HomeMy WebLinkAbout02-28-22 TC and BOT Agenda Packet
TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE
SESSION MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER
WESTLAKE, TX 76262
FEBRUARY 28, 2022 4:30 P.M.
Executive Session
1. CALL TO ORDER
2. EXECUTIVE SESSION
The Town Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney Î to seek advice of counsel on matters in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government
Code: Appeal of student discipline matter.
b. Section 551.082 (a)(1) Deliberation Regarding Student Discipline - to hear and deliberate the
appeal of a student discipline matter.
c. Section 551.0821(a) Deliberation Involving Personally Identifiable Student Information - to hear
and deliberate the appeal of a student discipline matter.
d. Section 551.071(2) Î Consultation with Attorney Î to seek advice of counsel on matters in which
the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938
access for proposed Southlake development.
e. Section 551.071(2) Î Consultation with Town Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with
Hillwood Development Corporation Concerning the Design Engineering and Construction of the
West Side Pump Station and the Dove Road Waterline.
f. Section 551.071(2) - Consultation with Attorney Î to seek advice of counsel on matters of bankruptcy
proceedings by the Texas Student Housing Authority.
3. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
4. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, February 25, 2022, by 4:30 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
_____________________________________
Todd Wood, Town Secretary
TC Executive Session Agenda Î 2/28/22
Page 1 of 1
TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE
SESSION MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER
WESTLAKE, TX 76262
FEBRUARY 28, 2022 4:30 P.M.
Executive Session
1. CALL TO ORDER
2. EXECUTIVE SESSION
The Town Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney Î to seek advice of counsel on matters in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government
Code: Appeal of student discipline matter.
b. Section 551.082 (a)(1) Deliberation Regarding Student Discipline - to hear and deliberate the
appeal of a student discipline matter.
c. Section 551.0821(a) Deliberation Involving Personally Identifiable Student Information - to hear
and deliberate the appeal of a student discipline matter.
d. Section 551.071(2) Î Consultation with Attorney Î to seek advice of counsel on matters in which
the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938
access for proposed Southlake development.
e. Section 551.071(2) Î Consultation with Town Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with
Hillwood Development Corporation Concerning the Design Engineering and Construction of the
West Side Pump Station and the Dove Road Waterline.
f. Section 551.071(2) - Consultation with Attorney Î to seek advice of counsel on matters of bankruptcy
proceedings by the Texas Student Housing Authority.
3. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
4. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, February 25, 2022, by 4:30 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
_____________________________________
Todd Wood, Town Secretary
TC Executive Session Agenda Î 2/28/22
Page 1 of 1
TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE
SESSION MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER
WESTLAKE, TX 76262
FEBRUARY 28, 2022 5:00 P.M.
Executive Session
1. CALL TO ORDER
2. EXECUTIVE SESSION
The Town Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Consideration and possible action on appeal of student discipline matter.
3. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
4. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.07187 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake, TX 76262, February 25, 2022, by 5:00 p.m. under the Open Meetings Act,
Chapter 551 of the Texas Government Code.
_____________________________________
Todd Wood, Town Secretary
TC Executive Session Agenda 2/28/22
Page 1 of 1
TOWN COUNCIL AGENDA
MUNICIPAL SERVICES & WESTLAKE ACADEMY BUSINESS
1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER
WESTLAKE, TX 76262
FEBRUARY 28, 2022 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 6:00 p.m. on Monday, February 28,
2022. In order to advance the public health goal of promoting "social distancing" to slow the spread
of the Coronavirus (COVID-19), there will be limited public access to the physical location described
above. A recording of this meeting will be made and will be available to the public in accordance
with the Open Meetings Act.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CITIZEN/PARENT COMMENTS: This is an opportunity for citizens to address the Town
Council or Board of Trustees on any matter, whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time limits
can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their
comment on an agenda item if the item is posted as a Public Hearing. The Town Council and
Board of Trustees cannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town Council
and Board of Trustees will receive the information, ask staff to review the matter, or an item
may be noticed on a future agenda for deliberation or action.
4. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community
Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report
on the following items: (1) expression of thanks, congratulations, or condolences; (2)
information about holiday schedules; (3) recognition of individuals; (4) reminders about
upcoming Town Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and safety.
5. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and/or Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council/Board Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
sequence.
TC/BOT Agenda – 2/28/2022
Page 1 of 5
a. Consider approval of the Town Council minutes from the Joint meeting on September
13, 2021.
b. Consider approval of the Town Council minutes from the Joint meeting on September
27, 2021.
c. Consider approval of the Town Council minutes from the Joint meeting on October 4,
2021.
d. Consider approval of the Town Council minutes from the Joint meeting on October 25,
2021.
e. Consider approval of the Town Council minutes from the Joint meeting on November 1,
2021.
f. Consider approval of the Town Council minutes from the Joint meeting on November
15, 2021.
g. Consider approval of Resolution 22-06, authorizing continued participation with the
Atmos Cities Steering Committee and authorizing payment of five cents per capita to
the Atmos Cities Steering Committee to fund regulatory and related activities related to
Atmos Energy Corporation.
h. Consider approval of Resolution 22-07, authorizing the Town to enter into Joint
Election Agreements with Tarrant and Denton Counties to conduct the General Election
to be held on May 7, 2022.
i. Consider approval of Resolution 22-08, approving a development and economic
development agreement between JW Waterside, LP and Texas Land Management LLC,
and The Town of Westlake.
j. Consider Approval of Resolution WA 22-02, Amending the 21-22 SY Budget to Allow
for the Use of Fund Balance for Retention Pay and Partnering with the Westlake
Academy Foundation for an additional funding grant.
k. Consider Approval of Resolution 22-09, authorizing the Town Manager to execute a
lease with Southwestern Bell Telephone Company d/b/a AT&T Texas, to utilize Town
owned telecommunications conduit (ductbank) along Ottinger and Dove Roads.
6. 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.
a. No reports have been scheduled for this meeting.
WORKSHOP ITEMS
Workshop items are for discussion only. No action may be taken on items listed under this
portion of the agenda, other than to provide general direction to staff or to direct staff to
place such items on a future agenda for action.
7. COUNCIL AGENDA ITEM REQUESTS
Items listed under this section have been approved by Town Council to be placed on the
Workshop for further discussion and potential direction to staff.
a. Amend the Town Ordinance(s) such that the Executive Director of Westlake Academy is
selected by a final approval by the Westlake Academy Board of Trustees. (White
11/15/21)
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Page 2 of 5
b. Amend the Town Ordinance(s) such that we require the Superintendent of Westlake
Academy hold a minimum level of credentials as noted below. (White 11/15/21):
1. Hold a Master’s degree or higher in Education.
2. Be enrolled in or have graduated from a Superintendent Certification
Program.
c. Amend the Town Ordinance(s) to separate the positions of Town Manager and
Superintendent. (White 11/15/21)
MUNICIPAL SERVICES
8. PRESENTATION AND DISCUSSION OF WESTLAKE ACADEMY FACILITIES WHICH
INCLUDES THE EXPANSION OF THE SAM & MARGARETE LEE ARTS AND SCIENCES
CENTER AND SPORTS PACKAGE UPGRADES.
WESTLAKE ACADEMY
NO ITEMS ARE SCHEDULED FOR THIS MEETING.
GOVERNANCE/POLICY ACTION ITEMS
Governance/Policy Action Items are items that require formal Town Council action (approving
Ordinances, Resolutions, Contracts, Purchase, etc.).
MUNICIPAL SERVICES
9. CONSIDER APPROVAL OF RESOLUTION 22-10, AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH LOGICAL SOLUTIONS, INC. TO
UPDATE THE WESTLAKE ACADEMY BUILDING AUTOMATION SYSTEM AND
AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO
EXCEED $25,000 ON THIS PROJECT.
10. CONSIDER APPROVAL OF ORDINANCE 945, AUTHORIZING THE ISSUANCE OF
TOWN OF WESTLAKE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2022; AWARDING THE SALE THEREOF; LEVYING A TAX, AND
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS;
AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT; APPROVING THE OFFICIAL STATEMENT;
ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WESTLAKE ACADEMY
NO ITEMS ARE SCHEDULED FOR THIS MEETING.
11. EXECUTIVE SESSION:
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Page 3 of 5
The Town Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney – to seek advice of counsel on matters in
which the duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551
of the Texas Government Code: Appeal of student discipline matter.
b. Section 551.082 (a)(1) Deliberation Regarding Student Discipline - to hear and deliberate
the appeal of a student discipline matter.
c. Section 551.0821(a) Deliberation Involving Personally Identifiable Student Information - to
hear and deliberate the appeal of a student discipline matter.
d. Section 551.071(2) – Consultation with Attorney – to seek advice of counsel on matters in
which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code - FM 1938 access for proposed Southlake development.
e. Section 551.071(2) – Consultation with Town Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-
19, a Contract with Hillwood Development Corporation Concerning the Design Engineering
and Construction of the West Side Pump Station and the Dove Road Waterline.
f. Section 551.071(2) - Consultation with Attorney – to seek advice of counsel on matters of
bankruptcy proceedings by the Texas Student Housing Authority.
12. RECONVENE MEETING.
13. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
14. COUNCIL RECAP/STAFF DIRECTION.
15. FUTURE AGENDA ITEMS: These items have been discussed by Town Council and
scheduled to be placed on future Council Agendas allowing for adequate time for staff
preparation on the agenda item.
Future Agenda Items to be Discussed:
th
a. Discussion of video communication that was published on or about the 17 of
February and subsequently viewed by staff and residents and commented on by an
academy staff member. What response should Council take to address staff and
resident concerns?
Future Agenda Items Already Discussed and Scheduled:
a. Historical Designations for various properties in Westlake. (Mayor Wheat 5/24/20)
b. Quarterly HOA Board Meeting Discussions. (Dasgupta 8/23/21)
c. Explore finance options regarding building permanent buildings to replace the
portables at Westlake Academy: options to build partnerships with Town’s biggest
stakeholders, so that the expense does not fall entirely on taxpayers. (White
11/15/21)
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Page 4 of 5
d. Discussion regarding governance enrichment as a follow up to our Council retreat
th
on May 24with Mike Condiff. (Wheat 11/15/21)
e. Social media policy as it relates to bullying. (Wheat 11/15/21)
f. Social media education policy for K-12. (Wheat 11/15/21)
g. Council discuss and consider live-streaming Council meetings. (White 12/13/21)
h. Council discuss and consider extending our lease at Solana, as current market
conditions make this an attractive option. (White 12/13/21)
i.Council discuss and consider amending our Town Ordinances to establish term
limits for both Mayor and Council seats. For ex. 4 year or 6 year limits. (White
12/13/21)
j. Council discuss and consider requiring developers to post a
Development/Performance Bond on large projects moving forward. (White
12/13/21).
k. Structural safety audit of the portables. (Dasgupta 1/19/22)
l.Community engagement opportunities for Town Boards and Committees.
(Dasgupta 1/19/22)
m. Review of the Town’s Annual budget process. (White 1/19/22).
16. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana
Blvd., Building 7, Suite 7100, Westlake, TX 76262, February 25, 2022, by 6:00 p.m. under the Open
Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Todd Wood, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the
Town Secretary’s Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made
to assist you.
TC/BOT Agenda – 2/28/2022
Page 5 of 5
/Board
Pledge of
”
–
2
Town Councilof Trustees Item # Allegiance
indivisible, with liberty and justice
United States Pledge "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, for all." Texas Pledge“Honor
the Texas flag; I pledge allegiance to the, Texas, one state under God, one and indivisible.
Town
Council/Board
of Trustees
Item #3–Citizen Comments
CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or
Board of Trustees on any matter, whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time limits
can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold
their comment on an agenda item if the item is posted as a Public Hearing. The Town
Council or Board of Trustees cannot by law take action nor have any discussion or
deliberations on any presentation made at this time concerning an item not listed on the
agenda. The Town Council or Board of Trustees will receive the information, ask staff to
review the matter, or an item may be noticed on a future agenda for deliberation or action.
ITEMS OF COMMUNITY INTEREST: Town Council/Board of
Trustees Reports on Items of Community Interest, pursuant to
Town
Texas Government Code Section 551.0415, the Town Council/
Board of Trustees may report on the following items: (1)
Council/Board
expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of
of Trustees
individuals; (4) reminders about upcoming Town Council
events; (5) information about community events; and (6)
announcements involving imminent threat to public health and
safety.
Item # 4 – Items of
Community Interest
Calendar of Meetings/Events:
Town Council Meeting*
Monday, February 28, 2022; 6:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Town Council Meeting*
Monday, March 7, 2022; 5:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Cocktails and Conversation
Tuesday, March 8, 2022; 5 pm–7 pm
1500 Solana Blvd, Building 7, Terra Lounge
Planning & Zoning Meeting*
Monday, March 14, 2022; 5:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Westlake Academy Spring Break
March 14-18
Town Council Meeting*
Monday, March 28, 2022; 5:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Town Council Meeting*
Monday, April 4, 2022; 5:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Planning & Zoning Meeting*
Monday, April 11, 2022; 5:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Town Hall, Municipal Court, and Westlake Academy CLOSED to observe Good Friday
Friday, April 15, 2022
Town Council Meeting*
Monday, April 25, 2022; 5:00 pm
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100
Gallery Night
Saturday, April 30, 2022; 6 pm
Ranch House at the Vaquero Club
Benefit Auction with Dueling Pianos, Armadillo Racing & more
Town
Council/Board
of Trustees
Item # 5 – Consent Agenda
CONSENT AGENDA: All items listed below are considered routine by the Town Council and will
be enacted with one motion. There will be no separate discussion of items unless a Council
Member or citizen so requests, in which event the item will be removed from the general order
of business and considered in its normal sequence.
a. Consider approval of the Town Council minutes from the Joint meeting on September 13,
2021.
b. Consider approval of the Town Council minutes from the Joint meeting on September 27,
2021.
c. Consider approval of the Town Council minutes from the Joint meeting on October 4,
2021.
d. Consider approval of the Town Council minutes from the Joint meeting on October 25,
2021.
e. Consider approval of the Town Council minutes from the Joint meeting on November 1,
2021.
f. Consider approval of the Town Council minutes from the Joint meeting on November 15,
2021.
g. Consider approval of Resolution 22-06, authorizing continued participation with
the Atmos Cities Steering Committee and authorizing payment of five cents per
capita to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation.
h. Consider approval of Resolution 22-07, authorizing the Town to enter into Joint
Election Agreements with Tarrant and Denton Counties to conduct the General
Election to be held on May 7, 2022.
i.Consider approval of Resolution 22-08, approving a development and economic
development agreement between JW Waterside, LP and Texas Land Management
LLC, and The Town of Westlake.
j. Consider Approval of Resolution WA 22-02, Amending the 21-22 SY Budget to
Allow for the Use of Fund Balance for Retention Pay and Partnering with the
Westlake Academy Foundation for an additional funding grant.
k. Consider Approval of Resolution 22-09, authorizing the Town Manager to
execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas,
to utilize Town owned telecommunications conduit (ductbank) along Ottinger and
Dove Roads.
MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEESMEETING
SEPTEMBER 13, 2021
In accordance with Order of the Office of the Governor issued March 16, 2020,and March 19,
2020, the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy
conductedthis joint virtual meeting at 5:00 p.m. on Monday, September13, 2021.In order to
advance the public health goal of promoting "social distancing" to slow the spread of the
Coronavirus (COVID-19), there was limited public access to the physical location described aboveto
thirty (30) seats forthe public on a first-come, first-serve basis.A recording of this meeting was
made and will be available to the public in accordance with the Open Meetings Act.
PRESENT:Mayor/PresidentLaura Wheat and Council/Board of Trustee
MembersCarol Langdon, Rajiv Trivedi,Chandrika Dasgupta,and
Anna White. Council Member Alesa Belvederejoined the meeting
at 5:30 p.m.
ABSENT:None
OTHERS PRESENT:Town Manager/Superintendent Amanda DeGan, Deputy Town
Manager Noah Simon, Assistant Town Manager Jarrod
Greenwood, School Attorney Janet Bubert, Town Secretary Todd
Wood, Executive Director Dr. Mechelle Bryson, Business Manager
Marlene Rutledge, Directorof Planning & Development Ron
Ruthven,Municipal Court Administrator Jeanie Roumell, Fire Chief
Richard Whitten, HR Director Sandy Garza, Westlake Academy
Foundation Executive Director Shelly Myers, PYP Principal Rod
Harding, PYP Coordinator Alison Schneider, MYP Principal Kaylene
Rudd, and DP Principal Dr. James Owen.
RegularSession
1.CALL TO ORDER
Mayor/PresidentWheat called the Joint Town Counciland Board of Trustees meeting to
order at 5:12p.m.
2.PLEDGE OF ALLEGIANCE
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3. PRESENTATION AND RECOGNITION OF THE WESTLAKE ACADEMY A/P
SCHOLARS.
Executive Director Dr. Mechelle Bryson presented this item. She presented the students
that had attained the A/P Scholar designation to the Board. Dr. Bryson then praised the
students for their efforts, and commendations were also expressed by the Board.
4. CITIZEN COMMENTS:
This is an opportunity for citizens to address the Town Council/Board of Trustees on any
matter, whether or not it is posted on the agenda. Individual citizen comments are
normally limited to three (3) minutes; however, time limits can be adjusted by the
presiding officer. The presiding officer may ask the citizen to hold their comment on an
agenda item if the item is posted as a Public Hearing. The Town Council/Board of
Trustees cannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town
Council/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.
No one addressed the Town Council.
5. ITEMS OF COMMUNITY INTEREST
Finance Director Ginger Awtry provided an update on the following items:
Military Heroes Run on Saturday, August 28, 2021 at 7:00 a.m.
Town of Westlake/Westlake Academy Holiday: Town Hall and the Municipal Court
will be closed to observe the Labor Day holiday on Monday, September 6, 2021
WA BOT/Council Visioning Retreat on Thursday, September 16, 2021; 8:30 am-
5:00 p.m. The agenda and meeting location will be provided at a later date.
Westlake Academy New Parents Meeting on Wednesday, September 22, 2021 at 6
p.m. at the home of Laura and Doug Wheat.
6. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
sequence.
a. Consider approval of the Town Council minutes from the Joint meeting on April 5,
2021.
b. Consider approval of the Town Council minutes from the Joint meeting on April 26,
2021.
c. Consider approval of Resolution WA 21-20, approving the Westlake Academy
graduation policy.
d. Consider approval of Resolution WA 21-21, approving the Westlake Academy
enrollment policy.
e. Consider approval of Resolution 21-30, appointing and re-appointing Board
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Page 2 of 6
Members to the Westlake Academy Foundation.
MOTION: Council Member Langdon made a motion to approve
the consent agenda. Council Member White seconded the
motion. The motion carried by a vote of 4-0.
7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 936,
REVISING THE BUDGET FOR THE 2020-2021 FISCAL YEAR; ADOPTING THE
BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 INCLUDING
INVESTMENT POLICY, PAY PLAN POLICY, FISCAL AND BUDGETARY POLICIES,
RESTRICTED, COMMITTED AND ASSIGNED FUND BALANCES; PROVIDING
AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED
FUNDS UP TO $50,000; PROVIDING THAT THE BUDGET BE KEPT IN CITY
SECRETARY’S OFFICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Wheat opened the public hearing at 5:51 p.m.
No one addressed the Town Council.
Mayor Wheat closed the public hearing at 5:51 p.m.
MOTION: Council Member Trivedi made a motion to approve Ordinance 936.
Council Member Dasgupta seconded the motion. The motion
carried by a vote of 5-0.
8. DISCUSSION AND CONSIDERATION OF RESOLUTION 20-31, TO RATIFY THE
PROPERTY TAX INCREASE AS REFLECTED IN THE FY 2021-2022 ANNUAL
OPERATING AND CAPITAL BUDGET.
Town Manager Amanda DeGan presented this item. She began by explaining that the
tax rate was not being proposed to change. Any additional revenues received would be
due to additional taxable properties, and that this rate was required by law to be
published as a tax increase, although the rate itself was not recommended to change.
Mrs. DeGan emphasized that the staff recommendation was to keep the property tax rate
unchanged, and this rate would result in a $250 annual increase to the average Westlake
homeowner.
Mayor Wheat opened the public hearing at 5:58 p.m.
No one addressed the Town Council.
Mayor Wheat closed the public hearing at 5:58 p.m.
With no questions for the Town Council, Mayor Wheat then asked for a motion to
approve Item #8.
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Page 3 of 6
MOTION: Council Member Langdon made a motion to approve Resolution 21-
31. Council Member Dasgupta seconded the motion. The motion
carried by a vote of 5-0.
9. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 937,
LEVYING MUNICIPAL AD VALOREM (PROPERTY) TAXES FOR THE 2021 TAX
YEAR IN ACCORDANCE WITH THE FISCAL YEAR 2021-2022 PROPOSED
BUDGET.
Town Manager Amanda DeGan presented this item. She noted that this item would be
the official tax rate levy for the Town, and this would accompany Items #8 and #9 that
were previously approved.
Mayor Wheat opened the public hearing at 5:59 p.m.
No one addressed the Town Council.
Mayor Wheat closed the public hearing at 5:59 p.m.
Mayor Wheat then asked for a motion to approve Item #9, establishing the tax rate at
0.16788 per $100 in valuation.
MOTION: Council Member Dasgupta made a motion to approve Ordinance
937. Council Member Belvedere seconded the motion. The motion
carried by a vote of 5-0.
10. DISCUSSION REGARDING THE WESTLAKE ACADEMY FOUNDATION’S FUND-
AN-ITEM PROGRAM.
Dr. Shelly Myers presented this item, providing updates on the latest initiatives to
support Westlake Academy based on needs that are presented.
11. TOWN MANAGER/SUPERINTENDENT UPDATE
a. Healthy Campus
b. Development
c. Back to school
d. Neighborhood meeting recap
Town Manager Amanda DeGan presented this item. She provided the latest information
from Tarrant and Denton Counties regarding COVID-19, as well as updates on
development, back to school, and a synopsis of the latest neighborhood meeting.
12. EXECUTIVE SESSION
The Town Council conducted a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
TC/BOT Minutes – 09/13/21
Page 4 of 6
a. Section 551.071(2) Consultation with Attorney – to seek advice of counsel on
matters in which the duty of the Town Attorney under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551
of the Texas Government Code - FM 1938 access for proposed Southlake
development.
b. Section 551.071(2) – Consultation with Town Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline.
The Town Council convened into Executive Session at 4:00 p.m.
13. RECONVENE MEETING.
The Town Council reconvened from Executive Session at 5:12 p.m. to begin the regular
meeting.
14. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
15. RECAP AND STAFF DIRECTION.
Council direction to staff was as follows:
Have a discussion regarding the Homeowner’s Associations in April.
Bring proposed meeting dates to the Council for consideration and approval.
Research what other schools are doing regarding COVID-19 for the new school
year.
16. FUTURE AGENDA ITEMS.
None.
17. ADJOURNMENT.
There being no further business before the Town Council or Board of Trustees, Mayor
Wheat asked for a motion to adjourn the meeting.
MOTION: Council Member Belvedere made a motion to adjourn the meeting.
Council Member Dasgupta seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 8:44 p.m.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
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Page 5 of 6
APPROVED BY THE TOWN COUNCIL ON FEBRUARY 7, 2022.
ATTEST: _____________________________
Laura Wheat, Mayor
__________________________
Todd Wood, Town Secretary
TC/BOT Minutes – 09/13/21
Page 6 of 6
MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEESMEETING
SEPTEMBER 27, 2021
In accordance with Order of the Office of the Governor issued March 16, 2020,and March 19,
2020, the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy
conductedthis joint virtual meeting at 5:00 p.m. on Monday, September27, 2021.In order to
advance the public health goal of promoting "social distancing" to slow the spread of the
Coronavirus (COVID-19), there was limited public access to the physical location described aboveto
thirty (30) seats forthe public on a first-come, first-serve basis.A recording of this meeting was
made and will be available to the public in accordance with the Open Meetings Act.
PRESENT:Mayor Pro-Tem Carol Langdon, Council/Board of Trustee Members
Chandrika Dasgupta,Alesa Belvedere, and Anna White.
ABSENT:Mayor/President Laura Wheat, and Council Member Rajiv Trivedi.
OTHERS PRESENT:Town Manager/Superintendent Amanda DeGan, Deputy Town
Manager Noah Simon, Assistant Town Manager Jarrod
Greenwood, School Attorney Janet Bubert, Town Secretary Todd
Wood, Executive Director Dr. Mechelle Bryson, Business Manager
Marlene Rutledge, Director of Planning & Development Ron
Ruthven,Municipal Court Administrator Jeanie Roumell, Fire Chief
Richard Whitten, HR Director Sandy Garza, Westlake Academy
Foundation Executive Director Shelly Myers, PYP Principal Rod
Harding, PYP Coordinator Alison Schneider, MYP Principal Kaylene
Rudd, and DP Principal Dr. James Owen, Mr. Ralph Bush with
Centurion American, and Mr. Paul Pastore.
RegularSession
1.CALL TO ORDER
MayorPro-Tem LangdonWheat called the Town Councilmeeting to order at 5:11p.m.
2.PLEDGE OF ALLEGIANCE
TC Minutes –09/27/21
Page 1of 6
3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council
on any matter, whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time
limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to
hold their comment on an agenda item if the item is posted as a Public Hearing. The
Town Council cannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town
Council will receive the information, ask staff to review the matter, or an item may be
noticed on a future agenda for deliberation or action.
Rich DeOtte from the Tarrant Appraisal District addressed the Council. He stated that his
objective was to help the Appraisal District to identify processes to help citizens feel that
the taxation process is fair, and he would appreciate the Town’s endorsement in the
upcoming elections. Mr. DeOtte thanked the Council for their time.
4. ITEMS OF COMMUNITY INTEREST
Director of Community Engagement Jon Sasser updated the Town Council on the
following items:
Town Council Work Session/Meeting on Monday, September 27, 2021 at 5:00
p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Board of Trustees Meeting on Monday, October 4, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Cocktails & Conversation on Tuesday, October 5, 2021 at 5:00 p.m. in Solana
Terrace-Bldg.7, First floor lounge.
Planning & Zoning Meeting on Monday, October 11, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
New Residents Meeting on Tuesday, October 12, 2021 at 6:00 p.m. in Laura
and Doug Wheat’s Home.
Chamber Luncheon on Wednesday, October 13, 2021 at 11 a.m. in the Texas
Motor Speedway Club.
Westlake Classic Car Show on Saturday, October 16, 2021 from 11:00 a.m. to
4:00 p.m., located at 2902 Sam School Road, Westlake, TX 76262.
Vaquero/Quail Hollow Neighborhood Meeting on Tuesday, October 19, 2021
at 6:00 p.m. in Laura and Doug Wheat’s Home.
Town Council Work Session/Meeting on Monday, October 25, 2021 at 5:00
p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Blood Drive on Saturday, October 30, 2021, from 8 a.m. to 4 p.m. located at
2000 Dove Road: Westlake Fire-EMS Station.
TC Minutes – 09/27/21
Page 2 of 6
New Residents Meeting on Tuesday, November 9, 2021 at 6:00 p.m. in Laura
and Doug Wheat’s Home.
5. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
sequence.
a. Consider approval of the Joint Town Council/Board of Trustee meeting minutes
from May 10, 2021.
b. Consider approval of the Joint Town Council/Board of Trustee meeting minutes
from May 24, 2021.
c. Consider approval of Ordinance 938, repealing Ordinance 896 adopting the
Town of Westlake fee schedule by adopting a new fee schedule; providing a penalty;
providing a cumulative clause; providing a severability clause; providing a savings
clause; authorizing publication; and establishing an effective date.
MOTION: Council Member Belvedere made a motion to approve
the consent agenda. Council Member Dasgupta seconded the
motion. The motion carried by a vote of 3-0.
6. PRESENTATION AND DISCUSSION FROM TRI-COUNTY ELECTRIC.
Mr. Darryl Shriver, President and CEO of Tri-County Electric gave a brief presentation to
the Council, outlining Tri-County’s service area. Mr. Shriver then briefly explained some
of the issues that involved ERCOT in February’s winter storm, and the regulations that
were involved for all power companies across Texas. Mr. Shriver then thanked the
Council for their time.
7. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE
939, APPROVING PROPOSED AMENDMENTS TO ORDINANCE 928
REGULATING THE PD7 ZONING DISTRICT, KNOWN AS “WESTLAKE RANCH”,
APPROVING CONCEPT/DEVELOPMENT PLAN FOR A 3-ACRE PORTION
THEREOF, LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE.
Director of Planning and Development Ron Ruthven presented this item. He explained
that Ordinance 928 was approved in May, and proposed amendments were on the
agenda for consideration. These amendments would divide the project into two phases,
with the second phase involving three (3) homes. He noted that the proposed
amendments met all of the design guidelines andwas recently approved by the P&Z
Commission by a vote of 4-1.
Mayor Pro-Tem Langdon opened the public hearing at 6:36 p.m.
No one addressed the Town Council.
Mayor Pro-Tem Langdon closed the public hearing at 6:36 p.m.
TC Minutes – 09/27/21
Page 3 of 6
MOTION: Council Member Dasgupta made a motion to approve Ordinance
939. Council Member Belvedere seconded the motion. The
motion carried by a vote of 4-0.
8. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE
940, AUTHORIZING A SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A
RESIDENTIAL REPOSITORY TO BE LOCATED ON AN APPROXIMATELY 0.71-
ACRE PORTION OF BLOCK C, WESTLAKE ENTRADA, LOCATED BETWEEN
ARAGON DRIVE AND SH 114.
Mr. Ralph Bush with Centurion American provided an update on this project to the
Council. He showed the changes that are proposed since the project was last brought
before the Council.
Mayor Pro-Tem Langdon opened the public hearing at 6:55 p.m.
No one addressed the Town Council.
Mayor Pro-Tem Langdon closed the public hearing at 6:55 p.m.
MOTION: Council Member Belvedere made a motion to approve Ordinance
940. Council Member White seconded the motion. The motion
carried by a vote of 4-0.
9. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE
941, APPROVING PROPOSED AMENDMENTS TO ORDINANCE 855, AND
APPROVING A SPECIFIC USE PERMIT (SUP) FOR 126 CONDOMINIUM UNITS
IN THE PD1-2 ZONING DISTRICT, KNOWN AS “WESTLAKE ENTRADA”. THE
SITE IS LOCATED ON BLOCK K, WESTLAKE ENTRADA ADDITION, BETWEEN
COSTA BRAVA DRIVE, GIRONA DRIVE AND CORTES DRIVE.
Mayor Pro-Tem Langdon opened the public hearing at 7:18 p.m.
No one addressed the Town Council.
Mayor Pro-Tem Langdon closed the public hearing at 7:18 p.m.
MOTION: Council Member Belvedere made a motion to approve Ordinance
941. Council Member White seconded the motion. The motion
carried by a vote of 4-0.
10. TOWN MANAGER/SUPERINTENDENT UPDATE
a. Development
b. Communication Update
This item was re-ordered to follow Item #6 on the agenda. Town Manager Amanda
DeGan presented this item; providing updates on the developments that are currently in
TC Minutes – 09/27/21
Page 4 of 6
progress. Mrs. DeGan then addressed the Communications efforts that were being
provided by the Town. Deputy Town Manager Noah Simon then introduced
representatives from Cooksey Communications, who would be performing a strategic
communications assessment.
12. EXECUTIVE SESSION
The Town Council conducted a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney – to seek advice of counsel on
matters in which the duty of the Town Attorney under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551
of the Texas Government Code - FM 1938 access for proposed Southlake
development.
b. Section 551.071(2) – Consultation with Town Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline.
The Town Council convened into Executive Session at 4:00 p.m. No Executive
Session was convened during the regular meeting.
13. RECONVENE MEETING.
The Town Council reconvened from Executive Session at 5:08 p.m. to begin the regular
meeting.
14. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
15. RECAP AND STAFF DIRECTION.
Council direction to staff was as follows:
Add a follow-up with Mr. Ralph Bush to the items that are approved for Council
discussion.
16. FUTURE AGENDA ITEMS.
None.
17. ADJOURNMENT.
There being no further business before the Town Council or Board of Trustees, Mayor
Pro-Tem Langdon asked for a motion to adjourn the meeting.
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Page 5 of 6
MOTION: Council Member Dasgupta made a motion to adjourn the meeting.
Council Member White seconded the motion. The motion carried
by a vote of 4-0.
Mayor Pro-Tem Langdon adjourned the meeting at 7:30 p.m.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
APPROVED BY THE TOWN COUNCIL ON FEBRUARY , 2022.
ATTEST: _____________________________
Laura Wheat, Mayor
__________________________
Todd Wood, Town Secretary
TC Minutes – 09/27/21
Page 6 of 6
MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEESMEETING
OCTOBER 4, 2021
The Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy
conductedthis joint meeting at 5:00 p.m. on Monday, October4, 2021.In order to advance
the public health goal of promoting "social distancing" to slow the spread of the Coronavirus
(COVID-19), there will be limited public access to the physical location described above. A limit
of thirty (30) seats will be available to the public on a first-come, first-serve basis.A recording
of this meeting wasmade and will be available to the public in accordance with the Open
Meetings Act.
PRESENT:Mayor/Board PresidentLaura Wheat, and Town Council/Board of
Trustee membersCarol Langdon, Chandrika Dasgupta,Alesa
Belvedere, and Anna White.
ABSENT:Town Council/Board of Trustee Member Rajiv Trivedi.
OTHERS PRESENT:Town Manager/Superintendent Amanda DeGan, Deputy Town
Manager Noah Simon, Assistant Town Manager Jarrod
Greenwood, Town Secretary Todd Wood, Executive Director Dr.
Mechelle Bryson, Business Manager Marlene Rutledge, Director of
Public Works & Facilities Troy Meyer,IT Director Jason Power,
Director of Community Engagement Jon Sasser, Business Manager
Marlene Rutledge, College Counselor Carl Tippen, Counselor
Lakshmi Morgan, Counselor Sarah DeRaud, PYP Principal Rod
Harding, MYP Principal Kaylene Rudd, DP Principal Dr. James
Owen, and Robin McCaffrey with Mesa Planning.
RegularSession
1.CALL TO ORDER
MayorWheat called the Town Councilmeeting to order at 5:33p.m.
2.PLEDGE OF ALLEGIANCE
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Page 1of 6
3.CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council
on any matter, whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time
limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to
hold their comment on an agenda item if the item is posted as a Public Hearing. The
Town Councilcannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town
Councilwill receive the information, ask staff to review the matter, or an item may be
noticed on a future agenda for deliberation or action.
No one addressed the Town Council or the Board of Trustees.
4.ITEMS OF COMMUNITY INTEREST
Director of Community Engagement Jon Sasser updated the Town Council on the
following items:
Board of Trustees Meeting on Monday, October 4, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Cocktails & Conversation on Tuesday, October 5, 2021 at 5:00 p.m. in Solana
Terrace-Bldg.7, First floor lounge.
Planning & Zoning Meeting onMonday, October 11, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
New Residents Meeting onTuesday, October 12, 2021at 6:00 p.m. in Laura
and Doug Wheat’s Home.
Chamber Luncheon onWednesday, October 13, 2021at11 a.m. in the Texas
Motor Speedway Club.
Westlake Classic Car Show onSaturday, October 16, 2021from 11:00a.m. to
4:00 p.m., located at 2902 Sam School Road, Westlake, TX 76262.
Vaquero/Quail Hollow Neighborhood Meeting on Tuesday, October 19, 2021
at 6:00 p.m. in Laura and Doug Wheat’s Home.
Town Council Work Session/Meeting on Monday, October 25, 2021at 5:00
p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Blood Drive onSaturday, October 30, 2021,from 8 a.m. to 4 p.m.located at
2000 Dove Road: Westlake Fire-EMS Station.
New Residents Meeting onTuesday, November 9, 2021at 6:00 p.m. in Laura
and Doug Wheat’s Home.
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Page 2of 6
5.PRESENTATION AND RECOGNITION OF A WESTLAKE ACADEMY STUDENT.
Dr. James Owen presented this item. He stated that this student from Westlake Academy
wrote a book that has been chosen as the winner of the Texas Choice Award for Visual
Arts. This will be published as an illustrated children’s book.
