina Queen Education Representative Note: Given the volatility of material prices and supply chain challenges, Ramtech's price is valid for 14 days. Please contact Ramtech prior to issuance of a p.o. to verify available production openings and scheduling. All prices are based on a level, accessible site. To provide our customers value, Ramtech has quoted the pricing reflected in this proposal as competitively as possible. As such, once we begin, we have anticipated an uninterrupted flow of our work through the completion of the project. Should non - weather -related events beyond Ramtech's control, such as delays in electrical or water service to the building, force us to demobilize and subsequently remobilize at a later date, additional costs will be incurred that may be passed on to our customers. 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CLOSED SESSION 5:00 P.M. WORK SESSION 6:00 P.M. REGULAR MEETING Mayor Sean Kilbride, Council/Board of Trustee Members Mayor Pro Tem David Quint, Tim Shiner, Chandrika Dasgupta, Kim Greaves, Anna White OTHERS PRESENT: Acting Town Manager Jarrod Greenwood, Town Secretary Amy M. Piukana, Attorney Matthew Butler, Head of School Sean Wilson, Assistant Town Manager Troy Meyer, Finance Director Amber Karkauskas, Director of Information Services Jason Power, Director of Human Resources Sandy Garza, Director of Communications Jon Sasser CLOSED EXECUTIVE SESSION (4:00 P.M.) 1. Call to order and announce closed session item(s). Mayor Kilbride called the meeting to order at 4 p. m. and announced the following items would be discussed during closed executive session. 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager - Town Secretary b. Section 551.072: Deliberation Regarding the Purchase, Sale, or Lease of Real Property. - Town Hall Lease c. Section 551.089: Deliberation Regarding Security Devices, or Security Audits - Information Technology WORK SESSION - (5:00 P.M.) Mayor Ki/bride called the Work Session meeting to order at 5. 26 p. m. 3. Discussion regarding Candidate Forums This item was not discussed. 4. Discussion regarding a Finance Committee Mayor Kilbride stated the purpose is to have one or two Council Members to work with the Finance Department Mayor Kilbride asked Mayor Pro Tem Quint to assist with this committee. Mayor Pro Tem Quint noted he has a Finance background and would be willing to serve on the Finance Committee. TC/BOT Agenda — 11/14/2022 Page 1 of 6 The Town Council discussed streamlining communication, number of meetings (Amber Karkauskas suggested monthly), the need for transparency (minutes), and recommendations to Council. Ms. Karkauskas recommended including the Town Manager in the Committee meetings. Council Member Dasgupta stated she is opposed to having a Council Member on the Committee expressing concerns with not receiving updates In the past Finance group meetings. She suggested community volunteers lead the group and if the Council wants to move forward, then she requested she be a part of the Committee. After discussion, Mayor Obride recommended Mayor Pro Tem Quint and Council Member Greaves be appointed to the Finance Committee. 5. Discussion regarding School Security Audit Committee Mayor Kllbrlde stated the School Security Audit Committee currently has a civilian advisor and similar to the Finance Committee, he would like to see Council participation with the Committee to provide feedback. Mayor Obride suggested Council Member Shiner and Council Member White be appointed to this committee. He noted this Is an advisory group and any action would be taken by the entire Town Council. 6. Discussion regarding Information Technology Servers and Storage Replacement Needs Information Technology DirectorJason Powerbriefed Town Council regarding this item. The Town Council discussed server upgrades, life span of server, supply chain issues, 6-month ordering, bid and cost proposals (Mr. Power noted DIR pricing which provides a government discount), service and support with vendors (Mr. Power noted 5 years), and the value of cloud -based verses current hybrid version. 7. Discussion regarding furniture updates for Westlake Academy. Assistant Town Manager Troy Meyer briefed Town Council regarding this item. The Town Council discussed teacher feedback, Head of School Sean Wilson feedback (Mr. Wilson stated flexible furniture In the commons was a teacher request, noting furniture Is over 20 years old), the common space within the PYP area, phasing of furniture (Mr. Meyers noted 3 year phasing), budgeting of this item, benefit of utilizing Bennett Architect, cost for services, next steps which Includes furniture needs and true cost for Bennett Partners and to complete a bid package, and the primary library furniture (Council Member White expressed concerns with chairs and ergonomic negative posture effects to children), and style fit with the Academy. Mr. Meyers stated he would go back and seek teacher feedback to ensure they support the furniture recommendations and identify the costs for a bid package from Bennett Partners and bring back to Town Council. TC/BOT Agenda — 11/14/2022 Page 2 of 6 REGULAR MEETING — Call to Order (6:00 P.M.) Mayor Kilbride called the regular meeting to order at 6.,01 p.m. S. PLEDGE OF ALLEGIANCE Mayor Kilbride led the Pledge ofAllegiance and Pledge to the Texas flag. 9. CITIZEN/PARENT COMMENTS: Mayor Kilbride noted the Town has new speaker guidelines, which allows residents to submit speaker request forms online from the comfort of their own homes. He asked if there are any citizen comments. There being none, Mayor Kilbride moved to the next item. 10. 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. Westlake Academy Communications Specialist Joe Durdin provided a report 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; and take appropriate action. • October 25, 2022 Regular Meeting b. Consider approval of a resolution approving a waterline bid; and take appropriate action. c. Consider approval of a resolution authorizing the Acting Town Manager to purchase replacement server and storage through a DIR or TIPS approved Vendor in an amount not to exceed $180,000; and take appropriate action Mayor Pro Tem Quint requested Agenda Item II b, be pulled off the Consent agenda. Assistant Town Manager Troy Myers was present to answer questions. The Town Council discussed the bid process and scope of work related to the water line extension, number of Prebid attendees, Star Telegram and process for vendor notification when seeking bids, purpose of connecting water lines to these four homes (cost and reason), cost saving options to adjust the loop, sidewalk connection with City of Keller, Mr. Meyer noted City of Keller (verbal) requested removal of residents from Keller water, west side development, impact fees, extension verses tie off and cost difference, sidewalk easements from residents, and urgency of this project Mayor Pro Tem Quint stated suggested postponing to the December 5, 2022 Town Council meeting to allow staff to provide schematic drawings which identifies what is being tied together, review the written request from City of Keller regarding removal of residents from water lines, and to provide the cost to flush pipes. The consensus TC/BOT Agenda — 11/14/2022 Page 3 of 6 from Council was to postpone this item to December 5, 2022 Town Council meeting. A motion was made by Mayor Pro Tem Quint to approve Consent Items Ila and IIc, as presented. Motion seconded Greaves. Motion approved unanimously. 12. REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (There will be no presentations associated with the report items.) There will be no separate discussion unless a Town Council Member requests that report be removed and considered separately • 4t" Quarter Financial Investment Report Mayor Pro Tem Quint asked if this report is required. Ms Karkauskas stated this is a requirement by the Public Fund Investment Act Mayor Pro Tem Quint asked for clarlAcation on the budget process noting the fund balance had $35-$36 million, noting it currently shows we have $46.2 million but is restricted or ear marked. Ms Karkauskas noted these are estimates, not actuals It depends on when the payables arrive. She noted timing from vendors effects these numbers Mayor Pro Tem Quint asked about the investment policy, noting this must be adopted with the budget, and if we have cash with interest earning bank accounts Ms Karkauskas confirmed these are cash with interest earning accounts and stated the currently policy is not compliance with the Public Funds Investment Act, but she ,plans to have this updated with a new vendor soon. The Town Council discussed lack of diversification, risk of funds, bank rating review, target on the yield 180-day UST bill rate, and concerns with 3.696 and undershooting the yield. Ms Karkauskas noted the goal is to address and move forward to ,protect the Town funding. Mayor Pro Tem Quint noted all these items can be addressed through a Finance Committee meeting. He stated the Town is required to have an annual, pro vision of an audited financial statement (Hilltop), ,proof of certification through NAISD/FINR4, ,proof of current registration with the Texas Security Commission, and the completion of a Town broker dealer questionnaire. He asked if any of these have been completed. Ms Karkauskas responded stating these are all things she wants to put in place. Mayor Pro Tem Quint asked whoever Council elects to hire to prepare the investment policy that they bring us to Texas standards No official action was taken on this item, this was just discussion regarding a report. Mayor Kilbride recessed at 6.-39 p. m. for a 10-minute break. Mayor Kilbride skipped to closed executive session items REGULAR AGENDA ITEMS) 13. Consider approving Ordinance 955 approving a Specific Use Permit to allow for five residential condominiums to be located within the existing building on Lot 2A, Block A, Westlake Entrada Addition, located at 72 Andorra Drive; TC/BOT Agenda — 11/14/2022 Page 4 of 6 and take appropriate action. Development Director Ron Ruthven briefed Town Council regarding this item. The Town Council discussed the market, reason for requesting condominiums (Mr. Ruthven stated demand), concerns with condominium and 2,000 square footage, reason for a Planning and Zoning Commissioners opposition (Mr. Ruthven stated commissioner was against multifamily use), VRBO model and ,possible rental units, current zoning, ,narking challenges, lack of sales tax revenue and price point, history of the 10 unit condo approved, condominium product pricing comparable to home ownership, prior condominium approved May 24, 2021 and the renderings (interior and amenities), taxes and permits on condominiums, short term rentals (ban in place), Developer Michael Beaty briefed Town Council regarding the history of the development He stated based on Councils input; he would withdraw this request. Alter discussion, the consensus from Council was opposition to the proposed condominium request. Council Member Shiner stated for the record, the following former Council Members voted May 24, 2021 to approve the ten condominiums- Mayor Laura Wheat, Carol Langdon, Rajiv Trivedi, Alesa Belvedere, Chandrika Dasgupta and Anna White. Director Ron Ruthven stated January 27, 2020 was the original approval of this condominium project There was no official action taken on this item. 14. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. As a result of closed session Agenda Item 2(b), a motion was made by Mayor Pro Tem Quint to adopt Ordinance 956 to amend the Code of Ordinances, Chapter 2 Sections 2-163(b.1) and (b.2), to align the Town Secretary reporting and compensation structure to report to the Town Council. Motion seconded Council Member White. Motion approved unanimously. A motion was made by Council Member Shiner to authorize the execution of a professional services agreement between the Town of Westlake and Amy Piukana for employment as the Town Secretary. Motion seconded by Council Member White. Motion approved unanimously. 15. COUNCIL RECAP/STAFF DIRECTION. Town Manager Jarrod Greenwood provide a recap. 16. FUTURE AGENDA ITEMS: Any request for a future agenda item requires the following:1) a brief explanation of the item to be considered, 2) must receive a second by another Councilmember, 3) and must identify a target date for the agenda. Future Agenda Items to be discussed: • Discuss a Community Engagement Committee (Dasgupta/White) June 2023 Council Member White requested a discussion on restarting town neighborhood meet and greets. Mayor Kilbride agreed to add to the 1/30/22 Town Council Agenda for discussion. Council Member White requested a future agenda item discussion for a Farmers Market to be held in the Solana parking lot area. Mayor Kilbride tasked staff to identify logistics prior to adding to a future agenda. TC/BOT Agenda — 11/14/2022 Page 5 of 6 17. ADJOURNMENT — Mayor Kilbride adjourned the meeting at 7:29 p.m. Sean C. Kilbride, Mayor Attested by: Amy M. Piukana, Town Secretary TC/BOT Agenda — 11/14/2022 Page 6 of 6 T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Consider approval of an ordinance approving a amendments to Chapter 98- Vegetation, Division 2-Preservation, Town of Westlake Code of Ordinances. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT High Quality Planning, Design & Development - We are a desirable Planned /Responsible N/A well plannedhigh-quality Preserve Desirability , Development & Quality of Life community that is distinguished by exemplary design standards. SUMMARY Staff proposes amendments to the Town's tree preservation requirements contained in the Code of Ordinances. The specific amendments include adding exempted areas to undeveloped residentially zoned lots where tree protection would not apply. Currently there are no exempted areas for undeveloped lots (commercial or residential) in the Town tree preservation regulations, unless specified otherwise in the PD (Planned Development) district zoning regulations for the property. This results in large tree mitigation requirements for new homeowners building in Westlake, who must either replant new trees on or near the same site for every protected tree removed, or pay into the Town's reforestation fund at the current rate of $200.00 per caliper inch of protected tree removed. Most communities in Texas, including all of the communities that surround Westlake, provide for exempt areas on undeveloped lots with varying exemptions between commercial and residentially zoned lots. The most common exemption is to either exempt the buildable area of the lot, commonly referred to as the setback envelope, or the building footprint of the new building. Staff proposes adding exemptions for the building footprint, and areas within 10 feet of the building footprint, on residentially zoned lots only, as shown on the attached ordinance mark-ups. COUNCIL ACTION/OPTIONS • Approve the proposed Ordinance; Page 1 of 2 • Approve the Ordinance with conditions/modifications; • Deny the proposed Ordinance; • Table the item. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Funding Source: N/A Contract: No Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: Regarding tree preservation, the 2015 Comprehensive Plan states the following: Goal. Future Westlake should be a model of water conservation and environmental preservation for the area. Objective: Preserve significant native trees and tree communities, especially within riparian areas. The proposed amendments are consistent with the above 2015 Comprehensive Plan goal and objective as the exemption only applies to the building footprint on residentially zoned lots. Traffic Impact: N/A STAFF RECOMMENDATION Approval. ATTACHMENTS • Proposed Mark-ups • Proposed Ordinance Page 2 of 2 ARTICLE II. -TREES DIVISION 1. - GENERALLY Secs. 98-31-98-45. - Reserved. DIVISION 2. - PRESERVATION Sec. 98-46. - Purpose and intent. The purpose of this division is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. It is the intention of the town to: (1) Prohibit the indiscriminate clearing of property; (2) Protect and increase the value of residential and commercial properties within the town; (3) Maintain and enhance a positive image for the attraction of new businesses and residents to the town; (4) Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the town; and (5) Preserve the rural forested character of the town. (UDC 1994, art. IX, § 1) Sec. 98-47. - Applicability. (a) Protected trees. (1) A protected tree is any tree that has a trunk caliper of six inches or more, as measured 4.5 feet above natural grade level, and is not one of the following species: a. Ailanthus altissima (Tree of Heaven). b. Alibizzia julibrissen (Mimosa). C. Madura pomifera (female only) Bois d'Arc. d. Melia azeoarach (Chinaberry). e. Salix nigra (Black Willow). f. Celtis occidentalis Iaevigata (Hackberry). (2) A person must not, directly or indirectly, cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on property regulated by this division without first obtaining a tree removal permit unless otherwise specified in this division. (b) Properties requiring a tree removal permit. All public or private properties, including rights -of -way, public easements, franchises and utility easements, shall be subject to a tree removal permit. (c) Exceptions. Page 1 (1) Residential properties. Aua e,xi;,frua q riu;,y„qle sir fuav far ily M,efaar;pae residence used as an arrner-. o wi:r-i nd-Ihrrm+-aa stead -shall be exempt from the tree protection and replacement requirements of this chapter as it pertains to that residential property. However, this exemption does not apply to existing trees located within a roadway landscape zone on or adjacent to that property, or to undeveloped single-family property, 2221. i 2§ IDirovided Isolovv.. (2) Identified on an approved landscape plan. A tree removal permit shall not be required for the removal of a protected tree if the protected tree to be removed is shown and noted as such on an approved landscape plan, and on construction plans approved by the building official. (3) Public safety. A tree removal permit shall not be required if a tree endangers the public health, welfare or safety, and immediate removal is required as determined in writing by an official of the town. (4) Utility service disruption. A tree removal permit shall not be required if a tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. (5) Landscape nursery. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises of the licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the town, where trees are intended for landscaping future phases of such larger project. (f) i„ oidony i<„ l Iruaildiuyq f2 flainuytFor uarycMoyolcaiaecM..,iLg§idonr ,ial pl[21aeir, ios to rod in rcau,y„iing c i tiricts. e Maed fair Pll;;y,e lainI ikr„;al laerr ,dd ua e e�(... iva qle f „I„Wily chef22i; 2d [e2§icM,oncos, firoo , ler ak',d. in dlae felleyvinq aaroas shall lad exerniaffo,em fllaejj[re2 121[ef2,2; ieua aua M, ireial ar;efneuaf r gcjiiiirernonu r,of. ibis cllyaafaf:f,irll. e Iauail M,ivaq feeflririvaf of flly .,lainuyr;ifa a..L.re Meuy�,i,al Iauail Miirn e Ipf;ail Miuy q f2 pj[i y shall. inclu do C,Ilho onclosod aairoa locaafedu ndelr dho rcarno ireef aaua M l nua ry,,, fllae r afTq„ f uade owu do2i[ svu irrir.niuy q la „d,,. cauauydrafica,py caf fllye,,,,,iainuyr;ilaaal,,,,,a,firuar;fuair:faauyd xllyaall uycaf iuyr;l,,. e re,iry firuar P,M,ird 2uaf�d2211122@�io yx,ire a ePJl;;y„ it firuar P,a,ire ef�c,,...0 e�reired..,,ga afre airo as ir„va6on of f,llho p[iiil2il al.. fllyaaf a,llyaair,va fllye lainu;y,r;iiaaal a,firuar;fuaire caca,f, and dho xra,r,�e fcauauycM„ in dho exerxlafed aaro a,. f,firuar;fuairea,llyaall lae i i„i,yr;luacMecM i.. auaildin 1,f kiainuttof kllte 1r;i,,r„in ila al rosicond MII,a:ail Min g§ (Formatted: Numbered + Level: 1 +Numbering Style: a, fou nd�aficafn as Flho o r ii fg Juar,¢�rfrt2iiyhfruaildiut, (;pp r" y flier kll,t, e Mve f;,.kllte iainutr ip,a al Ia:ail M„il,i,. b, c, ... + Start at: 1 + Alignment: Left + Aligned definod alllo 1Ci fe shall lae f alre �' a' rrrriD s,y c Indent at: 1.25 (UDC 1994, art. IX, § 2) Sec. 98-48. -Tree replacement anal nl[!ila,aljorr,requirements. (a) Replacement trees. In the event that a tree removal permit is granted, the applicant shall replace the protected trees being removed with trees listed in appendix D, town's approved plant list. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement trees shall be a minimum of three-inch caliper measured 12 inches from the ground, and ten feet in height when planted. (b) Replacement procedures. Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the building official has the authority to allow the planting to take place on another property. (c) Reforestation fund. If approved by the building official, the applicant, in lieu of compliance with this division, may make a payment into the reforestation fund, which shall be a special account Page 2 administered by the town. The funds shall be used only for purchasing, planting and maintaining trees on public property, acquiring equipment that may be used for the planting, protecting or preservation of trees, or for acquiring and preserving wooded property. The rrxrwou nt.-of-payment required shall be cal+ww latod tmsod we curront markot p irico's-'for Edx, cost of cw+;c,ryWring p>lewnting and .maw ntaiunfing a troofor <w pwarriod of one year §1i ocifiod and iincludod in fllwo Fowwow s rn „s irocouwfly rM 2p:fod foo rr;Ilwodulo (UDC 1994, art. IX, § 3; Ord. No. 667, § 2, 8-26-2011) Sec. 98-49. - Tree protection. The following procedures are required to protect all protected trees which have not been approved for removal. (1) Construction plan requirements. In order to ensure that contractors adequately protect trees during construction, the following shall be required as a part of all construction plans submitted to the town unless determined otherwise by the building official. a. Tree survey and protection plan. A tree protection plan shall include the following at a minimum (see sample tree survey and protection plan in the sample landscape plan in appendix C, sample landscape plan/landscape and irrigation standards): 1. The graphic exhibits required for a tree removal application as specified in subsection (1)a.3 of this section. 2. A graphics legend to be used throughout the plans for the purposes of showing the following: trees to be flagged, protective fencing, trees requiring bark protection, boring, and areas of cut and fill impacting protected trees. 3. Graphic tree exhibit showing the tree being removed and being preserved, and the features of those trees, including the critical root zone, trunk, canopy, drip line and caliper. 4. Graphic exhibits showing methods of protection to include snow fences, boarded skirts, etc. 5. Graphic exhibits showing construction methods to include grade changes, boring, trenching, etc. All requirements of the tree preservation ordinance shall be shown graphically on all applicable sheets within the construction plans. b. Landscape plan. The Tree Survey and Protection Plan must be accompanied by the landscape plan (see article III of this chapter, landscaping, and the sample landscape plan in appendix C, sample landscape plan/landscape and irrigation standards). (2) Prior to construction. Unless otherwise approved in writing by the building official, the following procedures shall be followed on all construction projects: a. Tree flagging. All protected trees on the subject property within 50 feet of a construction area or surface improvements such as driveways and walks, shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet or more, such that the tape is very visible to workers operating construction equipment. b. Open space flagging. All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of 25-foot intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed. C. Protective fencing. In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a system, a protective fencing may be required between the tree and the construction activity. Page 3 d. Bark protection. In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with two-inch by four -inch lumber encircled with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. FIGURE 1 PRIMARY TREE PROTECTION �1 Primary Tree Protection —l�IPGIN& - F�CfETID PRoTBGT�oN fE/►k6 V p1ZWi4N6. i O#tom?AG T PST 6 ---7 STOGK AFWGE /If % 4AX.,__ OIL 0PANGE WOW PBA/6E r/N/!jYfo 414DE Page 4 FIGURE 2 SECONDARY TREE PROTECTION ax#L4YML7E --� !O CAU60 &AI,VAnrrlbb Tteja p12ofar-rkpw DNV WMeRE ( W,-Y TVO Ptrlelv pWNoT Pam' V-�Ep PIV MENT• E"LVWt, Secondury Tree Protection (3) Prohibited activities adjacent to trees. The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this division. a. Material storage. No materials intended for use in construction, or waste materials accumulated due to excavation or demolition, shall be placed within the limits of the critical root zone of any protected tree. b. Equipment cleaning1liquid disposal. No equipment shall be cleaned, or other materials or liquids deposited or allowed to flow over land within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. C. Tree attachments. No signs, wires, or other attachments other than those of a protective nature shall be attached to any protected tree. d. Vehicular traffic. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. Page 5 e. Grade changes. No grade changes in excess of two inches (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are utilized which have been approved by the building official. f. Impervious paving. No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this division. (4) Permanent construction methods. a. Boring. Boring of utilities under protected trees may be required in certain circumstances. When required, the length of the bore shall be at a minimum the width of the critical root zone, and shall be at a minimum depth of 48 inches. b. Grade change. Grade changes within the critical root zone of a protected tree should not exceed two inches. If more than 25 percent of the critical root zone is disturbed by trenching or a grade change greater than two inches, the applicant may be required to prune the root zone or tree canopy in accordance with industry standards, or take some other mitigative measure to help preserve the health of the tree. C. Trenching. All trenching shall be designed to avoid crossing the critical root zone of any protected tree. d. Root pruning. It is recommended that all roots two inches or larger in diameter which are exposed as a result of trenching or other excavation, shall be cut off square with a sharp, medium tooth saw and covered with pruning compound within two hours of initial exposure. (5) Preserved tree criteria. A protected tree shall be considered to be preserved only if a minimum of 75 percent of the critical root zone is maintained at undisturbed natural grade and no more than 25 percent of the canopy is removed due to building encroachment. (UDC 1994, art. IX, § 4) Sec. 98-50. -Tree pruning. (a) Generally. No protected tree shall be pruned in a manner which significantly disfigures the tree or in a manner which would reasonably lead to the death of the tree. (b) Permit requirements. All franchise utility companies shall be required to maintain a set of pruning specifications (updated annually) at the town to be followed by all pruning contractors working for the company within the town. Prior to beginning any pruning not requested by the owner of the tree, the contractor shall submit to the town an application for a pruning permit for approval. (c) Allowed pruning. (1) Pruning for construction. The building official may approve pruning of a protected tree in cases where a protected tree must be pruned to remove branches broken during the course of construction, or where protected trees must be strategically pruned to allow construction of a structure. When allowed, all pruning shall be in accordance with approved arboricultural techniques. (2) Normal maintenance. Normal pruning required to promote tree health and vitality is permitted provided, however, that such pruning does not remove greater than ten percent of the tree mass. (d) Required pruning. The owners of any tree adjacent to a public right-of-way shall be required to maintain a minimum clearance of 12 feet above the traveled surface or curb of a public street or open space trail. The town shall also have the right to prune trees overhanging the public right-of-way as necessary to preserve the public safety. (UDC 1994, art. IX, § 5) Page 6 Sec. 98-51. - Tree planting. (a) Overhead lines. Replacement trees shall not be planted in a location where the mature canopy of the tree will interfere with overhead utility lines. (b) Underground and surface utilities. Replacement trees shall not be planted in a location where the mature root zone of the tree will interfere with underground public utility lines. No trees shall be planted within ten feet of a fire hydrant. (UDC 1994, art. IX, § 6) Sec. 98-52. - Tree removal permit review and approval. (a) Submittal requirements. (1) Tree removal permit. A request for a tree removal permit must be submitted and approved prior to the removal of any protected tree in the town unless the tree is exempt under a provision of this division. (2) Tree removal application. All requests for tree removal permits must be accompanied by a tree removal application and a graphic exhibit showing at least the following items: a. Appropriate title (i.e., tree removal permit exhibit); b. Title block includes street address, lot and block, subdivision name, city and date of preparation; C. North arrow, graphic and written scale in close proximity; d. Name, address and phone of owner and person preparing the exhibit; e. Location of all right-of-way lines and public easements within 50 feet of the tree proposed for removal; f. Location of all buildings, structures, pools, parking, and other improvements which are existing or intended on the lot easements within 50 feet of the tree proposed for removal; g. Areas of proposed cut/fill, and the drainage flow line, if applicable; h. Limits of construction line shown, if applicable; i. Location of all protected trees and thicket boundaries within 50 feet of any construction area, with a description of the size and types of trees; j. The location of all protected trees which are to be removed; k. Caliper (4.5 feet from ground), Latin and common name of tree to be removed; and I. Location of any required replacement trees shown with caliper size and common name of tree. These requirements may be modified by the building official as needed to administer this division. An aerial photograph may be allowed if it clearly meets these requirements. (3) Application for two or less trees. Notwithstanding subsection (a)(2) of this section, a property owner desiring to remove up to two protected trees may submit a simplified application by submitting a letter stating the reason for removing the tree, and identifying the tree to be removed on a plot plan or aerial photograph of the site, along with the caliper, species and a photograph of the tree to be removed. (b) Authority for review of application. Upon receipt of the permit application, the building official, based on a recommendation of the town's landscape architect, may take one of the following actions: Page 7 (1) Deferral of decision. The building official may defer the approval of a tree removal permit to the planning and zoning commission for any reason. All decisions made by the planning and zoning commission shall be final. (2) Approval. The building official shall issue a tree removal permit if it is determined that: a. The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree; b. The tree is dying, dead, or diseased to the point that restoration is not practical; or c. All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided. (3) Refusal. The building official shall deny a tree removal permit if it is determined that: a. Removal of the tree is not reasonably required in order to conduct anticipated activities; or b. A reasonable accommodation can be made to preserve the tree. (c) Appeal of decision. Any decision made by the building official may be appealed to the planning and zoning commission. All decisions made by the planning and zoning commission shall be final. (d) Permit expiration. Tree removal permits for tree removal issued in connection with a building permit or site plan shall be valid for the period of that building permit's or site plan's validity. A permit for tree removal not issued in connection with a building permit or a site plan shall become void 180 days after the issue date on the permit. (UDC 1994, art. IX, § 7) Sec. 98-53. - Enforcement. (a) Developer's agreement. All developer's agreements shall state that all construction activities shall meet the requirements of the tree preservation ordinance (this division). (b) Construction permits. Prior to issuance of a permit to do site work, a tree survey, a tree protection plan and a landscape plan for the development shall be approved. These plans may be combined on one or more drawings. (c) Building permit. No building permit shall be issued unless the applicant signs an application or permit request, or a statement, that binds the applicant to ensuring that all construction activities shall meet the requirements of this division. The building official shall make a copy of this division and other relevant town policies available to the applicant. (d) Acceptance ofimprovements. No acceptance of public improvements shall be authorized until all fines for violations of this division have been paid to the town or otherwise disposed of through the municipal court. (e) Certificate of occupancy. No certificate of occupancy shall be issued until all fines for violations of this division have been paid to the town or otherwise disposed of through the municipal court. (UDC 1994, art. IX, § 8.1 8.5) Sec. 98-54. - Enforcement. Failure to comply with this division will constitute a violation of the UDC and will be subject to the provisions of chapter 26, article II, division 3. (UDC 1994, art. IX, § 8.6) Page 8 Secs. 98-55-98-80. - Reserved. Page 9 TOWN OF WESTLAKE ORDINANCE NO. 958 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 98 VEGETATION, DIVISION TWO PRESERVATION, SECTIONS 47 AND 48; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a Type A General Law municipality; and WHEREAS, the Town of Westlake seeks to ensure that new development is consistent with the Town's vision as further described and detailed in the Town's adopted plans, policies and regulations; and, WHEREAS, Chapter 98-Vegetation, Division 2-Preservation, Sections 47 and 48 prescribes tree protection requirements for Westlake; and WHEREAS, Town staff proposes amendments to Chapter 98-Vegetation, Division 2- Preservation, Sections 47 and 48 that provide basic tree preservation exemptions for residential properties while remaining consistent with the Town's goals for environmental stewardship as recommended in the 2015 Comprehensive Plan; and WHEREAS, upon the recommendation of staff to amend Chapter 98-Vegetation, Division 2-Preservation, Sections 47 and 48 in Code of Ordinances, 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 amendments 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 Chapter 98-Vegetation, Division 2-Preservation, Sections 47 and 48 in the Code of Ordinances, as amended, is hereby amended as follows: Ordinance 958 Page 1 of 4 Sec. 98-47. - Applicability. (a) Protected trees. (1) A protected tree is any tree that has a trunk caliper of six inches or more, as measured 4.5 feet above natural grade level, and is not one of the following species: a. Ailanthus altissima (Tree of Heaven). b. Alibizzia julibrissen (Mimosa). C. Maclura pomifera (female only) Bois d'Arc. d. Melia azeoarach (Chinaberry). e. Salix nigra (Black Willow). f. Celtis occidentalis laevigata (Hackberry). (2) A person must not, directly or indirectly, cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on property regulated by this division without first obtaining a tree removal permit unless otherwise specified in this division. (b) Properties requiring a tree removal permit. All public or private properties, including rights -of -way, public easements, franchises and utility easements, shall be subject to a tree removal permit. (c) Exceptions. (1) Residential properties. An existing single or two-family detached residence shall be exempt from the tree protection and replacement requirements of this chapter as it pertains to that residential property. However, this exemption does not apply to existing trees located within a roadway landscape zone on or adjacent to that property, or to undeveloped single-family property, except as provided below. (2) Identified on an approved landscape plan. A tree removal permit shall not be required for the removal of a protected tree if the protected tree to be removed is shown and noted as such on an approved landscape plan, and on construction plans approved by the building official. (3) Public safety. A tree removal permit shall not be required if a tree endangers the public health, welfare or safety, and immediate removal is required as determined in writing by an official of the town. (4) Utility service disruption. A tree removal permit shall not be required if a tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. (5) Landscape nursery. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises of the licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the town, where trees are intended for landscaping future phases of such larger project. (6) Residential building footprint. For undeveloped residential properties located in zoning districts that are zoned for the principal permitted use of single-family detached residences, trees located in the following areas shall be exempt from the tree protection and replacement requirements of this chapter: a. The building footprint of the principal residential building. The building footprint shall include the enclosed area located under the same roof, and sharing the same foundation, of the principal structure and shall not include outdoor swimming pools, accessory structures, outdoor patio areas, other structures, etc. Covered patio areas that share the principal structure roof and share the same foundation of the principal structure shall be included in the exempted area. b. Areas within 10 feet of the building footprint of the principal residential building as defined above. The measurement shall be taken from the edge of the principal building foundation as determined by the Building Official. Ordinance 958 Page 2 of 4 Sec. 98-48. - Tree replacement and mitigation requirements. (a) Replacement trees. In the event that a tree removal permit is granted, the applicant shall replace the protected trees being removed with trees listed in appendix D, town's approved plant list. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement trees shall be a minimum of three- inch caliper measured 12 inches from the ground, and ten feet in height when planted. (b) Replacement procedures. Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the building official has the authority to allow the planting to take place on another property. (c) Reforestation fund. If approved by the building official, the applicant, in lieu of compliance with this division, may make a payment into the reforestation fund, which shall be a special account administered by the town. The funds shall be used only for purchasing, planting and maintaining trees on public property, acquiring equipment that may be used for the planting, protecting or preservation of trees, or for acquiring and preserving wooded property. The payment required shall be specified and included in the Town's most recently adopted fee schedule. SECTION 3: 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 4: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. 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. Ordinance 958 Page 3 of 4 SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 51h DAY OF DECEMBER 2022. ATTEST: Amy M. Piukana, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Sean Kilbride, Mayor Ordinance 958 Page 4 of 4 Westlake Town Council TYPE OF ACTION Regular Meeting -Consent Westlake Town Council Meeting Monday, December 05, 2022 4 T N I T O RW N O F WETLAKE DISH NCTIVE BY DESIGN Topic: Consider approval of Ordinance for Appointing Presiding Judge and Alternate Judge. STAFF CONTACT: Troy Meyer, Assistant Town Manager/Jeanie Roumell, Court Administrator Strategic Alignment High Quality Planning, Design & Informed & Engaged Municipal & Development - We are a desirable Encourage Westlake's Citizens / Sense of Academic Operations well planned, high -quality Unique Sense of Place Community community that is distinguished by exemplary design standards. Choose ui item Time Line - Start Date: N/A Completion Date: N/A Funding Amount: N/A Status - ® Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In keeping with the requirements of Ordinance No. 401, establishing the Municipal Court for the Town of Westlake in 2001, the presiding and alternate judicial positions require appointments on a biennial basis. The Court has been very fortunate to have two outstanding individuals fill these positions, each with a long history of public service to local governments. Mr. Brad Bradley is the current presiding judge and has served as either presiding or alternate judge for many of our surrounding communities. Mr. Eric Ransleben is the alternate judge and has served as aprosecutor and alternate Page 1 of 2 judge for many local jurisdictions as well. The proposed ordinance recommends the reappointment of both individuals. RECOMMENDATION Staff recommends approval of the Ordinance. ATTACHMENTS Ordinance Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. 