6.CONSENT AGENDA:All items listed below are considered routine by the Town Council
and Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
sequence.
a.Consider approvalof the Joint Town Council/Board of Trustee meeting minutes
from June 7, 2021.
b.Consider approval of the Joint Town Council/Board of Trustee meeting minutes
from June 17, 2021.
c.Consider Resolution21-32, approving an Interlocal Agreement for Mutual Aid
with the City of Allen, Texas for Information Technology Services; authorizing the
Town Manager to execute the agreement; and providing an effective date.
MOTION:Council Member Langdonmade a motion to approve
the consent agenda. Council Member Whiteseconded the motion.
The motion carried by a vote of 4-0.
7.PRESENTATION AND DISCUSSION OF THE WESTLAKE PUBLIC ART PROGRAM.
Prior to this presentation, Mayor Wheat commented that this discussion had ensued for
many years, and how public art was very important to the development of the
community. Mayor Wheat then noted that one of her favorite slides from the
Comprehensive Planillustrated the forces that surrounded Westlake and wanted to
impede the development of the town, and how Westlake must use its boundaries to
define itself and its identity as a town.
Robin McCaffrey with Mesa Planning presented this item. He began by noting that
Citizens have identified the Purposes of Art as a feature of Westlake citizens have called
for a close partnership between Westlake and the larger Art Community of the
Metroplex. Mr. McCaffrey then stated that this is a partnership, and requires the
following:
Working with Art Institutions and Galleries
Jointly seeking opportunities for emerging talent
Fulfilling an historic role for government
Assuring that what is brought to Westlake meets the higher standards of
timelessness and masterpiece
Mr. McCaffrey then noted the names of the individuals on the Westlake Public Art
Committee, and the artist that had been selected for the project, Mr. Michael Singer.
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Page 3of 6
8.CONDUCT PRESENTATION AND DISCUSSION OF COUNSELING FOR MENTAL
HEALTH AND SOCIAL SUPPORT.
Dr. Mechelle Bryson presented this presented this item. She began by stating Westlake
Academy’s goal as an IB World School is to inspire college-bound student to achieve
their highest individual potential in a nurturing environment that fosters the traits found
in the IB Learner Profile. In doing so, the primary goal of the school counseling
program is to promote and enhance learning through academic support, developmental
responsiveness, and college and career readiness. Our counselors provide the following
services:
Assist students in resolving academic issues;
Assist students in developing skills to improve organization, study habits, and time
management;
Assist students in working through personal problems that affect academics and
relationships;
Assist students in improving social skills;
Assist students in identifying college and career goals;
Assist students in coping with trauma; and
Assist families in finding community resources.
Dr. Bryson noted that the purpose of this presentation wasto inform the Board of
Trustees of Westlake Academy’s mental health and social counseling services. In light
of the impact of COVID-19 withstudents, counselors have planned a series of services
designed to support students and assist them in building healthy choices that promote
healthy lives. Dr. Bryson then showed a presentation that reviewedWestlake Academy’s
counselor involvement in the new ATL and Blacksmith programs, implementation of No
Place for Hate, the Hope Squad, Sandy Hook Promise: Start with Hello program, suicide
prevention initiative, and social emotion learning initiatives.
Dr. Bryson then stated thatWestlake Academy Counselors care deeply for the well-being
of students and strive daily to assist our students in living a balance life committed our
the IB learner profile.
9.CONDUCT PRESENTATION ANDDISCUSSION OF THE WESTLAKE ACADEMY
SPECIAL EDUCATION PROGRAM.
Mr. Carl Tippen presented this item to the Board.He began by stating that the social
and emotional transitioning for students were taken into account with great concern.
Mr. Tippen then provided a review of these services to the Board.
10.TOWN MANAGER/SUPERINTENDENT UPDATE.
Town Manager Amanda DeGan presented this item; providing updates on the
developments that are currently in progress. She began by reminding the Board of the
presentation that was presented at the last meeting, which included COVID-19 updates
and facilities expansion at Westlake Academy.
th
Mrs. DeGan then noted that on September 16, TEA guidelines changed and these
changes to the public health document was communicated to the Superintendents.
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Page 4of 6
12.EXECUTIVE SESSION
The Town Council conducteda closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a.Section 551.071(2) –Consultation with Town Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter:Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
The Town Council convened into Executive Session at 5:01p.m. No Executive
Sessionwas convened during the regular meeting.
13.RECONVENE MEETING.
The Town Council reconvened from Executive Session at 5:32p.m. to begin the regular
meeting.
14.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
15.RECAP AND STAFF DIRECTION.
None.
16.FUTURE AGENDA ITEMS.
None.
17.ADJOURNMENT.
There being no further business before theTownCouncilor Board of Trustees, Mayor
Wheatasked for a motion to adjourn the meeting.
MOTION:Council Member Langdonmade a motion to adjourn the meeting.
Council Member Whiteseconded the motion. The motion carried
by a vote of 4-0.
Mayor Wheatadjourned the meeting at 8:14p.m.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
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Page 5of 6
APPROVED BY THE TOWN COUNCIL ONFEBRUARY, 2022.
ATTEST:_____________________________
Laura Wheat, Mayor
__________________________
Todd Wood, Town Secretary
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Page 6 of 6
MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEESMEETING
OCTOBER 25, 2021
The Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy
conductedthis joint meeting at 5:00 p.m. on Monday, October25, 2021.In order to advance
the public health goal of promoting "social distancing" to slow the spread of the Coronavirus
(COVID-19), there will be limited public access to the physical location described above. A limit
of thirty (30) seats will be available to the public on a first-come, first-serve basis.A recording
of this meeting wasmade and will be available to the public in accordance with the Open
Meetings Act.
PRESENT:Mayor/Board PresidentLaura Wheat, and Town Council/Board of
Trustee membersCarol Langdon, Rajiv Trivedi, Chandrika
Dasgupta,Alesa Belvedere, and Anna White.
ABSENT:None.
OTHERS PRESENT:Town Manager/Superintendent Amanda DeGan, Deputy Town
Manager Noah Simon, Assistant Town Manager Jarrod
Greenwood, Town Secretary Todd Wood,Town Attorney Stan
Lowry, Finance Director Ginger Awtry, Director of Public Works &
Facilities Troy Meyer,IT Director Jason Power, Director of
Planning & Development Ron Ruthven, Director of Community
Engagement Jon Sasser, HR Director Sandy Garza, Fire Chief
Richard Whitten, Deputy Fire Chief John Ard, Court Administrator
Jeannie Roumell, Town Marshal Bobby Cure,Building Official Pat
Cooke, Keller Police Chief Brad Fortune, and Peggy Woolridge with
the Marriott Dallas/Fort Worth Westlake hotel.
RegularSession
1.CALL TO ORDER
MayorWheat called the Town Councilmeeting to order at 5:17p.m.
2.PLEDGE OF ALLEGIANCE
TC/BOTMinutes –10/25/21
Page 1of 8
3.CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council
on any matter, whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time
limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to
hold their comment on an agenda item if the item is posted as a Public Hearing. The
Town Councilcannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town
Councilwill receive the information, ask staff to review the matter, or an item may be
noticed on a future agenda for deliberation or action.
No one addressedthe Town Council or the Board of Trustees.
4.ITEMS OF COMMUNITY INTEREST
Director of Community Engagement Jon Sasser updated the Town Council on the
following items:
Town Council Work Session/Meeting/Public Hearing on Monday, October
25, 2021at 5:00 p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Community Blood Drive onSaturday, October 30, 2021,from 8 a.m. to 4 p.m.
located at 2000 Dove Road: Westlake Fire-EMS Station.
Town Council/Board of Trustees Meeting on Monday, November 1, 2021 at
5:00 p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Coffee& Conversation on Monday, November 1, 2021 at 8:00 p.m. at Sip and
Stir Coffee, located at 1301 Solana Blvd., in Westlake.
Planning & Zoning Meeting onMonday, November 8, 2021 at 5:00 p.m. in
Westlake Town Hall, SolanaTerrace-Bldg.7, Suite 7100.
New Residents Meeting onTuesday, November 9, 2021 at 6:00 p.m. in Laura
and Doug Wheat’s Home.
Westlake Academy Closed for the Thanksgiving holiday onMonday,
ndth
November 22through November 26, 2021.
Westlake Town Hall and Municipal Court Closed for the Thanksgiving
th
holiday onThursday, November 25and Friday, November 26, 2021.
5.PRESENTATION AND CONSIDERATION OF RESOLUTION 21-34, APPROVING
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH THE MARRIOTT
DALLAS/FORT WORTH WESTLAKE.
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6.CONSENT AGENDA:All items listed below are considered routine by the Town Council
and Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
sequence.
a.Consider approvalof the Town Council minutes from the Joint meeting onJune 21,
2021.
b.Consider approval of Resolution WA 21-22,amending personnel policies and
adopting the 2021-2022 Westlake Academy Personnel Manual.
c.Consider approval of Resolution WA 21-23, approvingthe addition of a 457
deferred compensation plan to the employee benefit package, establishing the
Academy’s 457 deferred compensation plan program coordinator, and authorizing
the Superintendent to enter into an agreement with MissionSquare retirement.
d.Consider approval of Resolution 21-35, approving a development and economic
development agreement between Pearson 35 Opportunities, LLC. and the Town of
Westlake.
MOTION:Council Member Belvedere made a motion to approve
the consent agenda. Council Member Dasguptaseconded the
motion. The motion carried by a vote of 5-0.
7.CONDUCTA PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE
942, APPROVING PROPOSED AMENDMENTS TO ORDINANCE 202,
APPROVING THE PD1 ZONING DISTRICT BY APPROVING A SITE PLAN
AMENDMENT TO CONSTRUCT A NEW SPORTS CLUB ON LOT 1R, BLOCK 3,
WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE, LOCATED AT THE
SOUTHWEST CORNER OF SOLANA BLVD. AND SAM SCHOOL ROAD.
Director of Planning and Zoning Ron Ruthven presented this item. Mr. Ruthven
mentioned that a variance was requested for a 50-foot variance to the roadway for
landscaping, as opposed to the 100-foot variance currently in effect. Mr. Ruthven
confirmed that a 50-foot variance was currently in effect; however, this could not be
grandfathered in, and must be voted on separately.
Mayor Wheat opened the Public Hearing at 6:31 p.m.
Mr. Chris Tucker addressed the Town Council regarding Ordinance 942.
Ms. Maggie Mahoney addressed the Town Council regarding Ordinance 942.
Mayor Wheat closed the Public Hearing at 7:47p.m.
MOTION:Council Member Belvederemade a motion to approve
Ordinance 942. Council Member Dasguptaseconded the motion.
The motion carried by a vote of 5-0.
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8.CONSIDER APPROVALOF RESOLUTION 21-36, APPROVING A DEVELOPMENT
AGREEMENT WITH LTF REAL ESTATE COMPANY, INC., FOR 1R, BLOCK 3,
WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE.
Director of Planning and Development Ron Ruthven presented this item. He began by
stating that This item is a companion item to the request from LTF Real Estate
Company, Inc. (Lifetime Fitness) for a site plan amendment. This item includes a
development agreement between LTF Real Estate Company, Inc. and the Town that
includes credits for off-site utility connections to Town utilities. Currently, Larry North
Fitness is served by the Trophy Club Municipal Utility District for water utilities. As part
of the proposed agreement, Lifetime Fitness would connect to Town of Westlake water
utilities as part of the redevelopment of the subject property. Since the proposed
connection would involve extending a portion of the service beyond the subject
property, the agreement includes credits, in an amount not to exceed a total of $50,000,
for the portion of the utility extension that is off-site. The credit can either be
reimbursed to the developer in the form of a check or deducted from the building and
development fees due upon redevelopment of the site.
The agreement also includes details regarding the planting of trees on the Town owned
park located south of the subject property as part of the required tree mitigation, and
improvements/maintenance to the park property by the developer.
MOTION:Council Member Belvederemade a motion to approve
Resolution 21-36. CouncilMember Dasguptaseconded the
motion. The motion carried by a vote of 5-0.
9.CONSIDER APPROVAL OF RESOLUTION 21-37, RESOLUTION 21-38, AND
RESOLUTION 21-39, APPROVING POLICING POLICIES FOR THE TOWN OF
WESTLAKE MARSHAL’S OFFICE AND ESTABLISHING INTERLOCAL
AGREEMENTS.
The Town of Westlake’s Town Marshal has been performing in an expanded role
serving as the School Resource Officer (SRO) for Westlake Academy as part of our
shared services model. The Marshal’s office is a recognized police agency through the
State of Texas and employeeswho arecertified as police officers who fill a variety of
roles, bailiff for court, SRO at the school, security for the court offices, for our
organization. Over the past several months, Staff members worked withthe City of
Keller Police Department to create and draft the agreements that will address the
numerous procedures for police responses that arise trough the Marshal’s work as a
peace officer. All policy documents and ILA’s have been reviewed by theTown of
Westlake Attorney.
Staff will discuss the following componentsof this agenda item:
1.Interlocal Agreement (ILA) with Keller amending our current police services
contract and identify the expanded Marshal’s duties within our existing
agreement.
2.Interlocal Agreement (ILA) with the City of Roanoke to provide investigative
services in the event a situation arises that requires an internal investigation.
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MOTION:Council Member Belvederemade a motion to approve
Resolution 21-37. Council Member Dasguptaseconded the
motion. The motion carried by a vote of 5-0.
MOTION:Council Member Belvederemade a motion to approve
Resolution 21-38. Council Member Dasguptaseconded the
motion. The motion carried by a vote of 5-0.
MOTION:Council Member Belvederemade a motion to approve
Resolution 21-39. Council Member Dasguptaseconded the
motion. The motion carried by a vote of 5-0.
10.PRESENTATION AND DISCUSSION OF THE APPROVED FY 2021-2022 CAPITAL
IMPROVEMENT PROJECTS UNDER CONSIDERATION.
Mr. Troy Meyer, Director of Public Works & Facilities, presented this item. He began by
stating thatThe Capital Improvement Plan (CIP) is the Town’s strategy for infrastructure
development and improvement. This includes, road expansion, repairs on publicly
owned buildings, and the acquisition of new water sources. The CIP is a multi-year
document that summarizes capital projects for the next five (5) years. Each project has
individual cost estimates and financing methods for improvements. The CIP establishes
the Town’s priorities and serves as a blueprint for investment in capital infrastructure in
the short and long-term.
The CIP Plan Process
IDENTIFYING A NEED
The CIP process begins with identifying capital project needs based on the Town’s
Balanced Scorecard and Comprehensive Plan.
FUNDING SOURCES
Once a capital project need is identified, staff analyze potential funding sources.
There are four primary funding sources for capital projects:
Cash Funding (revenue sources such as sales, hotel/motel and property taxes)
State/Federal funding (public grants)
Private Funding (developmental impact fees or charitable donations); and
Bond Issuance.
FUNDED vs. UNFUNDED PROJECTS
The CIP includes funded and unfunded capital projects. Funded capital projects have
been approved and adopted by Town Council. Unfunded projects are capital needs
identified by Town staff and/or Council that are subject to more discussion. These
projects may be moved to the “Funded” section of the CIP or moved out into future
years depending on the Town’s priorities, funding availability, or other considerations.
Documenting unfunded projects ensures stakeholders are aware of the Town’s capital
needs so that funding can be secured or through further evaluation that may eliminate
the project entirely.
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The following projects were approved by the Town Council on September 13, 2021, as
part of the FY 21-22 budget approval and funded by approximately $3.4M in certificates
of obligation.
Roanoke Road Reconstruction & Drainage South
o Stabilization of road subgrade and 6" of asphalt to approximately4,000 LF of
Roanoke Road and replace/improve culverts and ditches
o Highway 170 south to the Town limits
SH114 Service Road Construction
o Additional landscape work at Solana and HWY 114
o Jerry Hodge & Associates, LLC has been retained
GPS Opticom Traffic Control
o Opticom GPS Systems to assist emergency vehicles through signalized
intersections
Cemetery Improvements
o Improvements will include an internal road, trails, and landscaping
Trail -Dove/Pearson/Aspen
o Trail connectivity from Aspen Lane north to Dove Road along the east side of
Pearson Road
Pearson Lane Recon/Drainage
o Provide stabilization of road subgrade and 5" of asphalt to approximately 1,300
LF of Pearson Lane and replace/improve culverts and ditches
Wayfinding Signage
o The Town’s major signage to direct visitors through major corridors that lead to
various Town destinations and trails.
11.TOWN MANAGER/SUPERINTENDENT UPDATE.
Town Manager Amanda DeGan presented this item; providing updates on the
developments that are currently in progress.
Mayor Wheat asked that this item be withheld from this meeting, and that topics be
further delineated in the future.
12.EXECUTIVE SESSION
The Town Council conducteda closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a.Section 551.071(2) –to seek advice of counsel on matters in which the duty of
the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code -FM 1938 access for proposed Southlake development.
b.Section 551.071(2) –Consultation with Town Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter:Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
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c.Section 551.071(2) -Consultation with Attorney –to seek advice of counsel on
matters of bankruptcy proceedings by the Texas Student Housing Authority.
The Town Council convened into Executive Session at 4:04p.m. No Executive
Session was convened during the regular meeting.
13.RECONVENE MEETING.
The Town Council reconvened from Executive Session at 5:15p.m. to begin the regular
meeting.
14.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
15.RECAP AND STAFF DIRECTION.
Council direction to staff was as follows:
School Resource Officer roles and communication
Follow-up on the Lifetime pool lighting and parking lot.
16.FUTURE AGENDA ITEMS.
a.Approved by Council for Discussion
i.Historical Designations for various properties in Westlake (5/24)
ii.Quarterly HOA Board Meeting Discussions (8/23)
b.Submitted for Review & Archive
i.Live stream Council Meetings
ii.Meet the Candidate forums during the Election cycle
17.ADJOURNMENT.
There being no further business before theTownCouncilor Board of Trustees, Mayor
Wheatasked for a motion to adjourn the meeting.
MOTION:Council Member Langdonmade a motion to adjourn the meeting.
Council Member Trivedi seconded the motion. The motion carried
by a vote of 5-0.
Mayor Wheatadjourned the meeting at 7:45p.m.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
APPROVED BY THE TOWN COUNCIL ON FEBRUARY 7, 2022.
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ATTEST:_____________________________
Laura Wheat, Mayor
__________________________
Todd Wood, Town Secretary
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MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEESMEETING
NOVEMBER 1, 2021
PRESENT:Mayor/Board PresidentLaura Wheat, and Town Council/Board of
Trustee membersCarol Langdon, Rajiv Trivedi, Chandrika
Dasgupta,Alesa Belvedere, and Anna White.
ABSENT:None.
OTHERS PRESENT:Town Manager/Superintendent Amanda DeGan, Deputy Town
Manager Noah Simon, Assistant Town Manager Jarrod
Greenwood, Finance Director Ginger Awtry, Director of Public
Works & Facilities Troy Meyer,IT Director Jason Power,
Accountant Anastasia Whigham, Director of Community
Engagement Jon Sasser, HR Director Sandy Garza,Deputy Fire
Chief John Ard, Westlake Academy Executive Director Dr.
Mechelle Bryson, PYP Principal Mr. Rod Harding, DP Principal Dr.
James Owen, and Westlake Academy Executive Director Dr. Shelly
Meyers.
RegularSession
1.CALL TO ORDER
MayorWheat called the Town Councilmeeting to order at 5:07p.m.
2.PLEDGE OF ALLEGIANCE
3.CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council
on any matter, whether or not it is posted on the agenda.
This is an opportunity for citizens to address the Town Council or Board of Trustees on
any matter, whether or not it is posted onthe agenda. Individual citizen comments are
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Page 1of 5
normally limited to three (3) minutes; however, time limits can be adjusted by the
presiding officer. The presiding officer may ask the citizen to hold their comment on an
agenda item if the item is posted as aPublic Hearing. The Town Council and Board of
Trustees cannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town
Council and Board of Trustees will receive the information, ask staff to review the matter,
or an item may be noticed on a future agenda for deliberation or action.
No one addressed the Town Council or the Board of Trustees.
Mr. Wayne Stoltenberg addressed the Board regarding the process for recruiting the new
Westlake Academy Executive Director.
Mr. Marcus Novacheck addressed the Board regarding the portables at Westlake Academy.
4.PRESENTATION AND RECOGNITION OF WESTLAKE ACADEMY STUDENTS.
Mrs. Kaylene Rudd addressed the Board and presented three students who had achieved
exceptional projects. The students gave a brief synopsis of their projects, and the Board
thanked all students for their efforts.
5.ITEMS OF COMMUNITY INTEREST:
Director of Community Engagement Mr. Jon Sasser updated the Town Council on the
following items:
Town Council/Board of Trustees Meeting on Monday, November 1, 2021 at
5:00 p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Coffee& Conversation on Monday, November 1, 2021 at 8:00 p.m. at Sip and
Stir Coffee, located at 1301 Solana Blvd., in Westlake.
Planning & Zoning Meeting onMonday, November 8, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
New Residents Meeting onTuesday, November 9, 2021 at 6:00 p.m. in Laura
and Doug Wheat’s Home.
Town Council/Board of Trustees Meeting on Monday, November 15, 2021 at
5:00 p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Lone Star Legislative Report on Friday, November 19, 2021 from 11 a.m. –1.
p.m. at the DFW Marriott Hotel and Golf Club.
Westlake Academy Closed for the Thanksgiving holiday onMonday,
ndth
November 22through November 26, 2021.
Westlake Town Hall and Municipal Court Closed for the Thanksgiving
th
holiday onThursday, November 25and Friday, November 26, 2021.
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Town of Westlake Tree Lighting Event on Tuesday, November 30, 2021 from
6 p.m. to 9 p.m. located at 1500 Solana Bld., Westlake, TX.
Ms. Ginger Awtry then recognized Mrs. Anastasia Whigham, who recently obtained
her GFOA (Government Officers Certification). Ms. Awtry then explained the
rigorous requirements that were needed to achieve this designation. Mrs.
Whigham received congratulations by the Town Council.
6.CONSENT AGENDA:All items listed below are considered routine by the Town Council
and Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
sequence.
a.Consider approval of Resolution WA 21-24,amending the Westlake Academy
Discipline Policy.
b.Consider approval of Resolution WA 21-25, amendingthe Westlake Academy
Attendance Policy.
c.Consider approval of Resolution WA 21-26, amending the 2021-2022 Westlake
Academy Academic calendar.
d.Consider approval of Resolution 21-40, authorizing the Town Manager to enter
into a contract with the artist Michael Singer regarding a public art installation
project for the Town of Westlake.
e.Consider approval of Ordinance 943, amending chapter 90, Article II, traffic and
speed control, Division 3, speed, sections90-79, certain streets, subsection 16
altering the prima facie speed limits for vehicles under the provisions of section
545.356 of the State of Texas Transportation Code upon State Highway 170 or parts
thereof within the corporate limits of the Town of Westlake.
MOTION:Council Member Landonmade a motion to approve the
consent agendawith the exception of Item 6d, which would be
pulled and discussed furtherCouncil Member Belvedereseconded
the motion. The motion carried by a vote of 5-0.
Council Member Langdon then inquired as to the safety aspects of the
Public Art project, as it would be located in the median. Town
Manager Amanda DeGan stated that the safety issues had been
addressed with the Artist, and there was a clear understanding of the
safety engineering requirements that would be an integral part of the
installation.
MOTION:Mayor wheat then asked for a motion to approve
Resolution 21-40. Council Member Landonmade a motion to
approve. Council Member Whiteseconded the motion. The
motion carried by a vote of 5-0.
7.PRESENTATION AND DISCUSSION OF THE TOWN COUNCIL / BOARD OF
TRUSTEE ETHICS, RELATIONS, AND GOVERNANCE POLICY –PREVIOUSLY
TITLED COUNCIL/BOARD ETHICS POLICY.
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Town Manager Amanda DeGan presented this item to the Council.
8.TOWN MANAGER/SUPERINTENDENT UPDATE.
This Item was moved to #7. Town Manager Amanda DeGan presented this item,
providing updates on the developments on campus. She noted that there were four (4)
st
new positive COVID cases in a 1grade classroom. She noted that a broad usage of
protocols wasbeing used throughout the school, depending on the cases and
circumstances. Mrs. DeGan noted that since a remote learning option was no longer
available, decisions would be made in the best interests of the schoolmoving forward.
9.EXECUTIVE SESSION
The Town Council conducteda closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a.Section 551.071(2) –to seek advice of counsel on matters in which the duty of
the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code -FM 1938 access for proposed Southlake development.
b.Section 551.071(2) –Consultation with Town Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter:Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c.Section 551.071(2) - Consultation with Attorney –to seekadvice of counsel on
matters of bankruptcy proceedings by the Texas Student Housing Authority.
The Town Council convened into Executive Session at 4:04p.m.
10.RECONVENE MEETING.
The Town Council reconvened from Executive Session at 4:54p.m. to begin the Regular
Meeting.
11.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
12.RECAP AND STAFF DIRECTION.
Council direction to staff was as follows:
School Resource Officer roles and communication
Follow-up on the Lifetime pool lighting and parking lot.
13.FUTURE AGENDA ITEMS.
a.Approved by Council for Discussion
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i.Historical Designations for various properties in Westlake (5/24)
ii.Quarterly HOA Board Meeting Discussions (8/23)
b.Submitted for Review & Archive
i.Live stream Council Meetings
ii.Meet the Candidate forums during the Election cycle
14.ADJOURNMENT.
There being no further business before theTownCouncilor Board of Trustees, Mayor
Wheatasked for a motion to adjourn the meeting.
MOTION:Council Member Langdonmade a motion to adjourn the meeting.
Council Member Trivedi seconded the motion. The motion carried
by a vote of 5-0.
Mayor Wheatadjourned the meeting at 6:41p.m.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
APPROVED BY THE TOWN COUNCIL ON FEBRUARY 28, 2022.
ATTEST:_____________________________
Laura Wheat, Mayor
__________________________
Todd Wood, Town Secretary
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MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEESMEETING
NOVEMBER 15, 2021
The Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy
conductedthis joint meeting at 5:00 p.m. on Monday, November15, 2021.A recording of this
meeting wasmade and will be available to the public in accordance with the Open Meetings
Act.
PRESENT:Mayor/Board PresidentLaura Wheat, and Town Council/Board of
Trustee membersRajiv Trivedi, Chandrika Dasgupta,Alesa
Belvedere, and Anna White.
ABSENT:Town Council/Board of Trustee member Carol Langdon.
OTHERS PRESENT:Town Manager/Superintendent Amanda DeGan, Assistant Town
Manager Jarrod Greenwood, Town Attorney Stan Lowry, Town
Secretary Todd Wood, Finance Director Ginger Awtry, Director of
Public Works & Facilities Troy Meyer,IT Director Jason Power,
Director of Community Engagement Jon Sasser, HR Director
Sandy Garza, Fire Chief Richard Whitten, and Westlake Academy
Foundation Executive Director Dr. Shelly Myers.
RegularSession
1.CALL TO ORDER
MayorWheat called the Joint Town Counciland Board of Trustees meeting to order at
5:01p.m.
2.PLEDGE OF ALLEGIANCE
3.CITIZEN COMMENTS:This is an opportunity for citizens to address the Town Council
on any matter, whether or not it is posted on the agenda. Individual citizen comments
are normally limited to three (3) minutes; however, time limits can be adjusted by the
presiding officer. The presiding officer may ask the citizen to hold their comment on an
agenda item if the item is posted as a Public Hearing. The Town Council cannot by law
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Page 1of 6
take action nor have any discussion or deliberations on any presentation made at this time
concerning an item not listed on the agenda. The Town Council will receive the
information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Diane Colbyaddressed the or the Town Councilregarding alignment between Westlake
Academyand the Town.
Linda Bjorn addressed the or the Board of Trusteesregarding the recent state Volleyball
Championship win, and the current state of facility capacity.
4.ITEMS OF COMMUNITY INTEREST
Director of Community Engagement Jon Sasser updated the Town Council on the
following items:
Town Council Work Session/Meeting on Monday, November 15, 2021 at 5:00
p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Lone Star Legislative Report onFriday, November 19, 2021from 11 a.m. to
1:00 p.m., located at the DFW Marriott Hotel and Golf Club.
Westlake Academy Closed for the Thanksgiving holiday onMonday,
ndth
November 22through November 26, 2021.
Westlake Town Hall and Municipal Court Closed for the Thanksgiving
th
holiday onThursday, November 25and Friday, November 26, 2021.
Town of Westlake Tree Lighting on Tuesday, November 30, 2021from6:00
p.m.to 9:00 p.m., located at 1500 Solana Blvd.
Coffee& Conversation on Monday, December 6, 2021 at 8:00 a.m. at Sip and
Stir Coffee, located at 1301 Solana Blvd., in Westlake.
Board of Trustees Meeting on Monday, December 6, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Planning & Zoning Meeting onTuesday, December 7, 2021 at 5:00 p.m. in
Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
Town Council Work Session/Meeting on Monday, December 13, 2021 at 5:00
p.m. in Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100.
5.CONSENT AGENDA:All items listed below are considered routine by the Town Council
and/or Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council/BoardMember or citizen so requests, in which event
the item will be removed from the general order of business and considered in its normal
sequence.
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a.Consider approval of Resolution WA 21-24,amending the Westlake Academy
Discipline Policy.
b.Consider approval of Resolution WA 21-25, amendingthe Westlake Academy
Attendance Policy.
c.Consider approval of Resolution WA 21-26, amending the 2021-2022 Westlake
Academy Academic calendar.
d.Consider approval of Resolution 21-40, authorizing the Town Manager to enter
into a contract with the artist Michael Singer regarding a public art installation
project for the Town of Westlake.
MOTION:Council Member Dasguptamade a motion to approve
the consent agenda. Council Member Belvedereseconded the
motion. The motion carried by a vote of 4-0.
6.REPORTS: Reportsare prepared for informational purposes and will be accepted as
presented. (there will be no presentationsassociated with the reportitems)There will be no
separate discussionunless a Board of Trustees Member requests that report be removed
and considered separately.
a.Report regarding the 2021 Westlake Classic Car Show.
7.CONSIDER APPROVAL OF RESOLUTION 21-44, AUTHORIZING THE TOWN
MANAGER TO EXECUTE ANECONOMIC DEVELOPMENT AND LANDSCAPE
MAINTENANCE AGREEMENT WITH GRANADA RESIDENTIAL COMMUNITY, INC.
Director of Public Works and Facilities Troy Meyerpresented this item. In 2018, the
Granada HOA approached the Town to understand their maintenance responsibilities of
the development’s exterior landscape and hardscape improvements. Town staff has
worked with the Granada HOA and Town Council to determine some resolutions that
would be equitable and in keeping with other residential developments’ maintenance
responsibilities.
The proposed agreement is consistent with other developments along the FM1938 corridor
as it relates to open space maintenance and the Town’s cost sharing with the
HOA/developers. This agreement provides a one-time landscape replacement plan and
irrigation improvements to the Town Irrigated Area described in Exhibit “A”. The Granada
Association responsibilities are described in Exhibit “A” Section 2.02 of the agreement:
Maintain and operate irrigation systems, all plantings, grasses, and any
associated additions within the Town Irrigated Area and Association Irrigated
Area in accordance with this Agreement, the Association’s governing documents,
all applicable Town ordinances, rules and regulations, and applicable Texas law.
The Town’s responsibilities are described in Exhibit “A” Section 2.03 of the agreement:
Town will perform all services, and costs necessary to separate the irrigation
systems between the Town Irrigated Area and the Association Irrigated Area.
Town will provide the water necessary for the Association to irrigate and
maintain the Town Irrigated Area, including any water features and drinking
water fountains.
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Town will provide two (2) water meters within the Town Irrigated Area.
Town will maintain and repair the three existing (3) shade structures (see Exhibit
E) located within the Town Irrigated Area.
Town will conduct an analysis only of the efficiencies and deficiencies of the
irrigation systems in the Town Irrigated Area and Association Irrigated Area.
The cost for the analysis will be shared equally between the Town and
Association and shall be reviewed and approved by both parties prior to any
analysis being performed.
The Town will reimburse the Association for the one-time costs to restore the
landscaping in the Town Irrigated Area in accordance with “Landscape
Replacement Plan” as further identified in Exhibit D. The work shown on the
“Landscape Replacement Plan” shall be completed no later than April 30, 2022.
In no event shall the Town’s costs exceed $25,000.00.
The proposed agreement will increase the FY 21-22 Budget approximately $80,000, which
includes the one-time costs described above. The costs to provide water for irrigation will
increase future budgets by approximately $55,000.
MOTION:Council Member Trivedimade a motion to approve
Resolution 21-44. Council Member Belvedereseconded the
motion. The motion carried by a vote of 4-0.
8.CONSIDER APPROVAL OF RESOLUTION 21-45, AUTHORIZING THE TOWN
MANAGER TO HIRE A DATABASE ADMINISTRATOR FOR THE IMMEDIATE DATA
MANAGEMENT NEEDS OF THE STUDENT INFORMATION SYSTEM PROJECT AND
AMENDING THE BUDGET TO ALLOCATED FUNDING FOR THE POSITION.
Director of Information Technology Jason Powerpresented this item. Mr. Power explained
that in order to manage information and planned use of data for informed decision-
making, many schools have appointed a database administrator (DBA) or similar role, with
a primary responsibility around data management. Mr. Power then explainedthat
Westlake Academy has several staff membersassuming parts of this role, no one has the
title or ownership as a data manager for the Academy. Hiring for a full-time DBA is
especially critical when there will be wholesale changes to the data structures in the
school, which will be occurring as we transition to and use a new Student Information
System (SIS). Over the process of identifying our needs and requesting proposals from
vendors for a new SIS, both the consulting firm used and the vendors who responded to
the RFP recommended that a DBA should be already on staff or hired as soon as possible
before beginning the implementation of the new system. As with any institutional plans for
the growth of information systems, it requires more personnel to maintain such systems
to ensure functional stability, capacity development and effective use for data capture,
analysis,and reporting. The DBA will work with staff to develop a standardized definition
of data elements, a prioritized list of how data should be entered, used,and processed,
the benefits of greater data analysis, and how data may be utilized for teaching, learning
& operations. A robust training regimen supports this for all users relative to their
permission sets. In addition, this action will help leverage the affordability of the SIS and
other database solutions used across all departments of the Town of Westlake and
Westlake Academy in the long term by having staffin house to manage data and
communicate its value. The DBA will have system admin training experience, be the point
of reference, manage helpdesk tickets, and provide maintenance and upgrades for the
TC/BOTMinutes –11/15/21
Page 4of 6
systems.
MOTION:Council Member Whitemade a motion to approve
Resolution 21-45. Council Member Trivediseconded the
motion. The motion carried by a vote of 4-0.
9.PRESENTATION AND DISCUSSION OF THE DRAFT QUESTIONS FOR THE
RESIDENTIAL SURVEY INSTRUMENT, INCLUDING THE INCLUSION OF SPECIAL
INTEREST QUESTIONS REGARDING THE COMMUNITY’S INTEREST IN THE
ISSUANCE OF DEBT FOR FUTURE FACILITIES ON THE WESTLAKE ACADEMY
CAMPUS.
Town Manager/Superintendent Amanda Deganpresented this item. Mrs. Degan explained
that
10.EXECUTIVE SESSION:
The Town Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a.551.071(2) Consultation with Attorney –to seek advice of counsel on matters in
which the duty of the Town Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551
of the Texas Government Code -FM 1938 access for proposed Southlake
development.
b.Section 551.071(2) –Consultation with Town Attorney on a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter:Resolution No. 00-19, a Contract with Hillwood Development
Corporation Concerning the Design Engineering and Construction of the West
Side Pump Station and the Dove Road Waterline.
c.Section 551.071(2) -Consultation with Attorney –to seek advice of counsel on
matters of bankruptcy proceedings by the Texas Student HousingAuthority.
The Town Council convened into Executive Session at 4:04p.m.
10.RECONVENE MEETING.
The Town Council reconvened from Executive Session at 5:06p.m.
11.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
12.RECAP AND STAFF DIRECTION.
None.
13.FUTURE AGENDA ITEMS.