957 AN ORDINANCE OF THE TOWN OF WESTLAKE APPOINTING THE PRESIDING JUDGE AND THE ALTERNATE PRESIDING JUDGE FOR THE MUNICIPAL COURT OF RECORD NO. 1 FOR A TWO (2) YEAR TERM IN THE TOWN OF WESTLAKE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Westlake established the Municipal Court of Record No. 1 and must provide for the appointment of a Presiding Judge and an Alternate Judge; and WHEREAS, Ordinance 401 also sets forth certain duties and qualification for each of the Appointees; and WHEREAS, 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 amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Town Council hereby appoints the following individuals to the Municipal Court of Record No. 1 in the capacity set forth below: Presiding Judge Brad Bradley (effective 1-1-23 through 1-30-25) Alternate Judge Eric G. Ransleben (effective 1-1-23 through 1-30-25) These appointments are made subject to and are governed by the provisions of Ordinance No. 401, and in accordance with State law. SECTION 2: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3: If any section, article, paragraph, sentence, clause, phrase or word in the Ordinance, or application thereof to any person or circumstance, is held in valid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have Ordinance 957 Page 1 of 2 passed such remaining portion of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4: All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION 5: The Town Secretary of the Town of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Westlake and by filing this Ordinance in the Ordinance records of the Town. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 5TH DAY OF DECEMBER 2022. ATTEST: Amy M. Piukana, Town Secretary Sean Kilbride, Mayor APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 957 Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO.401 AN ORDINANCE OF THE TOW 1i OF WESTLAKE ESTABLISHING MUNICIPAL COURT OF RECORD NO. 1; REPEALING ORDINANCE NG. 337; ESTABLISHING DATES OF ABOLITION AND COMMENCEMENT; PROVIDING FOR THE APPOINTMENTS, QUALIFICATI IONS, VACANCIES, RENIC)VAL AND JUDICIAL AUTHORITY OF JUDGES; PF;.OVIDING FOR THE APPOINTMENT OF A MUNICIPAL COURT CLERK; E iTABLISHING PROVISIONS FOR FAILURE TO APPEAR AND PROMISE TO .APPEAR VIOLATIONS; PROVIDING DRIVING SAFETY FEES; PROVIDING WARRANT FEES; PROVIDING A TRANSCRIPT PREPARATION FEE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Texas Governm ynt Code Chapter 30, "Municipal Courts of Record," Subchapter UU, Westlake and Subchc pter A, "General Law for Ndluaicipal Courts of Record" provides that the governing body of th Town by ordinance may establish its municipal court as a municipal court of record if the formation of a municipal court of record is necessary to provide a more efficient disposition of, -,ases arising in the Town; anel WHEREAS, on September 27, 1999, the Town enacted Ordinance No. 337, creating and establishing a municipal court which is not a court of record; and WHEREAS, it is now the desire of the Town to repeal Ordin&ice No. 337 in its entirety, thereby abolishing the existing munic pal court, and adopt new provisions for the creation of Municipal Court of Record No. 1; and WHEREAS, the Board of Aldermen determines that it is in the best interest of the citizens of Westlake to establish the Municipal Court as the Municipa' Court of Record No. 1 in order to provide a more efficient disposition of cases arising in the Town. NOW, THEREFORE, BE IT ORDE,,INED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All maters state'. in the preamble are found to be true and correct and are incorporated herein by reference as if c-)pied in their entirety. SECTION 2: There is hereby (stablished Municipal Court of Record No. 1 for the Town of Westlake. The Board of Aldermen, in accordance with the determinations above finds that a Municipal Court of Record is necessary to provide a more efficient disposition of cases arising in the Town. The Court shall have concurrent jurisdiction with the Justice Court in any precinct in which Town is located in those criminal cases that arise in the Town and that are punishable by fine only. SECTION 3: The Town of W estlake Municipal Court of Record No. 1 is established pursuant to Texas Government Code Chapter 30, "Municipal Courts of Record," Subchapter A, "General Law for Municipal Courts of Record," Sections 30.00001 to 30.00027, Subchapter UU, all as from time to time amended, and the provisions of such legislation governing the operation of a municipal court of record are heret y adopted. SECTION 4: The Board of .'aldermen shall appoint a Presiding Judge and, at its discretion, appoint one or more Alternate Judges. The Presiding Judge and the Alternate Judges shall be appointed for terms of two (2) years each and shall have the trinimum qualifications and authority provided by state law. Each term of office shall commence upon the effective date of the ordinance appointing each such judge. The Board of Aldermen shall establish the compensation for the Presiding Judge a cad each Alternate Judge. SECTION 5: The Board of A Idermen shall appoint a Municipal Court Clerk for the Municipal Court of Record No. 1 who shall be an employee of the Town, subject to the supervision of the Presiding Judge. TI.e Board of Aldermen shall make an annual appropriation for Municipal Court functions and per: onnel, including a court reporto,r and a bailiff, as deemed necessary for proper operation of the G:)urt. All Municipal Court personnel shall serve under the direction and control of the Judge. The Clerk shall appoint a. Co,: Reporter as needed. The Municipal Court Clerk shall perform all tasks required for the performance of their duties, including but not limited to those required by Chapter 30 of the Texas Government Code, as amended, and all other applicable law. SECTION 6: The Municipal Court of Record No. 1 shall commence on the 1" day of January, 2002, at 12:00 a.m. The existing Municipal Court of the Town established by Ordinance No. 337 is abolished simultaneous with the commencement of Municipal Court of Record No. 1. All cases, warrants and other pending matters in the :existing Municipal Court are transferred to the Municipal Court of Record No. 1 commencing at 1 ?:00 a.m. on the 15t day of January, 2002. SECTION 7: Ordinance No. Y 37 is hereby repealed simultaneous with the creation of Municipal Court No. 1. All other ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the pro-isions of this Ordinance are re;pealcd to the extent of any conflict. SECTION 8: FAILURE TO APPEAR / VIOLATE PROMISE TO APPEAR A. Appearance Required. That any person summoned or ordered to appear in the Town Municipal Court of Record No. 1 to face and answer a charge:, brought against that person by the Town for a violation of a State statute, Town ordinance or other law or regulation shall appear in the Municipal Court of Reco -d No. 1 at the date and time specified in the summons or order. For purposes of this Ordinance, "Person" shall mean any corporation, partnership, joint venture, individual or ar.y other entity recognized in law. Page 2 B. CoMplaint. In the event a person summoned or ordered to appear in the Municipal Court of Record No. 1 as outlined in Section 8.A.of this Ordinance fails to appear, the Municipal Court Clerk shall be author zed and empowered to file E� complaint in the Municipal Court of Record No. I charging that mason with failure to appear / violate promise to appear as summoned or ordered. SECTION 9: DRIVING SAFETY FEES A non-refundable fee often dollars ($10.00) shall be collected as a special expense ea;h time a person requests to tale a driving safety course for the purpose of having the charge dismissed after the successful completio.a of the course. The fee shall be paid into the Town treasury to rocover the costs incurred by the Town in processing the person's request for a driving safety clas. . SECTION 10.: WARRANT FEES The following fees are hereby established and shall be imposed and collected by the Town's Municipal Court of Record, No 1 for a defendant convicted of a misdemeanor in the follow .ng instances: A. When a defendant has '.)een convicted in the Municipal Court of the Town, the defendant shall pay the sum of $50.00 :or the execution or processing of an issued arrest warrant or capias by a peace officer. The fee .;hall be assessed on conviction regardless of whether the defendant was also arrested at the sam time for another offense, and shall be assessed for each arrest made of a defendant arising out cf the offense for which the defendant has been convicted. B. Proceeds collected here,ander shall be retained by the Town in accordance with law. SECTION 11: TRANSCRIPT PREPARATION FEE A transcript preparation fee of Twenty -Five dollars ($25.00) shall be X aid by each defendant appealing; from a judgment or conviction in the Municipal Court. Th€: transcript preparation fee does not include the fee for the actual transcript of the proceedings and must be paid by the defendant in addition to the fee for the actual transcript. The Court clerk s: nall note the payment of the t -anscript preparation fee on the docket of the court and shall refund the fee to the defendant if the case is reversed on appeal. SECTION 12: In the event that any portion or section of this Ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portio;;s or section of this Ordinance which shall remain in full force and effect. SECTION 13: This Ordinance shall take effect from and after its passing, and in accordance with State law. PASSED AND APPROVED THIS 2211 D DAY OF OCTOBER, 200L Page 3 ATTEST: A-, A-- - 0A, Anl-"� I - . — roger CA, sswy, Town Secr t APPROVED AS TO FORM: own Page 4 Scott Bradley, Mayor Trent O. Petty, To;i anager I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 401 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were November 6, 2001. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § 0 COUNTY OF TARRANT Pam Nolte this 28th day of November, 2001, to certify which witness my hand and seal of office. 0 Notary Public, State of Texas Printed Name of Notary My commission expires Lel,'PL 0� gAR UBMUC OW 0 ofFriMW BOARD OFTRUSTEESAGENDA ITT Regulair Meeting Action Item TOPIC: Special Education Teacher (Increase 1-FTE) STAFF: Seam Wilson, head of School STRATEGIC ALIOI HI T Periodically, staffing impacts must be adjusted to meet specific needs of students at the Academy. This school year, we have found it necessary to add a Full Time Equivalent staff to the Primary Years Programme. This position was not included in the original budget for the FY'22-2023. However, this position would not have an impact on the current budget as the position would be funded through available ESSER funds. Should the position go beyond the FY'22-2023, the position will be absorbed in the FY'23-2024 Budget. The position is estimated to cost $50,000 from December 2022 to June 2023. COV I CIl.., AC'I"IOI /OP'I'IOI S ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Consider approving increase to the FTE for a Special Education teacher in the Primary Years Programme for the FY'22-2023, utilizing ESSER funds; and take appropriate action. STAR°F REC0MMEND.AI ION. Page 1 of 2 Approve a I -FTE increase for a Special Education teacher in the Primary Years Programme for the FY'22-2023, utilizing ESSER funds F I S C.A. L / S E R V I C E I E V E I ..... ...... I M P.,.A .I" . .........10 C 0 MM N I I Y., Project Cost/ F tending .Amo tint: $50,000 Ftending Sonrce: Contributions/Grants — ESSER Funds Contract: No Forms: N/A Service L,evels: Would this project increase our serice delivery costs? This is not a project. DEVEL,OPMENUMOBILITY IMPACT TO COMMI.JNITY Westlake.Academy: What impact, if any, would this have on WA? This adjustment to FTE would ensure WA meet compliance with state and federal obligations. Comprehensive Plan: Adhere to our comprehensieve plan — if yes, in what way? This is not a proj ect. Cost Recovery.Analysis: Costs would be borne through the federal dollars through the ESSER and funds allocated. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. AT' ACI-IMENTS .................................................................................................................................. I OM 0 Page 2 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, December 5, 2022 in I H E T O W IN 0 E WESTLAKE DISTINCTIVE BY DESIGN Topic: Consider a Resolution approving Aetna as the Town's Health insurance carrier and approving MetLife as the Town's dental and vision insurance carrier for the 2023 calendar year. STAFF CONTACT: Sandy M. Garza, Director of Human Resources Strateuic Aliunment Exemplary Service & Governance People, Facilities, & - We set the standard by delivering Fiscal Responsibility Technology unparalleled municipal and educational services at the lowest cost. Outside the Scope of Identified Strategic Initiatives Attract, Recruit, Retain & Develop the Highest Quality Workforce Time Line - Start Date: January 1, 2023 Completion Date: December 31, 2023 Funding Amount: TBD Status - ® Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff reviewed the renewal information from Aetna and the recommendation from OneDigital, the Town's broker of record) for our annual health, dental and vision insurance plan renewal, effective January 2023 through December 2023. The Town budgeted a 12% increase in health insurance costs. The market average increase for 2023 is 10-12%. The renewal with Aetna for medical was initially an aggregate 7.1% increase; OneDigital was able to negotiate the increase down to a 3% aggregate increase. Additionally, there is a slight increase for dental insurance and no increase for vision insurance. Page 1 of 1 The Town's estimated annual total premium to Aetna for medical insurance is $646,450. The estimated annual dental premium is $45,305 and the estimated annual vision premium is $3,975. There are no changes to the life and disability plans in 2023. RECOMMENDATION Staff recommends approval of the resolution authorizing the Mayor to enter into a contract with Aetna as the Town's Health insurance carrier and MetLife as the Town's Dental and Vision insurance carrier for 2023. ATTACHMENTS Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION 22-70 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORZING THE TOWN MANAGER OR DESIGNEE TO ENTER INTO A CONTRACT FOR THE TOWN'S HEALTH, VISION, AND DENTAL INSURANCE PRODUCTS AND SERVICES FOR THE 2023 CALENDAR YEAR. WHEREAS, the Town of Westlake desires to maintain a comprehensive health and dental insurance benefits for its employees that is competitive to surrounding cities; and, WHEREAS, the leaders of the Town of Westlake desire to exercise exceptional levels of stewardship with all financial resources; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the people of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 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 Aetna as the Town's health insurance carrier for a twelve (12) month period, beginning January 1, 2023, with an estimated annual premium of $646,450. SECTION 3: That, the Town Council of the Town of Westlake, Texas, hereby approves the renewal of MetLife as the Town's dental and insurance carrier for a twelve (12) month period, beginning January 1, 2023, with an estimated annual premium of $45,305. SECTION 4: That, the Town Council of the Town of Westlake, Texas, hereby approves the renewal of MetLife as the Town's vision insurance carrier for a twelve (12) month period, beginning January 1, 2023, with an estimated annual premium of $3,975. 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 become effective from and after its date of passage. Resolution 2 2 - 7 0 Page 1 of 1 PASSED AND APPROVED ON THIS 5TH DAY OF DECEMBER 2022. ATTEST: Sean Kilbride, Mayor Amy Piukana, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 22-70 Page 2 of 2 The'rown Of Westlake W3 URTITU-Tra TIMIMMI, AcIOUnt IManager Cynthia Gonzalez Telephone INUrniii 904-351-3353 Assumptionis Contract State:: TX Ploicifing Level: $1,0C)"000 PrioducerServicle Fee: 2,47% Proposed Rat�eis Efiective Dat�c 1/1/2023, Tot a Diu e I nic � u d eis 2.47 % P rad uce r Se riv! ce Fee * * $1,510,10 deductible plan will be eliminated for the 2023 year. Currently there are no employees on this plan. Vaetna," EmaR: G an z a 1l e zC M @ ae t n a., c a im Live&: SAIL; Codia: Meim/ElE. Ratio:: �Rx ForlIMUlary: M M 1.,93 Advanced Control Fornirtflary End Datc 12/31/2023 Page 1 of 1 BOARD OFTRUSTEESAGENDA ITT Regular Meeting Action Itein 'I'u s a , ..June , 2022 TOPIC: The Texas Academic Performance Report (TAPR) STAFF: Mr, Sean Wilson, E ecutive ]IIIire too STRATEGIC ALIG1 E T Annually, TEA rates schools based on several factors, including economic disadvantage, emerging bilingual/English language learners, student achievement, school progress, academic Growth, Relative Performance, and closing the Gap, all determining distinction in tested subject areas. In addition, TEA notes distinctions in Mathematics, ELA/Reading, Science, Social Studies, Progress, Closing the Gap, and Post Secondary Readiness. Westlake Academy has an Overall rating of A. In addition, the Academy scored an A in the following subcategories: • Student Achievement evaluates Performance across all subjects for all students on both general and alternate assessments: College, Career, and Military Readiness (CCMR) indicators and graduation rates. School Progress measures the number of students that grew at least one year academically (or are on track) as measured by STAAR results and the achievement of all Page I of 3 students relative to schools with similar economically disadvantaged percentages. • Academic Growth is a subcategory measuring the amount of improvement a student has made from year to year. Academic Growth is a measure of student growth for all students tested. • Closing the Gap uses disaggregated data to demonstrate differentials among racial/ethnic groups, socio-economic backgrounds, and other factors. All domains of this rating align with the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA). The Academy scored a B in the area of Relative Performance. Relative Performance compares schools of a similar economically disadvantaged population. Earning a B in this area means that Westlake Academy can improve how it academically services its economically disadvantaged students, representing 2.6% of the students. According to TEA 2022 Campus Comparison Groups, Westlake Academy is moving the academic needle for all students. However, there is room for improvement academically with our Economically Disadvantaged, English Language Learners, and Special Education students. Though we move more students towards their growth expectations, we lag in our delivery of instructions improving the academic performance of special populations. The Academic Leadership team will review past student performance, creating a plan to address areas of concern. CGV II Cfl.., ACI'.IO /GPI'.IO S ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, No action required of the Board of Trustee. STAFF RECGM MEI D. 110l Public Hearing of the TAPR at the January 30, 2022, Board of Trustee Meeting. W.'4.IA. S i / B 1Y_.d / S E R. ® IA i E IA..., E ® E IA..., IA 9 '9. W.. ./ B i IA9 .IA9 N...M IA I I E i N...M M 9 '9. [.I N IA .IA9 ffi. Project Cost/Funding Amotint: N/A ]E ending Source: N/A Contract: No Forms: N/A Service I..,evels m N/A DE EI.,OPMENU GIIILITY IMPACTTO THE CGM 1 JNIT Westlake Academy: What impact, if any, would this have on WA? This is not a project. Comprehensive Plan: Adhere to our comprehensive plan — if yes, in what way? This is not a proj ect. Cost Recovery Analysis: This is not a project. Traffic Impactm Any? Do we need this or tool this for development? There is no traffic impact. AT' ACI-IMEITS Page 2 of 3 A. 2021-2022 TAPR Report Accountability Rating (pdf) B. 2022 TAPR Comparison Group (pdf) C. 2021-2022 School Groupings (Excel) Page 3 of 3 2022 Accountability Manual About this ManuM The 2022 Accountability Manual is a technical guide that explains how the Texas Education Agency (TEA) uses the accountability system to evaluate the academic performance of Texas public schools. The manual describes the accountability system and explains how TEA processes information from different sources to produce 2022 accountability data reports. The 2022 Accountability Manual attempts to address all possible scenarios; however, because of the number and diversity of districts and campuses in Texas, there could be unforeseen circumstances that are not anticipated in the manual. If a data source used to determine district or campus performance is unintentionally affected by unforeseen circumstances, including natural disasters or test administration issues, the commissioner of education will consider those circumstances and their impact in determining whether or how that data source will be used to assign accountability ratings and award distinction designations. In such instances, the commissioner will interpret the manual as needed to assign the appropriate ratings and/or award distinction designations that preserve both the intent and the integrity of the accountability system. AccountabiRy Advisory Educators, school board members, business and community representatives, professional organizations, and legislative representatives from across the state have been instrumental in developing the current accountability system. Accountability Technical Advisory Committee (ATAQ includes representatives from school districts, charter schools, and regional education service centers (ESCs). Members made recommendations to address technical issues for 2022 accountability. Accountability Policy Advisory Committee (APAQ includes representatives from legislative offices, school districts, charter schools, parents, and the business community. Members made recommendations to address policy issues for 2022 accountability. The commissioner considered all proposals and released the 2022 Academic Accountability System Framework in February 2022. The accountability development proposals and supporting materials that were reviewed and discussed at each advisory group meeting are available online at httr�t.tacrayt-2 scl7ff lsZ.2LSf.t2�ilityic -acco ntabilityr2fstin ity; ..O� u.. '.........'.......:.....................'.........:......................:.........'.....................:.......... rni-,nt �materia ...0 Overview the 2022 AccountabiRySystem The overall design of the accountability system evaluates performance according to three domains: Student Achievement evaluates performance across all subjects for all students, on both general and alternate assessments; College, Career, and Military Readiness (CCMR) indicators; and graduation rates. School Progress measures district and campus outcomes in two areas: the number of students that grew at least one year academically (or are on track) as measured by STAAR results and the achievement of all students relative to districts or campuses with similar economically disadvantaged percentages. Closing the Gaps uses disaggregated data to demonstrate differentials among racial/ethnic groups, socioeconomic background, and other factors. The indicators included in this domain, as well as the Chapter 1-2022 Accountability Overview 2022 Accountability Manual domain's construction, align the state accountability system with the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA). Who is Rated? Districts and campuses with students enrolled in the fall of the 2021-22 school year are assigned a state accountability rating. For this purpose, students are considered enrolled if they are in membership. In order for a student to be in membership they must be scheduled to attend at least two hours of instruction each school day or participate in an alternative attendance accounting program. Students instructed virtually are included in accountability calculations in the same manner as in -person students. Students enrolled in virtual courses under an agreement described by Texas Education Code (TEC), Section 29.9091, are considered enrolled in the sending district or school for purposes of average daily attendance and accountability. Districts Beginning the first year they report fall enrollment, school districts and charter schools are rated based on the aggregate results of students in their campuses. Districts without any students enrolled in the grades for which STAAR assessments are administered (3-12) are assigned the rating label of Not Rated. State -administered school districts, including Texas School for the Blind and Visually Impaired, Texas School for the Deaf, Texas Juvenile Justice Department, and Windham School District are not assigned a state accountability rating. Campuses Beginning the first year they report fall enrollment, campuses, and open -enrollment charter schools, including alternative education campuses (AECs), are rated based on the performance of their students. For the purposes of assigning accountability ratings, campuses that do not serve any grade level for which the STAAR assessments are administered are paired with campuses in their district that serve students who take STAAR. Please see "Chapter 7—Other Accountability System Processes" for information on pairing. Rating k Districts and campuses receive an overall rating, as well as a rating for each domain. The rating labels for districts and campuses are as follows. A, 8, orC: Assigned for overall performance and for performance in each domain to districts and campuses (including those evaluated under alternative education accountability (AEA)) that meet the performance target for the letter grade • Not Rated: Indicates that a district or campus does not receive a rating for one or more of the following reasons: o The district or campus has no data in the accountability subset. o The district or campus has insufficient data to assign a rating. o The district operates only residential facilities. o The campus is a juvenile justice alternative education program (JJAEP). o The campus is a disciplinary alternative education program (DAEP). o The campus is a residential facility. o The commissioner otherwise determines that the district or campus will not be rated. Chapter 1-2022 Accountability Overview 2022 Accountability Manual • Not Rated: Senate Bill 1365: Assigned in 2022 for overall performance to districts and campuses that do not meet the performance target to earn at least a C. • Not Rated: Data Under Review indicates data accuracy or integrity may have compromised performance results, making it impossible to assign a rating. The assignment of a Not Rated: Data Under Review label is temporary while the data are reviewed. • Not Rated: Data Integrity Issues indicates data accuracy or integrity have compromised performance results, making it impossible to assign a rating. The assignment of a Not Rated: Data Integrity Issues label is permanent. • Not Rated: Annexation indicates that the campus is in its first school year after annexation by another district and, therefore, is not rated, as allowed by the annexation agreement with the agency. See Chapter 9 for more information on how these ratings impact sanctions and interventions. Single -Campus Districts For single -campus school districts and charter schools, the 2022 performance targets applied to the campus are also applied to the district, ensuring that both the district and campus receive identical ratings. School districts or charter schools that meet the definition above are considered single -campus districts or charter schools in any criteria outlined in this manual. Distinction SitiS Districts and campuses that receive acceptable accountability ratings are eligible to earn distinction designations. Distinction designations are awarded for achievement in several areas and are based on performance relative to a group of campuses of similar type, size, grade span, and student demographics. Districts are eligible for a distinction designation in postsecondary readiness. Please see "Chapter 6—Distinction Designations" for more information. "� / / r- 0=1 M Every campus is labeled as one of four school types according to its grade span based on 2021-22 enrollment data reported in the fall Texas Student Data System (TSDS) PEIMS submission. The four types —elementary school, middle school, elementary/secondary (also referred to as K-12), and high school —are illustrated by the table on the following page. The table shows every combination of grade levels served by campuses in Texas and the number of campuses that serve each of those combinations. The shading indicates the corresponding school type. To find out how a campus that serves a certain grade span is labeled, find the lowest grade level reported as being served by that campus along the leftmost column and the highest grade level reported as being served along the top row. The shading of the cell where the two grade levels intersect indicates which of the four school types that campus is considered. The number inside the cell indicates how many campuses in Texas served that grade span in 2021-22. For example, a campus that serves early elementary (EE) through grade four is labeled elementary school; there are 179 campuses that serve only that grade span. A campus that serves grades five and six only is labeled middle school, and there are 110 such campuses statewide. Chapter 1-2022 Accountability Overview 2022 Accountability Manual 2022, Accountability Systern Schoril Types ta�,9166 Total Campuses], EWsmantMISmDadary middle schoad 1411 in s h I 558 canvisea 1,720 13,M,PKMN '101 CAVINM2,98 HIP1664 raW L&VOUSened ---> IEE P Y 2 3 4 5 9 7 a 5 10 11 12 1EE PK KGI ......... I. I. I NW/k/ G a, 13, 12301 Is, 7 12 23 197 a 12 20 3,2 34 1357 TO 18 5 a 11 14 28 12 15, TEA IIIVIaM of Pwf6rmancs Reportmig Chapter 1-2022 Accountability Overview 2022 Accountability Manual Accountability Subset Rule A subset of assessment results is used to calculate each domain. The calculation includes only assessment results for students enrolled in the district or campus in a previous fall, as reported on the TSDS PEIMS October snapshot. Three assessment administration periods are considered for accountability purposes: STAAR results are included in the subset of district/campus accountability if the student was enrolled in the district/campus on this date: EOC summer 2021 administration October 2020 enrollment snapshot EOC fall 2021 administration October 2021 enrollment snapshot EOC spring 2022 administration Grades 3-8 spring 2022 administration The 2022 accountability subset rules apply to the STAAR performance results evaluated across all three domains. • Grades 3-8: districts and campuses are responsible for students reported as enrolled in the fall (referred to as October snapshot) in the spring assessment results. • End -of -Course (EOQ districts and campuses are responsible for o summer 2021 results for students reported as enrolled in the October 2020 snapshot; o fall 2021 results for students reported as enrolled in the October 2021 snapshot; and o spring 2022 results for students reported as enrolled in the October 2021 snapshot. STAAR Retest Performance The opportunity to retest is available to students who have taken EOC assessments in any subject. • EOC retesters are counted as passers based on the passing standard in place when they were first eligible to take any EOC assessment. In this case, the most recent result is found for each subject retested and included in performance calculations if the result meets the accountability subset rule. If a STAAR progress measure is available, the result is included in progress calculations if the result meets the accountability subset rule. The following charts provide examples of how the accountability subset is applied to EOC retesters. Chapter 1-2022 Accountability Overview 2022 Accountability Manual Enrolled Tested Enrolled Tested Tested October 2020 Summer 2021 October 2021 Snapshot Snapshot Fall 2021 Spring 2022 Campus A Campus A Campus A Campus A C Campus A The best result is selected. Each result meets the accountability subset rule. The best result is found for performance (most recent result) and progress (only available), considered separately. The selected result is only applied to the district and campus that administered the assessment if the student meets the accountability subset rule (discussed above). Enrolled Tested Enrolled Tested Tested October 2020 Summer 2021 October 2021 Fall 2021 Spring 2022 Snapshot Snapshot Campus A Campus A Campus A Campus A Campus B The best result is selected. Only the fall 2021 result meets the accountability subset rule. If spring 2022 was selected as the best result, the result would not meet the accountability subset rule for inclusion at Campus A or Campus B. SATACT Inclusion —Accountability Subset The SAT/ACT results of accelerated testers (or the non -participation of accelerated testers in SAT/ACT) is attributed to the district and campus at which the student was reported as enrolled on October 2021 PEWS snapshot. Please see Chapter 2 for additional information on accelerated testers and the inclusion of SAT/ACT results. Chapter 1-2022 Accountability Overview 2022 Accountability Manual One of the primary sources for data used in the accountability system is the TSDS PENS data collection. The TSDS PENS data collection has a prescribed process and timeline that offer school districts the opportunity to correct data submission errors or data omissions discovered following the initial data submission. TSDS PENS data provided by school districts and used to create specific indicators are listed below. TSDS PEIMS data used for accountability indicators Data for 4-year Longitudinal Graduation Rate Class of 2021 5-year Longitudinal Graduation Rate Class of 2020 6-year Longitudinal Graduation Rate Class of 2019 Annual Dropout Rate 2020-21 school year Graduate with Completed IEP and Workforce Readiness Graduate Under an Advanced Diploma Plan and be Identified as a Current Special Education Student Earn an Industry -Based Certification Earned during 2020-21 2019-20, 2018-19, and 2017-18 school years Complete College Prep Course Dual Credit Course Completion Earn an Associate Degree 2022 Other �ndicators The CCMR component of the accountability system includes data from ACT, Advanced Placement (AP), International Baccalaureate (IB), SAT, Texas Success Initiative (TSI) assessment results, OnRamps, and level I and level II certificates. Other data used for Data reported for College, Career, and Military Readiness Tests as of July 2021 administration ACT college admissions test (2020-21, 2019-20, 2018-19, and 2017-18 school years) Chapter 1-2022 Accountability Overview 2022 Accountability Manual Other data used for Data reported for College, Career, and Military Readiness Tests as of June 2021 administration AP examination (2020-21, 2019-20, 2018-19, and 2017-18 school years) Tests as of May 2021 administration IB examination (2020-21, 2019-20, 2018-19, and 2017-18 school years) TSI assessment Tests from June 2011 to October 2021 administration Tests as of June 2021 administration SAT college admissions test (2020-21, 2019-20, 2018-19, and 2017-18 school years) Courses completed during the 2020-21, 2019-20, 2018— OnRamps dual enrollment course completion 19, and 2017-18 school years Certificates earned during the 2020-21, 2019-20, 2018— Level I and level II certificates 19, and 2017-18 school years Due to discrepancies between annual enlistment counts for Texas military enlistees aged 17-19 released by the United States Department of Defense and TSDS PEIMS military enlistment data for 2017 and 2018 annual graduates, military enlistment data is excluded from accountability calculations until such data can be obtained directly from the United States Armed Forces. Ensuring antegrity Accurate data is fundamental to accountability ratings. The system depends on the responsible collection and submission of assessment and TSDS PEIMS information by school districts and charter schools. Responsibility for the accuracy and quality of data used to determine district and campus ratings, therefore, rests with local authorities. An appeal that is solely based on a district's submission of inaccurate data will likely be denied. Because accurate and reliable data are the foundation of the accountability system, TEA has established several steps to protect the quality and integrity of the data and the accountability ratings that are based on that data. • Campus Number Tracking: Requests for campus number changes may be approved with consideration of prior state accountability ratings. Ratings of D, F, or Improvement Required for the same campus assigned two different campus numbers may be considered as consecutive years of unacceptable ratings for accountability interventions and sanctions, if the commissioner determines this is necessary to preserve the integrity of the accountability system. • Data Validation System: Data Validation is a data -driven system designed to confirm the integrity of district submitted data. Annual data validation analyses examine districts' leaver and dropout data, student assessment data, discipline data and may also validate other district submitted data. Districts identified with potential data integrity concerns engage in a process to either validate the accuracy of their data or determine that erroneous data were submitted. This process is 10 Chapter 1-2022 Accountability Overview 2022 Accountability Manual fundamental to the integrity of all the agency's evaluation systems. For more information, see the Data Validation Manuals on the PBM website at lar_ot,t2craytkNrgiAM1„N„eu„„I. • Test Security: As part of ongoing efforts to improve security measures surrounding the assessment program, TEA uses a comprehensive set of test security procedures designed to assure parents, students, and the public that assessment results are meaningful and valid. Among other measures, districts are required to implement seating charts during all administrations and maintain certain test administration materials for five years. All testing personnel are required to be trained in test security and administration procedures at least once. However, annual test administration training is strongly encouraged, especially for policies and procedures that have changed. Detailed information about test security policies for the state assessment program is available online at lott o t a N na�ntdocs.atlassian.net wi.ki aca (':� C,C,�AM1 a. a 2°: �1 0 11!: C t w Sa ceuN it K ................................................................................................................................................................................................................/................................K................................................................................K...........g.........................................................................................................................................................................y Not Rated: Data Integrity Issues: This rating is used when the accuracy and/or integrity of performance results have been compromised, preventing the assignment of a rating. TSDS PEIMS data submitted by districts, such as military enlistment data, are subject to audit at the discretion of the agency. Results of an audit may lead to corrective action plans, revised accountability ratings, or possible investigations under TEC, Section 39.057, and consequent actions and interventions under that section and TEC, Chapter 39A. This label is not equivalent to an F rating, though the commissioner of education has the authority to lower a rating or assign an F rating due to data quality issues. A Not Rated: Data Integrity Issues rating does not break the chain of consecutive years of unacceptable accountability ratings for accountability sanctions and interventions purposes. All districts and campuses with a final rating label of Not Rated: Data Integrity Issues are automatically subject to desk audits the following year. These steps can occur either before or after the ratings release, and sanctions can be imposed at any time. To the extent possible, ratings are finalized when updated ratings are released following the resolution of appeals. A rating change resulting from an imposed sanction will stand as the final rating for the year. Chapter 1-2022 Accountability Overview 11 F, • L � V � � � V N � � p � �o O i ca — LM c Mo WaI O > i N V O Q O V m N Q CC N M ct O N ct v v v v ct N � � N ct ct U ct Q '� ctCt ct a� Texas Education Agency 2022 Accountability Ratings Overall Summary WESTLAKE ACADEMY CHARTER SCHOOL (220810) - TARRANT COUNTY Accountability Rating Summary ,, ,oNOW , ///o Overall 99 Student Achievement 98 ISM STAAR Performance 78 95 College, Career and Military Readiness 95 99 Graduation Rate 100 100 School Progress 92 Academic Growth 83 92 Relative Performance (Eco Dis: 2.6%) 87 84 Closing the Gaps 100 100 Distinction Designations Not Eligible Postsecondary Readiness Released August 2022 TEA I School Programs I Assessment and Reporting I Performance Page 1 of 1 Reporting 2022 Campus Comparison Group WESTLAKE ACADEMY (220810001) - WESTLAKE ACADEMY CHARTER SCHOOL Campus Type: Elementary/Secondary Sorted by District Name Grade Number of Soan Students % Econ Disadv W2,1411111 Mobility Rate % Early College % Special HS Ed 1 ABBOTT SCHOOL (109901001) ABBOTT ISO PK-12 282 24.8 0.7 7.5 0.0 13.1 2 ARISTOI CLASSICAL UPPER ARISTOI CLASSICAL 05-12 563 6.2 3.7 13.0 0.0 11.9 SCHOOL(101803001) ACADEMY 3 BLUFF DALE EL (072904101) BLUFF DALE ISO PK-12 227 27.3 0.4 16.7 0.0 11.0 4 CHAPARRAL STAR ACADEMY CHAPARRAL STAR KG-12 354 6.8 12.7 19.9 0.0 2.5 (227814001) ACADEMY 5 COMPASS ACADEMY CHARTER COMPASS ACADEMY KG-12 1,371 8.5 0.1 3.4 0.0 9.6 SCHOOL (068802001) CHARTER SCHOOL 6 FAYETTEVILLE SCHOOLS FAYETTEVILLE ISO PK-12 279 20.4 6.1 6.4 0.0 10.0 (075906001) 7 FORT ELLIOTT SCHOOL FORT ELLIOTT CISD PK-12 159 30.8 0.6 10.6 0.0 10.7 (242906001) 8 GRADY SCHOOL (156905001) GRADY ISO PK-12 249 19.7 5.2 7.4 0.0 4.4 9 UUNVVERSITY PREP (220906007) GRAPEVINE-COLLEYVIL 05-12 1,340 6.0 0.1 8.3 0.0 2.5 LE ISD 10 GREAT HEARTS NORTHERN GREAT HEARTS TEXAS KG-12 1,431 17.3 3.2 6.7 0.0 6.8 OAKS (015835003) 11 GROOM SCHOOL (033901001) GROOM ISO PK-12 143 25.2 1.4 9.6 0.0 21.0 12 GUTHRIE SCHOOL (135001001) GUTHRIE CSD KG-12 132 19.7 3.0 8.2 0.0 9.8 13 HIGHLAND SCHOOL (177905001) HIGHLAND ISO PK-12 225 25.8 0.0 8.9 0.0 9.3 14 HUCKABAY SCHOOL HUCKABAY ISO PK-12 304 22.4 2.0 12.5 0.0 9.2 (072908001) 15 IMAGINE INTERNATIONAL IMAGINE KG-12 1,386 9.0 10.1 7.2 0.0 5.3 ACADEMY OF NORTH TEXAS INTERNATIONAL (0438 ACADEMY OF NORTH TEXAS 16 IRA SCHOOL (208903001) IRA ISO KG-12 275 26.5 2.2 8.0 0.0 8.7 17 KLONDIKE ISO (058905001) KLONDIKE ISO PK-12 259 22.4 5.8 9.2 0.0 7.7 18 KNIPPA SCHOOL (232901001) KNIPPA ISO PK-12 412 32.0 3.9 6.6 0.0 10.2 19 LEADERSHIP PREP SCHOOL LEADERSHIP PREP 05-12 846 5.1 4.0 10.0 0.0 9.0 SECONDARY (061804002) SCHOOL 20 MCMULLEN COUNTY SCHOOL MCMULLEN COUNTY PK-12 283 27.6 1.4 7.2 0.0 7.1 (162904001) ISO 21 MERIDIAN WORLD SCHOOL LLC MERIDIAN WORLD KG-12 1,683 5.7 9.8 5.6 0.0 9.7 (246801001) SCHOOL LLC 22 MIAMI SCHOOL (197902001) MIAMI ISO PK-12 196 29.6 1.0 11.9 0.0 7.7 23 NAZARETH SCHOOL (035903001) NAZARETH ISO PK-12 250 19.2 0.4 1.8 0.0 7.2 24 NEW HOME SCHOOL NEW HOME ISO PK-12 586 13.1 1.9 6.3 0.0 4.3 (153905001) 25 NORTHSIDE SCHOOL NORTHSIDE ISO KG-12 236 33.1 0.0 5.8 0.0 10.2 (244905001) 26 GATEWAY COLLEGE ORENDA CHARTER KG-12 1,534 5.1 2.3 10.0 0.0 7.4 PREPARATORY SCHOOL SCHOOL (014804006) 27 SPRING BRANCH ACADEMIC SPRING BRANCH ISO 01-12 140 8.6 2.1 0.0 0.0 0.7 INSTITUTE (101920018) 28 AMARILLO COLLEGIATE TEXAS COLLEGE KG-12 461 31.7 0.9 14.4 0.0 6.3 ACADEMY(221801011) PREPARATORY ACADEMIES 29 FOUNDERS CLASSICAL TEXAS COLLEGE KG-12 931 19.7 8.6 8.9 0.0 4.8 ACADEMY (221801043) PREPARATORY ACADEMIES 30 FOUNDERS CLASSICAL TEXAS COLLEGE KG-11 874 8.6 8.6 12.0 0.0 6.4 ACADEMY - FRISCO (221801068) PREPARATORY ACADEMIES 31 FOUNDERS CLASSICAL TEXAS COLLEGE KG-11 860 10.1 8.6 8.9 0.0 6.4 ACADEMY OF FLOWER MOUND PREPARATORY (221801 ACADEMIES 32 FOUNDERS CLASSICAL TEXAS COLLEGE KG-12 706 6.5 3.1 9.6 0.0 6.4 ACADEMY OF LEANDER PREPARATORY (221801058) ACADEMIES 33 FOUNDERS CLASSICAL TEXAS COLLEGE KG-12 669 26.9 1.0 15.7 0.0 5.5 ACADEMY OF SCHERTZ PREPARATORY (221801066) ACADEMIES 34 TEXAS TECH UNIVERSITY K-12 TEXAS TECH KG-12 977 0.0 0.0 0.0 0.0 0.1 (152504001) UNIVERSITY K-12 Texas Education Agency I School Programs I Assessment & Reporting I Performance Reporting June 14, 2022 2022 Campus Comparison Group WESTLAKE ACADEMY (220810001) - WESTLAKE ACADEMY CHARTER SCHOOL Campus Type: Elementary/Secondary Sorted by District Name % Early Grade Number of % Econ Mobility College % Special Campus Name District Name Span Students Disadv % EL Rate HS Ed 35 TREETOPS SCHOOL TREETOPS SCHOOL KG-12 323 20.4 0.9 7.3 0.0 6.8 INTERNATIONAL(220801001) INTERNATIONAL 36 TRIVIUM ACADEMY (061805001) TRIVIUM ACADEMY KG-11 553 3.8 10.1 10.3 0.0 12.1 37 LIT TYLERUNIVERSITY LIT TYLERUNIVERSITY 01-12 259 20.8 1.2 20.8 0.0 6.9 ACADEMY AT LONGVIEW ACADEMY (212804102 38 UTPB STEM ACADEMY UTPB STEM ACADEMY KG-12 763 24.5 3.9 10.5 0.0 6.0 (068803001) 39 VALOR SOUTH AUSTIN VALOR PUBLIC KG-11 682 20.8 2.9 6.5 0.0 8.4 (227829001) SCHOOLS 40 WILDORADO SCHOOL WILDORADO ISO PK-12 230 26.5 0.0 11.2 0.0 10.0 (180904101) Comparison Group Average 586 18.0 3.4 9.1 0.0 7.8 Texas Education Agency I School Programs I Assessment & Reporting I Performance Reporting June 14, 2022 BOARD OFTRUSTEESAGENDA ITT Regulair Meeting Action Item TOPIC: SY'23-2024 Academic Calendar (Proposed) STAFF: Sean Wilson, Head of School STRATEGIC ALIGN ENT Trustees. Presenting the calendar allows the administration time to work with stakeholders to ensure students receive 75,600 minutes of academic instruction over the course of an academic year and staff meet required preparation and training days. The proposed calendar has a total of 171 instructional days, 75,740 minutes of instruction, and three bad weather make-up days. The proposed calendar may be modified after review by stakeholders and is subject to change until final approval in the Spring 2023. We anticipate having a final draft of the SY '23-2024 calendar by March 2023. By March 2023, we will have two additional years of draft calendars available for consideration. The Academic Leadership team will review past student performance, creating a plan to address areas of concern. COV INCII.., AC'I"ION/OPTIONS No action required of the Board of Trustee. Page 1 of 2 STAFF ...,.R E C 0 M M E N D.A. I 1 0 N Adoption of the SY'23-2024 Calendar at the March 2023 Board of Trustees' meeting. F I S C.A. L / S E R V I C E I E V E I ..... ....... I M P.,.A C 1 0 N C 0 M M [] N I I.E.Y. Project Cost/ F ending Amo tint: None Funding Source: N/A Contract: No Forms: N/A Service L,evels: Would this project increase our service delivery costs? This is not a project. D E V E 1 0 P M E N.J.'../M 0 B I L I I Y I M P.A. C I .............10 C 0 M M I..] N I I.E.Y. Westlake Academy: What impact, if any, would this have on WA? This is not a project. Comprehensive Plan: Adhere to our comprehensive plan — if yes, in what way? This is not a proj ect. Cost Recovery Analysis: Utilization of the cost recovery tool that R. McCaffrey put together. This is not a project. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. ATTACI-IMENTS .................................................................................................................................. A. SY'23-2024 Academic Calendar (pdf) Page 2 of 2 --�©IIIIII„ IIIII�6 ��IIIIIIIIIIIIIIIIIIIIIIIUIuIIii!uu�lluu,l�iii'� iii� u ®iili�..�MIIIjWu illl.;;llml�� 16 Westlake Academy Academic Calendar 2023-2024 S M T W Th F Sa 20 13 J rI I VV in r Ja 1 2 3 11� 5 6 7 8 9 10 12 14 15 16 17 19 20 21 20 17 19 14 21 r � fir/ f / EMj ' ` ' //// i i %/ � MM 1l T ki V T kil 1 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I I I I I I 1 1 21 First / Last Day of School No School Professional Day - Student Holiday Bad weather make up 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0 Parent/Student Conferences -All Day. <Remove these?> Semester Exams / Assessments Senior Commencement <<do we have a date?>> Late Start Wednesdays 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4— Sem.1 Sem.2 Total 80 91 171 Staff: 185 August 4 & 7 New Teacher Orientation 8-16 All Teacher Orientation 17: First Day of School September 4: Labor Day (No School) October 13: Teacher Professional Day (No School) 16: Columbus Day (No School) ????: End of 1st Quarter November 10: Veterans Day Observed 20 - 24: Thanksgiving Break December 15-20 Final exams - assessments 20: End of 2nd Quarter ?????? 21: Teacher Professional Day (No School) 22: Winter Break begins January 4: Winter Break ends 5: Teacher Professional FLEX Day (No school) 15: Martin Luther King, Jr (No School) February 16: Teachers' Professional Day - (No School) 19: Presidents' Day (No School) March 7: End of 3rd Quarter ???? 8: Teachers' Professional Day - (No School) 11-15 Spring Break 29: Bad weather make up April 19: Bad weather make up May 24: Bad Weather Make -Up Day 27: Memorial Day (No School) 28-31 Secondary Final exams - assessments 31: Last Day of School June 3: Teacher Work Day ???: Senior Commencement rl �A fiA .-1 co In U1I I 0 mmmmm CIMINO l l" on 111all ®, ® uullllllll in IMBIBE on BOARD OFTRUSTEESAGENRA ITT Regulair Meeting Discussion Item TOPIC: Student Code of Conduct STAFF: Seam Wilson, head of School STRATE IC ALI 1 E T The previous version of the Code of Conduct has been vetted by the Academy Legal Counsel and the Academivc Leadership team. The current version show progression toward having broader input from other Westlake Academy stakeholders. The updated draft Student Code of Conduct will be made available to internal staff for review through December 2022. Once internal staff have completed their review, the Code of Conduct will be made publically available for comment and input. We anticipate a final document by March 2023 and implementation for SY'23-2024. The aforementioned process will allow greater input into the discipline policy at Westlake Academy, noting the expectations of all stakeholders and helping guide disciplinary consequences and expectations. Initially, the review of the student code of conduct was expected to occur over the next 60 days. The timeline has been extended to ensure we are able to get as much input and feedback as possible. During the review period, stakeholder input will be solicited to ensure the Student Code of Conduct mirrors the holistic, global educational experience expected at Westlake Academy. Page 1 of 2 L 0 1.,J N C I I ..... ...... . A C I 1 0 N../..O P I 1 0 N S. This presentation does not require Board of Trustee action at this time. STAFF RECOMMENDATION Adoption of the Student Code of Conduct at the March 2023 Board of Trustees' meeting. F I S C.A. L / S E R V I C E I E V E I ..... ...... I M P.,.A C I .. . .........10 C 0 MM N I I Y., Project Cost/ F und ingA mo tint: None Funding Source: N/A Contract: No Forms: N/A Service L,evels: Would this project increase our serice delivery costs? This is not a project. DEVEL,OPMENT/MOBILITY IMPACT TO COMMI.JNITY WestlakeAcademy: What impact, if any, would this have on WA? This document will alter the way in which disciplinary actions at the Academy are Comprehensive Plan: Adhere to our comprehensieve plan — if yes, in what way? This is not a proj ect. Cost Recovery An alys is: Utilization of the cost recovery tool that R. McCaffrey put together. This is not a project. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. ATTACI-IMENTS .................................................................................................................................. Student Code of Conduct (Word Document) Page 2 of 2 STUDENT CODE OF CONDUCT DEVELOPMENT OF THE STUDENT HANDBOOK AND CODE OF CONDUCT Each year Westlake Academy's Student Handbook and Code of Conduct is revised to better serve our parents and students, and is adopted by the Town of Westlake Board of Trustees. This handbook provides information to parents and students regarding school -related issues, standards of conduct, consequences of misconduct, and procedures for administering discipline. In accordance with state law, this handbook will be posted on ��' ke Academy's website and will be available for review at the office of the campus principal. Parents will be d of any conduct violation that may result in a student being suspended or expelled from Westlake Academ se the Student Handbook and Code of Conduct is adopted by Westlake Academy's Board of Trustees, it has �� olicy. If at any time there is a conflict between the Student Handbook and Code of Conduct and state orlaw ,� nd federal law shall " control If at anytime there is a conflict between the Student Handbook Code o Condu , Town of Westlake Board policy, the most recently adopted item will control. 3A f /�� DISCIPLINE MANAGEMENT PLAN PF "°i' 1/ Mains Westlake Academy's "discipline management plan" known a� tudent Han �nd Code of Condz ,,,; information, policies, and regulations on the rights and responsib of s 11 outlines student disciplinary p q "" ��'� 1 be posted on Westlake Academy's ex ectations and consequences. The Student Handbook and Code o"�„ %1, l0" website for all students, parents, teachers, and a trators to review. is and parents need to be familiar with the standards set out in the handbook, as well a �a classroom ru� ually, each student and parent shall sign a statement that they have received and read tz1 � book and % Conduct and acknowledge the responsibilities outlined therein. Each parent and st t shou�� amiliar licies and procedures outlined in campus student handbooks/folders and campus dis m' e proc / o%///%�/�//�� DISCIPLINE MANAGE UES� In general, discipline wi `signed to i� e conduct o encourage students to adhere to their responsibilities as members of the scl mmunity. Disc, ry action wi ` w on the professional judgment of teachers and administrators and on a r f discipli ent techn �' including restorative discipline practices, but will 119 not include the aversive tec f p I � in � anagement techniques used when students violate the Studentq'' nd Co - uct shall in it be limited to, the following: i / Y1fl rrecti�f�lllllp • Coolin � � ime ors of -out" that does not constitute an aversive technique; //�j�� f • Seating ch �' within „"„" % a..... room; �� ,ts, 11111 ///fffffj// Rewards or d r"„..... > ...... Counseling by ers, counselors, or administrative personnel; !/ 1///// estitution of d es; ' �y,,, • porary re from class; • Igo, tea references; • Tem hfiscation of items; • Behavi i�contracts; • Detention, including lunch and before and after school; • Saturday school; • Special assignments or duties; • Loss of privileges; • Exclusion from extra -curricular activities, such as participation in extracurricular activities, eligibility for seeking and holding honorary offices, or membership in school sponsored clubs and organizations; • Penalties identified in individual student organizations' extracurricular standards of behavior; • Grade penalties as permitted by Board policy; • Required Parent Meeting (RPM); • Transfer to a different classroom; • In -school suspension; • Out -of -school suspension; • Expulsion • Referral to law enforcement for criminal prosecution, in addition to school disciplinary consequences. • Restorative justice. • Peer mentoring. • Training in conflict management. • Other strategies and consequences as determined by school An aversive technique is a technique or intervention that is intended W 1 reoccurring by intentionally inflicting on a student significant physioemot term includes a technique or intervention that: 1. Is designed to or likely to cause physical pain, ot/h /corporal puns- 2. Is designed to or likely to cause physical pain t the use of electric involves the use of pressure points or joint 1 3. Involves the directed release of a noxious, toherwis near the student's face;� 4. Denies adequate sleep, air, food, water, shelter, be a restroom facility; °1'''�aao��%///% %fJ 5. Ridicules or demeans the student that advers mental health of the student or con des buses lihood of a behavior iscomfort or pain. The y procedure that ant spray, mi' substance comfort, supervision, or access to or endangers the learning or 6. Employs a device, material or objec t simu �� imm(�z,es all four extremities, including any procedure that res in such im izalio rone,°,,or supine floor restraint; 7. Impairs the studen % �� includin " educe olves applying pressure to the student's torso �! or o�i, cling the , is airway, innlding placing an object in, on, or over the stu 11 0 8. Restricts th o ent's 9. Secures the s' ' to 10. Inhibits, reduces 11. In '` 1&a.,use of ' u ess ded P heist �e of physical ba 13.E ves the student comj�he technique /with the stt or n fir placin rg cover, or mask over the student's face; a st//�ja/ ct whip/, student is in a sitting or standing position; zt r ��11+Y °communicate; Pyl�cat restraint; �� that precludes the student from being able to be involved in and in quired curriculum and, if applicable, toward the annual goals 's in ° lized education program, including isolating the student by the or + e use of one or more of the student's senses, except this technique may be ecuted in a manner that does not cause the student pain or discomfort or s individualized education program or behavior intervention plan. A Westlake AcademyAq/ ` i"or, volunteer, or an independent contractor of a school Westlake Academy may not apply an aversi,�+unique, or by authorization, order, or consent, cause an aversive technique to be applied, to a student. The prohibition of the use of aversive techniques does not prohibit a teacher from sending a student to the Assistant Principal's office in order to maintain effective discipline in the classroom. TEC 37.0023 Westlake Academy's discipline management plan utilizes all discipline management techniques allowed under Texas law, other than corporal punishment. A student with an Individualized Education Program (IEP) or accommodation plan will have his/her specialized need addressed in the area of discipline. Appropriate behavior management techniques may be included within the IEP or accommodation plan. In most instances, the behavior management techniques supplement the Student Handbook and Code of Conduct. DISCIPLINE AUTHORITY The Assistant Principal is the campus administrator designated by the Programme Principal who will be responsible for overseeing disciplinary concerns on the campus. In conformance with Westlake Academy policy, Programme Principals and Assistant Principals shall be responsible for establishing school rules and regulations that will ensure a safe educational program free from disruption for all students and for enforcing consistently and fairly all discipline policies and school rules and regulations regarding discipline. DISCIPLINE MANAGEMENT TRAINING Each principal shall be responsible for providing discipline management professional dev ment training for campus staff, including the Assistant Principal. The training must include a review of �e Academy's Student Handbook and Code of Conduct, as well as a review of any campus based discipli , gies or techniques. DISCIPLINE RECORDS amp °Campus administrators will maintain discipline records on each student aeparate �e students permanent record file. Discipline records remain active for the current school ye e end of the sch l_ r, these records are stored for the period of time specified in Westlake Academy's rec �tion schedule before ��' destroyed. Students start each year with a clean discipline record, except k e assigned disciplinary co se extending beyond the end of the previous school year. However, a stud isciplinary his remains availabnpus 0p0000iio i � lira. / administrators to review and consider, in certain circumstances as assess 'iplinary consequenc r or a new violation of the Student Handbook and Code of Conduct. �/ GUIDELINES FOR ASSESSING DISCIPL 1 DNSEQUENC� Students who violate Westlake Academy's Stu �r�� and Code 0r1 act shall be subject to disciplinary action. Westlake Academy's disciplinary options i e us i , more dis management techniques. When imposing discipline, Westlake Academy personnels - dhere to' ing ge /,guidelines: 1. No student shall be sub co p oral u ent ral ' punishment is not permitted Westl policy..,,, p � and 2. Discipline shall roistered, necessar}� Yotect students, school employees, or property and to maintain else �� - der and discip 3. Students shal eated fairly ° equitably. Tea and administrators have a variety of discipline consequences V. Cons based careful assessment of the circumstances of each case. Factors to cons��1f�% � ude b. St 16V 11e and"'?` level; ///1 c. Frequen J� iscon'�� d. Student's a ///ff i e. Intent or Lack ° ent at th ine the student engaged in the conduct; Self -Defense. ding on all of the relevant circumstances, a student who acts in self- �%% tense may sf � subject to an appropriate discipline consequence; g ��' tial eie misconduct on the school environment h. D -� y and risk of danger; i. Stu d`"ciplinary history; j. Disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, to the extent required by state and federal law; k. Student's status in the conservatorship of the Department of Family and Protective Services; I. Student's status as a student who is homeless; and m. Legal requirements, including any applicable requirements of Chapter 37 of the Texas Education Code and Westlake Academy's Student Handbook and Code of Conduct. Board Policy XXXX. Consideration will be given to items e, f, i, j, k, and I above in each decision concerning suspension or expulsion. LEVEL SYSTEM Disciplinary offenses in the Student Handbook and Code of Conduct are categorized into five levels that identify sample offenses and possible disciplinary options available to the teacher or administrator. In general, discipline shall be progressively administered so that each level has an increasing degree of intervention designed to promote student self-discipline, unless Board policy, state law, or the student code of conduct specifies otherwise. The teacher or administrator responsible for the discipline of a student shall apply the Guidelines for Assessing Disciplinary Consequences set forth above. In a given situation, the teacher or administrator may use discretion in determining the action(s) most appropriate to the setting and the infraction, except with regard to mandatory placements specified in state law (Level IV and V offenses). Campus administrators have the authority to discipline students for violations of the Student Handbook and Code of Conduct that occur on campus, on a school bus, or at school related or school sponsored activities, as well as certain off campus offenses, as specified by law. LEVELS I, II, III, IV, AND V The discipline charts provided herein list examples of offenses and disciplinary (primary years GK-G5), and (seco Level IV and Level V offenses are assessed expulsion to the student's home rl PARENT ---TEACHER CONFERENCES One or more conferences may be held during each school year student is not maintaining passing grades, is not achieving tl � problem to the teacher, or in any other case the teacher consk Z and the teachers are held to discuss progress, set goals, and prc education. RESPONSIBILITIES/STANDARDS Teachers and parents/guardians must fulfill experience and research show that a child's school — a partnership that thrives m encouraged. j // velop, with input`Pi ent Handbook an, • ��' Westlake Aca, 0000il • Pubs lWestlake i1 la Condu dividual • Provide tra �� o Conduct; -able at each campus level for Levels I, II, and III. if the other jPthe parents environment is to be achieved. Both g partnership between home and students, parents, and educators is and maintenance of a positive and safe and Code of Conduct; and as applicable. stlal�"C1�� demy planning and decision -making committee, a draft of a Of Con� r the Board's review and approval; compliance with state and federal laws; U g 's website the Board -approved Student Handbook and Code of administrators on the Board approved Student Handbook and Code of • Fulfill designate�Ies in due process and hearing procedures, as applicable; • Report certain disciplinary infractions to the Texas Education Agency (TEA) as required by the Texas Education Code (TEC); and • Provide each employee with a copy of Westlake Academy discipline policy — via Westlake Academy website. RESPONSIBILITIES OF CAMPUS ADMINISTRATORS • Assume responsibility for the distribution of the Board approved Student Handbook and Code of Conduct; • Provide campus -based in-service to students and staff on the Board -approved Student Handbook and Code of Conduct; • Ensure fair and impartial treatment of students in assigning consequences for disciplinary infractions; • Maintain an atmosphere conducive to good behavior; • Exhibit an attitude of respect toward individuals and property and conduct themselves in a responsible manner; • Monitor the delivery of differentiated instruction to meet the needs of individual students in accordance with IEPs, accommodation plans, and other individualized programs; • Facilitate the resolution of school -related conflicts in a timely manner; • Encourage parent/guardian participation in school affairs and actively promote open communications between parents/guardians and school personnel; • Ensure compliance with appropriate timeframes and procedures for disciplinary e process rights; • Notify the appropriate law enforcement agency if there are reasonable ground lieve that a crime has been committed; • Provide required notices regarding discipline action to parents/guardithe Assistant Principal is unavailable or unable to provide the required notices. RESPONSIBILITIES OF ASSISTANT PRINCIPAL • Primarily responsible for maintaining student discipline .%/v, • Promptly notifies parent/guardian by phone, inpers'Writing on the day a student is in in - school suspension, out -of -school suspension, reco ed for expulsi is taken into cust a law enforcement officer; Ml • Enters behavioral notices in ManageBac with appropriate / dent and actions taken. • Responds to removals of students from classroom a with �fte discipline management techniques;�� lla , lip„ . /r • Ensures compliance with appropriate ti - �/ocedures to�� Imary due process rights; • Notifies the appropriate law enforcement ` cy if tasonablX� 0 ds to believe that a crime has been committed. RESPONSIBILITIES OF • Maintain an at fe conduciv good beha • Develop, ma and communic " "" lassroom gu es and clear expectations for students; r, • Maintain regula - / ance a Id are `ed to perform their duties with appropriate materi�� " sward indiN I s r • de of roe and conduct themselves in a � nsib e � tfferentiate in ' to m/�needs of individual students in accordance with IEPs or 504 plans • �tify parents of stud e gress ai% significant changes in achievement or behavior; • the principal or a riate administrator in writing of violations of the Student Handbook and Co ��" onduct; • Report�� e they ha essed at school to any peace officer with the authority to investigate the 'rrrr crime;�� • Adhere to W°' �� ademy and campus policies and procedures; • Establish and ma „ m open communications with parents; • Refer a student to a campus administrator for misconduct. RESPONSIBILITIES OF STUDENTS • Read and adhere to the Student Handbook and Code of Conduct as well as campus and classroom rules; • Exhibit an attitude of respect toward individuals and property, even when others do not; • Behave in a responsible manner, always exercising self -management; • Attend all classes, regularly and on time; • Prepare for each class; take appropriate materials and assignments to class; • Adhere to Westlake Academy and campus standards of grooming and dress; Obey all campus and classroom rules; Respect the rights and privileges of students, teachers, and other Westlake Academy staff and volunteers; Respect the property of others, including Westlake Academy property and facilities; Cooperate with and assist the school staff in maintaining safety, order, and discipline; Comply with all provisions of the Student Handbook and Code of Conduct; Express opinions and ideas in a respectful and courteous manner; Refrain from making profane, insulting, threatening, or inflammatory remarks; Pursue mastery of the Texas Essential Knowledge and Skills of the curriculum as prescribed in Westlake Academy and the state; Establish an effective working relationship with parents, peers, and school pers l; Cooperate with all lawful and reasonable directives issued by school person Follow the rules and regulations established by the teacher and Westlake my as stated in the Student Handbook and Code of Conduct;] / Seek changes in school policies and regulations through approved els``�� erly and responsible manner; Cooperate with school/Westlake Academy staff in investi end all school-rters; Give parent/guardian a copy of all notices, including di notices, promptly;"'"'`'`'`'--ryyyy; Return papers requiring a parent signature promptly Pa required fees and fines in a timely manner, urd are waived. Y q Y � �Y RESPONSIBILITIES OF PARENTS/GUARDIANS • Review the Student Handbook and Co��/� • Submit the signed "Verification of Re • Encourage their child to put a high priory° make the most of the educational opportur�� • Ensure that their child comaktes all homew� • Become familiar special program • Monitor their for study; • Nrtic wife in • • • • child on a daily basis to r"and with tfl"&%" Edemic programs, including child is entering the ninth grade, review the area in the home for their child to use regarding their child's academic §ure their c�RIP mplia�ij ith school attendance requirements and promptly report and 000,��j�i�� explain absences a ' dies toy' riate campus personnel; nsure their child's a " nce at r �d tutorials; ` Est their child in sele appropre attire for school and school -related activities; nicate, in a court and respectful manner, with campus personnel regarding concerns about their educational ess or conduct; Send th , f d to scl ch day on time (except in the case of illness or extenuating circumstane' �' � ;rested, and ready to learn; Ensure their ch /�� „ � munizations are up---to---date according to state requirements and provide the school with docurrY'entation in a timely manner; Maintain up---to---date home, work, and emergency telephone numbers at the school; Be responsible for negligent, willful, or malicious conduct of their child; Be knowledgeable of state, Westlake Academy, and school policies, regulations, and requirements; Supply all records required for enrollment; Exercise their right to request information regarding the professional qualifications of their child's teachers, including whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; whether the teacher has an emergency permit or other provisional status for which state requirements have been waived; and undergraduate and graduate degree majors, graduate certifications, and the field of study of the certification or degree. Parents also have the right to request information about the qualifications of any paraprofessional who may provide services to their child; • Review teaching materials, textbooks, and other teaching aids and instructional materials used in the curriculum and examining tests that have been administered to their child; • Inspect surveys created by a third party before the survey is administered or distributed to their child (See "`Opting Out' of Activities'); • Grant or deny any written request from Westlake Academy to make a videotape or voice recording of their child; (See "Videotaping and Recordings"); • Request that their child be excused from participation in the daily recitation of tl Pledge of Allegiance to the % , United States flag and the Pledge of Allegiance to the Texas flag. The requ � �t be in writing. State law does not allow their child to be excused from participation in the required 1t of silence or silent activity that follows Board Policy XXXX. • Request that their child be excused from recitation of a po eclaration of Independence. '% i , State law requires students in social studies classes in a' ---12 tte a portion of the text of the Declaration of Independence during Celebrate F in Week unles" r ",-he parent/guardian excused, 2 We ��' , Academy provides a written statement requesting that their O y determines that their child has a conscientious on to the recitation or parents/guardians are a representative of a f government whom the Un�es government extends diplomatic immunity. Boo'°�i ��I /olicy • Become a school volunteer. Board Policy XXXX. % DISCIPLINARY PROCEDURES FOR Disciplinary actions regarding statutes, rules, and regulations education services may note list until an ARD commit] l considered when detei(a will consider whether th& Board Policies XXXX state and federal lent who is receiving special ying, harassment, or making a hit conduct. In addition to the general guidelines range of placement such as suspension, administrators LEVEL I DISCIPLINARY CHART - PRIMARY YEARS PROGRAMME Westlake Academy discipline guidelines are predominantly based on the IB Learner Profile traits. The Learner Profile helps us develop responsible, respectful, life-long learners who can possess the necessary skills to be successful in life choices. The Learner Profiles are used for guidance and restorative purposes. That is, all students are guided through practice that prevent misbehaviors, as well as support good decisions and choices. The IB Learner Profiles help create a supportive and positive culture. As such, we expect all members of the Westlake Academy to value, demonstrate, and appreciate the IB Learner Profiles attributes. The PYP Learner Expectations and Behaviors illustrate being caring, knowledgeable, and ,�led in our behaviors. Our emphasis is on the power of student self -reflection in identifying the attributes they st ith and need support in developing. ani sofa I'u'mN ii a°au I'u'm iiu I'u'min°°a«^auu 0 Waiting quietly without 0 IAacring aril quietly. � ��%J-Sr� zlus� ;lt �,chool before % 7 i ant m ml } 7aaslnrAng At the front lana@rang 0 lolloaari7 �taornn agreeirients and 0 ��/Jf �! �rrc�rzrca9ka�rclt una9czgcri:c� re;A ]Help o �p'With I�AterAng the b uildings after '7:30 0 con nnorning ae�or c@ iti � "7 0 Plaj��rk 4ronn horrnc in trays and baacke ' ann without manning. actn ,� 5.5ani. cacher. � ` ,,d Ang quietly amd in am 0 Using Am Aa6e�t��n� � `N AlkAnn aaara 4sl is oka but do not quickly y, orderly trtaAnln C,A Keeping lizinds, feet:, anal other o'bj cn is to yourself. � 11, lying 4}&tact o / G lAn tear"PIl. � � � Acit:Arng perrnnAss;AoWa IeavAr A"C 11n 1 ollow males without: adnnit remithlers. Not a r loin: o Af" y t see t.ras;h or ,oxrneome nobeAcng: kind to others m m• l xe L' chats, /!!!! agre g ie t ;rararA' , ay / , vg rt } � � " ! � ronf i,lne po.dS h sd of 0 V�;onipl titian. 0 Connpleirlag lclrt rl;re6d or YA'Q'rrf4 to your • Keeping 1 lei; aanc@ ot , 1 / @school properly, be i Abrrl.riy arhl on tiaw. object"s elf. In nn u.enal chassrooni 0 Beinr self-nnotit aced. • Wal <lll ]alike S. rc `,aD nt an4f cal nVrpnkemt. Beingt .pelf,' 4frl enlle4f problesrk. Sirlg'er. • ltccc}� " U e corn scaanicmces; � hoYa"A ferstanafrmg; anaf open- � laermu respec"nil. of yonir r aAnaf acts nArinafea1A 0 Being honest, if yawn has e nazi: atone the �n r tiro.t €air i.e;aeher�, arn4f rAglni, i.lnAlug. J' asS snae r ( 0 Giving others prat Acy and not: 0 Getting pernn ssion to leave class. to Asln �� `Valk at' Na lnAm =liana re pl lying in b itanroomr;. 1J,Ang inside voices. V ake turn`, at the sank_. 0 Return to cl A Promptly. 0 1[elfr keep re,trooms clean. QV Walkim, 'at 'all titrre �/1111g rang a a.} stet t ic' ��"' 0 Using good table nAanners. 0 Not Putting your hand on others, 0 (.netting all utensils, nArlk etc., when you first go through the line. MS. Al foo&Itr Ay s 1 0 9mclmling others at your table and 0 Not sharing food. � C � � aap /„n asrrself. coAnver ai.roAn s acro s s sine@ be sra@e yoaa. im m m iiiiiiiiii��i 0 K..ecpAng; nsuh1s,, feet, a'nd 0 Being respectful of each other. 0 Placing all. litter "trash An garbage cans' other oblecfsa to yoaar"sdelf. lfcrng mnAma:6fial of others, per`so'mal 0 Placing r"ec,y4;lrmg items in the 0 Sharing equip'nnent:. space. recycling bin. 0 Not 'hitting, Pulling or kicking other's 0 Placing all. equipnnent in the appropriate ball cart: or" bins. QV 0 Listening for you CurbSnAart 0 Waiting for teacher to disnnrsss y7ou 0 Getting all n aterials before leaf ing nuiribrer and walk quietly and fronn your cla„roonn. the clas roonn. quickly to pack -asp area. 0 Walking straight to dish i s sal/pack up 0 Watching for your car. 0 Looking for your Vehicle anal area. pays 'attention to your manic. 0 Listen for your manic if you do not see your car I ollowirog dir"n tiorn�a (seat:ed 0 Snppotgrog .Yoras peers r -�ithn 0 1 ollowirog all school rules (Studernt:orn'bu , lisst:ern tar toac'hnerss(. appropriate larngwnage "Ind Code of C;ornr6ract:(.. E 0 Beirog xesspect.fnl with all. ifaeractiornss. people yore rnaeet: or erncouffler. 0 Reprerseiairog westlaine Acan6emy nsirng the Learner Profile Attribrnt:ess. Level L• Teacher Directed Many behaviors can be successfully managed by the classroom teacher. There should be i mediate and consistent intervention of any behavior that impedes orderly classroom procedures or interferes w orderly operation of the school. More than one disciplinary option may be assigned. Procedures: 1. Intervention should occur by the teacher who is supervising the s misbehavior. 2. A record of offenses and disciplinary actions shall be ma Principal. 3. The teacher may want to discuss the misbehavior parent/ Principal, and/or support personnel. 4. In the case of informal classroom removal (office //fie to Assistant Principal who will respond b employing approta�' io,, // 1, before returning the student to the cl If the student's Principal will employ alternative disement technx interventions. 5. Level I offenses and disciplinary options/ a��1 t limite/ 6. Repeated violations shal - gi a more se espo 11"11 or who es the by the teacher and t,�/ stant /i ;uardLa administrator, As t ill refer the student to the line management techniques or does not improve, the Assistant ' eluding progressive discipline rov ideUllll(1lN,,,,,, .,1 to Level II. %j ff / % i �i/ / / iiii� . 1 / i j i /ME MENj / Jamt / aicessive noise. obst&, or otherwise j j� other supervised 4 � = W= iii/ = AW BEIMINMEMMEWINA11's or assigned work to class i�aMi*1MOOMMMOW Failing to participate in class� activities or fulfill assignments iCMi*1=iOO=0Q=OW Eating, drinking, or chewing gum in an undesignated area iCMi*1=W=W=OW Throwing ob�jects or passing unauthorized notes 0 = W 0 0Q 0 OW Talking back/arguing or name calling iCMi*1=iOO=0Q=OW Horse playing/scuffling (not fighting) iCMi*1=W=W=OW Possessing and/or using nuisance items iCMW=W=W=OW Violating campus cell phone procedures 0 Disrupting the orderly classroom process Spitting (without bodily contact) Telling a falsehood Bullying and/or engaging in harassment toward another student, We tlake s Academy employee, official, or volunteer, including actions motivated by race, color, religion, sex, gender, sexual orientation, national origin, disability, or age LEVEL II DISCIPLINARY CHART - PRIMARY YEARS PROGRAMME Level IL• Administrator Directed Some infractions will result in a referral to the Assistant Principal or other appropriate administrator. The disciplinary action(s) will depend on the offense, previous disciplinary actions, and the seriousness of the misbehavior. More than one disciplinary option may be assigned. RESTRICTION ON USE OF OUT -OF -SCHOOL SUSPENSION WITH STUDENTS GRADE 2 AND BELOW: A student who is in second grade or below shall not receive an out -of -school suspension ss, while on school , property or at aschool-sponsored or school -related activity on or off school property, Qent engages in (1) conduct that contains the elements of an offense related to weapons; (2) conduct th ins the elements of assault, sexual assault, aggravated assault, or aggravated sexual assault; (3) or the stude "' in selling, giving, or deliveringto another person, or possessing, using, or being under the influe �a " or a controlled p p g> g> g 0 substance, a dangerous drug, or an alcoholic beverage. 1///, j�hk Exception for Students who are Homeless: Westlake Academy school suspension unless, while on school property or at a sch property, the student engages in (1) conduct that contains th „ en contains the elements of assault, sexual assault, aggravated ass' delivering to another person or possessing using or being under the dangerous drug, or an alcoholic beverage. The A stant Principal m< education liaison to identifyappropriate alterna� ''" t-of-school �. Nl�r�}. Procedures: 1. A written referral will be sent to the Si Princi k6tplace a student who is Vi� ess in out-of- 3ored or school -related actIJ r off school of an offe related to weapons,, onduct that ggravat l assault; or (3) sellf giving, or arijuana or a controlled substance, a 'ate with Westlake Academy's homeless is a1 for a student who is homeless. 2. The Assistant Princi i I° campus adf coYY "�/ " re student and/or teacher to establish approrNdicatingg " „ consequ�� 3. The Assistantwill sen ies of the ` priate discipline notices to the teacher and/or I arent guaf the m avior and a'' ��' (s) taken. 