TC/BOTMinutes –11/15/21
Page 5of 6
a.Approved by Council for Discussion
i.Historical Designations for various properties in Westlake (5/24)
ii.Quarterly HOA Board Meeting Discussions (8/23)
b.Submitted for Review & Archive
i.Forma committee to explore finance options regarding building permanent
buildings to replace the portables at Westlake Academy: options to build
partnerships without Town’s biggest stake-holders, so that the expense
does not fall entirely on taxpayers.(Councilmember White)
ii.Amend the Town Ordinance(s)such thatthe Executive Director of Westlake
Academy is selected by a final approval by the Westlake Academy Board of
Trustees. (Councilmember White)
iii.Amend the Town Ordinance(s)such that we require the Superintendent of
Westlake Academy hold a minimum level of credentials as noted below:
a.Hold a Master’s degree or higher in Education.
b.Be enrolled in or have graduated from a Superintendent
Certification Program(Councilmember White)
iv.Amend the Town Ordinance(s)to separate the positions of Town Manager
and Superintendent.(Councilmember White)
v.Discussion regarding governance enrichment as a follow up to our Council
th
retreat on May 24with Mike Condiff. (Mayor Wheat)
vi.Social media policy as it relatesto bullying. (Mayor Wheat)
vii.Social media education policy for K-12. (Mayor Wheat)
14.ADJOURNMENT.
There being no further business before theTownCouncilor Board of Trustees, Mayor
Wheatasked for a motion to adjourn the meeting.
MOTION:Council Member Dasguptamade a motion to adjourn the meeting.
Council Member Trivediseconded the motion. The motion carried
by a vote of 4-0.
Mayor Wheatadjourned the meeting at 6:41p.m.
ANYITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
APPROVED BY THE TOWN COUNCIL ON FEBRUARY 28, 2022.
ATTEST:_____________________________
Laura Wheat, Mayor
__________________________
Todd Wood, Town Secretary
TC/BOTMinutes –11/15/21
Page 6of 6
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Consent
Monday, February 28, 2022
TOPIC: Consider a Resolution authorizing continued participation with the Atmos
Cities Steering Committee and authorizing payment of five cents per capita
to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation.
STAFF: Jarrod Greenwood, Assistant Town Manager
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
High Quality Planning, Design &
Development - We are a desirable
Planned / Responsible Municipal & Preserve Desirability
well planned, high-quality
Development Academic Operations & Quality of Life
community that is distinguished by
exemplary design standards.
SUMMARY
Most municipalities have retained original jurisdiction over gas utility rates and services within
municipal limits. The Atmos Cities Steering Committee (“ACSC”) is composed of 178
municipalities in the service area of Atmos Energy Corporation, Mid-Tex Division that have
retained original jurisdiction. Atmos is a monopoly provider of natural gas. Because Atmos has
no competitors, regulation of the rates that it charges its customers is the only way that cities can
ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos
allows cities to accomplish more collectively than each city could do acting alone. Cities have
more than 100 years experience in regulating natural gas rates in Texas.
ACSC is the largest coalition of cities served by Atmos Mid-Tex. There are 178 ACSC member
cities, which represent more than 60 percent of the total load served by Atmos-Mid Tex. ACSC
protects the authority of municipalities over the monopoly natural gas provider and defends the
interests of residential and small commercial customers within the cities. Although many of the
activities undertaken by ACSC are connected to rate cases (and therefore expenses are reimbursed
by the utility), ACSC also undertakes additional activities on behalf of municipalities for which it
needs funding support from its members.
Page 1 of 2
ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting
the rates charged by Atmos within the City. These activities will continue throughout the
calendar year. It is possible that additional efforts will be necessary on new issues that arise
during the year, and it is important that ACSC be able to fund its participation on behalf of its
member cities. A per capita assessment has historically been used, and is a fair method for the
members to bear the burdens associated with the benefits received from that membership.
COUNCILACTION/OPTIONS
Approve the proposed Resolution
Reject the proposed Resolution
STAFF RECOMMENDATION
Staff recommends approval.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $89.65 Funding Source: General Fund
Contract: Yes Forms: N/A
Service Levels: The proposed Resolution provides for representation on behalf of the Town
regarding natural gas rates and servies.
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy:The proposed Resolution does not impact Westlake Academy.
Comprehensive Plan: The proposed Resolution does not impact the Comp Plan.
Cost Recovery Analysis: The proposed Resolution is not not evaluated through the Cost
Recovery Analysis Tool.
Traffic Impact: The proposed Resolution does not have any impact on traffic.
ATTACHMENTS
1. Resolution
2. ACSC staff memo – Exhibit “A”
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 22-06
A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE
ATMOS CITIES STEERING COMMITTEE; AND AUTHORIZING THE PAYMENT
OF FIVE CENTS PER CAPITA TO THE ATMOS CITIES STEERING COMMITTEE
TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ATMOS
ENERGY CORPORATION
WHEREAS, the Town of Westlake is a regulatory authority under the Gas Utility
Regulatory Act (GURA) and has exclusive original jurisdiction over the rates and services of
Atmos Energy Corporation, Mid-Tex Division (Atmos) within the municipal boundaries of the
Town; and
WHEREAS, the Atmos Cities Steering Committee (ACSC) has historically intervened
in Atmos rate proceedings and gas utility related rulemakings to protect the interests of
municipalities and gas customers residing within municipal boundaries; and
WHEREAS, ACSC is participating in Railroad Commission dockets and projects, as
well as court proceedings and legislative activities, affecting gas utility rates; and
WHEREAS, the Town is a member of ACSC; and
WHEREAS, in order for ACSC to continue its participation in these activities which
affects the provision of gas utility service and the rates to be charged, it must assess its members
for such costs.
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 is authorized to continue its membership with the Atmos
Cities Steering Committee to protect the interests of the Town of Westlake and protect the
interests of the customers of Atmos Energy Corporation, Mid-Tex Division residing and
conducting business within the Town limits.
SECTION 3: That, the Town is further authorized to pay its 2022 assessment to the
ACSC in the amount of five cents ($0.05) per capita. A copy of this Resolution and approved
assessment fee payable to “Atmos Cities Steering Committee” shall be sent to:
Resolution 22-06
Page 1 of 2
Brandi Stigler
Atmos Cities Steering Committee
c/o Arlington City Attorney’s Office, Mail Stop 63-0300
101 S. Mesquite St., Suite 300
Arlington, Texas 76010
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION5:That this resolution shall become effective from and after its date of
passage.
th
PASSED AND APPROVED ON THIS 28 DAY OF FEBRUARY 2022.
_____________________________
ATTEST: Laura Wheat, Mayor
_____________________________________ _____________________________
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 22-06
Page 2 of 2
MEMORANDUM
TO: Atmos Cities Steering Committee
FROM: Jennifer Richie, Chair, Atmos Cities Steering Committee
DATE: January, 2022
RE: Action Needed - 2022 Atmos Cities Steering Committee Membership Assessment
Invoice
On December 9, 2021, the Atmos Cities Steering Committee (“ACSC”) held a quarterly meeting
with representatives from Atmos Energy. During the meeting, the group held a discussion of upcoming
natural gas issues and approved the assessment for ACSC membership. Using the population-based
assessment protocol previously adopted by ACSC, the assessment for 2022 is a per capita fee of $0.05. This
is the same amount as was adopted for 2019-2021.
ACSC protects the authority of municipalities over the monopoly natural gas provider and defends
the interests of the residential and small commercial customers within the cities. Cities are the only
consumer advocates that work to keep natural gas rates reasonable. The work undertaken by ACSC has
saved ratepayers millions of dollars in unreasonable charges. In order to continue to be an effective voice
at the Railroad Commission, at the Legislature, and in the courts, ACSC must have your support. Please
take action to pay the membership assessment as soon as possible. Payment of the membership assessment
fee shall be deemed to be in agreement with the terms of the ACSC participation agreement.
Although ACSC does not require that your city take action by resolution to approve the assessment,
some members have requested a model resolution authorizing payment of the 2022 membership
assessment. To assist you in the assessment process, we have provided the following documents for your
use:
ACSC December 2021 Newsletter
Model resolution approving the 2022 assessment (optional, provided for those cities that
have requested a resolution to authorize payment)
Model staff report supporting the resolution
List of Atmos Cities Steering Committee members
2022 Assessment invoice
2021 Assessment invoice and statement (only included if not yet paid)
Blank member contact form to update the distribution lists
Please forward the membership assessment fee and, if applicable, the signed resolution to Brandi
Stigler, Atmos Cities Steering Committee, c/o City Attorney’s Office, Mail Stop 63-0300, 101 S. Mesquite
St., Suite 300, Arlington, Texas 76010. Checks should be made payable to: Atmos Cities Steering
Committee.
If you have any questions, please contact ACSC Chair Person, Jennifer Richie (254/750-5688).
ACSC’s counsel, Thomas Brocato (tbrocato@lglawfirm.com) at 512/322-5857 is also available to assist
you.
8185503
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Consent
Monday, February 28, 2022
TOPIC: Consider approval of Resolution authorizing the Town to enter into Joint
Election Agreements with Tarrant and Denton Counties to conduct the
General Election to be held on May 7, 2022.
STAFF: Todd Wood, Town Secretary
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
Exemplary Service & Governance
Increase
- We set the standard by delivering
Transparent / Integrity-Municipal & Transparency,
unparalleled municipal and
driven Government Academic Operations Accessibility &
educational services at the lowest
Communications
cost.
SUMMARY
The Texas Election Code §3.004, requires the governing body of a political subdivision to order a
general election for the purpose of electing the Mayor and Council Members. Since 2011, the
Town has been required with both Denton and Tarrant Counties to conduct its elections.
The order calling the General Election was passed on February 4, 2022. As outlined in the election
order, the term of office for the elected officials is two (2) years, expiring May 2024. The total
cost for election services from both counties will total approximately $8,000.00.
This agreement will allow voters to visit a single site to cast ballots in the Town election, as well
as the Carroll, Keller, and NorthwestISD elections. In this scenario, Tarrant County would process
the Tarrant County voters and Denton Countywould process Denton County voters.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $8,000.00 Funding Source: General Fund
Contract: No Forms: N/A
Service Levels: N/A
Page 1 of 2
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy: N/A
Comprehensive Plan: N/A
Cost Recovery Analysis: The project does not impact the cost recovery model.
Traffic Impact: Traffic will not be impacted.
ATTACHMENTS
Tarrant County Joint Election Agreement – Exhibit “A”
Denton County Joint Election Agreement – Exhibit “B”
Resolution
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 22-07
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE TOWN MANAGER TO ENTER INTO JOINT ELECTION
AGREEMENTS WITH TARRANT AND DENTON COUNTIES FOR THE GENERAL
ELECTION TO BE HELD ON MAY 1, 2021.
WHEREAS, the Town of Westlake will conduct a General Election on May 7, 2022; and
WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each
entity that said elections be held jointly on May 7, 2022; and
WHEREAS,the Town of Westlake desires to select the Tarrant and Denton County
Elections Administrators to conduct and coordinate the joint elections for the residents of Westlake
that live in Tarrant and Denton Counties; 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: The parties hereto agree to hold an election jointly on May 7, 2022, from
7:00 a.m. until 7:00 p.m. in accordance with Texas Election Code Sections 391.092 and 271.002-
271.004, if applicable, and that said election will be conducted jointly pursuant to the terms of this
agreement, attached as Exhibit “A”, and Exhibit “B”.
SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
SECTION 3: That this resolution shall become effective from and after its date of passage.
th
PASSED AND APPROVED ON THIS 28 DAY OF FEBRUARY 2022.
ATTEST:
_______________________________
____________________________ Laura L. Wheat, Mayor
Todd Wood, Town Secretary
APPROVED AS TO FORM: _______________________________
Amanda DeGan, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Resolution 22-07
Page 1 of 1
THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
ENTITY 1 ENTITY 2
ENTITY 3 ENTITY 4
ENTITY 5 ENTITY 6
ENTITY 7 ENTITY 8
ENTITY 9 ENTITY 10
ENTITY 11 ENTITY 12
ENTITY 13 ENTITY 14
ENTITY 15 ENTITY 16
ENTITY 17 ENTITY 18
ENTITY 19 ENTITY 20
ENTITY 21 ENTITY 22
ENTITY 23 ENTITY 24
ENTITY 25 ENTITY 26
ENTITY 27 ENTITY 28
ENTITY 29 ENTITY 30
The Tarrant County Elections Administrator and the political subdivisions mentioned above may be collectively
referred to as “Parties” or individually as a “Party”.
This Contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 – 271.004, if applicable, and
Texas Education Code Section 11.0581 for a joint May 1, 2021 election to be administered by the undersigned Tarrant
County Elections Administrator, hereinafter referred to as “Elections Administrator.” This term includes the Assistant
Elections Administrator in the Elections Administrator’s absence or disability.
RECITALS
Each Participating Authority listed above plans to hold a general and/or special election on May 1, 2021. If a run-
off election or a repeat election is necessary because of legal action, the date of that election will be June 5, 2021.
The County owns an electronic voting system, the Hart InterCivic Verity Voting System (Version 2.4), which has
been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122, as amended, and is compliant
with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The
contracting political subdivisions, also known interchangeably as “Entities” or “Participating Authority(ies)”, desire to use the
County’s electronic voting system and to compensate the County for such use and to share in certain other expenses
connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election
Code, as amended. The entity desires to contract for the voting system as described, in tandem with the County’s elections
services through the Elections Administrator’s office, and to compensate the County for such use and to share in other
expenses connected with join elections in accordance with the applicable provisions of law and of this contract.
Joint Election Agreement and Contract for Election Services --- Page 1
__________ __________
EA Initials Entity Rep Initials
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, IT IS
AGREED as follows:
I. ADMINISTRATION
The Parties agree to hold a joint election with each other (“Joint Election”) in accordance with Chapter 271 of the
Texas Election Code and this Agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and
handle all aspects of administering the Joint Election as provided in this Agreement. Each Participating Authority agrees to
pay the Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as provided in
this Agreement. The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however,
each Participating Authority shall remain responsible for the decisions and actions of its officers necessary for the lawful
conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made
and actions to be taken by the officers of each Participating Authority as necessary. Legal advice to or legal representation
of the Entities/political subdivisions/Participating Authorities by the Election Administrator’s office or lawyers who advise or
represent the Election Administrator is not included herewith; each Entity should consult with its own counsel for any legal
issues that arise, or with the Texas Secretary of State, as appropriate.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election
services for those purposes on terms and conditions generally similar to those set forth in this Contract. In such cases,
costs shall be pro-rated among the participants according to Section XI of this Contract.
Each Participating Authority agrees to adopt the adopt the Verity Voting System v. 2.5, from HART InterCivic,
as the Voting System for this election, so that it may be used, in accordance with the terms and conditions specified in
the certification order issued by the Texas Secretary of State, for all forms of voting, including election day voting at
polling locations, early voting in person, early voting by mail, and provisional voting.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
Participating Authorities shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no
instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the
voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Each Participating Authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
Participating Authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible
for the preparation and publication of all voting system testing notices that are required by the Texas Election Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
Participating Authority, including translation to languages other than English, including (but not necessarily limited to), as
required by law, Spanish and Vietnamese. Each Participating Authority shall provide a copy of their respective election
orders and notices to the Tarrant County Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations.
Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by
each participating city, and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this
Agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for
use of an alternate location with the approval of the affected Participating Authorities. The Elections Administrator shall
notify the Participating Authorities of any changes from the locations listed in Attachment A.
Joint Election Agreement and Contract for Election Services --- Page 2
__________ __________
EA Initials Entity Rep Initials
If polling places for the May 1, 2021 joint election are different from the polling place(s) used by a Participating
Authority in its most recent election, the authority agrees to post a notice no later than May 1, 2021 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s
polling place names and addresses in effect for the May 1, 2021 election. This notice shall be written in both the English,
Spanish, and Vietnamese languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each Participating Authority agrees to assist in recruiting polling place
officials who are bilingual \[(fluent in both English and Spanish) and (fluent in both English and Vietnamese)\]. In compliance
with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic or
Vietnamese population as determined by the most recent Census used for such determinations shall have one or more
election officials who are fluent in both English and Spanish, or both English and Vietnamese, as applicable. If a presiding
judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual
worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the
Participating Authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for
interpretation and translation services as needed at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter
32 of the Texas Election Code and will take the necessary steps to ensure that all election judges appointed for the Joint
Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying the judge of the
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091 or other law applicable to compensation for the election-related work. The election
judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the
supplies and equipment to the central counting station after the polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on Election Day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel
working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated
at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and 127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election
judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place
and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs.
Joint Election Agreement and Contract for Election Services --- Page 3
__________ __________
EA Initials Entity Rep Initials
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
Each Participating Authority shall furnish the Elections Administrator a list of candidates and/or propositions showing
the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot
(including titles and text in each language in which the authority’s ballot is to be printed). Each Participating Authority shall
be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or
propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and
other political subdivisions.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election, as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The Participating Authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each Participating
Authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
Participating Authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist
in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an
hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who
are permanent employees of the Tarrant County Elections Administrator or any Participating Authority shall serve in that
capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the Participating Authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing. The Elections Administrator will be responsible for managing the Annual Ballot by Mail voters
for whom the Elections Administrator has received an Application for Ballot by Mail.
In addition to making the information on the roster for a person who votes an early voting ballot by personal
appearance available for public inspection not later than the beginning of the regular business hours on the day after the
date the information is entered on the roster, the Elections Administrator shall post on the county website each Participating
Authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting.
In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity
will be posted to the county website no later than 10:00 AM each business day.
VII. EARLY VOTING BALLOT BOARD AND SIGNATURE VERIFICATION COMMITTEE
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
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The Elections Administrator shall determine whether a Signature Verification Committee is necessary, and if so,
shall appoint the members.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
Agreement.
The Participating Authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Heider Garcia, Elections Administrator
Tabulation Supervisor: Troy Havard, Assistant Elections Administrator
Presiding Judge: David Lambertsen
The Counting Station Manager or his/her representative shall deliver timely cumulative reports of the election results
as precinct report to the central and remote counting stations and are tabulated. The Counting Station Manager shall be
responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants,
candidates, press, and general public by distribution of hard copies at the central counting station or by electronic distribution
and by posting to the Tarrant County web site. To ensure the accuracy of reported election returns, results printed on the
tapes produced by Tarrant County’s voting equipment will not be released to the Participating Authorities at the remote
collection sites or by phone from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with
Election Code Section 67.004 after all precincts have been counted and will deliver a copy of these unofficial canvass
reports to each Participating Authority as soon as possible after all returns have been tabulated. Each Participating Authority
shall be responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these
reports for each Participating Authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each Participating Authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
Each Participating Authority with territory containing population outside Tarrant County agrees that the Elections
Administrator shall administer only the Tarrant County portion of those elections.
X. RUNOFF ELECTIONS
Each Participating Authority shall have the option of extending the terms of this Agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this Agreement shall automatically extend unless
the Participating Authority notifies the Elections Administrator in writing within three (3) business days after the original
election, not counting election day.
Each Participating Authority shall reserve the right to reduce the number of early voting locations and/or Election
Day voting locations in a runoff election.
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Each Participating Authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 1, 2021 election.
Each Participating Authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary,
shall be June 5, 2021.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The Participating Authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless
specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost
per Election Day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses
equally among the total number of polling places. Costs for polling places shared by more than one Participating Authority
shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be
directly charged to the appropriate Participating Authority rather than averaging those costs among all participants.
Costs for Voting by Personal Appearance shall be allocated based upon the actual costs associated with each
voting site. Each Participating Authority shall be responsible for a pro-rata portion of the actual costs associated with the
voting sites located within their jurisdiction. Participating authorities that do not have a voting site within their jurisdiction
shall pay a pro-rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
Participating Authority’s voters.
Participating Authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Tarrant County, and that do not have an Election Day polling place or early voting site within their jurisdiction shall pay a
flat fee of $400 for election expenses.
Each Participating Authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs (but not less than $ 75.00) in accordance with Section 31.100(d) of the Texas
Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this Contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
Cost schedule and invoicing.
A cost estimate for the services, equipment, and supplies provided by the Elections Administrator for the election
and the runoff election is shown below and in section XII of this Agreement. This cost estimate shall serve as the cost
schedule agreed upon by the contracting Parties, as referenced in Section 31.093(a), Texas Election Code.
As soon as reasonably possible after the election or the runoff election, the Elections Administrator will submit an
itemized invoice to each Party: (i) for the actual expenses he/she incurred as described above and (ii) for the Elections
Administrator’s fee as described above. The invoice shall reflect any advance monies paid and any direct payments made.
The Elections Administrator will use his/her best efforts to submit the invoice within thirty (30) days after the election or
within ten (10) days after the runoff election.
The Elections Administrator’s invoice shall be due and payable by each Party to the address set forth in the invoice
within thirty (30) days after its receipt by the Party. If the Party disputes any portion of the invoice, the Party shall notify the
Elections Administrator in writing within such thirty-day period, or the invoice will be presumed to be a true and accurate
rendering of the amount that is due.
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XII. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each Participating Authority under the terms of this Agreement is listed below.
Each Participating Authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation within fifteen (15) days after execution of this Agreement. The exact amount of each Participating
Authority’s obligation under the terms of this Agreement shall be calculated after the May 1, 2021 election (or runoff election,
if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to
the Elections Administrator the balance due within thirty (30) days after the receipt of the final invoice from the Elections
Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections
Administrator shall refund to the authority the excess amount paid within thirty (30)days after the final costs are calculated.
The total estimated obligation and required deposit for each Participating Authority under the terms of this Agreement shall
be as follows:
Actual # Billed #EstimatedDeposit
Political SubdivisionPollsPollsCostDue
ENTITY 1
31 8.04 $ 45,337.16 $ 34,010.00
ENTITY 2
4 1.00 $ 5,746.24 $ 4,310.00
ENTITY 3
6 2.00 $ 18,080.67 $ 13,570.00
ENTITY 4
3 0.75 $ 5,066.97 $ 3,810.00
ENTITY 5
3 0.65 $ 3,700.44 $ 2,780.00
ENTITY 6
31 7.65 $ 42,926.33 $ 32,200.00
ENTITY 7
2 0.58 $ 4,377.48 $ 3,290.00
ENTITY 8
1 0.33 $ 4,811.37 $ 3,610.00
ENTITY 9
1 0.50 $ 7,288.56 $ 5,470.00
ENTITY 10
1 0.20 $ 3,328.67 $ 2,500.00
ENTITY 11
1 0.33 $ 4,881.04 $ 3,670.00
ENTITY 12
3 0.75 $ 6,089.38 $ 4,570.00
ENTITY 13
1 0.25 $ 3,403.65 $ 2,560.00
ENTITY 14
114 31.47 $ 149,938.54 $ 112,460.00
ENTITY 15
4 1.08 $ 7,181.45 $ 5,390.00
ENTITY 16
1 0.33 $ 4,881.04 $ 3,670.00
ENTITY 17
1 0.33 $ 4,881.04 $ 3,670.00
ENTITY 18
1 0.25 $ 6,326.50 $ 4,750.00
ENTITY 19
1 0.33 $ 4,881.04 $ 3,670.00
ENTITY 20
3 1.00 $ 7,098.18 $ 5,330.00
ENTITY 21
2 0.27 $ 4,473.56 $ 3,360.00
ENTITY 22
2 0.37 $ 6,593.04 $ 4,950.00
ENTITY 23
6 1.35 $ 9,926.49 $ 7,450.00
ENTITY 24
3 1.08 $ 11,195.00 $ 8,400.00
ENTITY 25
1 0.25 $ 3,389.90 $ 2,550.00
ENTITY 26
1 0.33 $ 4,811.37 $ 3,610.00
ENTITY 27
2 0.45 $ 3,107.90 $ 2,340.00
ENTITY 28
0 0.00 $ 400.00 $ 300.00
ENTITY 29
4 0.90 $ 5,773.27 $ 4,330.00
ENTITY 30
1 0.20 $ 2,320.19 $ 1,750.00
235 63.02 $392,216.47 $294,330.00
TOTALS
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XIII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any Participating Authority may withdraw from this Agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
expenses incurred by the TarrantCounty Elections Administrator on behalf of the authorityplus an administrative fee of ten
percent (10%) of such expenses (but not less than $ 75.00). Any monies deposited with the Elections Administrator by the
withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining Participating Authorities, with the exception of the early voting site located at the Tarrant County Elections Center,
may be dropped from the joint election unless one or more of the remaining Participating Authorities agree to fully fund such
site(s). In the event that any early voting site is eliminated under this section, an addendum to the Contract shall be provided
to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections
Administrator.
XIV. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each Participating Authority as well as to the public in accordance
with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be
stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable
and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
public information request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each Participating Authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or public information request which may be filed
with the Participating Authority.
XV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding
officer of the contracting Participating Authority agrees that any recount shall take place at the offices of the Elections
Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Participating Authority’s
official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each Participating Authority as necessary to conduct a
proper recount.
XVI. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate
in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator
may contract with such other districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro-rata share to be paid to the County by the Participating Authorities.
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2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the Tarrant County
Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this Contract prevents any Party from taking appropriate legal action against any other Party and/or other
election personnel for a breach of this Contract or a violation of the Texas Election Code.
4. This Agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of
the Parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
6.All Parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments,
and any other entities with localjurisdiction.
7.The waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed as a
waiver of any subsequent breach.
8. Any Amendments of this Agreement shall be of no effect unless in writing and signed by all Parties hereto.
9. In the event of an emergency or unforeseen event on Election Day that requires adjustment to these procedures to
keep the election operating in a timely, fair, and accessible manner, Elections Administrator may make such
adjustments to the procedures herein as the circumstances require.
\[Signature Pages Follow\]
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XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
By the signatures on the attached pages, the Elections Administrator and the representative of each entity warrant and
represent that they are authorized to enter into this Contract.
WITNESS THE FOLLOWING SIGNATURES AND SEAL ON THE DATE SHOWN BELOW:
The Elections Administrator:
_______________________________________________
Heider Garcia
Elections Administrator
Date______________________________________________
The State of Texas §
County of Tarrant §
Before me, the undersigned authority, on this day personally appeared Heider Garcia, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and
consideration therein expressed. Given under my hand and seal of office on this the __________ day of ____________,
20__.
(Seal)
____________________________________
Signature of Notary
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THE STATE OF TEXAS COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
This CONTRACT for election services is made by and between the Denton County Elections
Administrator and the following political subdivisions, herein referred to as “participating
authority or participating authorities” located entirely or partially inside the boundaries of
Denton County:
Participating Authorities:
\[entities\]
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas
Education Code Section 11.0581 for a joint May 7, 2022 election to be administered by Frank
Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections
Administrator.”
RECITALS
Each participating authority listed above plans to hold a General or Special Election on May 7,
2022. Denton County plans to hold county-wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, which has been duly approved by
the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas
Election Code Section 61.012. The contracting political subdivisions (participating authorities)
desire to use the County’s voting system and to compensate the County for such use and to share
in certain other expenses connected with joint elections, in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all
parties, IT IS AGREED as follows:
I. ADMINISTRATION
The participating authorities agree to hold a “Joint Election” with Denton County and each other
in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections
Administrator shall coordinate, supervise, and handle all aspects of administering the Joint
Election as provided in this agreement. Each participating authority agrees to pay the Elections
Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Elections Administrator shall serve as the administrator for the Joint Election;
however, each participating authority shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the
County’s Verity voting system and polling places, and it is agreed that the Elections
Administrator may enter into other contracts for election services for those purposes, on
terms and conditions generally similar to those set forth in this contract. In such cases, costs shall
be pro-rated among the participants according to Section XI of this contract.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or the participating authority’s governing body, charter, or
ordinances, except that the Elections Administrator shall be responsible for the preparation and
publication of all voting equipment testing notices that are required by the Texas Election Code.
Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of each participating authority,including translation to languages other than
English. Each participating authority shall provide a copy of their respective election orders and
notices to the Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early
Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual
voting location for each election precinct in elections conducted by each participating authority,
and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed
in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the
Elections Administrator will arrange for use of an alternate location. The Elections Administrator
shall notify the participating authorities of any changes from the locations listed in Exhibit A.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate
judge for each polling location. The Elections Administrator shall make emergency
appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting bilingual polling place officials (fluent in both English and Spanish). In compliance
with the Federal Voting Rights Act of 1965, as amended, each polling placecontaining more
than 5% Hispanic population as determined by the 2020 Census shall have one or more election
officials who are fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend
a bilingual worker for the polling place. If the Elections Administrator is unable to recommend
or recruit a bilingual worker, the participating authority or authorities served by that polling
place shall be responsible for recruiting a bilingual worker for translation services at that polling
place.
The Elections Administrator shall notify all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election
judges and clerks. The Election judges and clerks who attend in-person voting equipment
training and/or procedures training, shall be compensated at the rate of $13 an hour. Election
judges and clerks that elect to complete online training shall be compensated as a rate of a flat
$40. In the event that as Election judge or clerk completes both in-person and online training,
they shall be compensated for the training resulting in the highest pay and will not be
compensated for both trainings.
The Elections Administrator shall arrange for the date, time, and place for presiding election
judges to pick up their election supplies. Each presiding election judge will be sent a letter from
the Elections Administrator notifying them of their appointment, the dates/times and locations of
training and distribution of election supplies, and the number of election clerks that the presiding
judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton
County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per
week, if applicable. The election judge, or their designee, will receive an additional sum of
$25.00 for picking up the election supplies and equipment prior to Election Day and for returning
the supplies and equipment to the central counting station after the polls close. Likewise, the
Lead Clerk in Early Voting, or their designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to the first day of Early Voting and for returning the
supplies and equipment to the Elections Department after Early Voting has ended.
The compensation rates established by Denton County are:
Early Voting – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
Election Day – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
The Elections Administrator may employ other personnel necessary for the proper administration
of the election, as well as, pre and post-election administration. In such cases, costs shall be pro-
rated among participants of this contract. Personnel working in support of full-time staff will be
expensed on a pro-rated basis and include a time period of one week prior to the election, during
the election, and one week post-election. Personnel working in support of the Early Voting
Ballot Board and/or central counting station on election night will be compensated at the hourly
rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
If elections staff is required outside of the hours of the office’s normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator
will determine when those hours are necessary, the number of staff and whom are necessary,
along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5
times the staff's hourly rate (See Sections XV #10). The Election Administrator has the right to
waive these costs as they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for delivery of all election supplies and voting
equipment including, but not limited to, the County’s Verity voting system and equipment,
official ballot paper, sample ballots, voter registration lists, and all forms, signs, maps and other
materials used by the election judges at the voting locations. The Elections Administrator shall
ensure availability of tables and chairs at each polling place and shall procure rented tables and
chairs for those polling places that do not have tables and/or chairs. Any additional required
materials (required by the Texas Election Code) must be provided by the participating authority,
and delivered to the Elections Office thirty-three (33) calendar days (April 4, 2022) prior to
Election Day. If this deadline is not met, the material must be delivered by the participating
authority, to all Early Voting and Election Day locations affected, prior to voting commencing.
The Elections Administrator shall be responsible for conducting all required testing of the voting
equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating authorities shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places
where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority’s ballot is to be printed). Said list must be provided to the Elections
Office within three (3) business days following the last day to file for a place on the ballot or
after the election is ordered, whichever is later. The list must be in a Word document, the
information must be in an sentence case format, be in Arial 12 point font, and must contain
candidate contact information for the purposes of verifying the pronunciation of each candidate’s
name. Each participating authority shall be responsible for proofreading and approving the
ballot insofar as it pertains to that authority’s candidates and/or propositions. Each participating
authority shall be responsible for proofing and approving the audio recording of the ballot insofar
as it pertains to that authority’s candidates and/or propositions. The approval must be finalized
with the Elections Office within five (5) calendar days of the receipt of the proofs, or the
provided proofs shall be considered approved.
The joint election ballots shall list the County’s election first. The joint election ballots that
contain ballot content for more than one joint participant because of overlapping territory shall
be arranged with the appropriate school district ballot content appearing on the ballot following
the County’s election, followed by the appropriate city ballot content, and followed by the
appropriate water district or special district ballot content.
Early Voting by personal appearance and on Election Day shall be conducted exclusively on
Denton County’s Verity voting system including provisional ballots.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the
voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant
employees upon hiring as required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections
Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting
clerks to assist in the conduct of early voting as necessary, and that these additional deputy early
voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section
83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of
the Denton County Elections Administrator or any participating authorities shall serve in that
capacity without additional compensation.
Exhibit A of this document includes locations, dates, and times that voting will be held for Early
Voting by personal appearance. Any qualified voter of the Joint Election may vote early by
personal appearance at any one of the joint early voting locations. All requests for temporary
branch polling places will be considered, and determined based on the availability of facilityand
if it is within the Election Code parameters. All costs for temporary locations including coverage
by Election Administration staff will be borne by the requesting authority. The Elections
Administrator will determine when those hours are necessary, the number of staff and whom are
necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a
rate of 1.5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has
the right to waive these costs as they see fit.
The standard dates and hours for the May 7, 2022 election will be as follows:
Monday, April 25, 2022 through Saturday, April 30, 2022; 8am – 5pm
Sunday, May 1, 2022; 11am-5pm
Monday, May 2, 2022 through Tuesday, May 3, 2022; 7am-7pm.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting
ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code.
Any requests for early voting ballots to be voted by mail received by the participating authorities
shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.gov
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots
that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting
Clerk at the Denton County Elections Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
Email: elections@dentoncounty.gov
The Elections Administrator shall post on the county website, the participating authority’s Early
Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the
daily roster showing the previous day’s early voting activity will be posted no later than 11:00
am each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to
process early voting results from the Joint Election. The Presiding Judge, with the assistance of
the Elections Administrator, shall appoint an Alternate Presiding Judge and one or more
additional members to constitute the EVBB. The Elections Administrator shall determine the
number of EVBB members required to efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central
counting station to receive and tabulate the voted ballots in accordance with the provisions of the
Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005
of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Brandy Grimes, Deputy Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
The counting station manager or their representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated by posting
on the Election Administrator's Election Night Results website. The manager shall be responsible
for releasing unofficial cumulative totals and precinct returns from the election to the joint
participants, candidates, press, and general public by distribution of hard copies at the central
counting station (if requested) and by posting to the Election Administrator's Election Night
Results website. To ensure the accuracy of reported election returns, results printed on the
reports produced by Denton County’s voting equipment will not be released to the participating
authorities at the remote collection locations or from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have
been counted, and will deliver a copy of the unofficial canvass to each participating authority as
soon as possible after all returns have been tabulated. The Elections Administrator will include
the tabulation and precinct-by-precinct results that are required by Texas Election Code Section
67.004 for the participating authorities to conduct their respective canvasses. Each participating
authority shall be responsible for the official canvass of its respective election(s), and shall notify
the Elections Administrator, or their designee, of the date of the canvass, no later than three days
after Election Day.
The Elections Administrator shall be responsible for conducting the post-election manual recount
required by Section 127.201 of the Texas Election Code unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to
each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON
COUNTY
Each participating authority with territory containing population outside of Denton County
agrees that they Elections Administrator shall administer only the Denton County portion of
those elections.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement
through its runoff election, if applicable. In the event of such runoff election, the terms of this
agreement shall automatically extend unless the participating authority notifies the Elections
Administrator in writing within three (3) business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations
and/or Election Day voting locations in a runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be Saturday, June 18, 2022, with early voting being held in
accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of general expenses, which are not directly attributable to an individual polling
location, will be expensed by each participating authority’s percentage of registered voters of the
total registered voters of all participating authorities.
Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs
associated with each early voting location. Each participating authority shall be responsible for
an equal portion of the actual costs associated with the early voting locations within their
jurisdiction. Participating authorities that do not have a polling location within their jurisdiction
shall pay an equal portion of the nearest polling location.
Election Day location expenses will be allocated based on each participating authority’s
percentage of registered voters assigned to each polling place. If a participating authority’s
election is conducted at more than one Election Day polling location there shall be no charges or
fees allocated to the participating authority for the cost of the Election Day polling location in
which the authority has fewer than 50% of the total registered voters served by that polling
location, except that if the number of registered voters in all of the authority’s polling locations is
less than the 50% threshold, the participating authority shall share the expenses, based on their
percentage of registered voters, of the polling location at which it has the greatest number of
registered voters.