4. The parent ` n is suppos ign and return iscipline notice to the school, if oral contact has not been made.'i'i0��; 5. W Ise guide nsistent wY^each Assistant Principal has the authority to riate /ary consequences ba ed on campus needs. The Assistant Principal will Oe consisten � iniste ' }sciplinary options on the campus. It is important to note that two students comm �� a same'»,' se on the same campus may receive different disciplinary p y p �' consequences base"J� ie overkiplinary records of the students and the circumstances ounding the offenulli,,, 6 ssistant Principal notify the parent/guardian of any conduct violation by their student that results in lion. Before suspended, a student will be given an opportunity to respond. In deciding whethlJ r rder out ool suspension, the Assistant Principal shall take into consideration self--- defense, "tintent at the time the student engaged in the conduct, the student's disciplinary i history, whe �; ,��tudent has a disability that substantially impairs the student's capacity to appreciate the wrongfulnes�of the student's conduct, a student's status in the conservatorship of the Department of Family and Protective Services, or the student's status as a student who is homeless. The number of days of a student's out -of -school suspension shall not exceed three school days. 7. Level II offenses and disciplinary options are not limited to those provided. 8. Repeated violations shall result in a more severe response and/or referral to Level III. IIIIIIIIIIIIIIIIIIIIIIIIIIII ' rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll ' tom'' » >>rrrrrrrrrrrrrrrrrrrrrrrrrz......... r - / - „qg /. IS s Committing persistent offenses from Level I (minor acts of misconduct, including repeated bus infraction Using food inappropriately gip,; IIIIIIIIIIIII■ �%///�0 ■Using , inappropriate language (oral or written) or gestures Failing to comply with the directives of a member of the school staff, being disrespectful or insubordinate Being truant, including skipping class and/or leaving !M=T� school/class without permission in U U// MIND Being tardy repeatedly °IIIIIIIIIW ''%// =14IKE ........ '■ / another student d 0 0 Violating dress and grooming standards s ,u q Creating or participating in a disturbance, including discharging a fire extinguisher Failing to serve detention Possessing lighters or matches°IIIIIIIIIll MI/ /0 0% Possessing a laser pointer for other than an approved use 12 MEW M/ =,I/ M .:::: i a all 0 s; defa 1 d oes with wheels, ideo or other ssion Being present in area �31 ® d Academic dishonesty incl ing or copying the work of another Engaging in a public display of affection „p%0%/////%%■ 0%O Loitering on school campus before or after school Selling or soliciting for sale unauthorized merchandise Posting or distributing unauthorized publication NOTES: School officials shall notify a local law enforcement authority if they suspect that criminal acts have occurred on school or Westlake Academy property or at a school -sponsored or school -related event. These individuals also have the authority to involve law enforcement in any discipline or campus situation where it is deemed necessary. LEVEL III DISCIPLINARY CHARTP - PRIMARY YEARS PROGRAMME Level III: Administrator Directed "Serious" offenses are defined as, but not limited to, those listed below. "Persistent" offenses shall be defined as two or more violations of the code in general, or repeated occurrences of the same violation. More than one disciplinary option may be assigned. RESTRICTION ON USE OF OUT -OF -SCHOOL SUSPENSION WITH STUDENTS GRADE 2 AND BELOW: A student who is in second grade or below shall not receive an out -of -school suspension ss, while on school property or at a school -sponsored or school -related activity on or off school property,�ent engages in (1) conduct that contains the elements of an offense related to weapons; (2) conduct tt "` ins the elements of assault, sexual assault, aggravated assault, or aggravated sexual assault; (3) or the stude in selling, giving, or , delivering to another person, or possessing, using, or being under the influe ,' ar o or a controlled w"��%%%i,,,. substance, a dangerous drug, or an alcoholic beverage. Exception for Students who are Homeless: Westlake Academy "'' dtplace a student who isMvlsl ess in out -of - school suspension unless, while on school property or at a sch cored or school -related actr off school i- property, the student engages in (1) conduct that contains th / ants of an offe elated to weapons�� nduct that contains the elements of assault, sexual assault, aggravated � t or aaEa �§exual assault; or (3) /ling, giving, or delivering to another person or possessing using or bei t ence of marijuana or a controlled �i substance, a dangerous drug, or an alcoholic bev� e. The Assistant , "may coordinate with the school Westlake Academy's homeless education liaiso��11J /1 appropriate a eves to out -of -school suspension for a student who is homeless. '�/%%%%i�,. "I'll'S Procedures: 1. The appropriate cam ��"P trator will i ��" iga lPnfra d� if necessary, confer with the teacher. 2. The Assistant al will deter the appr� e disciplinary action(s), and oral or written notice will be pro J the student an parent gua l' 3. The parent/g' I' is suppose nand return ° ritten discipline notice to the school, if oral contact has not br de.�� /%/ii l�) �� 4. W guidel�� 7sLstent wrt each Assistant Principal has the authority to ate disc ry consequences based on campus needs. The Assistant Principal will be f� ooiil%o asistent in a - " tering ,iii linary options on the campus. It is important to note that two students committing the sa`°� � � ens e � � ��Same campus may receive different disciplinary consequences based the overall discip record u students and the circumstances surrounding the offenses. 5 Assistant Principal,notify th- parent/guardian of any conduct violation by their student that results ension. Before b uspended, a student will be given an opportunity to fI i deciding wI to order out -of -school suspension, the Assistant Principal shall take into resp ii�//,j' consid,,, - self--- intent or lack of intent at the time the student engaged in the conduct, the student'sory, whether the student has a disability that substantially impairs the student's capacity to ap ,a ��„e the wrongfulness of the student's conduct, a student's status in the conservatorship of the Departmento"family and Protective Services, or the student's status as a student who is homeless. The number of days of a student's out- of- school suspension shall not exceed three school days. 6. Level III offenses and disciplinary options are not limited to those provided. 7. Repeated violations shall result in a more severe response. EMMM o Mal If IM AM Committing persistent offenses from Level 11, including bus infractions A MA o��o��o�o Engaging in conduct that disrupts the school environment or educational process, including while in a DAEP %0 ............Using 0 profane, vulgar, obscene, or threatening language, including hit lists (written or verbal), or obscene gestures Bullying and/or engaging in harassment toward another student, Westlake Academy employee, official, or volunteer, including actions motivated by race, color, religion, sex, gender, sexual orientation, national origin, disability, or age AJOI 31 1 301 WON Fighting; encouraging or promoting fighting 0� 04 0'/ 0/0 Using lighters or matches 0�0 ......... ........... �o%ono �o�o spray or se ally--- xu N Westla ke MMMWWc '�Ilil Illii'I'I! weap 'ding knives sam S with'�lVM movable or expellable s on a non-prescription drug, tempting to sell what is cc Attempting to sell or purchase, �Nlthout being in possession of, a prohibited substance through oral or written communication �0 Eli 0�0 0 Stealing or unauthorized possession of another person's property; // committing burglary �0 0 0/Forging 0�0/ Exhibiting, possessing, delivering, using, or selling look --- alike weapons or altering school records, parent notes, forms, or other school/home communications U/ Assaulting another student or adult that does not constitute a mandatory removable or expellable offense oro�o� ono Vandalism, including defacement of or damage to school property, and graffiti not constituting a mandatory removable or expellable offense; mill IN inappropriate use of property that has the potential to cause damage or I injury il Failing to disclose information, hiding/covering up (for self or others) information/evidence, or lying as a witness during a school investigation NIe UA//i/e�e74e Engaging in behavior that is illegal that does not constitute a mandatory removable or expellable offense go/ 0�0 Engaging in sexual conduct Engaging in sexual harassment (verbal, written, or by gesture), including stalking Mooning, streaking, or other forms of nudity; exposing one's 117, undergarments or those of another Hazing, harassing, or stalking (non --- sexual) Creating a situation that may constitute a potential health hazard or result in possible iqjury (bodily fluids, pulling chair out from someone, can' taking more than the recommended dosage of a medicine, etc.) poi o�o�o-o Hacking /breach of computer security (illegal or unauthorized entry or attempted entry into computer files) ......... ere�a�e--ar Interfering with school activities, including trespassing, boycotting, and group demonstrations, and falsifying a "safety net" report WEAK U/ 0/11 ?14/111 o "misk o-ono gang --- related activity Committing extortion, coercion, or blackmail homeopathic -like substance, or dietary s� NOTES: School officials shdnot' 01 lawAcademy property or at a scored or scl discipline or campus situatiWit is deemed If a student is charged with a fell automatically disciplined at Level the author, -#Cect that criminal acts have occurred on school or Westlake event. Th .viduals also have the authority to involve law enforcement in any event f(* of the offenses listed at Level III, the student is misconduct at Level III may result in expulsion to as � uz R � U r C bU bU � ro � T a m .. .� r / 100®rri-l", ° as V ro ro -g �i a ro m as ;f � CJ ro aui ao uz a C CA 14 14 Cd Cd 2-5 12 r5 u 12 D CZ W) DO 15 tl o 12 -1.2 vj WS cud 12 5w At ram, so O rpr C, rn Fill RE, 1 Af cd X 113 ai 10 Z en W) ji E D cz O � uo 2 14 („l O cz U c U � � DO H cio ct � O .. r..,a CZ O cz 0 U Y t 4) CZ � O � O o O C3 y 4r 0 � n 00 d � ci � Oy O -i N m-i -i -i LEVEL II DISCIPLINARY CHART - HIGH SCHOOL Level IL• Administrator Directed wCIO con 'd w m o oa n °o m OQ ®rl-/ con Committing persistent offenses from Level I (minor acts of misconduct) • • • Using food inappropriately • • Using inappropriate language (oral or written) or gestures • AAA.• • • • Being truant, including y skipping class and/or leaving �� • »�� • • • school/class without permission HIM Physically contacting another stud �a disruptive WE/ • • • environment Allowing unknown individ ,campus or g without • • • • following school proto Creating or participatinturbance, in • • • • discharging a fire / Failing to se ention • • • Abusi "Mill• • • • Po ighters or • • • • mg a laser pointer 010 than aed use • • • • • g and/or engaging in ha ' nt owar i er stdestlake Academy empl fficial o W teer, • • • • • • i mclu ons motivated by race, r, religion, sex, gender, s' ��lqrientation, national o disability, or age Possessing a prescription (s s own medication), or possessing, ng, or usi prescription drug, • • • • natural and/or homy ��,, 'c-li �nce, or dietary supplement Possessing a look -alike w w• • • Violating the acceptable use policy for technology • • • • Telling a falsehood • • • Defacing or damaging library or classroom materials or textbooks, including removal of bar codes; defacing or damaging another person's property Using a skateboard, scooter, roller blades, shoes with wheels, or other similar devices on school property • • • Possessing or using a camera, phone, radio, video, or other unauthorized electronic device without permission Being present in area without authorization M 0 0 0 0 Engaging in a public display of affection °' • • • • • °' • Loitering on school campus before or after school; leaving • • • • • class without permission or leaving class for an extended period of time Selling or soliciting for sale unauthorized merchandise • • • • • • Posting or distributing unauthorized publication ml • 11111111111 • • • • • Violating parking rules/procedures P11• • • • • • Some infractions will result in a referral to the Assistant Principal or other appropriate adm istrator. The disciplinary action(s) will depend on the offense, previous disciplinary actions, and th� of the misbehavior. More than one disciplinary option may be assigned. Exception for Students who are Homeless: Westlake Academy may not pla wdMo is homeless in out -of - school suspension unless, while on school property or at a school -sponsored 7llum l-` ivity on or off school property, the student engages in (1) conduct that contains the elements ffense related t /��' ons; (2) conduct that contains the elements of assault, sexual assault, aggravated assault o ated sexual assault; , elling, giving, or delivering to another person or possessing using or being under t"ence of marijuana or a cont ubstance, a dangerous drug, or an alcoholic beverage. The Assistant Print y coordinate wth the school Wes /ll cademy's homeless education liaison to identify appropriate alternatives t ;' qf-schools �on for a student wl'�fGliomeless. Procedures: 1. A written referral will be sent to the 2. The Assistant Principal or the other establish appropriate disciplinary cc 3. The Assistant Principal or the other notices to the teacher and6a rmarent/ NOTES: School'61 Academy property any discipline or a administrator. the student and/or teacher to appropriate discipline n(s) taken. �mpus adm 'tor will notify the parent/guardian of any conduct suspension.// �'ore being suspended, a student will be given an ether to orde»�. of -school suspension, the Assistant Principal shall take of inte �� the time the student engaged in the conduct, the /� disability that substantially impairs the student's ass of the conduct, a student's status in the conservatorship of the Services, or the student's status as a student who is homeless. The number suspension shall not exceed three school days. W. s are not limited to those provided. severe response and/or referral to Level III. enforcement authority if they suspect that criminal acts have occurred on school or Westlake hool-related event. These individuals also have the authority to involve law enforcement in med necessary. Sponsors and coaches of extfX 'r'+"" dctivities, such as interscholastic athletics and marching band, may develop and enforce standards of v behavior that are higher than th&Uestlake Academy's Student Handbook and Code of Conduct and may condition membership or participation in the activity on ad h rence to those standards. The sponsors and coaches will develop those standards in conjunction with Westlake Academy's Extracurricular Activities Student Handbook to help ensure consistency in standards and enforcement across all activities. LEVEL III DISCIPLINARY CHART HIGH SCHOOL Level III: Administrator Directed "Serious" offenses are defined as, but not limited to, those listed below. "Persistent" offenses shall be defined as two or more violations of the code in general or repeated occurrences of the same violation. More than one disciplinary option may be assigned. Exception for Students who are Homeless: Westlake Academy may not place a student who is homeless in out -of - school suspension unless, while on school property or at a school -sponsored or school -re activity on or off school property, the student engages in (1) conduct that contains the elements of an offense r �1Dto weapons; (2) conduct that contains the elements of assault, sexual assault, aggravated assault or aggrava al assault; or (3) selling, giving, or delivering to another person or possessing using or being under the i Imarijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. The Assistant Princi cod '' - e with the school i Westlake Academy's homeless education liaison to identify appropriate eves to on y ' iool suspension for a student who is homeless. Procedures:] 1. The appropriate campus administrator will investi " I e mfraction(s ' ^ if necessary, on OW the teacher. 2. The Assistant Principal will determine the appropriate bn ) and oral or written notice will be provided to the student and th nt/ guardian. 3. The parent/guardian is supposed to sit �! the written e notice to the school, if oral contact has not been made. N) !hl 4. Within these guidelines and consistent w' ala r sistant � I has the authority to establish appropriate disciplinary consequ based eds, may be different than rl�n� % �j disciplinary consequ n � fished for of r�' m� � �i'!G��ademy. The Assistant Principal will be consistent mis isciplinar) on the campu! st is important to note that two , students tom re same of //on the sa �� mpus may receive different disciplinary consequent ed on the overaI , ' ciplinary re of the students and the circumstances surrounding the offenses. ',a 5. The Assistant Pri &1 wily "/ """ dial/"" many conduct violation by their student that results in ided, astu G given an opportunity to respond. In deciding whether to the Assistant Principal shall take into consideration self ---defense, intent or nt engaged in the conduct, the student's disciplinary history, whether the ��0 ally impairs the student's capacity to appreciate the wrongfulness of the at �ie conservatorship of the Department of Family and Protective as a student who is homeless. The number of days of a student's out- of- �ed three school days. xy options are not limited to those provided. z more severe response. •� � � w � � co rn �. w �" .� 7J � p R_ O O Committing persistent offenses from Level II, including bus infractions • • • • • Engaging in conduct that disrupts the school environment or educational process w4/111111,• • • Using profane, vulgar, obscene, or threatening language, (written or verbal), or obscene gestures • • Intentionally or knowingly making libelous or slanderous remarks (oral or written) about students, employees, or • • • others Bullying and/or engaging in harassment toward another student, Westlake Academy employee, official, or volunteer, including actions motivated by race, color, • • I • • • religion, sex, gender, sexual orientation, national origin, disability, or age Using slurs (oral or written), based on race, color, religion, sex, gender, sexual orientation, national origin, disability, or age, committing inappropriate acts that are directed toward a �� • specific person or group based on the above `40��'OjP,i "'�� jj��jpp� making derogatory statements that schoo �� reasonably believe could substanti� he school environment or incite violence Fighting; encouraging or promoting • • • Using lighters or matches • • • Possessing or using onic ciga dig' ' ai electronic or "� ectronic'e �%' • • • • delivery syste er for other than an d use Using a lg(fffil • • • • Possessing,„ kin,stink �/ug,orusingfireworks bombs,ombs"poppers," other �us chemicals (inclu ' er--- spray or mace --materials), "shoc or d other similar de - Possessing ammunition,""'ng paintballs 7 • • • • • Possessing, distributing, or c (�' orno r sexually- -- oriented material and/or acce§ '' �- via Westlake Academy's computer sys�� • • • • • Selling, giving, or delivering to anothe` ,r� erson a nonprescription drug, or possessing, transmitting, selling, • or attempting to sell what is represented to be a prohibited substance Attempting to sell or purchase, without being in possession of, a prohibited substance through oral or written communication • Possessing, distributing, and/or concealing a weapon, including knives that are not illegal (e.g., pocket knives, knives with blades shorter than five and one-half inches), • • • • • BB guns, paintball guns, pellet guns, slingshots, etc., not included as a mandatory removable or expellable offense Possessing drug paraphernalia ui • • • • Stealing or unauthorized possession of another person's property; committing burglary • • • • Exhibiting, possessing, delivering, using, or selling look ---alike weapons • • • • Forging or altering school records, parent notes, forms, or other school/home communications I • • • • oCon rn o w a w g 0 0 Assaulting another student or adult that does not constitute a mandatory removable or expellable offense • • Vandalism, including defacement of or damage to school property, and graffiti not constituting a mandatory removable or expellable offense; inappropriate use of property that has the • • • • potential to cause damage or injury Failing to disclose information, hiding/covering up (for self or others) information/evidence, or lying as a witness during a • • • school investigation Engaging in behavior that is illegal that does not constitute a mandatory removable or expellable offense Engaging in sexual conduct Q • • • Engaging in sexual harassment (oral, wr y ges including stalking • • • • Mooning, streaking, other forms exposing one's undergarments or those of another Hazing, harassing or stalking (non --- s2w • • • Creating a situation that ma constitute a1 1� �1 hazard or result in ' ' odily fluff � �� chair �" • • • • • • out from someo o jecomm osage of a medicine Gamblin • • • • • Hacking /bra �� 1�� computer security (illeg • • • • • unauthorized e `Y ttempted entry into co files) Interfering with sc ,, " ivities, including tres g, ' �i,, boycotting, and group strations, and falsi as "safety • • • • • • net" report Participating in an unauthori ' society, or �nizatio gang; gang -related activity • • • Committing extortion, coercion, or • • • • • Possessing a current prescription (studeWown medication), or possessing, distributing, or using a nonprescription drug, • • • natural and/or homeopathic ---like substance, or dietary supplement NOTES: School officials shall notify a local law enforcement authority if they suspect that criminal acts have occurred on school or Westlake Academy property or at a school--- sponsored or school -related event. These individuals also have the authority to involve law enforcement in any discipline or campus situation where it is deemed necessary. If a student is charged with a felony on campus or at a school -related event for any of the offenses listed at Level III, the student is automatically disciplined at Level IV or V, as appropriate. Sponsors and coaches of extracurricular activities, such as interscholastic athletics and marching band, may develop and enforce standards of behavior that are higher than those in Westlake Academy's Student Handbook and Code of Conduct and may condition membership or participation in the activity on adherence to those standards. The sponsors and coaches will develop those standards in conjunction with Westlake Academy's Extracurricular Activities Student Handbook to help ensure consistency in standards and enforcement across all activities. Depending on the circumstances, persistent misconduct at Level III may result in expulsion to the student's home school district. LEVEL IV and V DISCIPLINARY CHART --ALL GRADE LEVELS Level IV or V offenses are primarily acts of misconduct resulting in expulsion to the student's home school district. The principal or the principal's designee may also order the immediate expulsion of a student if the principal or the principal's designee reasonably believes that the action is necessary to protect persons or property from imminent harm. Westlake Academy will provide any required notices per state law to a student's parents/guardians regarding emergency placement. CONFERENCE OR HEARING RIGHTS When an emergency expulsion occurs, the student will be given oral notice of the real �lie action. The reason must be a reason for which expulsion may be made on a non -emergency basis. Wi asonable amount of time after the emergency expulsion but not later than the 10"day after the expulsion, � nt will be given appropriate hearing rights required for a student facing expulsion. The principal or prince f esi hall not be liable for civil damages for an emergency expulsion. If an emergency expulsion involve a ° ��ent with ities who receives special education services, the term of the student's emergency ex ul '°` p g y p subject to the ret�'� oients of appropriate i federal law. The student who is removed under an emergency exp ill be released to the s parent, guardian, parent's representative, medical providers, or law en' nt authorities. The conditionU� emergency expulsion may restrict the student's extracurricular activities, ing to the Studgy and Conduct. DETENTIONS f �� For infractions of the Student Handbook and Cod o Conduct, other pgulations, or individual classroom rules, oi , students may be assigned a campus detention b j � l mg, or after sch � f tore assigning a student to a campus %l/i detention, the student shall be informed of the c J �� ' edly consti e violation, and the student shall be given an opportunity to explain his/her version of ci�� e to serve f�;;,�' us detention will result in a more r serious consequence. �"8� NOTICE TO PARENTS When a student is assign tion, a co the discip `tice shall be given to the student to inform his/her parents of the reason for the dete a parent nee�change the or time of an assigned detention this may be easily p 4 g � g y y accomplished by callin y�chool, emaili corresponds incipal or sending a signed note prior to the scheduled detention. CONFERE , A stude� camp noon may be given an informal conference with the teacher, principal, or appr wddministrato ing thi lit of the conduct with which the student is charged and giving the student the o f 11 try to explain his o version ;incident. RESTRII ONS/PROHIBITI A student"' ' d to a campus de, on is prohibited from attending or participating in school -sponsored or school - related activiti%rV/g,, off school �rty during the day of the detention. Penalties may be imposed by sponsors of extracurricular grgar�'�i accordance with established guidelines. COMPLAINT iiiiiii» Once a disciplinary conseq�{estince is assigned, the student is expected to serve the consequence to avoid additional penalties. While there is no disciplinary appeal for a campus detention, parental questions or complaints regarding issues that were ancillary to the consequence should be addressed informally with the teacher, Assistant Principal, Assistant Principal, or campus principal, as appropriate. For example, a complaint might allege that proper procedures were not followed. If these conferences are not satisfactory, parents may follow the formal complaint process in accordance with Board Policy XXXX. This process may not be used to overturn a disciplinary assignment. STUDENTS WITH DISABILITIES Before a student who has been identified as having a disability under Section 504 or IDEA can be removed to the Disciplinary Alternative Education Program (DAEP), or expelled, or approaching 10 cumulative days of removal, an Admission/Review/Dismissal (ARD) or 504 committee must conduct a manifestation determination review (MDR) meeting. School personnel must consider any unique circumstances on a case -by -case basis when determining whether a change in placement is appropriate for the child with a disability who violates a code of student conduct. The local education agency (LEA) that decides to change the placement of the child with a disability because of a violation of a code of student conduct must comply with the JVIANI, 1 S I .A1 C 4 9 N I )l I 1 R1VII A I C( )N.. framework when the removal is for more than 10 consecutive school days, or the child has been subjected to a series of removals that constitute a pattern ROUTINE REFERRAL A routine referral occurs when a teacher sends a student to the Assistant Principal's office or appropriate designee's office as a discipline management technique. The Assistant Principal or appropriate designee shall employ alternative discipline management techniques, including progressive interventions. A teacher or adm strator may remove a student from class for a behavior that violates this Code to maintain effective discipline`' classroom. REMOVAL BY BUS DRIVER The driver of a school bus transporting students to or from a school student to the Assistant Principal or principal's office to maintain eft student engages in behavior that violates the Student Handbook an principal shall respond by employing appropriate discipline ma Handbook and Code of Conduct which may include tempor s transportation privileges. Board Policy XXXX. IN -SCHOOL SUSPENSION In -school suspension (ISS) is an in-house disci 6 appropriate. Students may be placed in ISS for ai ISS is provided in an on campus classroom settir classroom teachers provide daily coursework for Additionally, during the student'§,,pff ,pp ,,of cusp of receiving all course work of the suspension. One op Principal, principal, or ISS. A good faith effo j student's parent guardian informal conference with th4 which IN ,e�/ ed SPENS� A s assigned to ISS is pi' on or IN, property except" PSAT/SA testing and Col sponsored or'��"'�� J-related activ studentreceives Hal assig following the comp' f extracurricular croups pr ° r school- 'iscipline on the of Conduct. The Ass techniques consistent activity may send a G bus, or when a 11 UPrincival or or pey anently revoking be assigned for infractions as ?ent Handbook and Code of Conduct. RAM-sroom. The student's regular W)! non-social setting. e student with an alternative means that the student misses as a result not require the use of the Internet. The Assistant 's parent/guardian when a student has been assigned to ken to provide to the student for delivery to the ton. A student who is assigned ISS will be given an uministrator advising the student of the conduct with ity to explain his or her version of the incident. troiY("uding or participating in school -sponsored or school -related activities rat peWsion for educational -type events only (i.e. ight). The student will be allowed to attend and/or participate in school acluding practice, on the day following the last day of the assignment. If the while serving an ISS placement, this prohibition is extended until the day hive assignments. Additional penalties may be imposed by sponsors of in accordance with established guidelines. IN -SCHOOL SUSPENSION TRANSFERS Westlake Academy will require a student enrolling in Westlake Academy to complete an ISS assignment ordered by the previous school upon receipt of the written notice. OUT -OF -SCHOOL SUSPENSION Except as provided below, an elementary or secondary student may be assigned out -of -school suspension for up to three (3) school days, with no limit on the number of times a student may be suspended in a semester or school year. Students may be assigned to out -of -school suspension for any misconduct set forth in the Student Handbook and Code of Conduct. A student who is assigned an out -of -school suspension will first be given an informal conference with the Assistant Principal or other campus administrator advising the student of the conduct with which the student is charged and giving the student the opportunity to explain his or her version of the incident. In deciding whether to order out -of -school suspension, the Assistant Principal shall take into consideration self ---defense, intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history, whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, a student's status in the conservatorship of the Department of Family and Protective Services, or a student's status as student who is homeless. The student's absence during an out -of -school suspension shall be considered to be an excused absence. During the student's period of suspension, the campus will provide the student with an alternative means of receiving all course work provided in the student's foundation curriculum classes that the student misses as a result of the suspension. One option for receiving the course work will not require the use of the Internet. The student shall be r sponsible for all assignments missed during the period of suspension. If the student satisfactorily completes assign r the period of the out -of - school suspension within a reasonable time determined by Westlake Academy, no enalty will be imposed. It is the responsibility of the parent to provide adequate supervision of the stud e g the period of out -of -school suspension. All bus privileges are revoked during the out -of -school suspensio A,ii Exception for Students Grade 2 and Below: A student who is in sec ade or below srt'treceive an out -of - school suspension unless, while on school property or at a school-s �� or school -related a �' on or off school property, the student engages in (1) conduct that contains the el of an offense related to weat//,, (2) conduct that contains the elements of assault, sexual assault, aggravated a r aggravated sexual assault; or (' ,giving, or deliveringto another person or possessing using or being un nfluence of ��O°` p p g g g �� Cana or a controlle ,?stance, a dangerous drug, or an alcoholic beverage. ��///��, Exception for Students who are Homeless: A Westlake Acadet�� ", y not place a student who is homeless in out -of -school suspension unless, while on schoo` � at a school s �I d or school -related activityon or off schoolproperty,P e student engages in 1 condu�/ i�„ e elem n is ffense related to weapons; 2 O � p O conduct that contains the elements of assault, sexua ; �`' ult, a � ssault o�0 vated sexual assault; or 3 selling, giving, or delivering to controlled substance, a danger(, Westlake Academy's I er the tluence of marijuana or a As icipal may coordinate with the school Le alternatives to out -of -school suspension for a f/jjj�'erson or in writing on the day a student is placed the nature of the offense and the length of the out- �chool stiff' lion is prohibited from attending or participating in school r n or off school property except by special permission for educational -type ig and College Night). The student will be allowed to return to the campus hool-sponsored or school -related activities, including practice, on the day hool suspension. Additional penalties may be imposed by sponsors of in accordance with established guidelines. OUT -OF -SCHOOL SUSPENSION TRANSFERS Westlake Academy will require a student enrolling in Westlake Academy to complete an out -of -school suspension ordered by the previous school upon receipt of the written notice. A student shall be expelled from Westlake Academy if the student commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school - sponsored or school -related activity on or off school property: 1. Engages in conduct punishable as a felony; 2 3 4 5 6 7 8 9 10 11 12 13 14 Engages in conduct that contains the elements of the offense of assault under Section 22.01(a)(]), Penal Code; Sells, gives, delivers to another person or possesses, uses, or is under the influence of: marijuana; a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 USC Section 801 et seq.; a dangerous drug, as defined by Chapter 483, Health and Safety Code.; or an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code, in any amount not punishable as a felony. (Note: A student with a valid prescription for low --- THC cannabis as authorized by Chapter 487 of the Texas Health and Safety Code does not violate this provision); Commits a serious act or offense while under the influence of alcohol, if the conduct is not punishable as a felony; Engages in conduct that contains the elements of an offense relating to an ab �olatile chemical under Sections 485.031 through 485.033, Texas Health and Safe e; Engages in conduct that contains the elements of the offense of public under Section 21.07, Penal Code, or indecent exposure under Section 21.08 Texa Engages in conduct that contains the elements of the offense of ha " ent and"' ion 42.07(a)(1), (2), (3), or (7), Penal Code, against an employee of the school W 11 cademy.�� Sells, gives, delivers, possesses, uses or is under the influ 'designer drugs, synt� arijuana, synthetic cannabinoids (such as K2 or spice) stimulan as bath salts), or analogs o g in any i / form, regardless of whether currently scheduled or / ed as an illegal rug under state ox° 1 law and regardless of whether the substance is legally sod''- arketed as,' l incense," potpouri" / �ath salts" or "not for human consumption."i'�� Possesses a deadly weapon (A firearm or anything manifes made or adopted for purpose of inflicting death or serious bodily inju thing that in the it of its use or intended use is capable of causing death or serious bodily injut� Possesses, other than on his or her persouse�� n-restricte11J,� %o Possesses, other than on his or her person, °' es a fir � ub as d „�y state law. Engages in expellable co if the student twee ' a o age; or i Engages in a federal �� e if the stu a of a o ,�unger. �IIVn, A student in pos of any ' e not inch s a removable or expellable offense by statute that is designed to projectile eit Iy a spring e mechanism, air, or gas shall also be expelled from Westlake Ac ` This include t is not limiteitems such as BB--- guns, pellet guns, paintball guns, slingshots, etc. A studen inatt atasi he stude efined as 2. urt 01 �N®R iCode, for cot occurring off campus and while the student is not 03, Texas Family Code for conduct aggravated robbery; ent conduct under Section 54.03, Texas ,'fined as a felony offense in Title 5, Penal Code or aggravated robbery; 3. The Su ndent or perintendent's designee has a reasonable belief that the student has engaged in conduct e Ioffense under Title 5, Texas Penal Code or aggravated robbery. A student shall be expelled``*6m Westlake Academy if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus: 1. Conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07 Penal Code; 2. Retaliation against any school employee or official; 3. Criminal mischief if the damage is less than $2,500 but equal to or greater than $50; or 4. Is a registered sex offender under court supervision, probation, community supervision or parole A student may be expelled from Westlake Academy if the student is found to have engaged in the offense of aggravated robbery under Section 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school -sponsored or school related activity on or off of school property. A student may be expelled from Westlake Academy if the student is found to have engaged in conduct described in TEC 37.007(a) if the student engages in that conduct on the school property of another Westlake Academy in this state or while attending a school -sponsored or school -related activity of a school in another Westlake Academy in this state. A student may be expelled from Westlake Academy for any of the following in property, within 300 feet of school property as measured from any point on the while attending a school -sponsored or school related activity on or off school p 1. Possessing, giving, buying, or selling less than a useable amount of marijuana; 2. Possessing, using, selling, buying or giving paraphernalia rel al including but not limited to marijuana, a controlled substal ange beverage; 3. Abusing the student's own prescription drug or u, a way otl selling a prescription drug; possessing, using, or be °ji /'' er the influ 4. Offering to sell or buy any amount of marijuana, a led abusable volatile chemical, a prescription drug, or an alcoh f 5. Preparing a hit list. In addition, a student may be expelled from West student is not in attendance at a school -sponsored 1. The Head of School or has a re a felony offense (otl j fine continued prese j ie studen e or will be det to the educa I 2. Off campus 011 " ° t for which D pl learn of the cone" 1,atil mor M 0 mmitted while on school property boundary line, or prescribed; giuying or IN another's prescriptdrug; a dangerous dug, an off campus and while the 11111!1 , ias 6hgaged in conduct defined as i offens �� y /j�ggravatedrobbery); and the threatens the safety of other students or teachers by state law when the administrator does not onduct occurred at a school -sponsored event. In determ �' " ' ere is a'°�� " ' 'able belief that a sC�f�l'Mt has engaged in conduct defined as a felony offense by the ode, th�I%pde f Sch ��% esignee may consider all available information, including the information fu rider Article 1of�,.dalProcedures. TheArticle 15.27 notice shall be considered by the /�He' ` U chool in making thminati length of stay for this offense will be determined on an individual basis. ///%%/o,,%/i, A student ind" M ��j��, be expelled if tudent engages in the following misconduct, regardless of whether the conduct e6,;;,1,�,�,�V11 �/a occurred on or d U virus 1. Involveme"�,f 1 cr "' ' U1street gang, including participating as a member or pledge, or /0 °0 encouraging recruiting, enabling or causing another person to become a pledge or member of a gan%%' 2. Involvement in a public -school fraternity, sorority, or secret society, including participating as a member or pledge, or soliciting another person to become a pledge or member of a public school fraternity, sorority, or secret society; Section 37.121 Texas Education Code 3. If the student is a registered sex offender who is not under any form of court supervision. A registered sex offender who is not under any form of court supervision will be placed in regular classes if the student is not a threat to the safety of others, is not detrimental to the educational process, and such placement is not contrary to the best interests of Westlake Academy's students; or 4. If the student engages in criminal mischief if the damage is less than $750; 5. If the student engages in bullying that encourages a student to commit or attempt to commit suicide, or incites violence against a student through group bullying; or 6. If the student releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent. Westlake Academy is not required to admit thea student if the student: 1. Has a record of engaging in conduct or misbehavior that has resulted in removal to a DAEP or expulsion; 2. Has engaged in delinquent conduct or conduct in need of supervision and is on probation or other conditional release for that conduct; or 3. Has been convicted of a criminal offense and is on probation or other conditions elease. Texas Education Code 25.001(d)% EXPULSION A student shall be expelled from Westlake Academy if the student, on or school -related event on or off school property: 1. Possesses or uses a handgun (a firearm designed, made or a location -restricted knife, or club on or about his or her 2. Possesses, manufactures, transports, repairs, or sells o weapon, machine gun, short ---barrel firearm, fire rick dispensing device, zip gun, tire deflation device, or i is be expelled for using, exhibiting, or possessing a firear is not located on a school campus, while participating in 0, sports competition, or while particip ' preparing foi sponsored or supported by the Texas life De] Department.) Texas Education Code 37.' 