In the event that participating authorities with overlapping boundaries cannot make an agreement
on Early Voting and/or Election Day locations, the requesting participating authority agrees to
bear the entire expense of the location.
Each participating authority requesting additional hours, outside of the standard hours, for a
location or locations, agree to split the cost of the additional open hours equally amongst the
requesting participating authorities.
Costs for Early Voting by mail, in-person ballots, provisional ballots, and Poll Pad paper shall be
allocated according to the actual number of ballots issued to each participating authority’s voters
and the cost shared equally amongst participating authorities of each ballot style.
Each participating authority agrees to pay the Elections Administrator an administrative fee
equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the
Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract
into the appropriate fund(s) within the county treasury in accordance with Election Code Section
31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in
agreement with an individual jurisdiction if the above formula results in a cost allocation that is
inequitable.
If any participating authority makes a special request for extra Temporary Branch Early Voting
by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to
pay the entire cost for that request.
Participating authorities having the majority of their voters in another county, and fewer than 500
registered voters in Denton County, and that do not have an Election Day polling place or early
voting location within their Denton County territory shall pay a flat fee of $400 for election
expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and
any unforeseen expenses needed to conduct the election, will be borne by the participating
authority or authorities, affected.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it
cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The
withdrawing authority is fully liable for any expenses incurred by the Denton County Elections
Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such
expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fees, if applicable.
It is agreed that any of the joint election early voting locations that are not within the boundaries
of one or more of the remaining participating authorities, with the exception of the early voting
location at the Denton County Elections Building, may be dropped from the joint election unless
one or more of the remaining participating authorities agreed to fully fund such location(s). In
the event that any early voting location is eliminated under this section, as addendum to the
contract shall be provided to the remaining participants within five days after notification of all
intents to withdraw have been received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all
records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the
public in accordance with applicable provisions of the Texas Election Code and the Texas Public
Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of
Section 66.058 of the Texas Election Code. If records of the election are involved in any pending
election contest, investigation, litigation, or open records request, the Elections Administrator
shall maintain the records until final resolution or until final judgment, whichever is applicable.
It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records
request which may be filed with the appropriate participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this
document, the presiding officer of the contracting participating authorities agree that any recount
shall take place at the office of the Elections Administrator, and that the Elections Administrator
shall serve as Recount Supervisor, and the participating authority’s official or employee who
performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority
as necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political
subdivisions may wish to participate in the use of the County’s election equipment and
voting places, and it is agreed that the Elections Administrator may contract with such
other districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County
Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas
Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Denton
County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate
as or be construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by
all parties hereto.
9. Failure for a participating authority to meet the deadlines as outline in this contract may
result in additional charges, including but not limited to, overtime charges, etc.
10. Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator$46.135
Voter Registration Clerk $33.760 - $51.822
Technology Resources Coordinator $59.547
Elections Technician $42.000 - $45.530
Voter Registration Coordinator $44.431
Training Coordinator$55.650
Election Coordinator $38.056
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement
is listed below. The exact amount of each participating authority’s obligation under the terms of
this agreement shall be calculated after the May 7, 2022 election (or runoff election, if
applicable). The participating authority’s obligation shall be paid to Denton County within 30
days after the receipt of the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this agreement
shall be provided within 45 days after the last deadline for ordering an election:
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TOWN COUNCIL AGENDA ITEM
Regular Meeting - Consent
Monday, February 28, 2022
TOPIC: Consider approval of resolution approving a development and economic
development agreement between JW Waterside, LP and Texas Land
Management LLC, and The Town of Westlake.
STAFF: Ron Ruthven, Planning and Development Director
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
High Quality Planning, Design &
Development - We are a desirable
Planned / Responsible Citizen, Student & Preserve Desirability
well planned, high-quality
Development Stakeholder & Quality of Life
community that is distinguished by
exemplary design standards.
SUMMARY
This item involves approval of a development and economic development agreement between JW
Waterside, LP and Texas Land Management LLC, and the Town of Westlake. JW Waterside, LP
and Texas Land Management LLC is the developer of Westlake Ranch, which is a three lot single
family detached residential development located on Aspen Lane. The development serves as the
phase two portion of the PD7 zoning district and was approved by the Town Council on September
27, 2021 by Ordinance 939. The phase one portion, known as Westlake Ranch, was approved on
May 24, 2021 by Ordinance 928, the terms of which also govern Aspen Estates.
COUNCILACTION/OPTIONS
Approve the proposed Resolution;
Deny the proposed Resolution;
Table the item.
STAFF RECOMMENDATION
Approval.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: N/A Funding Source: N/A
Page 1 of 2
Contract: Yes Forms: Forms 1295 & 2270
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy: The proposed economic development agreement will result in payment by
the developer of $15,000.00 to Westlake Academy.
Comprehensive Plan: There no impacts to the comprehensive plan as a result of the proposed
agreement.
Traffic Impact: There no impacts to traffic as a result of the proposed agreement.
ATTACHMENTS
1. Proposed Resolution including development and economic development agreement
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 22-08
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A DEVELOPMENT AGREEMENT FOR SUBDIVISION
IMPROVEMENTS AND AN ECONOMIC DEVELOPMENT AGREEMENT WITH JW
WATERSIDE, LP AND TEXAS LAND MANAGEMENT LLC, FOR THE PHASE TWO
PORTION OF PLANNED DEVELOPMENT DISTRICT 7.
WHEREAS, the concept/development plan for the phase two portion of the PD7 zoning
district was approved by the Town Council by Ordinance 939 on September 27, 2021; and,
WHEREAS, the Town is a duly created and validly existing Type A General Law
Municipality, created under the laws of the State of Texas, including particularly, but not by way
of limitation, Chapter 51, Texas Local Government Code (“LGC”); and
WHEREAS, the Town of Westlake is experiencing planned growth through the attraction
of economic development projects such as Fidelity Investments, Deloitte University, and Charles
Schwab, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, Granada,
Entrada, the Knolls at Solana and Westlake Ranch, which are consistent with the Town’s
Comprehensive Plan, as well as enrollment growth at Westlake Academy, all of which contribute
to demand for improvements to Westlake’s infrastructure and public buildings: and,
WHEREAS, the Town of Westlake (Town) and JW Waterside, LP and Texas Land
Management LLC (the Owner) desire to enter into a partnership to continue this planned growth
through an Economic Development Agreement, which sets out certain responsibilities for the
Owner and the Town as it relates to the development in Westlake; and,
WHEREAS, the Economic Development Policy and the Tax Abatement Policy constitute
appropriate guidelines and criteria governing economic development agreements to be entered into
by the Town as contemplated by Chapter 378 and Chapter 380 of the LGC and Chapter 312 of the
Tax Code, providing for the availability of economic incentives for new facilities and structures;
and
WHEREAS, JW Waterside, LP and Texas Land Management LLC, as the owner of land
located within the Town, intends to develop three acres (as defined herein), and the development
and construction on such Land is expected to significantly enhance the economic base of the Town;
and
WHEREAS, the Constitution and laws of the State of Texas, including, but not by way of
limitation, Chapter 378 and Chapter 380 of the LGC, Chapter 312 of the Tax Code and the Texas
Constitution, authorize the Town to enter into economic development agreements; and
WHEREAS, the Town has an economic development policy adopted by Resolution 16-
30; and
Resolution 22-08
Page 1 of 3
WHEREAS,the Town of Westlake (Town) and JW Waterside, LP and Texas Land
Management LLC (the Owner) desire to enter into a partnership to continue this planned growth
through a Development Agreement for Subdivision Improvements, which sets out responsibilities
for the Owner and the Town as it relates to the development in Westlake; 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 Development Agreement for Subdivision Improvements attached hereto as Exhibit “A”, and
the Economic Development Agreement attached hereto as Exhibit “B” with the Owner; and
further authorizes the Town Manager to execute said agreements and pursue any necessary
procedures on behalf of the Town of Westlake.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
TH
PASSED AND APPROVED ON THIS 28 DAY OF FEBRUARY 2022.
ATTEST: _____________________________
Laura Wheat, Mayor
____________________________
Todd Wood, Town Secretary
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 22-08
Page 2 of 3
EXHIBITS
EXHIBIT A DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS
EXHIBIT B ECONOMIC DEVELOPMENT AGREEMENT
Resolution 22-08
Page 3 of 3
Resolution 22-08
EXHIBIT “A”
DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS – ASPEN
ESTATES
This Agreement is entered into by and between the Town of Westlake, Texas, hereinafter referred
to as the “Town”, and the undersigned Developer, JW Waterside, LP and Texas Land Management
LLC, hereinafter referred to as the “Developer”, as Developer of ASPEN ESTATES, hereinafter
referred to as the “Development”, for the installation of certain community facilities and
improvements, hereinafter referred to as the “Improvements”, located therein, and for the provision
of Town services thereto. It is understood by and between the parties that this Agreement is
applicable to the lots contained within the Development and to the off-site Improvements
necessary to support the Development as depicted in Ordinance 939, Exhibit A.
NOW, THEREFORE, in consideration of the premises cited hereinabove and the mutual covenants
and promises contained herein, the sufficiency of which is acknowledged, the parties hereto agree
as follows:
A. DEFINITIONS
In Development to the terms defined in the body of this Agreement, the following terms shall have
the definitions ascribed to them as follows:
Agreement shall mean this Development Agreement between the Town of Westlake and
JW Waterside, LP.
Affiliate shall mean Waterside Properties-SR, LLC.
Developer shall mean the Developerand/or its Affiliates or assigns.
Development shall mean the single family detached residential development depicted on
Ordinance 939, Exhibit A.
Townshall mean the Town of Westlake, Texas, and its officials assigned by the Town
Manager to review and approve submittals in accordance with the Town of Westlake Code of
Ordinances and published standards, restrictions, rules and regulations.
B. GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS
1. The Developer shall furnish, at its own expense, all engineering services required
for the Development and the Improvements. Engineering services shall be
performed by a professional engineer registered in the State of Texas. Such
engineering services shall conform in all respects to the Town engineering and
design standards. Engineering services shall consist of, but not be limited to,
survey, designs, plans and profiles, estimates, construction supervision, and the
furnishing of necessary documents in connection therewith. All engineering plans
shall be submitted for review by, and be subject to, the stamped acceptance by the
town engineer. The town engineer's review and acceptance does not relieve the
Developer or Developer's engineer of the responsibility for design and construction.
Resolution 22-08
Aspen Estates Development Agreement - Page 1 of 13
Resolution 22-08
EXHIBIT “A”
2. Construction of the Improvements shall be in strict conformance with the plans to
be prepared by the Developer and reviewed and accepted by the town engineer and
with all policies, standards, and standards and specifications adopted by the Town
relating thereto. The town engineer's review and acceptance of the plans shall not
limit or affect the Developer's responsibility for design and construction.
3. The Developer shall employ, at its own expense, a qualified testing company,
previously approved by the Town, to perform all testing of materials or construction
that may be required by the Town and shall furnish copies of test results to the town
engineer.
4. At all times during construction of the Improvements, the Town shall have the right,
but not the duty, to inspect materials and workmanship, and all materials and work
shall conform to the accepted plans and specifications. Any material or work not
conforming to the accepted plans and the Town’s engineering standards shall
promptly be removed or replaced to the satisfaction of the town engineer at the
Developer's expense.
5. The Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining all land within the Development which has not been sold
to third parties. After fifteen (15) days written notice, should the Developer fail in
this responsibility, the Town may contract for this service and bill the Developer
for reasonable costs. Should the costs remain unpaid for thirty (30) days after
notice, the Town may issue a construction stop work order until all costs are paid.
6. The obligations of the Developer provided for in this agreement pertaining to
Development Improvements shall be performed no later than two (2) years from
the issuance of the notice to proceed for construction of Development
Improvements, and proper application for acceptance of the Improvements shall be
made by such date.
7. No Improvements shall be deemed to be completed until the town engineer has
certified, in writing, that the Improvements have been completed in general
conformance with the plans therefore as accepted by the Town.
8. The Developer shall provide the town engineer with a sworn affidavit, signed by
the Developer's authorized representative, that the Improvements completed have
been paid for, in full, by the Developer. The Developer shall be responsible for the
information so provided. Said written certification will be reviewed by the Town,
but the Town shall assume no responsibility or liability to any party regarding the
veracity of the information so provided.
9. Before the Town accepts the Improvements, Developer shall furnish to the Town
reproducible "as constructed" drawings, certified accurate by the town engineer.
Resolution 22-08
Aspen Estates Development Agreement - Page 2 of 13
Resolution 22-08
EXHIBIT “A”
10. Developer is responsible for all permit fees associated with the construction or
installation of the Improvements. These fees include all fees contained in the
Westlake Code of Ordinances and the most recently adopted fee schedule.
11. Before commencing the construction of any Improvements herein agreed upon, the
Developer shall acquire at its own expense clear and sufficient title to streets and
easements, free and clear of any liens or encumbrances on all lands and facilities
other than Developer’s development loan, if any, traversed by the proposed
Improvements. All such streets and easements shall be dedicated or conveyed
either to the HOA or the Town, and, if to the Town, the documents of dedication or
conveyance shall be furnished to the Town for recording. A policy of title insurance
insuring title in the Town for a commercially reasonable policy amount may be
required by the Town, and the Developer shall pay the premium for such title
insurance policy.
12. As described and required in Ordinance 928 the Developer as defined herein, and
homebuilder of all homes in the development, shall operate and be managed by a
single entity- JW Waterside, LP -or by Affiliate(s) of JW Waterside, LP as defined
herein. All building permits issued for new construction in the development shall
only be issued to the Developer, or its affiliate.
13. Prior to the final acceptance of Development Improvements by the Town, the
Developer shall submit the following for final approval by the Town Council:
development covenants, conditions and restrictions (CCR’s) to be enforced by the
homeowner’s association (HOA), which should include HOA dues, duties and
powers, transitional details providing for an orderly transition from the declarant to
the HOA, and Town review of HOA dues to provide for adequacy of funding of
maintenance of private infrastructure to Town standards by the HOA; homebuilder
requirements and obligations; and cluster mailbox designs and locations if
applicable. Said items shall be approved by the Town Council prior the release of
any building permits for the Development.
14. Per the requirements of the Code of Ordinances, all existing overhead electric utility
lines within and immediately adjacent to the development shall be relocated
underground at the Developer’s expense to the extent permitted by the adjacent
landowners.
15. Construction, grading and/or clearing activities shall not commence until a notice
to proceed is issued by the Town Manager or designee.
16. Prior to the issuance of the notice to proceed, the Developer shall submit an erosion
control plan to the Town Manager or designee for review and approval. At a
minimum, the plan shall meet all Town ordinance requirements in addition to any
additional conditions required by the Town Manager or designee.
Resolution 22-08
Aspen Estates Development Agreement - Page 3 of 13
Resolution 22-08
EXHIBIT “A”
17. Town personnel shall have unrestricted access to this development in perpetuity for
official Town business including inspection of construction, and general inspection
of the condition of the development and for maintenance of utilities
C. UTILITIES
1. The Developer shall furnish proof that proper arrangements have been made for the
installation of water, sanitary sewer, gas, electric and duct bank utilities.
2. The Developer hereby agrees to install water facilities to serve all platted lots within
the Development in accordance with plans and specifications to be prepared by the
Developer’s engineer and released by the Town for construction and in accordance
with Chapter 82, Article IX, Water Facilities, of the Town of Westlake Ordinances,
as amended, and any other local, state and federal regulations. The Developer shall
be responsible for all construction costs, materials and engineering.
3. The Developer hereby agrees to install sanitary sewer collection facilities to service
all platted lots within the Development. Sanitary sewer facilities will be installed in
accordance with the plans and specifications to be prepared by the Developer’s
engineer and released by the Town. Further, the Developer agrees to complete this
installation in accordance with Chapter 82, Article X, Wastewater Facilities, of the
Town of Westlake Ordinances, as amended, and any other local, state and federal
regulations. The Developer shall be responsible for all construction costs, materials,
engineering, and permits.
4. The Developer hereby agrees to install drainage facilities to service all platted lots
within the Development in accordance with the plans and specifications to be
prepared by Developer’s engineer and released by the Town for construction. The
Developer also agrees to adhere to Chapter 82, Article X, Drainage Facilities, of
the Town of Westlake Ordinances, as amended. The Developer hereby agrees to
fully comply with all EPA, TCEQ and FEMA requirements relating to the planning,
permitting and management of storm water which may be in force at the time that
development proposals are being presented for approval to the Town. The
Developer hereby agrees to comply with all provisions of the Texas Water Code.
D. COMPLETION OF AGREEMENT
This Agreement shall not be considered complete until:
1. All public improvements and infrastructure must be finished and complete, then
accepted by the Town.
2. Lighting Plan must be complete and street lights installed in accordance with the
Plan and accepted by the Town.
3. All requirements of the Economic Development Agreement must be satisfied.
Resolution 22-08
Aspen Estates Development Agreement - Page 4 of 13
Resolution 22-08
EXHIBIT “A”
4. Record Drawings for all streets and utilities in the Development, including street
lighting, must be certified by the Developer Engineer, and accepted by and filed
with the Town Engineer and provided in the following format:
a. Three (3) sets of record drawings;
b. Digital record drawings with GIS spatial data and coordinates compatible
with the latest version of Arc View / ArcGIS;
c. Digital record drawings compatible with the latest version of AutoCAD;
and
d. Digital record drawings in PDF format.
5. All fees must have been paid.
6. Original Maintenance Bonds must have been provided, and any other required
bonds.
7. Lien Release(s) must have been provided.
8. All Developer Obligations under this Agreement, Economic Developer
Agreement, and Ordinance 939 must have been met.
E. USE OF PUBLIC RIGHT OF WAY
It is agreed by and between the Town and Developer that the Developer may
provide unique amenities within public right-of-way, such as landscaping,
irrigation, lighting, patterned concrete, etc., for the enhancement of the
Development. The Developer agrees to maintain these amenities until such
responsibility is turned over to the HOA. The Developer and successors and assigns
understand that the Town shall not be responsible for the replacement of these
amenities under any circumstances and further agrees to indemnify and hold
harmless the Town from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person occasioned by the
Developer’s use of the public right-of-way with regard to these improvements and
the Developer shall, at his own cost and expense, defend and protect the Town
against all such claims and demands.