3. Engages in conduct that contains the elem f the 0 r a. Aggravated assault 2.02, Penal sex aggravated sex �' 22.021, b. Arson unde Penal ,' � � attending a school -sponsored be fired with following prohibited weapWj explosive , armor- 0 Srcing ammunition ical IR%,fvice. (Note: A stud mill not Iis approved target range facility that r a school--- sponsored shooting sports educational activity organization working with the 01°'I, Penal Code, or -r 19.03, Penal Code, or criminal attempt to Code; Code; 3er 19.05, Penal Code; or it child or disabled individual. � conduct is punishable as a felony: another person or possesses, uses, or is under the influence of: Iled substance, as defined by Chapter 481, Health and Safety Code, or by C Nee F1 et seq.; or ii A ��'`� - t g, as defined by Chapter 483, Health and Safety Code. lf„ -r ,„ b. Sells, gives f Wivers to another person, uses, or is under the influence of an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code; or commits a serious act or offense while under the influence of alcohol; or possesses, uses, or is under the influence of an alcoholic beverage. A student shall be expelled if the student, by committing a state --mandated expellable offense, retaliates against any employee or volunteer in retaliation for or as a result of the person's employment or association with Westlake Academy without regard to whether the conduct occurs on or off school property or while attending a school --- sponsored or school -related activity in or off school property. A student shall also be expelled if the student brings a firearm, as defined by 18 USC Section 921, to school. The student must be expelled from the student's regular campus for a period of at least one year, except that: 1. The Superintendent or other chief administrative officer of Westlake Academy may modify the length of the expulsion in the case of an individual student; 2. Westlake Academy shall provide educational services to an expelled student in a DAEP if the student is younger than ten (10) years of age on the date of expulsion; and 3. Westlake Academy may provide educational services to an expelled student who is ten (10) years of age or older in a DAEP. A student may be expelled if, while on school property, while within 300 feet of school property as measured from any point on the school's real property boundary line, or while attending a school -sponsored or chool--- related event on ox off school property, the student engages in conduct that contains the elements of an off KJ�: resulting in bodily injury; or Deadly conduct under Section 22.05, Penal Code. A student may be expelled for engaging in the following offenses from any point on Westlake Academy's real property boundary li 1. Possesses a firearm, as defined by federal law; 2. Possesses or uses a handgun (a firearm designed, or club on or about his or her person. (Note: A stude" possessing a firearm at an off campus approved target ra while participating in or preparing for a chool-sponsorc t�o� in or preparing for a shooting sports e 1 activity l Wildlife Department or organization wo,l�y 9e L explosive weapon, machine gun, short --- ammunition, chemical ,( jpg device A student may also property: property as measured knife, Ffs not located on a school campus, )rts competition, or while participating supported by the Texas Parks and kys Education Code 37.007(k). gas Penal Code: (1) aggravated assault, (5) murder, (6) capital murder, (7) criminal attempt child, (9) aggravated kidnapping, jy negligent homicide, or (13) continuous sexual mother person or possesses, uses, or is under the influence of: (1) Marijuana ' fined by Chapter 481, Texas Health and Safety Code, or by 21 USC s drug, as defined by Chapter 483, Texas Health and Safety Code. mod �%erson an alcoholic beverage_ as defined by Section 1.04_ Texas commits a serious act or offense while under the influence of alcohol, following offenses, regardless of whether the conduct took place on or off school 1. Committing aggifted assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit murder, or aggravated robbery against another student; 2. Retaliating against a school employee or volunteer by committing an assault resulting in bodily injury; 3. Engaging in criminal mischief if the damage is $2,500 or more; 4. Engaging in a breach of computer security by accessing a computer, computer network or computer system owned by or operated on behalf of a school Westlake Academy without consent and knowingly alters, damages, or deletes school Westlake Academy property or information or breaches any other computer, computer network or computer system; 5. Committing a state -mandated expellable offense on the school property of another Texas School Westlake Academy or while attending a school -sponsored or school related activity of another Texas school Westlake Academy; 6. Engaging in bullying that encourages a student to commit or attempt to commit suicide, or incites violence against a student through group bullying; or 7. Releasing or threatening to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent. Title V Felonies Regardless of Location. In addition to the expellable conduct listed above, a student may also be expelled if the student: 1. Is arrested for a Title V felony offense or aggravated robbery; 2. Is charged with engaging in a Title V felony offense or aggravated robbery; 3. Received deferred adjudication or deferred prosecution for a Title V felony o ��r aggravated robbery; 4. Is on probation for a Title V offense or aggravated robbery; 5. Was found by a court or jury to have engaged in delinquent condu�i, �' "lony offense or aggravated robbery; /„ 6. Has been referred to a juvenile court for delinquent conduct ton a Title V telo� rise or aggravated robbery; 7. Was convicted of a Title V felony offense or aggracry; and 8. The administrator determines the student's presenlo, students or teachers, is detrimental to the educational` Academy's students. In this circumstance, expulsion to (1) the date on which the conduct occ ed, (2) the lo< the student was enrolled in Westl' my �� my at 1 student successfully completed an Ic" EMERGENCY EXPU A principal or principal' designee reasonably b� Education Code 37.019. ordered on a non -emerge Not later thajOANW ( regular cla �s, or is n ss / threatens the satfjSia"keother e best interests of We Ing may be ordered regardless of: the conduct occurred, (3) whether iduct occurred, or (4) whether the larding the conduct. e expulsion of a student if the principal or is or property from imminent harm. Texas ;o be a reason for which expulsion could be nt will be told the reasons for expulsion. the student will be given a hearing as required for Before a°�� may be expelled;°�'"-stlake Academy must provide the student a hearing at which the student is afforded ap 111, to due process a uired by the federal constitution and which the student's parent or guardian is invited, in wr!1111 attend. At tl ring, the student is entitled to be represented by the student's parent or ,, guardian or anothei who ovide guidance to the student and who is not an employee of Westlake Academy. If the Assistant Princi appropriate administrator makes a good -faith effort to inform the student and the student's parent or guards (�the time and place of the hearing, Westlake Academy may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends. Unless the student's parent/guardian signs a waiver forfeiting the student's rights to a hearing, a hearing must be held. Texas Education Code 37.0090. In an expulsion hearing, the student or the student's representative will be provided an opportunity to testify, present evidence or witnesses in his/her defense, examine evidence presented by the school, and question the school's evidence. Westlake Academy may rely on the hearsay evidence of school administrators who investigate disciplinary infractions. The decision shall be based exclusively on the evidence presented at the hearing and shall be communicated promptly to the student and parent. A decision of expulsion shall take into consideration self--- defense, intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history or whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct. EXPULSION APPEAL WESTLAKE ACADEMY -LEVEL A parent or guardian may appeal a decision for expulsion. In order to do so, a written request must be made in writing within three (3) school days of the receipt of written notification of the campus -level decision. The written request should be addressed to Westlake Academy Head of School, 2600 J T Ottinger Road, Westlake, TX 76262. � The Head of School shall provide the student an opportunity for a hearing at which the t will be afforded the requisite due process. The Head of School shall contact the parent within five (5) school day -ipt of a timely written request for appeal to schedule a hearing. After scheduling the hearing, the Head of Schools fide written notice of the hearing including the nature of the evidence and the names of any witnesses whose t y ° e used against the student. The , decision of the Head of School shall be based exclusively on evidence prese at the h' The final decision shall be communicated in writing to the student and the parent(s) as promptly J&sible. EXPULSION APPEAL TO THE BOARD I'll �� / A decision to expel a student may be appealed to the Board- -St for a Board r iew of a decision ,, 1 a student shall be made in writing to the Head of School within three (3 g °' 1 days afte �� pt of the written de' � from the Head of School. The Head of School shall provide the parent wri within five (5) school days of receipt of the appeal request. The heari request from the parent is made to hold it in op ° n. The granting School and shall base its decision on that record. �' w ill denied privileges of the campus pending an appeal ftis"'"111 EXPULSION APPEAL O�CISION The Board's decision may aled by , e novo to Academy's central admji five office is I d. The stud Parental questions or ` ints regarding s that were z with the teacher, Assistari ipal, or al, as proper procedures were not complaintsJ�� "fss f,ordanc"fi Bard Policy. This dN NOTICE T'/ Th& dor its designee sha"_ the st �� ,The Board or its c within th, "" business days WITHDRAW RING 0 When a student rec gpde completed, Westlake " tice ate, time, and place of the meeting field in closed session unless a written req uest uest will depend on the extent q �ord in the hearing before the Head of be pres �� ire the Board. A student may be district court in the county in which Westlake 11 remain expelled pending the outcome of the appeal. gy to the consequence should be addressed informally riate. For example, a complaint might allege that atisfactory, parents may follow the formal parent may not be used to overturn a disciplinary assignment. to t� ent and the student's parent or guardian a copy of the order expelling shall a Wil a copy of the order to the student's school district of residence ding the Order of Expulsion. SS OF EXPULSION pulsion withdraws from Westlake Academy before the placement order is complete the proceedings and issue an order of expulsion. Ir I 11 BOAR].) F W.. W.®IJ W.. W..:.RW..:.R AGENDA. W...N'A. ITEM W..:.R.. .. Regular Meeting ,,,,. Discussion Item Monday, December 5, 2022 TOPIC: Revision of the Westlake Academy Proof of Residency Policy STAFF: Sean Wilson, Head of School STRATEGIC ALIGNMENT �1)J� uuuiuuuuuiuuuuiuuuuuuuuuuuui uuuuuuuuupuuuuuuuuuiuuiuuuuui Juuiiliy�� JJJJ��12IIIIIi%JJ%%%will �r IIIIII IIIII III III IIIIII IN IIIII III Westlake Academy is an IB Continuum School compassionate, life-longbecome Academic Optimize �learners throughOperations Potential balanced education that empowers to contribute to our interconnected world. SR.T M MARY. The purpose of this presentation is to inform the Board of Trustees of recommendations of revisions to the Westlake Academy Proof of Residency policy. The current proof of residency policy for the school has not been revised since June 2014. Staff recommends making changes to the policy that clarifies the language and the rules for establishing Westlake residency, and Primary Boundary status as it pertains to enrollment in Westlake Academy. Page 1 of 2 ;0 I.,.J.N CILAC"ID'ID 0 N /..0 IDS"I1 This information is being provided to the Board for review and feedback before formally bringing a final version to the Board for approval. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, This information is being provided to the Board for review and feedback before formally bringing a final version to the Board for approval. IDa"IDS CA LZS ERV ICE LEVEL ID M ID'AC ID............... ID°0 C 0 M M 1..JNI I Project Cost/Funding Amount- None Funding Source. N/A Contract. No Forms. N/A Service Levels. This is not a project. A"...,"ID A ," I I E '] ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Current Admissions Policy Recommended Revised Admissions Policy Page 2 of 2 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 1.02: Date Board Adopted: May 4, 2009 Date Board Amended: June 1, 2015 Effective Date: June 1, 2015; contingent upon TEA approval Policy Category: uumliiissliiioii°is Policy Name: Wostll4ke Acadeiimy Adiimliissliioii°is IIII'tollllliiic Policy Goal: Communication/Transparency of student and parent requirements for admission into Westlake Academy; Engagement of stakeholders and fiscal stewardship Policy Description: Applications from new students are accepted from December 1st through January 31st. Currently enrolled students receive a Notice of Intent to Return in f -t firet- --of January of each school year. This form asks students to state whether they intend to return to Westlake Academy the following school year and to identify any siblings who wish to attend Westlake Academy the following year. This form must be returned-- within 30 days of is ri u ionb n W.9t. tudeu°-its III°-io do u°-mot return°,m tll°-ie U,-ie Illu°-mteu°-it to Il eturu°-m fbirrn by U,-ie deadllliu°-me, are a°,lot guarau°-mteed eu°-irollllleu°-mt for tll°-ie folllloliu°-mg sell°-iooll year... ll eeliuiwolllIIIui-mmeui^mt Currently -enrolled students, admitted after August 1,2015, expressing a desire to return and who continue to reside within an approved geographical boundary are automatically enrolled for the following school year upon timely receipt of the Notice of Intent to Return form, subject to the following limitations: 0W-a currently --enrolled student who originally obtained admission to the Academy based on the student's residency in the primary geographic boundary; and (2)a currently --enrolled student who obtains admission as the child of a full-time Town of Westlake employee retains the right to re -enrollment only if the student's parent continues to be employed by the Town of Westlake on a full-time basis; and • a currently enrolled student who originally gained admission through the lottery or through sibling waitlist. Vacancies in each class are then determined. ? v � If the number of eligible applicants does not exceed the number of vacancies, then all eligible applicants who timely applied will be offered admission. If there are more new eligible applicants than available spaces in a class, then admission shall first be offered to eligible applicants residing within the geographic boundaries of the Town of Westlake (primary geographic boundary) in the order they are received. If there areor riboundary applicants than spaces available, sl resident waitlist will be establisheds on the order applications are received. - After consideration of all eligible applicants from the primary geographic boundary, Westlake Academy may admit eligible transfer applicants residing within the secondary geographic boundary. If the number of eligible transfer applications exceeds the number of vacancies, the admission of transfer applicants from the secondary boundely-boundaries shall be determined by lottery, except that the following applicants are exempt from the lottery and may be given priority in admission, subject to the limitations identified. Exempt transfer applicants will be admitted in the following order: (1) the children of Town of Westlake full-time employees, so long as the total number of students admitted under this exemption as the children of employees assigned to municipal duties constitutes only a small percentage of the total school enrollment and the number of students admitted as the children of employees assigned to Westlake Academy constitutes only a small percentage of the total school enrollment; and (2) the children and grandchildren of Founders of Westlake Academy, so long as the total number of students admitted under this exception constitutes only a small percentage of the total school enrollment; and (3) siblings of admitted or returning students. All e4giNeAraflefefsecondary boundaryapplicants will be placed in the lottery to create itlist for each grWWWWfeney-th-atWW ex��st , n�WWW�sWWWWa�WWWs�WWWttWWW ff ��I 'sn:WWWT�eWW �remafn��ngWWW'I�WWWWW�Wn�WWW�WWWWW� •ti�� tnWWWWWW W WWWWth a :WWWWWffAs aW-vacanci sy arises, the individual on the waiting -list with the lowest number assignment will be offered admission. enrollment,Upon an offer of e performancehave met standards for entry into the grade for which they have applied. Should ihere be a discrepancy in the application grade level of the student and the educational records or eonce e offered ,; position or enrolled,studente disenrollment. tczgel Ife =4 a ® 4 0 4 =e Tel Q M ® �� Westlake Academy Charter School does not discriminate in admissions based on gender, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability or the district the child would otherwise attend. Westlake Academy will not enroll any student with documented histories of a criminal offense, juvenile court adjudication, or discipline problems under Texas Education Code Chapter 37, Subchapter A. The Academy further reserves the right to remove a student per the Discipline Policy / Code of Conduct should it become known that a student has a history of criminal offense, juvenile court adjudication or discipline problems, which was not disclosed upon application to the school. Date Amended: 08/03/09 01/10/11 08/15/11 09/12/11 08/13/12 06/03/13 06/02/14 BOAR].) F W.. W.®IJ W.. W..:.RW..:.R AGENDA. W...N'A. ITEM W..:.R.. .. Regular Meeting ,,,,. Discussion Item Monday, December 5, 2022 TOPIC: Revision of the Westlake Academy Admissions Policy STAFF: Sean Wilson, Head of School STRATEGIC ALIGNMENT �1)J� uuuiuuuuuiuuuuiuuuuuuuuuuuui uuuuuuuuupuuuuuuuuuiuuiuuuuui Juuiiliy�� JJJJ��12IIIIIi%JJ%%%will �r IIIIII IIIII III III IIIIII IN IIIII III Westlake Academy is an IB Continuum School compassionate, life-longbecome Academic Optimize �learners throughOperations Potential balanced education that empowers to contribute to our interconnected world. SR.T M MARY. The purpose of this presentation is to inform the Board of Trustees of recommendations of revisions to the Westlake Academy Admissions policy. The current admissions policy for the school has not been revised since June 2014. Staff recommends making changes to the policy that will simplify the language, and clarify enrollment guidelines for all students at Westlake Academy. Page 1 of 2 ;0 I.,.J.N CILAC"ID'ID 0 N /..0 IDS"I1 This information is being provided to the Board for review and feedback before formally bringing a final version to the Board for approval. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, This information is being provided to the Board for review and feedback before formally bringing a final version to the Board for approval. IDa"IDS CA LZS ERV ICE LEVEL ID M ID'AC ID............... ID°0 C 0 M M 1..JNI I Project Cost/Funding Amount- None Funding Source. N/A Contract. No Forms. N/A Service Levels. This is not a project. A"...,"ID A ," I I E '] ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Current Admissions Policy Recommended Revised Admissions Policy Page 2 of 2 Section 1 - Admissions Policy No. 1.01: Date Board Adopted: Date Board Amended: Effective Date: Policy Category: Policy Name: TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY May 4, 2009 April 3, 2017 April 3, 2017 iimlii sslii o ii°is of IIII"osliii ouu°io Policy Goal: Clear and concise communication for students and parents regarding the criteria to establish residency status for individuals seeking admission to Westlake Academy. andWWWWd aWWW fteiWWWforWWWt �i �ati n�e�tatto�nWWWW 'dWWWg � a�tWWWth aWW. WWb�t�nt' IWWWafterWWs W WWW�a W• WWW�i�dWWwn�WWaW W •oWu te4&-3t4akeAeademr Policy Description: If, during the enrollment period, Westlake Academy receives more applications from eligible applicants than there are spaces available in a class, then admission shall first be offered to eligible applicants residing within the Academy's Primary Boundary, which is consistent with the geographic boundaries of the Town of Westlake. The parent, legal guardian, or other person having lawful control of an applicant seeking admission as a resident of the Primary Boundary must provide proof of residency within the boundaries of the Town of Westlake. Required Documentation to Establish Residency in the Primary BoundM An applicant's parent, legal guardian, or other person having lawful control shall provide one or more of the following documents as proof of residence within the boundaries of the Town of Westlake: • Tax receipt from the current year indicating homestead property ownership; • Fully executed buildingpermit signed by the town of sl 's Planning and Developmentdepartment • Current lease agreement (subject to additional requirements below); or CurrentW W it WW t�prwma d IWW am 4h aWlWWtaIWW�uardWiwanW,WWW WWf�angWW��IWW t ; Valid, fully -executed real estate earnest money contract to purchase or build residential structure (subject to additional requirements below). In addition to one of the documents identified above, the parent, legal guardian, or other person having lawful control must provide: -a photo idenfification card that includes the person's photograph, name, and an address that matches the address included on the document provided from the list above. Acceptable photo;F sole responsibility. Failure by the homeowner to submit any or all of the milestone verifications may result in the Academy Hat tW inis r iv l ufn isenrolling the student.WWW s to th eadlifl tif4 flWW4hi � � WWWWum �ra�ntIWWWWtWWWWi f,WWW� � �retnW,WWWWte�u�atin�gWWWWumst�aWn 'uet�WW �I.WWWW�tWWWi aeti��WW�tWWaW��WWWW edWWWn�i�net ��)WWtend�a Applicants relying upon a contract to purchase or build a home to establish residency within the Primary Boundary must submit proof of residency within the Secondary Boundary at the time the application is submitted,-oodsubmitted and must provide the required documentation of residency at the Primary Boundary address within 30 days of occupying the Primary Boundary residence. Failure to provide required documentation may result in a student's immediate withdfewa4- disenrollment from the Academy. For a single-family residence, only one structure shall be recognized per legal address. Secondary structures such as garages, garage apartments, cabanas, pool houses, or cottages that are co -located on the property where the primary - residential structure is located, but are not recognized with a -separate legal address -,address are not eligible to establish residency under this policy. Further, a lease shall be accompanied with a utility bill showing that the utility service for the leased residential premises is in the name of the person leasing the primary residential structure. Primary Enrolled l r to August 1, or families with students enrolled in the Academy prior to August 1, 2015, any subsequent changes to the residency policy do not apply. So long as these students attended WA for at least two years prior to moving to an approved secondary boundary, the students can remain enrolled at the Academy. Nonresident Student in Grandparent's After -School Care: A student seeking admission to Westlake Academy, after August 1, 2015, as a resident of the primary boundary due to a grandparent providing substantial after - school care for the student shall provide the required proof of residency based on the grandparent's Westlake residence and will be subject to the admission policy applicable to all Westlake residents regarding their continued enrollment. The grandparent must annually provide a notarized affidavit, on a form provided by Westlake Academy, confirming the extent of after -school care to be provided by the grandparent. Students applying for admissions based on the grandparent provision must live in one of the Academy's secondary ours ri s. The Superintendent shall have authority to approve such admission applications in accordance with the following criteria: a minimum of ten (10) hours per week of documented after -school care provided by the grandparent at the grandparent's Westlake residence. Required Documentation to Establish Residency in Secondary Boundary If all eligible applicants from the primary boundary are admitted and the Academy chooses to admit transfer students from the secondary boundary, the same types of documentation identified above shall be used to establish residency within the Academy's secondary boundary. Residency Review A Westlake Academy representative may make periodic visits to a residence to verify that the student is actually living at the address provided on the enrollment application or is entitled to enrollment as a resident because of after -school care provided by a grandparent. A person who presents false information or false records to obtain admission to Westlake Academy commits a criminal offense and is subject to prosecution under Texas Penal Code Section 37.10. Proof of residency shall be waived when a student is homeless as defined by law. Dates Amended: 08/03/09 12/06/10 08/13/12 06/03/13 11/17/14 06/01/14 BOARD OFTRUSTEESAGENDA ITT Regulair Meeting Action Item TOPIC: Conduct a Public Hearing and Discuss the Charter FIRST 2022 rating based on School Year 2020-2021 Data and Annual Financial Management Report. STAFF: Marlene Rutledge, Academic Finance Manager Amber I arkauskas, Director of Finance STI ATE IC ALI 1 ENI l®r 1111001 Vision: Westlake Academy inspires college bound students to achieve their highest Fiscal Improve individual potential in Stewardship Financial a nuturing Stewardship environment that fosters the traits found in the IB Learner Profile. FIRST is the acronym for the Financial Integrity Rating System of Texas, as developed for Texas school districts by the Texas Education Agency (TEA) in response to Senate Bill 875 of the 761h Legislature in 1999. The primary goal of the rating system is to achieve quality performance in the management of school district financial resources. In 2009, TEA included open -enrollment charter schools in this rating system, called Charter FIRST. After TEA receives financial information, they complete a Schools FIRST rating worksheet for each school district and charter school. The current year rating worksheet contains 20 questions, called indicators. Each indicator on the rating worksheet is designed to assess the management of financial resources. Ratings are based on staff and student data reported for a school, and financial Page 1 of 3 data reported for the corresponding fiscal year. Charters provide information to TEA through various financial reports, audit reports, and data reported through PEIMS. If the district or charter school answers "No", or fails any of the critical indicators 1 through 5, the rating is automatically a "Substandard Achievement" regardless of points earned from other indicators. If a district or charter school fails any ceiling indicator, the rating is automatically an "Above Standard Achievement" with a final score of 89. For the Fiscal Year ended August 31, 2022, Westlake Academy received a final rating of "A" Superior Achievement with a score of 98. Indicator 7 received 8 out of 10 points: Was the number ofdays ofcash on hand and current investments for the charter school sufficient to cover operating expenses? The calculation will use expenses, excluding depreciation. o Result determination for 8 points was < 60 days and >/= 50 days. o Detail calculations are included in the Financial Management Report. Within two months after receiving the final rating on November 3, 2022, the Board of Trustees is to hold a hearing for public discussion of the annual financial accountability system report. A notice was published in the Fort Worth Star -Telegram on November 30, 2022. In addition to the Charter FIRST annual rating and in accordance with Title 19 Texas Administrative Code, Chapter 109, Budgeting, Accounting and Auditing, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System, we are required to submit a Financial Management Report including the following required disclosures: • Copy of Head of School's current employment contract, including any addendums; • Reimbursements Received by the Head of School and members of the Board of Trustees; • Outside Compensation and/or fees received by the Head of School for Professional Consulting and/or other personal services; • Gifts received by the Head of School, Executive Officers, and members of the Board of Trustees (and First Degree Relatives, if any); and • Business Transactions between Westlake Academy and members of the Board of Trustees. COI C11.., AC '.IO /CJPI'.IO S ..................................................................................................................................................................................................................................... The Mayor/Board Presidentwill open apublic hearing and receive any feedback from stakeholders regarding the 2022 Charter FIRST rating. Further discussion may ensue at the pleasure of the Council/Board of Trustees. STAFF RECOMMENDATION Conduct a public hearing and hold discussion regarding Westlake Academy's FIRST rating as necessary. FISCAL/SERVICE 1,ll� VEI....,11 PA .'I" 1"0 C0M l INII Y., n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n ...... n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n......... n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n i n Project Cost/Fund ing .Amammmnt: N/A Funding Source: N/A Contract: No Forms: N/A Service 1 ,evels m N/A Page 2 of 3 D E V E 1 0 P M E N.J.'../M 0 B I L I I Y I M P.A. C I" ........... 1 0 C 0 M M I..] N I I.E.Y. WestlakeAcademy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A A I ]..'.,.A C I p E N I S Westlake Academy Charter FIRST Annual Financial Management Report for Fiscal Year Ended August 31, 2022 Page 3 of 3 LIMA, PRI, I IW*Ikl Z*4 OWMIKA 01, m =, .r r lr �- +s Charter FIRST AnnualReport For the Year Ended August 31, 2022 FIRST is the acronym for Financial Integrity Rating System of Texas, as developed for the Texas school districts by the Texas Education Agency in response to Senate Bill 875 of the 76th Legislature in 1999. The primary goal of the rating is to achieve quality performance in the management of school district's financial resources. Open -enrollment charter schools were included in this rating system in 2009. Financial Accountability Ratings Under the FIRST system, the Texas Education Agency (TEA) assigns each school district and open -enrollment charter school a financial accountability rating based on a district's overall performance on certain financial measurements, ratios, and other indicators established by the commissioner of Education. Preliminary ratings are released by Texas Education Agency every calendar year during the summer. The Commissioner's Rules for Charter FIRST are contained in Title 19, Texas Administrative Code, Chapter 109, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System. There were changes in the Commissioner's Rule for Charter FIRST that were finalized in August 2018. The most substantive changes in August 2018 will be implemented by the Texas Education Agency beginning with ratings year 2020-2021 based primarily on data from fiscal year 2020. During the phase -in period, the new Charter FIRST system has separate worksheets for rating years 2017-2018 through 2020-2021 as compared to subsequent years. Going forward, the Commissioner of Education will evaluate the rating system every three years and may modify the system to improve its effectiveness. Any changes made to the rating system are communicated to school districts/open-enrollment charter schools by TEA along with the effective dates of the changes. Reporting Requirements Reporting the FIRST rating to the public is a key component of the system. Under FIRST, each school district/open-enrollment charter school is required to prepare and make available an annual financial management report that includes the following: + The district's financial management performance rating provided by the Texas Education Agency (TEA) based on its comparison with indicators established by the Commissioner of Education for the state's new Financial Accountability System. + The district's financial management performance under each indicator for the current and previous years' financial accountability ratings; and + Additional information required by the Commissioner of Education. The financial management report being issued at the Charter FIRST hearing must contain certain required disclosures, in accordance with Title 19 Texas Administrative Code Chapter 109, Budgeting, Accounting, and Auditing Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating Systems. Under Chapter 109, the Commissioner required certain disclosures, as follows: + A copy of the Head of School's (Superintendent's) current employment contract. The school district may publish the superintendent's employment contract on the district's internet site in lieu of publication in the annual financial management report. This must disclose all compensation and benefits paid to the superintendent. + A summary schedule for the fiscal year (12-month period) of total reimbursements received by the Head of School (Superintendent) and each board member, including transactions resulting from use of the school district's credit card(s), debit card(s), store -value card(s), and any other instruments to cover expenses incurred by the Head of School (Superintendent) and each board member. The summary schedule shall separately report reimbursements for meals, lodging, transportation, motor fuel, and other items (the summary schedule of total reimbursements is not to include reimbursements for supplies and materials that were purchased for the operation of the district). + A summary schedule for the fiscal year of the dollar amount of compensation and/or fees received by the superintendent from another school district or any other outside entity in exchange for professional consulting and/or other personal services. The schedule shall separately report the amount received from each entity. + A summary schedule for the fiscal year of the total dollar amount by the executive officers and board members of gifts that had an economic value of $250 or more in the aggregate in the fiscal year Code, Chapter 573,Subchapter B, as a person related to another person within the first degree by consanguinity or affinity) from an outside entity that received payments from the school district in the prior fiscal year, and gifts from competing vendors that were not awarded contracts in the prior fiscal year. This reporting requirement does not apply to reimbursement of travel -related expenses by an outside entity when the purpose of the travel is to investigate or explore matters directly related to the duties of an executive officer or board member duties, or matters related to attendance at education - related conferences and seminars whose primary purpose is to provide continuing education (this exclusion does not apply to trips for entertainment related purposes or pleasure trips). This reporting requirement excludes an individual gift or a series of gifts from a single outside entity that had an aggregate economic value of less than $250 per executive officer or board member. + A summary schedule for the fiscal year of the dollar amount by board members for the aggregate amount of business transactions with the district. This reporting requirement is not to duplicate the items disclosed in the summary schedule of reimbursements received by board members. + Additional information that the district's board of trustees deems useful. + A public hearing must be held on the annual financial management report to afford interested parties the opportunity to comment on the report. The public hearing must be held within two months after receipt of the final financial accountability rating. The official notification from TEA was dated November 3, 2022. The 2022 Charter FIRST rating was based on an analysis of financial data submitted to the Texas Education Agency for the 2020-2021 fiscal year. Twenty -One indicators were evaluated to determine the overall rating (please note that indicators 10, 16, and 21 were not rated for this time period). Westlake Academy received the rating of A — Superior for FY 2022 with a score of 98. The rating worksheet detailing the Academy's performance on each of the indicators as well as the explanations/calculations of the indicators is reflected on the remaining pages of this report. Information on the FIRST rating can be found on TEA's website at hgps:Htea.texas.gov/finance-and-grants/financial- accountability/financial-integrity -ry ating-system-of-texas-first/financial-inter -ry ating-system-of-texas. Charter FIRST - Financial Integrity Rating System of Texas 2021-2022 Ratings Based on Fiscal Year 2021 Data An Excel wrsion of the table below is available upon request Indicator Indicator Description Score Number Critical Indicators (if any fail, school's rating is an automatic "F" for Substandard Achievement regardless of other points earned. (+) indicates a Critical Indicator. Ceiling Indicators (details below). (*) indicates a Ceiling Indicator. Was the complete annual financial report (AFR) and charter school financial 1 + data submitted to TEA within 30 days of the November 27 or January 28 Yes deadline depending on the charter school's fiscal year end date of June 30 or August 31, respectively? Was there an unmodified opinion in the AFR on the financial statements as a 2 + whole? (The American Institute of Certified Public Accountants (AICPA) defines Yes unmodified opinion. The external independent auditor determines if there was an unmodified opinion.) Was the charter school in compliance with the payment terms of all debt agreements at fiscal year end? (If the charter school was in default in a prior fiscal year, an exemption applies in following years if the charter school is current on its forbearance or payment plan with the lender and the payments are made on schedule for the fiscal year being rated. Also exempted are 3 + technical defaults that are not related to monetary defaults. A technical default Yes is a failure to uphold the terms of a debt covenant, contract, or master promissory note even though payments to the lender, trust, or sinking fund are current. A debt agreement is a legal agreement between a debtor (person, company, etc. that owes money) and their creditors, which includes a plan for paying back the debt.) Did the charter school make timely payments to the Teachers Retirement 4 +* System (TRS), Texas Workforce Commission (TWC), Internal Revenue Service Yes (IRS), and other government agencies? Was the total net asset balance in the Statement of Financial Position for the charter school greater than zero? (If the charter school's change of students in membership over 5 years was 7 percent or more, then the charter school passes 5 + * this indicator.) (New charter schools that have a negative net asset balance will Yes pass this indicator if they have an average of 7 percent growth in students year over year until it completes its fifth year of operations. After the fifth year of operations, the calculation changes to the 7 percent increase in 5 years.) A. Total net asset balance in the statement of financial position in the annual financial report: -3025239.0000 5 +* calc B1. Pension Expense: 0.0000 2314571.0000 B2. Other Post -Employment Benefits (OPEB): 2987427.0000 B3. Net Pension Liability (NPL): B. Pension Expense, Other Post -Employment Benefits (OPEB), and Net Pension Liability (NPL), as applicable: C. Net Assets Threshold: OR D. Number of students in membership in year 5 from base year: E. Number of students in membership in base year: F. Threshold for percent change in students in membership 5301998.0000 0.0000 865 843 7 6* Was the average change in total net assets over 3 years less than a 25 percent decrease or did the current year total net asset balance exceed 75 days of operational expenditures [(total expenditures less depreciation) /365]*75 days? Passed 6 * calc A. Total Net Assets for Year 1 (three years prior to current year under review): B. Total Net Assets for Year 2 (two years prior to current year under review): C. Total Net Assets for Year 3 (one years prior to current year under review): D. Total Net Assets for Year 4 (current year under review): E. Total Expenditures: F. Depreciation Expense: G. Average Change in Total Net Assets Over 3 Years: H. 75 Days of Operational Expenditures: -2823226.0000 -2906051.0000 -3109451.0000 -3025239.0000 9765661.0000 0.0000 2.4082% 2,006,642.6712 7 Was the number of days of cash on hand and current investments for the charter school sufficient to cover operating expenses? The calculation will use expenses, excluding depreciation. Passed 7 calc A. Cash & Equivalents: B. Current Investments C. Total Expenditures D. Depreciation Expense: E. Pension Expense: Days of Cash on Hand & Current Investments: Total Points 1481717.0000 105.0000 9765661.0000 0.0000 0.0000 55.3844 8 8 Was the measure of current assets to current liabilities ratio for the charter school sufficient to cover short-term debt? Passed 8 calc A. Current Assets: B. Current Liabilities: C. Current Assets to Current Liabilities Ratio: D. Threshold for Current Assets to Current Liabilities Ratio: Total Points 2401202.0000 396807.0000 6.051309579 1 10 9 Did the charter school's revenues equal or exceed expenses, excluding depreciation? If not, was the charter school's number of days of cash on hand greater than or equal to 40 days? The calculation will use expenses, excluding depreciation. (max=5) Passed 9 Calc A. Total Revenue: B. Total Expenses: C. Depreciation: D. Pension Expense, OPEB, and NPL, as applicable: 10002629.0000 9765661.0000 0.0000 0.0000 Indicator Value: Total Points TRUE 5 10 This indicator is not being scored. 10 11 Was the ratio of long-term liabilities to total assets for the charter school sufficient to support long-term solvency? (If the charter school's change of students in membership over 5 years was 7 percent or more, then the charter school passes this indicator.) (New charter schools that have a negative net asset balance will pass this indicator if they have an average of 7 percent growth in students year over year until it completes its fifth year of operations. After the fifth year of operations, the calculation changes to the 7 percent increase in 5 years.) Passed 11 Calc A. Long Term Liabilities: B1. Pension Expense: B2. Other Post -Employment Benefits (OPEB): B3. Net Pension Liability (NPL): B. Pension Expense, OPEB, and NPL, as applicable: C. Total Assets: D. Long-term Liabilities to Total Assets Ratio: OR E. Number of students in membership in year 5 from base year: F. Number of students in membership in base year: G. Threshold for percent change in students' membership. Total Points 5454919.0000 0.0000 2314571.0000 2987427.0000 5301998.0000 2401202.0000 0.0637 865 843 7 10 12 Was the debt service coverage ratio sufficient to meet the required debt service? passed 12 Calc A. Total Revenue: B. Total Expenses: C. Depreciation D. Interest Amount: E. Principal Amount: F. Pension Expense: G. Debt Service Coverage Ratio: Total Points 10002629.0000 9765661.0000 0.0000 0.0000 0.0000 0.0000 not applicable 10 13 Did the charter school have a debt -to -capitalization percentage that was reasonable for the charter school to continue operating? (max = 5) Passed 13 calc A. Long Term Liabilities: B. Total Net Assets: C. Debt to Capitalization Ratio: Total Points 5454919.0000 -3025239.0000 224.5118% 5 14 Was the charter school's administrative cost ratio equal to or less than the threshold ratio? Passed 14 calc Average Daily Attendance: A. Admin Costs: 842.1430 427288.0000 B. Other Costs: C. Administrative Cost Ratio: Total Points 5459106.0000 0.0783 10 15 Did the charter school not have a 15 percent decline in the students to staff ratio over 3 years (total enrollment to total staff)? (If the student enrollment did not decrease, the charter school will automatically pass this indicator) Passed 15 15 calc Al. Number of currently enrolled students: A2. Number of current FTE Staff: B1. Number of students enrolled 3 years prior to the year under review: B2. Number of FTE Staff 3 years prior to the year under review: C. Number of currently enrolled students: D. Number of students enrolled 3 years prior to the year under review: Test 1: > -0.15 OR Test 2: > 0 Total Points 865.0000 101.4698 879.0000 96.8413 865.0000 879.0000 0.9392 -14.0000 10 16 This indicator is not being scored. (max = 5) 5 17* Did the comparison of Public Education Information Management System (PEIMS) data to like information in the charter school's AFR result in a total variance of less than 3 percent of all expenses by function? Passed 17* calc A. Data Variance (Sum of Differences): B. Total Expenses: C. Total Variance: D. Threshold for percentage of Data Variance: 12820.0000 9765661.0000 0.1313% 3.0 18* Did the external independent auditor indicate the AFR was free of any instance(s) of material weaknesses in internal controls over financial reporting and compliance for local, state, or federal funds? (The AICPA defines material weakness.) Passed 19 Did the external independent auditor indicate the AFR was free of any instance(s) of material noncompliance for grants, contracts, and laws related to local, state, or federal funds? (The AICPA defines material noncompliance.) Total Points Passed 10 20 Did the charter school post the required financial information on its website in accordance with Government Code, Local Government Code, Texas Education Code, Texas Administrative Code and other statutes, laws and rules that were in effect at the charter school's fiscal year end? (max = 5) Total Points Passed 5 21 This indicator is not being scored. (max = 5) Weighted Sum 98 Did the charter school fail any of the critical indicators 1, 2, 3, 4, or 5 (parts 1 and 2)? If so, the charter school's rating is F = Substandard Achievement rating regardless of total points earned. Determine the rating by the applicable number of points. Points A = Superior Achievement 90-100 B = Above Standard Achievement 80-89 C = Meets Standard Achievement 0-69 (The charter school receives an F if it scores below the minimum passing score, if it failed any critical indicator 1, 2, 3, 4, or 5, in the AFR or the data were not both complete, or if either the AFR or the data were not submitted on time for FIRST analysis.) Ceiling Indicators Did the charter school meet the criteria for any of the following ceiling indicators 4, 5, 6, 17, or 18? If so, the charter school's applicable maximum points and rating are disclosed below. Determination of rating based on meeting ceiling criteria. Maximum Maximum Rating Points Indicator 4 (Timely Payments): Charter school was issued a A = Superior warrant hold. 95 Achievement Indicator 5 (Total Net Assets): Negative total net assets and pass indicator based only on 7% or 79 C= Meets Standard Achievement more increase in students in membership over 5 years Indicator 6 (Average Change in Total Net Assets): Response B = Above Standard to indicator is No. 89 Achievement Indicator 17 (PEIMS to AFR): Response to indicator is No. 89 B = Above Standard Achievement Indicator 18 (Material Weaknesses): Response to indicator is C= Meets Standard No. 79 Achievement If the charter school's overall points earned is less than the maximum points allowed by the applicable ceiling indicator, the charter school will receive a rating based on the lesser points earned. If the charter school fails a critical indicator or the charter school's total number of points is equal to or less than 69 points, the charter school will receive an F = Substandard Achievement rating, regardless of any ceiling indicator criteria met. Charter FIRST @ Financial Integrity Bating System of Texas Per Title 19 Administrative Code Chapter 109, Budgeting, Accounting, and Auditing, Subchapter AA, Commissioner's Rules Concerning Financial Accountability Rating System, Section 109.1001(o), the five (5) disclosures listed below are required for the financial management report that is to be distributed at the Charter FIRST public hearing. 1. Head of School's (Superintendent's) current employment contract: A copy of the Head of School's (Superintendent's) current employment contract at the time of the School FIRST hearing is to be provided. The l-Tetul (lf',.chool ussinnes the responsihilities us per contruct'0)h ch is upprpovec l by the./Bunt clf'D-n tc es. All sulurylhen flt� uml other nIns gf'cornlrensution ure puhl by Yee tluke Actulelny through the Generul 11'n l hl loeto No sululy is exlrer see l through the 7�m) a clf Yee tluke. 2. Reimbursement received by the Head of School (Superintendent) and Board Members: All "reimbursement" expenses, regardless of the manner of payment, including direct pay, credit card, cash, and purchase order are to be reported. Items to be reported per category include: o Meals — Meals consumed out of town, and in geographic -boundary meals at area restaurants (outside of board meetings, excludes catered board meeting meals). o Lodging — Hotel charges o Transportation — Airfare, car rental (can include fuel on rental, taxis, mileage reimbursements, leased cars, parking and tolls o Motor fuel — gasoline o Other — Registration fees, telephone/cell phone, internet service, fax machine, and other reimbursements (or on -behalf of) to the superintendent and board member not defined above. Reira,hin-s ernent expenses '))ere puhl to Mr. , eun Wilwn, petal (lf',.chooly cInring fiscal yetir 2021--2022 toluling $4,031 / relutel to truvel cInring his elnployrnent trunsition. There -o)el-e no reilph?TrsQ'dnent exIJQ'6?sQ's rQ'cQ'Pve1 lhy the BourCl elnhers c1111-ink tl?Q'.frscul yetir 2021-2022. 3. Outside compensation and/or fees received by the Superintendent for Professional consulting_ and/or other personal services. Compensation does not include business revenues generated from a family business (farming, ranching, etc.) that has no relation to charter school business. Chere-o)el-e no cornlrensution umllorftes receives l by the Ccar snIting umllor other personulservices cInring the flscul yetir 2021-2022. 1 FY22 unaudited and subject to change at the time of this report. 4. Gifts received by Executive Officers and Board Members (and first -degree relatives, if any) gifts that had an economic value of $250 or more in the aggregate in the fiscal year) An executive officer is defined as the superintendent unless the board of trustees or the charter school administration names additional staff under the classification for local officials. Cherpewere d?o<tirfi§rQ'cQ'P6JQ'Clhy le QG"?Ttr,yJe lYjrce7;§Lrd?CI IboCXI`CI MerYlhrrps(CY6aldfrrpstClQ'<ti1`Q'Q' r elutive) cInr ing thefiscul Jew— 2021-2022. 5. Business transactions between Charter School and Board Members The summary amounts reported under this disclosure are not to duplicate the items disclosed in the summary schedule of reimbursements received by board members. Cher e were no hnsiness trunsuctions hetween Wesduke Actulelny crn Bowr I Melpherps cInr ing the. jlscul Jew— 2021--202 20 Charter FIRST Fin snraal Integrity Roting System o l'exass Accounting: A standard school fiscal accounting system must be adopted and installed by the board of trustees of each school. The accounting system must conform to generally accepted accounting principles. This accounting system must also meet at least the minimum requirements prescribed by the state board of education, subject to review and comment by the state auditor. All Funds: A school's accounting system is organized and operated on a fund basis where each fund is a separate fiscal entity in the school much the same as various corporate subsidiaries are fiscally separate in private enterprise. All Funds refers to the combined total of all the funds listed below: • The General Fund • Special Revenue Funds (Federal Programs, Federally Funded Shared Services, State Programs, Shared State/Local Services, Local Programs) • Debt Service Funds • Capital Projects Funds Assigned Fund Balance: The assigned fund balance represents tentative plans for the future use of financial resources. Assignments require executive management (if approved per board policy to assign this responsibility to executive management) action to earmark fund balance for bona fide purposes that will be fulfilled within a reasonable period of time. The assignment and dollar amount for the assignment may be determined after the end of the fiscal year when final fund balance is known. Auditing: Accounting documents and records must be audited annually by an independent auditor. TEA is charged with review of the independent audit of the local education agencies. Beginning Fund Balance: The fund balance on the first day of a new fiscal year. For most schools this is equivalent to the fund balance at the end of the previous fiscal year. Budget: The projected financial data for the current school year. Budget data are collected for the General Fund, Food Service Fund, and Debt Service Fund. Budgeting: Not later than August 20'h of each year, the superintendent (or designee) must prepare a budget for the school if the fiscal year begins on September 1 st. (For those schools with fiscal years beginning July 1, this date would be June 19.) The legal requirements for funds to be budgeted are included in the Budgeting module of the TEA Resource Guide. The budget must be adopted before expenditures can be made, and this adoption must be prior to the setting of the tax rate for the budget year. The budget must be itemized in detail according to classification and purpose of expenditures and must be prepared according to the rules and regulations established by the state board of education. The adopted budget, as necessarily amended, shall be filed with TEA through the Public Education Information Management System (PEIMS) as of the date prescribed by TEA. Capital Outlay: This term is used as both a Function and an Object. Expenditures for land, ' Glossary is provided by the Texas Education Agency (TEA) for independent school districts. Some of the information may not pertain to Westlake Academy. buildings, and equipment are covered under the object, Capital Outlay. The amount spent on acquisitions, construction, or major renovation of school facilities are reported under the function, Capital Outlay. Cash: The term, as used in connection with cash flows reporting, includes not only currency on hand, but also demand deposits with banks or other financial institutions. Cash also includes deposits in other kinds of accounts or cash management pools that have the general characteristics of demand deposit accounts in that the governmental enterprise may deposit additional cash at any time and also effectively may withdraw cash at any time without prior notice or penalty. Committed Fund Balance: The committed fund balance represents constraints made by the board of trustees for planned future use of financial resources through a resolution by the board, for various specified purposes including commitments of fund balance earned through campus activity fund activities. Commitments are to be made as to purpose prior to the end of the fiscal year. The dollar amount for the commitment may be determined after the end of the fiscal year when final fund balance is known. Debt Service: The function, Debt Service, is a major functional area that is used for expenditures that are used for the payment of debt principal and interest. Expenditures that are for the retirement of general obligation bonds, capital lease principal, and other debt, related debt service fees, and for all debt interest fall under this function. The object, Debt Service, covers all expenditures for debt 6Y"Wela Deferred Revenue: Resource inflows that do not yet meet the criteria for revenue recognition. Unearned amounts are always reported as deferred revenue. In governmental funds, earned amounts also are reported as deferred revenue until they are available to liquidate liabilities of the current period. Ending Fund Balance: The amount of unencumbered surplus fund balance reported by the School at the end of the specified fiscal year. For most schools, this will be equivalent to the fund balance at the beginning of the next fiscal year. Excess (Deficiency): Represents receivables due (excess) or owed (deficiency) at the end of the school year. Federal Revenues: Revenues paid either directly to the district or indirectly through a local or state government entity for federally subsidized programs including the School Breakfast Program, National School Lunch Program, and School Health and Related Services Program. This amount is recorded as Revenue Object 5900. Fiscal Year: A period of 12 consecutive months legislatively selected as a basis for annual financial reporting, planning, and budgeting. The fiscal year may run September 1 through August 31 or July 1 through June 30. Foundation School Program (FSP) Status: Is the shared financial arrangement between the state and the school, where property taxes are blended with revenues from the state to cover the cost of basic and mandated programs. The nature of this arrangement falls in one of the following status categories: Regular, Special Statutory, State Administered, Education Service Center, or Open Enrollment Charter School. FTE: Full -Time Equivalent (FTE) measures the extent to which one individual or student occupies a fulltime position or provides instruction, e.g., a person who works four hours a day or a student that attends a half of a day represents a .5 FTE. Function: Function codes identify the expenditures of an operational area or a group of related activities. For example, in order to provide the appropriate atmosphere for learning, schools transport students to school, teach students, feed students, and provide health services. Each of these activities is a function. The major functional areas are: • Instruction and Instructional -Related Services • Instructional and School Leadership • Support Services — Student • Administrative Support Services • Support Services - Non -Student Based • Ancillary Services • Debt Service • Capital Outlay • Intergovernmental Charges Fund Balance: The difference between assets and liabilities reported in a governmental fund. General Administration: The amount spent on managing or governing the school as an overall entity. General Fund: This fund finances the fundamental operations of the School in partnership with the community. All revenues and expenditures not accounted for by other funds are included. This is a budgeted fund, and any fund balances are considered resources available for current operations. Instruction: The amount spent on direct classroom instruction and other activities that deliver enhance or direct the delivery of learning situations to students regardless of location or medium. Local & Intermediate Revenues: All revenues from local taxes and other local and intermediate revenues. For specifics, see the definitions for Local Tax and Other Local & Intermediate Revenues. This amount is recorded under Object 5700. Modified Opinion: Term used in connection with financial auditing. A modification of the independent auditor's report means there exists one or more specific exceptions to the auditor's general assertion that the district's financial statements present fairly the financial information contained therein according to generally accepted accounting principles. Non -Spendable Fund Balance: The portion of fund balance that is in non -liquid form, including inventories, prepaid items, deferred expenditures, long-term receivables, and encumbrances (if significant). Non -spendable fund balance may also be in the form of an endowment fund balance that is required to remain intact. Object: An object is the highest level of accounting classification used to identify either the transaction posted or the source to which the associated monies are related. Each object is assigned a code that identifies in which of the following major object groupings it belongs: 0 Assets • Liabilities • Fund Balances • Revenue • Expenditures/Expenses • Other Resources/Non-Operating Revenue/Residual Equity Transfers In • Other Uses/Non-Operating Revenue/Residual Equity Transfers Out Operating Expenditures: A wide variety of expenditures necessary to a school's operations fall into this category with the largest portion going to payroll and related employee benefits and the purchase of goods and services. Operating Expenditures/Student: Total operating expenditures divided by the total number of enrolled students. Operating Revenues and Expenses: Term used in connection with the proprietary fund statement of revenues, expenses, and changes in net assets. The term is not defined as such in the authoritative accounting and financial reporting standards, although financial statement preparers are advised to consider the definition of operating activities for cash flows reporting in establishing their own definition. Other Local & Intermediate Revenues: All local and intermediate revenues NOT from local real and personal property taxes including: • Revenues Realized as a result of services rendered to other schools • Tuition and Fees • Rental payments, interest, investment income • Sale of food and revenues from athletic and extra/co-curricular activities • Revenues from counties, municipalities, utility districts, etc. Other Operating Costs: Expenditures necessary for the operation of the school that are NOT covered by Payroll Costs, Professional and Contracted Services, Supplies and Materials, Debt Services, and Capital Outlay fall into this category and include travel, insurance and bonding costs, election costs, and depreciation. This amount is recorded as Expenditure/Expense Object 6400. Other Resources: This amount is credited to total actual other resources or non -operating revenues received or residual equity transfers in. This amount is recorded under Object 7020. Payroll: Payroll costs include the gross salaries or wages and benefit costs for services or tasks performed by employees at the general direction of the school. (NOTE: Payroll amounts do not include salaries for contract workers employed by outsource companies, e.g., for child nutrition and maintenance. Therefore, this figure will vary significantly between schools that use contract workers and those that do not.) PEIMS: Public Education Information Management System, a state-wide data management system for public education information in the State of Texas. One of the basic goals of PEIMS, as adopted by the State Board of Education in 1986, is to improve education practices of local schools. PEIMS is a major improvement over previous information sources gathered from aggregated data available on paper reports. Schools submit their data via standardized computer files. These are defined in a yearly publication, the PEIMS Data Standards. Plant Maintenance & Operations: The amount spent on the maintenance and operation of the physical plant and grounds and for warehousing. Refined ADA: Refined Average Daily Attendance (also called RADA) is based on the number of days of instruction in the school year. The aggregate eligible day's attendance is divided by the number of days of instruction to compute the refined average daily attendance. Restricted Fund Balance: This is the portion of fund balance that has externally enforceable constraints made by outside parties Revenues: Any increase in a school's financial resources from property taxes, foundation fund entitlements, user charges, grants, and other sources. Revenues fall into the three broad sources of revenues: Local & Intermediate, State, and Federal. School Year: The twelve months beginning July 1 of one year and ending June 30 of the following year or beginning September 1 and ending August 31. Schools now have two options. Special Revenue Fund: A governmental fund type used to account for the proceeds of specific revenue sources (other than for major capital projects) that are legally restricted to expenditures for specified purposes. State Revenues: Revenues realized from the TEA, other state agencies, shared services arrangements, or allocated on the basis of state laws relating to the Foundation School Program Act. This amount is recorded as Revenue Object 5800. Unassigned Fund Balances: Available expendable financial resources in a governmental fund that are not the object of tentative management plans (i.e., committed or assigned). One primary criterion of rating agencies for school bonds is the relative amount of unassigned fund balance. Bond rating agencies view unassigned fund balances as a reflection of the financial strength of school and show concern when school fund balances decrease. Unmodified Opinion: Term used in connection with financial auditing. An unmodified independent auditor's opinion means there are no stated exceptions to the auditor's general assertion that the district's financial statements present fairly the financial information contained according to generally accepted accounting principles. Unrestricted Net Asset Balance: Unrestricted net asset balance refers to the portion of total net assets that is neither invested in capital assets nor restricted. WADA: Weighted Average Daily Attendance (WADA) is used to measure the extent students are participating in special programs. The concept of WADA in effect converts all of a school's students with their different weights to a calculated number of regular students required to raise the same amount of revenue. The greater the number of students eligible for special entitlements, the greater a school's WADA will be. AS co V) J-d -c ku &C UA M CT V) 45 > 0 q+-7 75 Cl- 0 0) 0 0 U 1>1 Q) Qd L— CA LL- COIL 0 L- 0 E 4--� 0 (3) 0 no qz: v 0 C -1? tin ce Q) 0 LL V) CA g E (a) x Lj 0 -0 Cd CO Ln 0 V1 0 0- E e— Ln ce -0 0 t— 0 Q) Cc: OWN um EE a (v **a Q5 Ac 0 34- 0 0 CA Ln c: Q) r- > ul) YY) 03 0 0 4—J Q 0 ce 0 0 CA 0) u 03 No 0 IS CO -0 0 kv Q) W m V) tit4w CY) cc VA.-- Q Q) -0 0 *v LUM ID "D CD CA if X Ow LUA. coo w r4 o� N In 0 u 4- 2 R bA co 4-J m 66 LA. E (U ,a m u Ilse 000 m 000 4.0 (A r4 loo! CC PH GIk tz bt (n m m CD — — — — — — — — — -- - MMMMM C—D �—D C—D �—D rj r"I r-q rll r"I ('A rA r"I VID cy, -q �14 '-'j �-j T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Conduct a public hearing and consider a resolution approving a replat for Block F, Westlake Entrada Addition. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT High Quality Planning, Design & Development - We are a desirable Planned /Responsible N/A well plannedhigh-quality Preserve Desirability , Development & Quality of Life community that is distinguished by exemplary design standards. SITMMARV The property owner, Maguire Partners — Solana Land LP, is requesting a replat on Westlake Entrada Block F to subdivide the 2.856-acre block into fifteen single-family residential lots for development. The land use is consistent with the most current approved development plan for Entrada (Ordinance 934). Per the Economic Development Agreement with the Town and the Developer (Resolution 14-46), $10,000 per lot must be furnished before recording this plat or issuing a building permit. Payments for these lots have been received by the developer. Entrada Block F currently contains five residential lots in various shapes and sizes and one "X" lot designated previously as open space on the original development plan. See the picture below for existing field conditions. Page 1 of 2 The proposed replat would amend the current configuration to contain fifteen lots for development to better comply with the current development plan of Entrada. All units are accounted for within the existing maximum zoning entitlements of 322 residential units. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The additional lots shown on the replat are consistent with the approved zoning and development plan for Entrada as amended. Per the terms of Resolution 13-17, Entrada Economic Development Agreement, the additional lots shall require the payment of $10,000 per lot into capital funds specific to Westlake Academy prior to recording the plat. Comprehensive Plan: The request complies with the Entrada development plan, which, in turn, complies with the comprehensive plan. Traffic Impact: The traffic impact of the additional lots are accounted for in the original Entrada TIA. Therefore, no additional study is needed. STAFF RECOMMENDATION The proposed replat complies with the Entrada development plan and zoning regulations. Staff recommends approval of this item. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning considered this item on November 29, 2022. An update concerning the Commission's vote will be provided at the December 5, 2022 Council meeting. ATTACHMENTS Proposed Resolution approving the replat Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO.22-72 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REPLAT OF BLOCK F, WESTLAKE ENTRADA ADDITION WHEREAS, the Planning and Zoning Commission held a public hearing on November 29, 2022 and voted unanimously to recommend approval of the replat; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 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 November 29, 2022, does hereby approve the replat as found in the attached document as Exhibit "A ff SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 51h DAY OF DECEMBER 2022. ATTEST: Amy Piukana, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Sean Kilbride, Mayor Resolution 22-72 Page 1 of 2 EXHIBITS EXHIBIT A Entrada Block F Replat Resolution 22-72 Page 2 of 2 1 , n l \ l 6 s �,r ry 1 \ U 1\ \ 1 N ?off U r I Nzo � / N Ww .� 0 I I I � � 3 _ y I I� j Q "2 m N a �m Q LL 0 LO Qo00r O Y ��ozo U wZ- z :a� N m o LLL L O 0 y'o 'o �r NjaFOyyU 'R O z � m K ZmmFN U o _ U yznz'-o % d`uGzw w In N Q W W ° W / d w w ZYtt»�pW i LL1 Y M Q�z mmZf9z YUy o 0 JNZ mm z�win U) In°w�o O� w° w �W.. O ZF za / J 1 J \ v s \ , I I I Z _ I I„ 1 �c 18 i I �e Am l Ik i I I I J rc - I / I I i I� 1 p - -- - 0 LL Qo�ou'S Q o _ >3m - - a o a _- =� _ U- in LL �aa O wo O w e Av-vm Z Z<<zU ay _- 'm ;�. oq - -- _ F . � �ln rna �wwTam W .O mnm - mtt aW�m� w m - - m d O � ZY�w — U ww ZWO mOZO JQON� Z D❑zo., N za ..ww n gvEvv - - - U) wo cr po y rm0, Z - O - - ' - n - - z - - 3 o z �mmE Em mm_m�sm m� i� mEm iz v, o �E o ira z - o ms„ iz - - -- ;; 3 _ 'o n_v3E s'0e� st o� zz P nda oo e oo[\wO-VMsIi ash ie P l3 0099VO Wdw�n . d\N d\'J""e ll'rteelMvqu T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Conduct a public hearing and consider a resolution approving a replat for Block H, Westlake Entrada Addition. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT High Quality Planning, Design & Planned / Responsible Development - We are a desirable preserve Desirability Development N/A well planned, high -quality & Quality of Life community that is distinguished by exemplary design standards. SITMMARV The property owner, Maguire Partners — Solana Land LP, is requesting to subdivide a 1.79-acre portion of Entrada Block H, specifically Lot 5 and 6X, into 9 single-family residential lots for development. The land use is consistent with Entrada's most current approved development plan (Ordinance 934). Per the Economic Development Agreement with the Town and the Developer (Resolution 14-46), $10,000 per lot must be furnished before recording this plat or issuing a building permit. Payments for these lots have been received. Entrada Block H Lot 5 and 6X currently contain one residential lot and one "X" lot. See the picture below for existing field conditions. Page 1 of 2 The proposed replat would amend the current configuration to contain nine lots for development to better comply with the current development plan of Entrada. All units are accounted for within the existing maximum zoning entitlements of 322 residential units. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: The additional lots shown on the replat are consistent with the approved zoning and development plan for Entrada as amended. Per the terms of Resolution 13-17, Entrada Economic Development Agreement, the additional lots shall require the payment of $10,000 per lot into capital funds specific to Westlake Academy prior to recording the plat. Comprehensive Plan: The request complies with the Entrada development plan, which, in turn, complies with the comprehensive plan. Traffic Impact: The traffic impact of the additional lots are accounted for in the original Entrada TIA. Therefore, no additional study is needed. STAFF RECOMMENDATION The proposed replat complies with the Entrada development plan and zoning regulations. Staff recommends approval of this item. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning considered this item on November 29, 2022. An update concerning the Commission's vote will be provided at the December 5, 2022 Council meeting. ATTACHMENTS Proposed Resolution approving the replat Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO.22-73 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REPLAT OF BLOCK H, WESTLAKE ENTRADA ADDITION WHEREAS, the Planning and Zoning Commission held a public hearing on November 29, 2022 and voted unanimously to recommend approval of the replat; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 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 November 29, 2022, does hereby approve the replat as found in the attached document as Exhibit "A ff SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 51h DAY OF DECEMBER 2022. ATTEST: Amy Piukana, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Sean Kilbride, Mayor Resolution 22-73 Page 1 of 2 EXHIBITS EXHIBIT A Entrada Block H Replat Resolution 22-73 Page 2 of 2 11 � t i x a ❑� o �➢ 0 o Z 10 > _ z ��z m Q - - v = w a v < 'm _ �gdmm�aNN W Z LO w m ayz Qam OF--w-m.N��zw>wY�o w> 3 0 - - - - - - 3va - - _ Q N J W �M, d �� zU�yw U o� _ ' - ry ry -Ormm W m Q Oa ,w Z W Z 2 Q V � - mm?a O�LLO m _~0 m_j COQaw w A ` r U W W �Uwr� OAF ZmZ w zzap� _ 3 _ _ - - - a3 A mo iz 0 - Sz to l0 3 I to 00 OF w - o - - Fi - - - 8 - - - _ 3 3 . ' 03 lw w 3H- 3s T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Conduct a public hearing and consider an ordinance approving the following: (1) A zoning change request from PDl-1 (known as the "Solana" development) to PD1-2 (known as the "Entrada" development) on Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, located at the 1600 block of Solana Blvd. (2) Amendments to Ordinance 703 (Entrada Zoning Regulations), as amended, incorporating Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, and (3) Amendments to Ordinance 720 (Entrada Development Plan), as amended, incorporating Lot 2R1, Block 1, Westlake/Southlake Park Addition 41 STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT High Quality Planning, Design & Development - We are a desirable Planned /Responsible N/A well plannedhigh-quality Preserve Desirability , Development & Quality of Life community that is distinguished by exemplary design standards. SUMMARY Mike Beaty, representing Maguire Partners Solana Land LP (the Entrada developer), is requesting to rezone 23.2 acres of land currently located in the adjacent Solana development, hereafter referred to as the "subject property", and incorporate the land into the Entrada development. The subject property is currently owned by Corelogic Real Estate Solutions. The reason for the request is to move existing single family residential entitlements from the "phase two' portion of the Entrada development currently owned by the developer, located along State Highway 114, to the subject property and replace the current residential zoning in phase two with commercial zoning given the upcoming completion of the State Highway 114 service road. To approve this request, the following items are required: Page 1 of 10 1. The subject property, currently zoned PDl-1 (Solana), must be rezoned to PD1-2 (Entrada); 2. The Entrada zoning must be amended to incorporate the additional property; 3. The Entrada development plan must be amended to incorporate the additional property and to swap out the residential entitlements in the phase two portion of the development plan for commercial uses and move the residential entitlements to the subject property. All of these actions are included in the proposed ordinance. COUNCIL ACTION/OPTIONS • Approve the proposed Ordinance; • Approve the Ordinance with conditions/modifications; • Deny the proposed Ordinance; • Table the item(s). PLANNING AND ZONING RECOMMENDATION The Planning and Zoning considered this item on November 29, 2022. An update concerning the Commission's vote will be provided at the December 5, 2022 Council meeting. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Funding Source: N/A Contract: No Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: Any new lots created must be included within the entitled 322 housing units per the Entrada zoning regulations. Per the terms of Resolution 13-17, Entrada Economic Development Agreement, the additional lots that would ultimately be approved on the subject property as part of a future site plan require the payment of $10,000 per lot into capital funds specific to Westlake Academy prior to recording the plat. Given the incorporation of the subject property into the existing Entrada zoning regime, these terms may be further modified as part of a future economic development agreement specific to the subject property. Comprehensive Plan: The request generally complies with the comprehensive plan. Traffic Impact: As mentioned in the following report, a traffic impact analysis is recommended upon the submission of a site plan for the subject property. STAFF RECOMMENDATION Should the Town Council vote to approve the request, staff proposes the following conditions, which are contained in the proposed ordinance: The land depicted on Exhibit "A", and any subsequent development and/or redevelopment, shall conform to the provisions of Ordinance 760 (Entrada Design Guidelines). Page 2 of 10 2. The development plan is hereby amended to incorporate the area labeled as "Area One" in Exhibit "B" for future single family and commercial uses subject to the approval of a site plan for "Area One" by the Town Council upon the recommendation of the Planning and Zoning Commission. Upon submission of said site plan, a development plan amendment shall also be submitted that conforms to the site plan. The configuration of lots and streets as depicted in "Area One" in Exhibit "B" is shown for informational purposes only. The final configuration of lots, streets, land uses, building massing, etc. shall be determined upon the consideration of the site plan for "Area One". 3. The development plan is hereby amended removing all residential uses from the phase two portion of the development plan, labeled as "Area Two' on Exhibit "B". 4. All commercial uses in "Area One" existing as of the date of this ordinance are hereby considered to be legal conforming uses. However, any change in use, expansion or significant alteration as determined by the town manager or designee shall require the approval of a site plan amendment. 5. Upon submission of the site plan for "Area One", a paved roadway connection from the "Area One" to Cortes Drive shall be indicated on the site plan with further conditions on the construction of the roadway connection included with the site plan approval. 6. No final plat for any residential lots in "Area One" shall be recorded and no residential building permits shall be issued until the following requirements are met: a. There are sufficient substantially complete non-residential buildings constructed in the development per the terms of the Entrada zoning regulations; b. A development agreement and/or economic development agreement is approved by the developer and the Town Council that, at a minimum, incorporates the "Area One" property into the existing Entrada approved agreements, as amended. C. The traffic signal at Cortes Drive and Solana Blvd. is constructed per the terms of the Entrada development agreement and is operational as determined by the town manager or designee; d. These terms may be modified or amended as part of the required site plan approval for "Area One" and/or through an development agreement amendment. 7. A traffic impact analysis shall be submitted as part of the site plan submittal for "Area One". 8. All principal land uses located adjacent to SH 114 in "Area Two' shall contain sales tax generating retail and/or restaurant uses. Page 3 of 10 9. Land uses and development shown on "Area Three", as shown on Exhibit "B", are not approved as part of this amendment and shall conform to the relevant portions of the development plan amended by Ordinance 934. 10. All provisions of Ordinances 703 and 720, as amended, shall remain in full force and effect, except where amended herein. ATTACHMENTS • Location Map • Zoning Map • Narrative from Developer • Existing Entrada Development Plan • Subject Property Exhibits • Proposed Development Plan Amendment • Proposed Ordinance PLANNING AND DEVELOPMENT ANALYSIS SUBJECT PROPERTY EXISTING CONDITIONS AND HISTORY The subject property is currently zoned PDl-1 and is platted. The southern two-thirds of the property is undeveloped while the northern one-third of the property is developed as a parking lot that serves The Terraces office development in the larger Solana development. The parking lot is overlayed by a parking easement that guarantees parking rights to The Terraces property owner, which is currently Glenstar Properties. The current PDl-1 zonin4 allows a mix of commercial uses including retail, office and service uses, among others, upon the approval of a site plan. Residential uses are not permitted. Current setback requirements are 100 feet from Solana Blvd, the side yard, and the rear yard. ENTRADA ZONING AND HISTORY As a planned development district governing a mixed -use development, the Entrada development contains a somewhat complex regulatory structure that includes multiple zoning amendments, development plan amendments, design guideline requirements, site plan approvals and development agreements and amendments, described as follows: Entrada Zoning Regulations — includes approved land uses, setback requirements, general development procedures and standards. Entrada Development Plan — serves as the master land use and spatial plan for the development. Should be consistent with the public improvement district (PID) service area plan and vice -versa. Page 4of10 Entrada Site Plans — these plans are highly detailed and are meant to demonstrate compliance with relevant regulatory requirements. Site plans may or may not require Commission and Town Council approval depending on the degree of deviation between the site plan proposal and the regulatory requirements. Entrada Design Guidelines — The design guidelines contain the specific architectural requirements for all development in Entrada including building style, material and articulation elements for buildings and signage. Entrada Development Agreements— Agreements tend to focus more on public infrastructure and improvements. However, they also may address construction timing and performance, architecture, economic development conditions and many other more detailed requirements that, legally, may possibly not be placed in zoning regulations. Most of the above regulatory documents can be viewed on the Town's web page at the following link: https://www:westlake-tx.org/555/Entrada. ENTRADA RESIDENTIAL REQUIREMENTS Exhibit 7 of Ordinance 703 (Entrada zoning regulations) contains the housing requirements for Entrada, as follows: Page 5 of 10 4/ 16/2013 16:42 * '- r-M ItIaMMEEM• 3221Total Number of Residential Units Allowed Actual Unit mix to be determined at each Concept Site Plan Single -Family, Detached Homes: 2500 sq. ft. Townhomes (Attached): 1,800 sq. ft. Minimum Home Size Minimum Home Size Condominiums - residential: Size, number, and configuration to be approved by SUP. 322 Total # of Proposed Residential Units 114 35.4% % Between 1800 sqft AC and 2500 sqft AC 110 34.2% % Between 2500 sqft AC and 3600 sqft AC 98 30.4% % Between 3600 sqft AC and 12,000 sqft AC 322 Total Number of Residential Units Upon Completion of the Residential Component, the average Residential Unit size will exceed 2500 sqft TBD: Final Residential Unit Mix TO BE DETERMINED at Final Site Plans for each Phase of Development Per this exhibit, the maximum number of residential units in Entrada is 322 units. While there are minimum square footage thresholds for single family residences in Entrada, there are no specific requirements for condominiums, for which the above exhibit defers these details to the submission of a Specific Use Permit application. ENTRADA RESIDENTIAL VS. COMMERCIAL PERFORMANCE STANDARDS Section 3.1.1. of Ordinance 703 requires a minimum amount of non-residential building area to be "substantially complete" no later than six months after issuing a building permit for a residential structure per the following summary: Substantially Complete Commercial Square Footage Residential Units Allowed for Permitting 45,000 30 units Each additional 1,500 sq.ft. 1 unit Based on the above performance requirement, the following shows the status as of today: Total substantially complete non-residential square footage to date: 116,539 sq.ft. Total residential units allowed to date: 78 units Total residential units permitted to date: 58 units Page 6 of 10 Surplus residential allowance to date: 20 units When the residential repository (currently under construction) is within six -months of becoming substantially complete, an additional 58 residential units will become available for permitting in the development. The following map shows the 58 building permits issued for residential construction in Entrada: ]a PROPOSED DEVELOPMENT PLAN AMENDMENT Per the exhibit below, the applicant proposes to develop the subject property for 52 single family lots. The applicant also requests the streets on the subject property be private and the lots be gated from the rest of the development. Subject property proposed layout Page 7 of 10 These new lots would be "transferred" from the phase two portion of the existing development plan as shown below. Phase two currently shows 26 residential lots and two commercial lots, although three residential lots are shown as "attached" and could contain additional units. Although phase two is currently undeveloped with no public improvements, it is part of the Entrada PID. As part of the proposed amendment, the applicant proposes to add four commercial pad sites along the portions of phase two with freeway frontage as follows: Page 8of10 Each pad site would contain between approximately one to three acres. The remainder of phase two would also convert to commercial from residential. The canal would be reduced to a singular water feature providing a natural amenity for potential outdoor seating areas for prospective restaurants to utilize. Access to the pad sites would be from a realigned road that parallels the new SH 114 service road. The applicant also shows proposed changes to Blocks B and P on the phase one (area three) portion of the proposed development plan amendment. Staff recommends that these changes not be included in the current request. Rather, staff recommends that these potential changes be addressed in conjunction with a future site plan request. ANALYSIS OF REQUEST Housing and Performance Standards. Per the analysis above, there are currently 20 residential units available to be permitted based on the amount of completed non-residential construction. Within six months of the residential repository building reaching substantially complete status, an additional 58 residential units will become available for permitting. However, based on the number of approved, but unpermitted, lots shown on the current development plan, an additional 58 units could be permitted inside of the phase one portion of the development, thereby leaving the proposal for the subject property potentially unable to issue permits until additional non- residential construction is permitted and reaches substantially complete status. Given this condition, staff recommends that no residential permits be issued on the subject property until, at a minimum, an additional 78,000 square feet of non-residential construction is permitted and reaches substantial completion. Traffic impact and access. The 52 lots proposed for the subject property are projected to generate approximately 520 additional vehicle trips per day. Staff recommends that a traffic impact analysis be performed as part of the site plan submittal for the subject property. Staff also recommends that construction of the traffic signal at Solana Blvd. Page 9 of 10 and Cortes Drive, as required by Resolution 13-34 (Entrada Development Agreement), be constructed and operational prior to the issuance of any building permits on the subject property. Design. All construction on the subject property must comply with the Entrada design guidelines. Given the amount of detail needed to ensure compliance with the design guidelines and development theme, staff recommends that a detailed site plan and future development plan amendment, approved by the Town Council upon the recommendation of the Planning and Zoning Commission on a future agenda, be required prior to development of the subject property. Parking. There are 400 existing parking spaces on the subject property that will remain. These spaces may be used, as part of a shared parking agreement, for additional Entrada parking. It's also possible that a structured deck could be built over the existing lot to provide even more parking to accommodate future parking demand in Entrada. Given the existence of the parking easement that overlays the current parking lot, staff recommends that the developer seek legal rights to utilize said parking for Entrada and provide documentation to the Town. Residential Density. Given a total development area of 85.9 acres with 322 maximum residential units, the maximum residential density for Entrada is 3.7 dwelling units per acre. Incorporating the subject property into Entrada at 23.2 acres of land serves to reduce the maximum residential density to 3.0 dwelling units per acre. PID. The developer intends to fund all infrastructure on the subject property independently. The PID service area plan for phase two will require amendments given the proposed changes to land use prior to construction of public improvements. Page 10 of 10 "a 714 wl"I'm E"M m CL bo c OF 0 N 9 .. ..... .. I. C)j Wo io z z W ca 0 z 4,1 Ile, <t" IAA Narrative Provided by Developer It is our desire to expand the existing PD-1-2 zoning for Entrada over to the adjacent Core Logic Property (22.140 acres). We will not be asking to increase our current residential unit count above the existing 322 units, and we will also be implementing the Entrada Design Guidelines on to the property in their entirety. The current proposed plan is to develop a gated Enclave of 52 +/- villa home sites for fee -simple product. The gate will provide product separation from the remaining homesites in Entrada. We have also accommodate the recent requests from the Fire Marshall to have wider streets that are less curvilinear. 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N m (/] fn V1 U) Ui N Cl O C: CO W � m w z z w' 1 Uj Lu O V) w �- O C TOWN OF WESTLAKE ORDINANCE NO. 959 AN ORDINANCE REZONING LOT 2R1, BLOCK 1, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE, DEPICTED IN EXHIBIT "A" ATTACHED HERETO, FROM PD1-1 "PLANNED DEVELOPMENT DISTRICT NUMBER ONE -PLANNING AREA ONE" TO PD1-2 "PLANNED DEVELOPMENT DISTRICT NUMBER ONE - PLANNING AREA TWO"; AMENDING ORDINANCES 703 AND 720, AS AMENDED, INCORPORATING LOT 2R1, BLOCK 1, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, on November 16, 1992 the Town Council of the Town of Westlake, Texas approved Ordinance 202 establishing the PD1 zoning district; and WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into three separate planning areas known as PD1-1, PD1-2 and PD 1-3; and WHEREAS, on April 22, 2013, The Town Council of the Town of Westlake, Texas approved Ordinance 703, establishing zoning regulations for Planned Development District 1-2 (PD1-2), commonly known as Westlake Entrada; and WHEREAS, On October 28, 2013, the Westlake Town Council approved Ordinance 720, which approved the Development Plan for Planned Development District 1-2 (PD1-2); and WHEREAS, On June 19, 2017, The Town Council approved Ordinance 830, which amended Ordinance 720 (Entrada Development Plan) by amending only the Phase Two portion of the Development Plan; and WHEREAS, On April 30, 2018, the Westlake Town Council approved Ordinance 852, which amended Ordinance 703 (Entrada Zoning Regulations) by amending residential versus commercial performance standards; and WHEREAS, On May 18, 2020, the Westlake Town Council approved Ordinance 908 which amended Ordinance 703 (Entrada Zoning Regulations) by adding the use of a private sporting club; and WHEREAS, On October 26, 2020, The Town Council approved Ordinance 918, which amended Ordinance 720 (Entrada Development Plan), and repealed Ordinance 830, by approving various graphics changes and amendments to Block P and Block K; and Ordinance 959 Page 1 of 6 WHEREAS, On August 23, 2021, The Town Council approved Ordinance 934, which amended Ordinance 720 (Entrada Development Plan) and repealed Ordinance 918, approving the removal of the amphitheater and addition of the repository to Block C and amendments to Block B, and adding new performance standards; and WHEREAS, On August 23, 2021, The Town Council approved Ordinance 935, which amended Ordinance 703 (the Entrada zoning regulations), approving amendments to the site plan approval process, and adding the use of a residential repository; and WHEREAS, a zoning change application was received requesting that Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, be zoned from PDl-1 to PD1-2 and incorporated into the Entrada development; and WHEREAS, the applicant, and current Entrada developer, seek to amend Ordinance 720 (Entrada Development Plan), as amended, in order to move residential uses from phase two of the development plan to Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, and replace said residential uses on phase two with commercial uses; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property and the PD1-2 zoning district, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on November 29, 2022 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval zoning change; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property and the PD1-2 zoning district, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on December 5, 2022 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, 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 rezoning request, and these amendments to Ordinances 703 and 720, as amended, 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. Ordinance 959 Page 2 of 6 SECTION 2: That Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, as depicted in Exhibit "A", is hereby rezoned from PD 1-1 to PD 1-2. SECTION 3: That Ordinance 703 (Entrada Zoning Regulations), as amended, is hereby amended by incorporating Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, as depicted in Exhibit "A", into the Westlake Entrada development. Lot 2R1, Block 1, Westlake/Southlake Park Addition 41 shall be subject to all provisions of Ordinance 703, as amended. SECTION 4: That Ordinance 720 (Entrada Development Plan), as amended, is hereby amended by incorporating Lot 2R1, Block 1, Westlake/Southlake Park Addition 41, as depicted in Exhibit "A", into the Entrada Development Plan as shown in Exhibit `B", subject to the following conditions: A. The land depicted on Exhibit "A", and any subsequent development and/or redevelopment, shall conform to the provisions of Ordinance 760 (Entrada Design Guidelines). B. The development plan is hereby amended to incorporate the area labeled as "Area One" in Exhibit `B" for future single family and commercial uses subject to the approval of a site plan for "Area One" by the Town Council upon the recommendation of the Planning and Zoning Commission. Upon submission of said site plan, a development plan amendment shall also be submitted that conforms to the site plan. The configuration of lots and streets as depicted in "Area One" in Exhibit `B" is shown for informational purposes only. The final configuration of lots, streets, land uses, building massing, etc. shall be determined upon the consideration of the site plan for "Area One". C. The development plan is hereby amended removing all residential uses from the phase two portion of the development plan, labeled as "Area Two' on Exhibit `B". D. All commercial uses in "Area One" existing as of the date of this ordinance are hereby considered to be legal conforming uses. However, any change in use, expansion or significant alteration as determined by the town manager or designee shall require the approval of a site plan amendment. E. Upon submission of the site plan for "Area One", a paved roadway connection from the "Area One" to Cortes Drive shall be indicated on the site plan with further conditions on the construction of the roadway connection included with the site plan approval. F. No final plat for any residential lots in "Area One" shall be recorded and no residential building permits shall be issued until the following requirements are met: (1) There are sufficient substantially complete non-residential buildings constructed in the development per the terms of the Entrada zoning regulations; Ordinance 959 Page 3 of 6 (2) A development agreement and/or economic development agreement is approved by the developer and the Town Council that, at a minimum, incorporates the "Area One" property into the existing Entrada approved agreements, as amended. (2) The traffic signal at Cortes Drive and Solana Blvd. is constructed per the terms of the Entrada development agreement and is operational as determined by the town manager or designee; (3) These terms may be modified or amended as part of the required site plan approval for "Area One" and/or through an development agreement amendment. G. A traffic impact analysis shall be submitted as part of the site plan submittal for "Area One". H. All principal land uses located adjacent to SH 114 in "Area Two" shall contain sales tax generating retail and/or restaurant uses. L Land uses and development shown on "Area Three", as shown on Exhibit `B", are not approved as part of this amendment and shall conform to the relevant portions of the development plan amended by Ordinance 934. J. All provisions of Ordinances 703 and 720, as amended, shall remain in full force and effect, except where amended herein. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: 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 8: This ordinance shall take effect immediately from and after its passage as Ordinance 959 Page 4 of 6 the law in such case provides. PASSED AND APPROVED ON THIS 51h DAY OF DECEMBER 2022. ATTEST: Sean Kilbride, Mayor Amy Piukana, Town Secretary Acting Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 959 Page 5 of 6 EXHIBITS EXHIBIT A- Final Plat of Lot 2R1, Block 1, Westlake/Southlake Park Addition 41 EXHIBIT B- Amended Development Plan Exhibit Ordinance 959 Page 6 of 6 QN FRI 'go FE �`�-.-7 ------------------------------------------- T H'i pq Ay wo HN p @ IT I 'o Mg '6. �Ml g- woo ON !M 11 H. io, di. N aZ.8 0 F4 lki v G Zc�v�nv ��ro v.. vd - N . -'CO0000000 O n o m_-- 2 Y UUUUUUUUUU 2999000000 m m m m m m m m m m U p Nv N cT i n a� �� TAT � T n m W,- ...... _ Z ._.. _.. ._. ... ... ... ....CL _ 4. p n o n o o ❑ o r., O ❑ o o y Q 0 p m o O rc o m 0 cC 0 0 0 0 0 w 0 m 0 m 0 rt 0 K 0 w 0 ri N m N 2 � a U) m fn n. N m (/] fn V1 U) Ui N Cl O C: CO W � m w z z w' 1 Uj Lu O V) w �- O C T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Conduct a public hearing and consider an ordinance approving amendments to Ordinance 591 amending the concept plan for the PD3-12 zoning district, and, approving amendments to Ordinance 920 approving a concept plan for the PD2-12A zoning district to allow for the expansion of the Deloitte University campus, generally located east of J.T. Ottinger Road, north of Dove Road and southwest of the southern terminus of Westlake Parkway. STAFF: Ron Ruthven, Planning and Development Director STRATEGIC ALIGNMENT High Quality Planning, Design & Development - We are a desirable Planned /Responsible N/A well plannedhigh-quality Preserve Desirability , Development & Quality of Life community that is distinguished by exemplary design standards. SUMMARY Deloitte University is requesting approval of a concept plan for the phase two portion of the Deloitte University campus. The proposed concept plan also serves to amend the existing approved concept plan for the phase one portion of the campus. The request involves a significant expansion of the existing campus in order to increase business operations in Westlake. Approval of the concept plan and amendment is required to move forward with site preparation and subsequent site plan approval. COUNCIL ACTION/OPTIONS • Approve the proposed Ordinance; • Approve the Ordinance with conditions/modifications; • Deny the proposed Ordinance; • Table the item(s). PLANNING AND ZONING RECOMMENDATION The Planning and Zoning considered this item on November 29, 2022. An update concerning the Commission's vote will be provided at the December 5, 2022 Council meeting. Page 1 of 5 FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Contract: No Funding Source: N/A Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: There are no enrollment impacts to Westlake Academy. Comprehensive Plan: The request generally complies with the comprehensive plan. The trail and park requirements noted in the memo below will be addressed as part of the site plan review. Traffic Impact: No new access points to the site are proposed. Traffic impacts will be examined as part of the site plan review, which includes the submission and review of a traffic impact analysis. STAFF RECOMMENDATION Staff recommends approval subject to the following condition, which is contained in the draft ordinance: • As a condition of the approval of the concept plan depicted in Exhibit "A", a site plan, containing, at a minimum, all information required by Section 102 of the Code of Ordinances, shall be submitted for review and shall require final approval by the Town Council upon the recommendation of the Planning and Zoning Commission prior to the issuance of any building permit for vertical construction of a new building and/or building addition. ATTACHMENTS • Location Map • Narrative from Applicant • Approved Phase One Concept Plan • Proposed Ordinance containing revised Concept Plan PLANNING AND DEVELOPMENT ANALYSIS EXISTING SITE CONDITIONS The Deloitte University site includes the phase one and phase two portions, broken down as follows: Phase One: Total acres: Zoning: Plat status: 106.9 acres PD3-12 (Ordinance 591 Platted Page 2 of 5 Phase Two: Development status: Year developed: Total building area/number: Total guest rooms: Total parking: Total acres: Zoning: Plat status: Development status: Developed 2010 (Site Plan Resolution 09-18) 765,000 square feet / 2 buildings 800 598 spaces 117.64 acres PD3-12A (Ordinance 920) Not platted Undeveloped BREAKDOWN OF PROPOSAL According to the attached concept plan exhibit, the campus will be expanded as follows: Phase One • A parking deck will be added the western portion of the campus; • A new guest room building will be added south of the existing guest room building; • The northeast portion of the existing guest room building will be expanded to include a new fitness facility, departure lobby and offices. Phase Two • A new guest room building will be constructed on the northern portion of the property; • A second social venue will be constructed in the middle of the property. According to the concept plan, the total additional square footage of the proposed expansion will be between 600,000 and 650,000 square feet. Both the PD3-12 and PD3-12A zoning districts allow the proposed principal use: "Hotel/Motel with Conferencing Facility", along with any related ancillary uses not to exceed 1,250,000 square feet for PD3-12 and 1,000,000 square feet for PD3-12A respectively. SITE ACCESS The campus is currently served by two vehicular access points: J.T. Ottinger Road on the west, and Westlake Parkway on the northeast. No additional access points to the development are planned as part of the proposed expansion. Access to the development from Dove Road is restricted by the zoning for the subject properties. Both the north and west entry/exitpoints to/from the development traverse across land that is not owned by Deloitte. Access across these areas is granted by the property owner, Hillwood, through access easements and through a development agreement between Hillwood, Deloitte and the Town. Any additional traffic generated by the proposed expansion will be examined upon submission of the site plan. Page 3 of 5 BUILDING DESIGN Building design is generally required to meet the provisions of the Building Quality Manual. Review of building design will occur as part of the review of the site plan. COMPREHENSIVE PLAN RECOMMENDATIONS The request complies with the 2015 Comprehensive Plan. The Thoroughfare Plan was amended in 2021 to remove the addition of an arterial street along the eastern portion of the subject property. However, a future trail extension that shows as paralleling the removed street remains on the trails plan. Additionally, a future neighborhood park is shown on the parks plan at the approximate southeast corner of the subject property. These items are not required to be shown on the concept plan and may be addressed in the future, either as part of the subject development, or through a separate policy review of the Comprehensive Plan. NEXT STEPS Based on the planned development district zoning that governs the subject property, approval of a concept plan is the one of the first steps in developing the property. The following is a regulatory development chronology (past/present/future) for the subject property: Phase One • March 24, 2008 — Economic Development agreement approval Resolution 08-19 Resolution 08-20 • June 9, 2008 - Zoning and Concept Plan approval • June 9, 2008 — Development Agreement approval Resolution 08-36 • April 13, 2009 — Site Plan approval Resolution 09-18 • April 13, 2009 — Preliminary Plat approval Resolution 09-19 • August 10, 2009 — Final Plat approval Resolution 09-43 Page 4 of 5 • November 23, 2009 — Building Permit issued Phase Two • January 25, 2021 - Zoning approval (P&Z and Council approval required) • March 29, 2021 — Economic Development agreement approval (Council approval required) Resolution 21-12 • December 5, 2022 — Concept plan approval (P&Z and Council approval required) • TBD — Site grading, paving, utility and drainage construction plan review (staff only) • TBD — Notice to proceed with site work (grading, paving, utility and drainage — staff only) • TBD — Site Plan approval (P&Z and Council approval required) • TBD — Development Agreement approval (Council approval required) • TBD — Final Plat approval (P&Z and Council approval required) • TBD — Building permit issuance (staff only) Page 5 of 5 GensIlll iiir ')00"i doll¢ o rival 11c Av^ inu a U^^II 1 U. 113A')00 USA Ron Ruthven, AICP Planning and Development Director Town of Westlake 1500 Solana Blvd. Building 7, Suite 7200 Westlake, TX 76262 Re: Deloitte University - Project Star Concept Plan Dear Ron, Per the terms of Resolution 21-12, Exhibit A, Section 8, the concept plan will be considered for approval Overall description of the project: As part of the next phase in the evolution of the Deloitte University Westlake campus, Deloitte intends to construct a new state of the art, privately owned conference, learning and lodging facilities. The facility will continue to serve as the firm's premier a learning and leadership development location for Deloitte's employees and clients. The existing buildings reside on improved 107 acres, including a 700,000 sq ft facility and 10,000 sq ft entertainment venue. Deloitte acquired the adjacent unimproved 118 acres resulting in an entire 225 -acre campus. The expansion plan calls for new structures to be built on the campus, including guestrooms comparable to a 4-star quality hotel, social venue, ballroom, and a state-of-the-art conference & learning facility, and parking structure. The common areas may include onsite dining options, coffee/wine bars, fitness center, and outdoor learning and amenities. Development Timeline: Civil Infrastructure Package Permit Submission: • January 6, 2023 Building Package Permit Submissions: • September 2023 — December 2023 (Multiple Packages) Anticipated Construction Start Dates: • Grading Permit Issued: April 2023 • Building Permits Issued : December 2023 Completion and Certificate of Occupancy: • October 2025 Juan D.Fernandez Client Strategy Director +1214.866.2409 Direct +1214.914.6070 Mobile 5005 Greenville Avenue Dallas, Texas 75206 kil �7T 0 1 pis.. mu W4 �r ,F '"µ' `^aF ,Ea�;pr ei �a 85y Y✓qV' k„ic�°i� f ° fiNV h�' �A n_ fis �i pppy b 1 n� N MM Mv CIO w UJI ti i r KK 4 f 160 r� owl, v `& '' 4µ �d a ' r+eNi .b R I' "s cut ' f i f !, f� r r r u�siroIN � w n J � m � ��w »or s IB h� �p Rua �gM ppl IIµ a lu�� a u tl"sMom � Iq �f � u s �� 1V eui d� se�p �� , 'u�, pmV Y �' "�' �� ry 107 .. m_.w e i r r io/�l `ON a:)Ueu!PJO 01 Z Ind '!! TOWN OF WESTLAKE ORDINANCE NO. 960 AN ORDINANCE AMENDING THE CONCEPT PLAN CONTAINED IN ORDINANCE 591, DEPICTED IN EXHIBIT "3" OF EXHIBIT "2" THEREOF; AND, AMENDING ORDINANCE 920, APPROVING A CONCEPT PLAN; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, on June 9, 2008 the Town Council of the Town of Westlake, Texas approved Ordinance 591 establishing the PD3-12 zoning district and approving a concept plan for the district; and WHEREAS, on April 13, 2009 the Town Council of the Town of Westlake, Texas approved Resolution 09-18 approving a site plan for the PD3-12 zoning district; and WHEREAS, on January 25, 2021 the Town Council of the Town of Westlake, Texas approved Ordinance 920 establishing the PD3-12A zoning district including the requirement that a future concept plan be approved prior to development; and WHEREAS, the PD3-12 and PD3-12A zoning districts are adjacent to each other and owned by the same entity, who currently owns and operates Deloitte University in the PD3-12 zoning district; and WHEREAS, the property owner seeks to develop and expand the Deloitte University campus in both the PD3-12 and PD3-12A zoning districts; and WHEREAS, the property owner has submitted a revised concept plan that depicts the proposed expansion and seeks to replace the concept plan approved by Ordinance 591 for PD3-12 with a revised concept plan attached hereto, which shall also serve to satisfy the requirement for the concept plan required by Ordinance 920 for PD3-12A; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the PD3-12 and PD3-12A zoning districts, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on November 29, 2022 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of zoning amendment; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the PD3-12 and PD3-12A zoning districts, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on December 5, 2022 by the Town Council; and Ordinance 960 Page 1 of 4 WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, 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 concept plan 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 Ordinance 591, Exhibit 3 of Exhibit 2 (PD3-12 concept plan), is hereby repealed and replaced by the attached Exhibit "A". SECTION 3: That Ordinance 920 is hereby amended by approving a concept plan for the PD3-12A zoning district, attached and depicted in Exhibit "A". SECTION 4: As a condition of the approval of the concept plan depicted in Exhibit "A", a site plan, containing, at a minimum, all information required by Section 102 of the Code of Ordinances, shall be submitted for review and shall require final approval by the Town Council upon the recommendation of the Planning and Zoning Commission prior to the issuance of any building permit for vertical construction of a new building and/or building addition. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: 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 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. Ordinance 960 Page 2 of 4 PASSED AND APPROVED ON THIS 5fh DAY OF DECEMBER 2022. ATTEST: Sean Kilbride, Mayor Amy Piukana, Town Secretary Acting Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 960 Page 3 of 4 EXHIBITS EXHIBIT A- Concept Plan Ordinance 960 Page 4 of 4 19 b 0n oN a o�b 010 cc ii i� �0000000000 LL 2i I O �u G u W loot% ion �luuulpumu� ulluuumuuuu°II ullumuu I .IiIVum�li III Il�uuplul �I� � IIIIIIIIIIIIIIIIIIII uuu �' ImmuV uuuuuumuuumiill a"iuumuulll IIVIm�ll uuuuumuuumm uuuuuol IuulV pumU 4—JI LU Cu um�o IIII IIIIIII�IIIIIIIIIV� III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uu uuuuul mm uuullll� uuu luuuuuuuuuuu uuu�llll� uuuuuol lour IIVIm,,ll II� IIVIm,,ll III IIIIIIIIIIIIIIIIIIII � ulu uuuuum uu Cu > II uul Cu „Ilplllllllllllll� IIIII uumumuu�l°��I� ul uuuumllllll lum�umull IIIIII uuuuuw�wwu pVlulu' .IiIVum�li �,� uuuuuol Iluuumu IIVIm III � L : I �IuulVpumU� umuu. o�IWmppppml uuu uuuuuuuuuuuuuuuuuuuuum uum�o� uuu ul�u IIII � uuuuuuuuuvuuuuw I �� II �� uuuuuuuuum �uw � wuuuuuuwwwW I uuu �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIII Illlluluu uuuuuuuuu°°°uuuuum uuum 06% ouuuum mums ,. 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I V I Nn I v V S. 33 ti ppj c c Q �ay q, At Z 01 U E b c , r1j, �l , 05 0I 'a W v" w j" :w Mw I n < I S > x uj T" I IN IN 1 m 91 C168 00000000io �000000000a Liu cc ii �0000000000 LL �uuuum000m F— a c� a a T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Consideration of a Resolution Approving an Economic Development Program Agreement between the Town of Westlake and the Marriott Dallas/Fort Worth Westlake Hotel. STAFF: Amber Karkauskas, Director of Finance STRATEGIC ALIGNMENT Vision, Value, Mssion Perspective Strate0c Theme & Results Outcome Obiective Exemplary Service & Governance - We set the standard by delivering Increase Revenue Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Streams educational services at the lowest cost. SUMMARY This proposed economic development hotel support agreement includes both the shuttle bus transportation costs as well as the group bookings incentives. If approved, this would be the twelfth consecutive year the Town has partnered with the Marriott Dallas/Fort Worth Westlake Hotel ("Marriott") regarding the "Incentive Program". Prior to 2012, the Town participated in only the Hotel's shuttle bus system costs. Below is a description of both portions of this proposed economic development grant that would disburse hotel/motel occupancy tax funds from the Town to the Marriott, as well as additional changes to the proposed renewal: Group Business Incentive Program. The adopted FY23 budget includes $25,000 for this portion and Marriott is asking for the agreement renewal to be increased to $50,000. The incentive is based on an actualized total room nights related to the sliding scale noted in Exhibit B with per room funds capped at $5,000 per group and catering per person capped at $2,500 per group. ■ Shuttle Bus Transportation Cost Participation. An amount of $80,000 has been adopted in FY23 budget for the Town's participation toward the Marriott's operating cost of providing shuttle bus service to its guests. Marriott is requesting this budget be increased to $100,000. Marriott management has shared with Council in previous meetings the Page 1 of 3 importance this shuttle bus service has to this property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center, the new Marriott Delta hotel and the Westin, the Marriott near the Texas Motor Speedway, and other smaller hotels along SH 114. Now this assistance is even more important with the addition of more hotels in our area and in the economic recovery from Covid. The shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of recovery and growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott guests, this bus service also provides hotel guests with transportation to area shopping/entertainment venues (Southlake Town Center) and corporate training centers. ■ The renewal language has been updated to reflect the following changes: o An evergreen clause in §3 has been added to allow for an autorenewal of the agreement provided that Council has adopted budgeted funds each fiscal year, otherwise a 30 day termination notice is provided; and o Requirements for new business in §3.1 and in Exhibit B have been removed as all business booked by Marriott is a benefit to the Town. The Town receives 7% of the total 13% hotel/motel occupancy tax allowed by State law. This proposed grant agreement is a reinvestment in the tourist sector of the Town's economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which allows the Marriott to more effectively compete in a recovering, but still very competitive, hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott to the Town. These reports will be important for evaluating the success and impact of this economic development grant in (1) maintaining this important Town revenue stream; and, (2) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such, this agreement also includes "claw back" provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds be repaid with interest. Additionally, if it is determined that the group business program is not achieving its objective, Staff will notify both the hotel's management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement, although this has not been the case to date. The below table represents the revenues and expenditures in this Visitors Association Fund for the past 5 years, noting the effects of COVID to both categories in fiscal years 2020 through 2021. Marriott 5-year Budget to Actuals 2018 2019 2020 2021 2022 2023 Budget Budget Budget Budget Budget (R--d/ Actuals ♦ (R--d/ Actuals ♦ (R--d/ Actuals ♦ (R--d/ Actuals ♦ (R--d/ Actuals(") ♦ Budget Revenues Marriott Hotel Occupancy Tax 779,720 753,999 25,721 779,720 791,403 (11,683) 330,388 330,475 (87) 200,000 222,799 (22,799) 400,000 328,078 71,922 400,000 Expenditures Marriott Marketing (Group Business Incentives) 50,000 39,931 10,069 50,000 16,125 33,875 7,400 7,400 0 25,000 - 25,000 25,000 12,490 12,510 25,000 Marriott Transportation 80,000 80,000 - 80,000 80,000 - 80,000 40,000 40,000 80,000 80,000 - 80,000 80,000 - 80,000 Net 649,720 634,068 15,652 649,720 695,278 (45,558) 242,988 283,075 (40,087) 95,000 142,799 (47,799) 295,000 235,588 59,412 295,000 (A) FY22 Actuals are unaudited and subject to change. Page 2 of 3 In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs including funding costs related to special events such as Classic Car Show, Public Safety Fair, Community Tree Lighting, as well as the outdoor concert series. The Town Council adopted an updated economic development policy in 2016 (Resolution 16-30). This proposed Marriott agreement comports to that policy. Further, this economic development program agreement fits with the Town's Adopted Strategic Plan Vision Points. COUNCIL ACTION/OPTIONS The Marriott Dallas/Fort Worth Westlake hotel's general manager will be present at this meeting to demonstrate and discuss the hotel's current economic performance prior to approval of the economic development program agreement. Feedback for both the Marriott's management and Town staff is appreciated and Council may choose to approve or deny the agreement and related resolution after any necessary discussion. STAFF RECOMMENDATION Staff recommends approval of the resolution and its attached economic development program agreement. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $150,000 max Contract: Yes Service Levels: N/A Funding Source: Visitor's Association Fund (Hotel Tax) Forms: N/A DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution Referenced agreement (Exhibits A&B) Page 3 of 3 TOWN OF WESTLAKE RESOLUTION 22-71 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH THE MARRIOTT DALLAS/FORT WORTH WESTLAKE. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified "Fiscal Responsibility" as a Vision Point as well as "Financial Stewardship" as a Perspective that must be addressed to move the Town towards this Vision Point; and, WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to support its general operations; and, WHEREAS, the Town Council desires to have new and existing businesses that maintain and grow their sales and use tax streams, which in turn, enhances the Town's financial position and sustainability per its Strategic Plan; and WHEREAS, the Town Council acknowledges that the Town's Visitors Association Fund is a key component of its financial structure and that an economic development grant to the Marriott Dallas/Fort Worth Westlake Hotel will help solidify and maintain that structure; and, WHEREAS, Town has an updated economic development policy adopted by Resolution 16-30 and that this proposed economic development program agreement with the Marriott Dallas/Fort Worth Westlake meets those policy guidelines and meets the requirements of State law for municipalities to grant 380 economic development grants to businesses located in their boundaries; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the Economic Development Program Agreement with the Marriott Dallas/Fort Worth Westlake attached hereto as Exhibit "A" and Hotel Support Program as Exhibit "B" and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. Resolution 22-71 Page 1 of 2 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 5th DAY OF DECEMBER 2022. ATTEST: Amy Piukana, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Sean Kilbride, Mayor Resolution 22-71 Page 2 of 2 Exhibit "A" ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is entered into by and between the TOWN OF WESTLAKE, TEXAS (the "Town"), a Type -A general law municipal corporation organized under the laws of the State of Texas, and MARRIOTT HOTEL SERVICES, INC. DB/A MARRIOTT DALLAS/FORT WORTH WESTLAKE, ("Marriott"), a Hotel. The Town and Marriott are collectively referred to as the "Parties". RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marriott operates a 294 (288 plus 6 suites) room, full -service hotel located at 1301 Solana Blvd. Building #3, Westlake, Texas, (the "Hotel") The Hotel provides a valuable catalyst for visitors, tourism, and economic development to the Town. B. To increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. 16-30, adopted by the Town Council on August 22, 2016, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case -by -case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote State or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the "380 Program"). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town's economic development objectives and the 380 Program and will further the goals for positive economic growth, visitors, and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Resolution ,)d.k... ,411 XX The Town Council has found at a duly called and legally noticed public meeting through the adoption of Town Resolution attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott. For purposes of this definition, "control" means fifty percent (50%) or more of the ownership determined by either value or vote. Program Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of Town funds legally available for inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of the Town. Program Year means the Town's fiscal year (i.e., October 1 ` through September 30 ) in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first fiscal year following the execution of this Agreement. Quarterly Renorthas the meaning ascribed to it in Section 4.2. Records have the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Town of Westlake Hotel Sunnort Program has the meaning ascribed to it in Section 4.1. 3. TERM. This Agreement shall be effective as of the date of execution by the Parties (the "Effective Date,") and,Lei� mrimtederg 4iet � its v4i,4 044 + ��n �tm�n�t;. Mv44� exprrne e H i [ ) yemw from the 9 XeCuti lnl I1.age,. Resolution a k... ,411 XX Formatted: Font: Not Bold Formatted: Font: Not Bold, Formatted: Indent: Left: 0.6", Hanging: 0", Right: 0.33", Space Before: 4.55 pt, Line spacing: Multiple 1.04 11 if ➢ own Coumj I I E2Ides funding [or Lbis A glgcnnent in its mmuo I lml(jgg! Q I nw(m 01, d6s. SLdl outommicolly sxteml kw on odditimml omll 4J) ygw term. Notwitbsumding Lbe ln;u trnmmie dg . s A gj�ggMgLt 12Y I MllidiU s tWL!Y 4](�) �h!UCC' to tennimae in writing. Resolution ) k „411 xx 4. TOWN AND MARRIOTT'S OBLIGATIONS AND COMMITMENTS. .3.1. Town of Westlake Hotel Support Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not exceed $ VO q �50,000 with said Town of Westlake Hotel Support Program, consisting of [Formatted: Not Highlight the following: Group Booking Incentives, the requirements for which are attached hereto as Exhibit "C2B." and hereby made a part of this Agreement for all purposes (the "Hotel Support Agreement") and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town's Hotel Support Program shall be to increase � ,v..-group bookings for the Hotel wtO.:uww How ioe+X � at elm wew e iN �r�� w' .l. w'arotiir r l et uti wei�, gar r w w (i. ., wll ibooki le , atl. hk i jom:�A boflk oV New bkk,o-�,kwa�, wtO w�w pw wu...-�w'arotiir i��rr w w��, thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement " ( to the Hotel shall not exceed $1, q�gii,000 during the term of this Formatted: Not Highlight Agreement. Transportation Costs, for which a total sum of $ 4 V iiii,000 shall be provided ('Formatted: Not Highlight by the Town under this Agreement to cover a portion of the operating costs during the Program Year for bus transportation services provided by the Marriott for guests of the Hotel. Funds disbursed by the Town under this component of the Town's Hotel Support Program shall be made at the end of each Town fiscal year quarter following submission by Marriott, and acceptance by the Town, of the Quarterly Report for the preceding quarter. The purpose of this component of the Town's Hotel Support Program is to enhance the Marriott's ability to increase room nights and retain existing room nights at the Hotel (as reported in Section 4.2 below), thus increasing economic development through tourism and business development activity in the Town. At all times during the term, the name "Westlake, Texas" shall be visibly reflected and marked on both sides of any shuttle buses or vehicles used by the Hotel. 4.4-.3.2. Reports and Filings. On a quarterly basis during the Term, Marriott shall submit a written report to the Town specifically delineating its compliance with this Agreement (the "Quarterly Report"). The Town Manager shall receive the Quarterly Report no later than thirty (30) days from the end of each quarter. Said Quarterly Report will contain, as a minimum, the following performance measure information Resolution ,)d.k... ,411 XX for the reporting period for the Town to measure the effectiveness of its investment in this grant of public funds to Marriott for this Hotel: • Total funds paid to date aggregate under this Agreement during the contract term to Marriott regarding group incentives of the Town's Hotel Support Program described in Section 4.1 of this Agreement • Total funds spent to date by Marriott for the activities and purposes set out in Section 4.1 of this Agreement • Increases in average daily occupancy at the Hotel • Decreases in average daily occupancy at the Hotel • Number of room nights generated by new group bookings at the Hotel • Number of room nights generated by repeat group business, bookings at the Hotel, number of bus transportation trips daily to DFW Airport for guests at the Hotel • The number of new group bookings made for the Hotel during the reporting period and the number of repeat group business bookings made for the Hotel during the reporting period. • A brief description of marketing/sales efforts made during the reporting period for the Hotel including: o the number and type of new group sales prospects identified, targeted, and group sales closed by Marriott sales staff during the reporting period o the number and type of new group sales made by contacts from outside the Hotel Marriott • Average number of bus transportation trips daily to off -premises meeting locations for guests at the Hotel • Average number of bus transportation trips daily to other off -premises locations (entertainment, shopping, etc.) for guests at the Hotel • Operating costs incurred by the Hotel during the quarter for shuttle bus transportation services 4.--3-.3.3. Audits. Per the requirements of State law and the Town ordinance establishing the Town's hotel -motel occupancy tax, the Town will have the right throughout the Term to audit any and all financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott's compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to construction documents and invoices (collectively "Records"). Marriott shall make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. 064. DEFAULT. TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS. R-olution,)d.k... „44,,x x _. . .1. Continuous Operation. Following the Completion Date, if Marriott fails to continuously operate a full -service hotel at 1301 Solana Blvd. Building 93, Westlake, Texas, 76262,the Town shall have the right to terminate this Agreement by providing written notice to Marriott without further obligation to Marriott hereunder. 5-24.2. Failure to Pay Town Taxes or Fees. An event of default shall occur under this Agreement if any legally imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taxes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code. State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town's Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. 5.4. Unauthorized Use of Funds and Reauirement for Repavment to Town. If, during an audit by the Town under the provisions of this Agreement, the Town determines that the proceeds of this grant have not been utilized by Marriott for the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure (following written notice from the Town) and, if Marriott fails to cure per the written R-olution,)d.k... ,.411 X X notice from the Town, Marriott shall immediately remit to the Town the entire amount under this Agreement paid by the Town to Marriott during the reporting period during which the Town has identified that Marriott was not in compliance with the terms of this Agreement. If said amount is not remitted to the Town within 30 calendar days from the end of the cure period, that amount demanded for repayment to the Town plus six (6) percent simple interest on the repayment amount shall be due, in full, to the Town. For the purposes of this Section, Simple Interest" is defined as a rate of interest applied to the aggregate amount of the Program Grants paid by the Town to Marriott during the reporting period in which Marriott was in violation of this Agreement. 5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town's obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided and is current on all reports. 5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar Formatted: Font : Times New Roman, 12 pt days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott. 4-5 . NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP. It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott acknowledges that the doctrine of respondent superior will not apply as between the Town and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott. -7 6. INDENINIFICATION. MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LA WSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT' BUb7NESSAND ANYRESULTING Resolution ,)d.k... ,411 XX LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (t) MARRIOTT' BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (it) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS AGREEMENT. 8-.7. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Town: Town of Westlake Attn: Marriott: Marriott Dallas/Fort Town Manager Worth Westlake-Attn: 1500 Solana Blvd, General Manager Bldg. 7, Suite 7200 1301 Solana Blvd, Bldg. 0 Westlake, Texas,,76262 Westlake, Texas, 76262, - NVR4 to(wldelf- §l�nllllll.rni�a�t,... a wiliiist➢i4tke 5rniot➢iee^).n,. Attn: ➢ . SL ➢,L0 ➢ 5Mjy j2()C YtinGln� U➢ `totite f08 Vn in g. ➢ y 755062 ➢ er n 420 ➢... Ut+rra..,a al➢tn.....`°t4+4&[04' ➢nr rr�„t, ➢ �n � 7,";042 9-.8. ASSIGNMENT AND SUCCESSORS. Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the Town so long as Marriott, the Affiliate and the Town first execute an agreement approved by the Town Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (i) the prior approval of the assignee or successor and a finding by the Town Council that the Resolution ,)d.k... ,411 xx Formatted: Indent: Left: 0.63", Tab stops: Not at 3.35" Formatted: Indent: Left: 0.63", First line: 0 Formatted: Right: 0.38 , Force equal column width Formatted: Indent: Left: 0.63", First line: 0" Formatted: Indent: Left: 0.63" Formatted: Indent: Left: 0.63" Formatted: Font: 11.5 pt, Character scale: 105%, Condensed by 0.35 pt Formatted: Font: 11.5 pt, Character scale: 105% Formatted: Font: 11.5 pt, Character scale: 105%, Condensed by 0.35 of Formatted: Font: 11 proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council's prior consent shall constitute a breach and R-olution,)d.k... ,411 xx be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed "Marriott" for all purposes under this Agreement. 4�9. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS. This Agreement will be subject to all applicable Federal, State and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town's codes and ordinances, as amended. It is understood that by execution of this Agreement, the Town does not waive or surrender any of its governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. 10161lIM kv 91:� The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasl0n. 4-3:12. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises based on any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 1-.11, 1 ■ The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott, and any lawful assign or successor of Marriott, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 44-.14. FORCE MAJEURE. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was Resolution ,)d.k... ,411 XX delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott' failure to obtain adequate financing to complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force majeure and that this Section 15 shall not operate to extend the Completion Deadline in such an event. 44,Il 5. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for nor against any party, regardless of the actual drafter of this Agreement. 4-7-.16. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 17. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed apart of this Agreement. 4-9,Il8. ENTIRETY OFAGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott, and any lawful assign and successor of Marriott, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. Resolution ,)d.k... ,411 XX 19. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: APPRt� 9V9Asl.90iOR M AN'W.99°uA@4g°d:.; I 14flToll i.du vey, Vvvire A rnm (^y�- Pape 14 of 14 Resolution 21 b4- Face I of 14 Exhibit "B" TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM Description: A cooperative marketing program designed to assist the Marriott in securing group and convention business. The groups can be new business or groups that have previously met at the hotel but are considering other hotels. Guidelines: Requests for funds shall be submitted at the bid time not after the group has made their decision to book at the host hotel. Applications may be submitted for groups/conventions that take place in the current fiscal year (October 1 - September 30) or future years. Dollar amount back per room based on a sliding scale to assist in closing business 0 50-99 actualized total room nights - $8 back per room night 0 100-200 actualized total room nights - $10 back per room night 0 201-349 actualized total room nights - $12 back per room night 0 350+ actualized total room nights - $14 back per room night o Friday/Saturday peak with 50 actualized total rooms night - $10 back per room e tun ral °a+to:wo� hkt e ho"r ea9::wetwl uhk Math+iow be.. �;ar�rowp,:e�u�:w�� a+�se�:w �d w:o�rt➢ka�n�°�Q�..a:o�9�'arwik�:rowa��°-:�,y: o Funds to be capped at $5,000 per group Dollar amount back per person based on a sliding scale to assist in closing business o $4,000 Food and Beverage Minimum Contracted - $6 back per person o $6,000 Food and Beverage Minimum Contracted - $8 back per person o $8,000+ Food and Beverage Minimum Contracted - $10 back perperson e tun ral °a+:o:w r�,ikw a q r� d�x9 at:nio d�eiw a Vt�Y..mwarHd�,,..F:i4 uika be.. o Funds to remain capped at $2,500 per local group The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. Upon completion of the event or meeting, a completed Post Meeting Summary is required prior to the release of full financial assistance. The report will be used to evaluate the effectiveness of the Town of Westlake Funds participation, as well as review future participation. Annually, the Marriott will generate a Town of Westlake Funds report to the Town Manager, or his designee, showing the dollars expended and the direct room nights generated via this important resource. R-olution,)d.k... ,-}-'- Procedures: The Application shall include the following information before it will be reviewed: • Hotel Information: Date of Application, Name of Host Hotel Sales Manager and Phone Number. • Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated Room Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. • Miscellaneous Information: Additional information pertinent to the group. • Signatures: The Application shall be signed by the host hotel Sales Manager and Director of Sales prior to it being submitted for approval. The Application shall be approved by the Town of Westlake within ten days providing that all of the requested information is received. Once the Application has been approved, the signed application will be sent back to the requesting Sales Manager at the host hotel. The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is signed by the group. Funds shall not be available if this information is not received at least ten days prior to the group/convention. The Town of Westlake may choose to send a welcome letter to the group and offer to provide community brochures or other information to the group/convention attendees. Since funds are reserved for every Application that is approved, the host hotel shall inform the Town of Westlake with written authorization to release the funds should a group choose another destination. Submit Application and Correspondence to: The Town of Westlake Attn: Director of Finance 1500.Solana Blvd., Bldg. 7, Suite 7200 Westlake, TX 76262 817.490.5712 Phone 817.430.1812 Fax Disbursement of Funds: At the time of invoice, the host hotel shall submit the following information: 1. A computerized report documenting the actual room nights booked by the group and verification of the actual room night revenue. The disbursement of funds may be reduced based on the program guidelines if the group generated less room night revenue than was originally stated on the Application. 2. 4 dq e Tovvo 14: Vve"4vl4' of NV/ll,�,�n'njos 's...1ru> Aitoc,%..ond a.°uswnli(j, gnnnw 1 ld, Ii�jcd cs>toa.,cssions.. Resolution ,)d.jn... ,-}-'- Exhibit "A" ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is entered into by and between the TOWN OF WESTLAKE, TEXAS (the "Town"), a Type -A general law municipal corporation organized under the laws of the State of Texas, and MARRIOTT HOTEL SERVICES, INC. DB/A MARRIOTT DALLAS/FORT WORTH WESTLAKE, ("Marriott"), a Hotel. The Town and Marriott are collectively referred to as the "Parties"'. RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marriott operates a 294 (288 phis 6 suites) room, full -service hotel located at 1301 Solana Blvd. Building 43, Westlake, Texas, (the "Hotel") The Hotel provides a valuable catalyst for visitors, tourism, and economic development to the Town. B. To increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. 16-30, adopted by the Town Council on August 22, 2016, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case -by -case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote State or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the "380 Program"). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town's economic development objectives and the 380 Program and will further the goals for positive economic growth, visitors, and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Resolution 22-71 Page 3 of 14 AGREEMENT 1. INCORPORATION OF RECITALS. The Town Council has found at a duly called and legally noticed public meeting through the adoption of Town Resolution attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott. For purposes of this definition, "control" means fifty percent (50%) or more of the ownership determined by either value or vote. Program Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of Town fields legally available for inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available fields of the Town. Program Year means the Towns fiscal year (i.e., October 1st through September 301h) in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first fiscal year following the execution of this Agreement. Ouarterly Report has the meaning ascribed to it in Section 4.2. Records have the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Town of Westlake Hotel Support Program has the meaning ascribed to it in Section 4.1. 3. TERM, This Agreement shall be effective as of the date of execution by the Parties (the "Effective Date„)andif Town Council provides funding for this Agreement in its annual budget approval, this Agreement shall automatically extend for an additional one (1) year term. Notwithstanding Resolution 22-71 Page 4 of 14 the preceding sentence, either party may terminate this Agreement by providing a thirty (30) notice to terminate in writing.TOWN AND MARRIOTT'S OBLIGATIONS AND COMMITMENTS. 3.1. Town of Westlake Hotel SuPPort Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not exceed $150,000 with said Town of Westlake Hotel Support Program, consisting of the following: a. Group Booking Incentives, the requirements for which are attached hereto as Exhibit "B" and hereby made a part of this Agreement for all purposes (the "Hotel Support Agreement") and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town's Hotel Support Program shall be to increase group bookings for the Hotel, thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement to the Hotel shall not exceed $50,000 during the term of this Agreement. b. Transportation Costs, for which a total sum of $100,000 shall be provided by the Town under this Agreement to cover a portion of the operating costs during the Program Year for bus transportation services provided by the Marriott for guests of the Hotel. Funds disbursed by the Town under this component of the Town's Hotel Support Program shall be made at the end of each Town fiscal year quarter following submission by Marriott, and acceptance by the Town, of the Quarterly Report for the preceding quarter. The purpose of this component of the Town's Hotel Support Program is to enhance the Marriott's ability to increase room nights and retain existing room nights at the Hotel (as reported in Section 4.2 below), thus increasing economic development through tourism and business development activity in the Town. At all times during the term, the name "Westlake, Texas" shall be visibly reflected and marked on both sides of any shuttle buses or vehicles used by the Hotel. 3.2. Rel2orts and Filings. On a quarterly basis during the Term, Marriott shall submit a written report to the Town specifically delineating its compliance with this Agreement (the "Quarterly Report"). The Town Manager shall receive the Quarterly Report no later than thirty (30) days from the end of each quarter. Said Quarterly Report will contain, as a minimum, the following performance measure information Resolution 22-71 Page 5 of 14 for the reporting period for the Town to measure the effectiveness of its investment in this grant of public fiends to Marriott for this Hotel: • Total fiends paid to date aggregate under this Agreement during the contract term to Marriott regarding group incentives of the Town's Hotel Support Program described in Section 4.1 of this Agreement • Total fiends spent to date by Marriott for the activities and purposes set out in Section 4.1 of this Agreement • Increases in average daily occupancy at the Hotel • Decreases in average daily occupancy atthe Hotel • Number of room nights generated by new group bookings at the Hotel • Number of room nights generated by repeat group business, bookings at the Hotel, number of bus transportation trips daily to DFW Airport for guests at the Hotel • The number of new group bookings made for the Hotel during the reporting period and the number of repeat group business bookings made for the Hotel during the reporting period. • A brief description of marketing/sales efforts made during the reporting period for the Hotel including: o the number and type of new group sales prospects identified, targeted, and group sales closed by Marriott sales staff during the reporting period o the number and type of new group sales made by contacts from outside the Hotel Marriott • Average number of bus transportation trips daily to off -premises meeting locations for guests at the Hotel • Average number of bus transportation trips daily to other off -premises locations (entertainment, shopping, etc.) for guests at the Hotel • Operating costs incurred by the Hotel during the quarter for shuttle bus transportation services 3.3. Audits. Per the requirements of State law and the Town ordinance establishing the Town's hotel -motel occupancy tax, the Town will have the right throughout the Term to audit any and all financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott's compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to constriction documents and invoices (collectively "Records") Marriott shall make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. 4. DEFAULT. TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS. Resolution 22-71 Page 6 of 14 4.1. Continuous Operation. Following the Completion Date, if Marriott fails to continuously operate a full -service hotel at 1301 Solana Blvd. Building 43, Westlake, Texas, 76262�,the Town shall have the right to terminate this Agreement by providing written notice to Marriott without further obligation to Marriott hereunder. 4.2. Failure to Pav Town Taxes or Fees. An event of default shall occur under this Agreement if any legally imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taxes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town's Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (1) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. 5.4. Unauthorized Use of Funds and Requirement for Repayment to Town. If, during an audit by the Town under the provisions of this Agreement, the Town determines that the proceeds of this grant have not been utilized by Marriott for the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure (following written notice from the Town) and, if Marriott fails to cure per the written Resolution 22-71 Page 7 of 14 notice from the Town, Marriott shall immediately remit to the Town the entire amount cinder this Agreement paid by the Town to Marriott during the reporting period during which the Town has identified that Marriott was not in compliance with the terms of this Agreement. If said amount is not remitted to the Town within 30 calendar days from the end of the cure period, that amount demanded for repayment to the Town phis six (6) percent simple interest on the repayment amount shall be due, in full, to the Town. For the purposes of this Section, Simple Interest" is defined as a rate of interest applied to the aggregate amount of the Program Grants paid by the Town to Marriott during the reporting period in which Marriott was in violation of this Agreement. 5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town's obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided and is current on all reports. 5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott. 5. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP. It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott acknowledges that the doctrine of respondent superior will not apply as between the Town and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott. 6. INDEMNIFICATION. MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS' AGAINST ANY AND ALL CLAIMS, LA WS UITS', A CTIONS, COSTS AND EXPENSES OF ANY KIND, INCL UDING, B UT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS' (INCLUDING ALLEGED DAMAGE OR LOSS' TO MARRIOTT' BUSINESS' ANI) ANYRESULTING Resolution 22-71 Page 8 of 14 7 LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT' BREACH OF ANY OF THE TERMS OR PRO VISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS AGREEMENT. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Town: Town of Westlake Attn: Town Manager 1500 Solana Blvd, Bldg. 7, Suite 7200 Westlake, Texas 76262 With Copies to (which shall not constitute notice): Boyle & Lowry, L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr. Suite 108 Irving, TX 75062 ASSIGNMENT AND SUCCESSORS. Marriott Dallas/Fort Worth WestlakeAttn: General Manager 1301 Solana Blvd, Bldg. ff3 Westlake, Texas 76262 Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations udder this Agreement to an Affiliate without the approval of the Town so long as Marriott, the Affiliate and the Town first execute an agreement approved by the Town Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (1) the prior approval of the assignee or successor and a finding by the Town Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (11) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council's prior consent shall constitute a breach and Resolution 22-71 Page 9 of 14 be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed "Marriott" for all purposes under this Agreement. 9. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS. This Agreement will be subject to all applicable Federal, State and local laws, ordinances, riles and regulations, including, but not limited to, all provisions of the Town's codes and ordinances, as amended. 10. GOVERNMENTALPOWERS. It is understood that by execution of this Agreement, the Town does not waive or surrender any of its governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. It. NO WAIVER. The failure of either parry to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's right to insist upon appropriate performance or to assert any such right on any future occaslOn. 12. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises based on any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 13. NO THIRD -PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott, and any lawful assign or successor of Marriott, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 14. FORCE MAJEURE. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the parry so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such parry was Resolution 22-71 Page 10 of 14 delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott' failure to obtain adequate financing to complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force maj eure and that this Section 15 shall not operate to extend the Completion Deadline in such an event. 15. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for nor against any party, regardless of the actual drafter of this Agreement. 16. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase., clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 17. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18. ENTIRETY OF AGREEMENT, This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott, and any lawful assign and successor of Marriott, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. Resolution 22-71 Page 11 of 14 19. COUNTERPARTS, This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: Town of Westlake: By: Sean Kilbride, Mayor Date: APPROVED AS TO FORM AND LEGALITY: By- L. Stan Lowry, Town Attorney Marriott Dallas/Fort Worth Westlake By: Reggie Woolridge, General Manager Date: Resolution 21 Page 12 of 14 Exhibit "B" TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM s ri ion: A cooperative marketing program designed to assist the Marriott in securing group and convention business. The groups can be new business or groups that have previously met at the hotel but are considering other hotels. Guidelines: Requests for fiends shall be submitted at the bid time not after the group has made their decision to book at the host hotel. Applications may be submitted for groups/conventions that take place in the current fiscal year (October 1 - September 30) or future years. Dollar amount back per room based on a sliding scale to assist in closing business 0 50-99 actualized total room nights - $8 back per room night 0 100-200 actualized total room nights - $10 back per room night 0 201-349 actualized total room nights - $12 back per room night 0 350+ actualized total room nights - $14 back per room night o Friday/Saturday peak with 50 actualized total rooms night - $10 back per room o Funds to be capped at $5,000 per group • Dollar amount back per person based on a sliding scale to assist in closing business o $4,000 Food and Beverage Minimum Contracted - $6 back per person o $6,000 Food and Beverage Minimum Contracted - $8 back per person o $8,000+ Food and Beverage Minimum Contracted - $10 back per person o Funds to remain capped at $2,500 per local group • The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. • Upon completion of the event or meeting, a completed Post Meeting Summary is required prior to the release of full financial assistance. The report will be used to evaluate the effectiveness of the Town of Westlake Funds participation, as well as review future participation. • Annually, the Marriott will generate a Town of Westlake Funds report to the Town Manager, or his designee, showing the dollars expended and the direct room nights generated via this important resource. Resolution 22-xx Page 13 of 14 Procedures• The Application shall include the following information before it will be reviewed: • Hotel Information: Date of Application, Name of Host Hotel Sales Manager and Phone Number. • Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated Room Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. • Miscellaneous Information: Additional information pertinent to the group. • Signatures: The Application shall be signed by the host hotel Sales Manager and Director of Sales prior to it being submitted for approval. The Application shall be approved by the Town of Westlake within ten days providing that all of the requested information is received. Once the Application has been approved, the signed application will be sent back to the requesting Sales Manager at the host hotel. The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is signed by the group. Funds shall not be available if this information is not received at least ten days prior to the group/convention. The Town of Westlake may choose to send a welcome letter to the group and offer to provide community brochures or other information to the group/convention attendees. Since fiends are reserved for every Application that is approved, the host hotel shall inform the Town of Westlake with written authorization to release the fiends should a group choose another destination. Submit Application and Correspondence to: The Town of Westlake Attn: Director of Finance 1500,Solana Blvd., Bldg. 7, Suite 7200 Westlake, TX 76262 817.490.5712 Phone 817.430.1812 Fax Disbursement of Funds: At the time of invoice, the host hotel shall submit the following information: 1. A computerized report documenting the actual room nights booked by the group and verification of the actual room night revenue. The disbursement of fiends may be reduced based on the program guidelines if the group generated less room night revenue than was originally stated on the Application. 2. Copy of Marriott's postings and customer group sales agreement with listed concessions. Resolution 22-xx Page 14 of 14 T iN E. T,,, p W N ® g WESTLAKE TOWN COUNCIL AGENDA ITEM Regulareei - Action Item Monday, December 05, 2022 TOPIC: Consider a resolution authorizing the Acting Town Manager to approve a proposal with B & R Utility Construction to install a water line extension on Pearson Road and authorize the Acting Town Manager to make funding changes not to exceed $25,000 on this project. STAFF: Troy Meyer, Assistant Town Manager STRATEGIC ALIGNMENT High Quality Planning, Design & Planned / Responsible People, Facilities, & Development - We are a desirable Improve Technology, Development Technology well planned, high -quality Facilities & community that is distinguished by Equipment exemplary design standards. SITMMARY This project would extend the eight -water lines just south of Wyck Hill to Timber Ridge Lane. This would eliminate a dead water line and complete a water loop along Pearson Lane. The new water would be located on the eastside of Pearson Lane in the City of Keller. Staff has reviewed the project with the City of Keller and has received their approval to move forward. As part of this project there are four Westlake residents that are currently on the City of Keller water system. This project would include installing new Westlake water meters for each resident at no cost to them. The project was posted in the Star Telegram in October of 2022 with the bid opening held on October 28, 2022. Staff only received one bid which was from B & R Utility Construction. The size of the project may have been why we did not receive additional bids. B&R bid was $86,934.00 and the town will add a $10,000.00 contingency to the total cost of the project. This project will be funded out of the FY 22-23 Utility Fund which has a current balance of $7.7M. The following items were requested by the Town Council at the November 14, 2022 meeting: 1. Confirm request from the City of Keller to remove the four Westlake properties off the Keller water system. This request was received on March 8, 2022. The Director of Public Works for the City of Keller stated in an email asking that as part of our water line extension Page 1 of 2 that the four Westlake properties currently serviced with water by Keller be transferred to Westlake. Those four properties are on the east side of N Pearson Ln. addressed as 2125, 2155, 2175 and 2205 N Pearson Lane. 2. By extending the water line from Wyck Hill to Timber Ridge Lane water line, this would eliminate a dead water line decreasing the potential flushing of the water line to ensure the quality of water is maintained. Best practice is to create a water line loop and eliminate the dead ends in the water system. In 2022 the water loss report shows that there was Water losses-1,141,002 gallons, cost of real losses $43,299 of water lost due to the following factors: • Flushing • Water line leaks • Water line breaks • House fires • Weather If the council approve this agreement the estimated start date would be in January 2023. COUNCIL ACTION/OPTIONS Approve the proposed Resolution Reject the proposed Resolution STAFF RECOMMENDATION Staff is recommending the approval to install an 8-inch water line extension on Pearson Lane and authorizing the Acting Town Manager to make funding changes not to exceed $25,000 on this proj ect. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $96,934.00 Funding Source: Utility FuriM • Forms: Fonns 12951 Service Levels: To provide water to Westlake residents and complete the water loop on Pearson Lane. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy: N/A Comprehensive Plan: N/A Cost Recovery Analysis: N/A Traffic Impact: One lane may be temporary closed for short periods of time during the project. ATTACHMENTS Resolution Exhibit A Proposal Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-68 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE ACTING TOWN MANAGER TO APPROVE A PROPOSAL WITH B & R UTILITY CONSTRUCTION TO INSTALL A WATER LINE EXTENSION ON PEARSON LANE AND AUTHORIZE THE ACTING TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates a water pump station on US 377 and provides water to the Westlake community; and, WHEREAS, the Town of Westlake finds extending the eight water lines just south of Wyck Hill to Timber Ridge Lane will create a looped water line that will benefit the Westlake community; and, WHEREAS, Four Westlake residents that are currently on the City of Keller water system will be switched to Westlake water; and, WHEREAS, Four Westlake residents will receive a new water meter at no cost; and, WHEREAS, The bid proposal from B & R Utility Construction to install a water line extension on Pearson Lane includes 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 Acting Town Manager to approve the bid proposal to install a water line extension on Pearson Road as attached as Exhibit "A" and authorize Acting 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 22-68 Page 1 of 2 PASSED AND APPROVED ON THIS 5TH DAY OF DECEMBER 2022. Sean Kilbride, Mayor ATTEST: Amy M. Piukana, Town Secretary APPROVED AS TO FORM: L. 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