F. DEFAULT, TERMINATION AND FAILURE BY THE DEVELOPER TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
1. Failure to Pay Town Taxes or Fees
An event of default shall occur under this Agreement if during the term hereof and
after the expiration of any applicable notice and cure period any legally-imposed
Town taxes or fees owed on, or generated by, the Developer or one of its Affiliates
with regard to the Development become delinquent and Developer or the Affiliate
does not either: (i) pay such taxes and any associated penalties within sixty (60)
days of receipt of notification of such delinquency; or (ii) has not commenced the
legal procedures for protest and/or contest of any such taxes within sixty (60) days
of receipt of notification of such delinquency. If the default has not been cured by
Resolution 22-08
Aspen Estates Development Agreement - Page 5 of 13
Resolution 22-08
EXHIBIT “A”
such time, the Town shall have the right to terminate this Agreement by providing
ten (10) days written notice to the Developer and shall have all other rights and
remedies that may be available to it under the law or in equity.
2. Violations of Town Code, State or Federal Law
An event of default shall occur under this Agreement if during the term hereof and
after the expiration of any applicable notice and cure period any written citation is
issued to the Developer or an Affiliate due to the occurrence of a violation of a
material provision of the Town Code with respect to the Development (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
Development, or to matters concerning the public health, safety or welfare) and
such citation is not: (i) paid before it is delinquent; or (ii) the recipient of such
citation does not properly follow the legal procedures for protest and/or contest of
any such citation within the deadlines set forth in said citation. An event of default
shall further occur under this Agreement if the Developer or its Affiliate is in
violation of any material state or federal law, rule or regulation on account of the
Development, improvements in the Development or any operations thereon
(including, without limitation, any violations related to the environmental condition
of the Development; the environmental condition on other land or waters which is
attributable to operations of the Development; or to other matters concerning the
public health, safety or welfare related to the Development). Upon the occurrence
of such default, the Town shall notify the Developer in writing and Developer shall
have (i) thirty (30) calendar days to cure such default or (ii) if Developer has
diligently pursued cure of the default but such default is not reasonably curable
within thirty (30) calendar days, then such amount of time as determined by both
parties mutually and in good faith 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 with ten (10) days notice by providing written notice to the Developer
and shall have all other rights and remedies that may be available to under the law
or in equity.
3. General Breach
Unless stated elsewhere in this Agreement, the Developer shall be in default under
this Agreement if the Developer breaches any material 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 the Developer 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 with ten (10) days notice by
providing written notice to Developer.
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Resolution 22-08
EXHIBIT “A”
G. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP
It is expressly understood and agreed that the Developer shall not operate as a
servant, contractor agent, representative or employee of the Town. Developer shall
have the exclusive right to control all details and day-to-day operations relative to
its operations and obligations that it is required to perform under the Agreement
and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. Developer
acknowledges that the doctrine of respondeat superior will not apply as between
the Town and Developer, or Town’s officers, agents, servants, employees,
contractors, subcontractors, licensees, and invitees. The Developer further agrees
that nothing in this Agreement will be construed as the creation of a partnership or
joint enterprise between the Town and Developer.
H. INDEMNIFICATION
THE DEVELOPER, AT NO COST OR LIABILITY TO THE TOWN, AGREES
TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS,
ELECTED AND APPOINTED OFFICIALS, AGENTS, ATTORNEYS,
SERVANTS AND EMPLOYEES (TOGETHER WITH THE TOWN, EACH A
“TOWN INDEMNIFIED PERSON”) HARMLESS AGAINST ANY AND ALL
THIRD PARTY CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES
RELATED THERETO, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO THE DEVELOPER’S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT
RELATE TO, ARISE OUT OF OR ARE OCCASIONED BY (i) THE
DEVELOPER’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF THE DEVELOPER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN,
OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTORS), OR SUBCONTRACTORS DUE
OR RELATED TO, FROM, OR ARISING FROM THE OPERATION AND
CONDUCT OF ITS OPERATIONS AND OBLIGATIONS OR OTHERWISE
TO THE PERFORMANCE OF THIS AGREEMENT. NOTWITHSTANDING
THE FOREGOING, NOTHING IN THIS SECTION SHALL REQUIRE
DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING
OUT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWN
ENGINEER OR ANY TOWN INDEMNIFIED PERSON.
I. INDEMNITY AGAINST NEGLIGENT DESIGN
APPROVAL OF THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE,
OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY PLANS,
DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER
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EXHIBIT “A”
UNDER THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED
TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE
DEVELOPER, ITS ENGINEER, CONTRACTORS, EMPLOYEES,
OFFICERS, OR AGENTS FOR THE ACCURACY AND COMPETENCY OF
THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT
BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, ITS
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE
INTENT OF THE PARTIES THAT APPROVAL BY THE TOWN ENGINEER
OR OTHER TOWN EMPLOYEE, OFFICIAL, CONSULTANT, OR OFFICER
SIGNIFIES THE TOWN APPROVAL OF ONLY THE GENERAL DESIGN
CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS
CONNECTION, THE DEVELOPER SHALL INDEMNIFY AND HOLD
HARMLESS EACH TOWN INDEMNIFIED PERSON, FROM ANY LOSS,
DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO
PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL
PERSONS WHICH MAY ARISE OUT OF ANY NEGLIGENT DESIGN
OF THE ENGINEER INCLUDED IN DESIGNS AND SPECIFICATIONS
INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN
ACCORDANCE THEREWITH, AND THE DEVELOPER SHALL DEFEND
AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS
BROUGHT AGAINST ANY TOWN INDEMNIFIED PERSON, ON ACCOUNT
THEREOF, TO PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS
WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM,
COLLECTIVELY OR INDIVIDUALLY, PERSONALLY OR IN THEIR
OFFICIAL CAPACITY, IN CONNECTION HEREWITH; PROVIDED THAT
DEVELOPER SHALL HAVE THE RIGHT TO SELECT COUNSEL OF ITS
OWN CHOOSING AND SHALL HAVE ALL REQUISITE AUTHORITY TO
ENTER INTO ANY SETTLEMENT AGREEMENT AT ANY TIME IN
CONNECTION WITH ANY SUCH CLAIMS OR LIABILITIES FOR WHICH
DEVELOPER OWES INDEMNITY UNDER THIS SECTION.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION
SHALL REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY
CLAIMS ARISING OUT OF THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE TOWN ENGINEER OR ANY TOWN
INDEMNIFIED PERSON.
J. 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, reputable overnight delivery service, or by hand
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EXHIBIT “A”
delivery:
If to Developer: JW Waterside, LP
Attn: Paul Pastore
5055 Keller Springs Road, Suite 540
Addison, TX 75001
With a copy to: JW Waterside, LP
Attn: Douglas Mousel
5850 Granite Parkway, Suite 100
Plano, Texas 75024
If to Town: Town of Westlake
Attn: Town Manager
1500 Solana Blvd.
Building 7, Suite 7200
Westlake, Texas 76262
With a copy to: Boyle & Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, Texas 75062
K. ASSIGNMENT AND SUCCESSORS
As described and required in Ordinance 928 (but notwithstanding the specific
language of Section 1.H thereof), a single family of companies (whose affiliated
and subsidiary entities are collectively referred to as “Waterside”) will manage and
oversee the development and homebuilding of all homes in the development. For
purposes of Section 1.I of Ordinance 928, the “developer that is the signatory party
in the development agreement” is hereby identified as JW Waterside, LP. All
building permits issued for new construction of single-family homes in the
development shall only be issued to Waterside’s homebuilding entity or its Affiliate
as determined by the Town manager or its designee. Any lawful assignee or
successor in interest of the Developer of all rights and obligations under this
Agreement shall be deemed ‘the Developer’ for all purposes under this Agreement.
A permitted successor to Waterside must (1) assume this Agreement and (2) agree
to follow the approved architectural design guidelines established by the Developer
and approved by the Town. A third party appointed by Waterside may manage and
oversee the development of, and homebuilding within, the development under the
same requirements. Waterside may also appoint a financial institution providing
financing to Waterside (a “Lender”) to assist in the financial aspects of the
development. The Developer 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, which consent will not be unreasonably
withheld, conditioned or delayed, provided that any Lender is a permitted assignee,
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EXHIBIT “A”
under the terms of a collateral assignment, as are such Lender’s assignees.
L. 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,
M. GOVERNMENTAL POWERS
It is understood that by execution of this Agreement, the Towndoes not waive or
surrender any of it governmental powers or immunities that are outside of the terms,
obligations, and conditions of this Agreement.
N. NO WAIVER
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party’s right to insist upon appropriate performance or to assert any
such right on any future occasion.
O. VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis of 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.
P. NO THIRD-PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of the
Town and the Developer, and any lawful assign or successor of the Developer, and
are not intended to create any rights, contractual or otherwise, to any other person
or entity.
Q. FORCE MAJEURE
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligation hereunder is delayed by reason of war, civil
commotion, acts of God, inclement weather that prohibits compliance with any
portion of this Agreement, 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,
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EXHIBIT “A”
so that the time period applicable to such requirement shall be extended for a period
of time equal to the period such party was delayed.
R. INTERPRETATION
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this
Agreement.
S. 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.
T. CAPTIONS
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
U. ENTIRETY OF AGREEMENT
This Agreement, including any attachments attached hereto, including the
Requirements for Contractor’s Insurance and any documents incorporated herein
by reference, and the Economic Development Program Agreement, contain the
entire understanding and Agreement between the Town and the Developer, and any
lawful assign and successor of the Developer, 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.
V. 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.
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EXHIBIT “A”
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EXHIBIT “A”
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: JW Waterside, LP, a Texas limited partnership
By, Texas Land Management LLC, a Texas limited liability company, its General Partner
___________________________
By: Jim Williams, Jr., Chairman
STATE OF TEXAS
COUNTY OF COLLIN
On _____________________, before me, ___________________________, Notary
Public, personally appeared Jim Williams, Jr, Chairman of Texas Land Management, L.L.C., a
Texas limited liability company, General Partner of JW Waterside, LP, a Texas limited
partnership, who acknowledged to me that he executed this Agreement for the purposes and
consideration therein expressed. Mr. Williams further attested that he is signing this Agreement in
his capacity as Chairman of Texas Land Management, L.L.C. and as General Partner of JW
Waterside, LP, and that such capacity makes his signature valid to bind the companies, Texas Land
Management, L.L.C. and JW Waterside, LP..
________________________________
WITNESS my hand and official seal.
(SEAL) - Notary Public
My commission expires: ______________________________
TOWN OF WESTLAKE, TEXAS
By: _____________________________________________
Amanda DeGan, Town Manager
ATTEST:
______________________________________________
Todd Wood, Town Secretary
_______________________________________________
Stan Lowry, Town Attorney
Date: _______________________________________________
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RESOLUTION 22-08
EXHIBIT “B”
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
JW WATERSIDE, LP and Texas Land Management LLC (the "Owner” and/or
“Developer"), for the purposes and considerations stated below. The Town and Owner
are referred to from time to time as "Parties" herein.
WHEREAS, the Town has established an economic development program as
authorized by Resolution 16-30, adopted by the Town Council on August 22, 2016; and
WHEREAS, in order to increase and enhance the local tax base and local economy
in the Town, and to maximize the economic benefits of the Development (as defined
below), Owner and/or one or more of its Affiliates has been permitted to sell lots for the
construction of single family residential homes on 3.0 acres within the Aspen Estates
development.
Section 1. RECITALS
The Town and Owner hereby agree that the following statements are true and correct and
constitute the basis upon which the Town and Owner have entered into this Agreement:
A. The Town has concluded that this Agreement is authorized by Chapter 380
of the Texas Local Government Code, Article III, Section 52(a) of the Texas
Constitution and is authorized by Resolution No. 16-30, adopted by the
Town Council on August 22, 2016, and hereby made a part of this
Agreement for all purposes, in which 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
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 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").
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B. Owner and/or one or more of its Affiliates is the owner of an approximately
3.0 acre residential property located in the phase two portion of Planned
Development District (PD7) to include primarily single family residential
uses (the "Development").
C. The Town Council finds and determines that the Development will promote
economic development and stimulate business and commercial activity
consistent with the 380 Program, and that the Development will
significantly expand the local tax base, enhance the local economy, and
provide positive growth.
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:
Section 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:
Agreement shall mean this Development Agreement between the Town of Westlake
and JW Waterside, LP.
Affiliate shall mean Waterside Properties-SR, LLC or any entities, incorporated or
otherwise, under common control with, controlled by or controlling the Developer. For
purposes of this definition, “control” means fifty percent (50%) or more of the ownership
determined by either value or vote.
“Owner” and/or “Developer” shall mean the Developer and/or its Affiliates or assigns.
Development shall mean the single family detached residential development depicted
onOrdinance 939, Exhibit A.
Townshall mean the Townof Westlake, Texas, and its officials assignedby the Town
Manager to review and approve submittals in accordance with the Town of Westlake Code of
Ordinances and published standards, restrictions, rules and regulations.
AGREEMENT - INCORPORATION OF RECITALS
Section 3.
The Town Council has found at a duly-called and legally-noticed public meeting through
the adoption of Town Resolution No. 16-30, and hereby made a part of this Agreement for
all purposes, and the Town and Owner and its Affiliates 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.
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Section 4. TERM
This Agreement shall be effective from the latest date of execution by the Parties (the
"Effective Date") and shall remain in force for the duration of the term of the Agreement
as defined herein unless terminated earlier in accordance with this Agreement. The term
of this Agreement shall not be considered complete until:
1. The Aspen Estates Development Agreement has been completed pursuant to
Section D thereof.
2. Issuance by the Town of a Letter of Final Acceptance of the publicly dedicated
improvements.
3. The payment of $5,000 by Developer to the Town of Westlake for Westlake
Academy for every residential lot in the Development shown on its final
recorded plat, which shall be paid prior to the recording of the final plat for
the Development.
4. All Developer Obligations under this Agreement, Developer Agreement and
Ordinance 939 must have been met.
Section 5. TOWN'S AND OWNER'S OBLIGATIONS AND COMMITMENTS
5.1.Owner's Specific Obligations.
Owner and/or one or more of its Affiliates will provide for sale from the
Development residential lotsfor the construction of single family homes with
a net minimum aggregate taxable value of $6.75 (eight) million.
A. Open Space, Lighting and Landscaping Plans
1. Per the provisions of Ordinance 928 and Ordinance 939, the
Owner shall submit to the Town Manager, or their designee, an
Open Space Plan, Lighting Plan and Landscape Plan that comply
with all Town Ordinances, Codes, rules and regulations. Upon
review by the Town Manager, or their designee, the Town
Manager may approve or deny the submittal or refer the submittal
to P&Z and or Council for review and approval.
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2. The Owner or HOA shall maintain and be responsible for any
and all costs (i) associated with, and necessary to provide, open
space included in the Town approved Open Space Plan, (ii) for
installation and maintenance of lighting improvements made by
Developer pursuant to the Town approved Lighting Plan, and
(iii) for making and maintenance of landscaping improvements
made by Developer pursuant to the Town approved Landscaping
Plan.
3. As part of the required development agreement, the developer shall,
at a minimum, submit the following items: (1) development
covenants, conditions and restrictions (CCR’s) to be enforced by
the homeowner’s association (HOA), which should include HOA
dues, duties and powers, transitional details providing for an orderly
and highly transparent transition from the declarant to the HOA,
and Town review of HOA dues to provide for adequacy of funding
of maintenance of private infrastructure to Town standards by the
HOA, which should include a pro forma demonstrating that the
HOA dues structure is sufficient to provide adequate maintenance
of all required HOA maintained amenities; (2) homebuilder
requirements and obligations; (3) cluster mailbox designs and
locations where applicable.
B. Maintenance of Improvements
Following the expiration of 90 (ninety) days following the recording of
the final plat for the Development:
1. Notwithstanding other requirements stated herein or any other
official development documentation, the Owner and/or HOA shall
perpetually maintain all streets, gates, storm drains, ponds,
appurtenances, amenities, lighting, irrigation and landscape
maintenance within the Aspen Lane right-of-way adjacent to the
perimeter of the development as depicted on Ordinance 939,
Exhibit A.
Section 6. DEFAULT, TERMINATION AND FAILURE BY OWNER TO
MEET VARIOUS DEADLINES AND COMMITMENTS
6.1. Failure to Pay Town Taxes or Fees
An event of default shall occur under this Agreement if during the term
hereof and after the expiration of any notice and cure period, any legally-
imposed Town taxes or fees owed on, or generated by, the Owner or one of
its Affiliates with regard to the Development become delinquent and Owner
or the Affiliate does not either: (i) pay such taxes and any associated
penalties within sixty (60) days of receipt of notification of such
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delinquency ; or (ii) follow the legal procedures for protest and/or contest
of any such taxes within sixty (60) days of receipt of notification of such
delinquency. If the default has not beencured by such time, the Town shall
havethe right to terminate this Agreement by providing ten (10) days written
notice to Owner and shall have all other rights and remedies that may be
available to it under the law or in equity.
6.2. Violations of Town Code, State or FederalLaw
An event of default shall occur under this Agreement if during the term
hereof and after the expiration of any applicable notice and cure period any
written citation is issued to Owner or an Affiliate due to theoccurrence of
a violation of a material provision of the Town Code with respect to the
Development (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 Development, or to matters
concerning the public health, safety or welfare) and such citation is not:
(i) paid before it is delinquent or (ii) the recipient of such citation does
not properly follow the legal procedures for protest and/or contest of
any such citation within the deadlines set forth in said citation. An event
of default shall further occur under this Agreement if the Owner or its
Affiliate is in violation of any material state or federal law, rule or
regulation on account of the Development, improvements in the
Development or any operations thereon (including, without limitation,
any violations related to the environmental condition of the
Development; the environmental condition on other land or waters
which is attributable to operations of the Development; or to other
matters concerning the public health, safety or welfare related to the
Development). Upon the occurrence of such default, the Town shall
notify Owner in writing and Owner shall have (i) thirty (30) calendar
days to cure such default or (ii) if Owner has diligently pursued cure of
the default but such default is not reasonably curable within thirty (30)
calendar days, then such amount of time as determined by both parties
mutually and in good faith 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 within ten (10) days notice by providing
written notice to Owner and shall have all other rights and remedies that
may be available to under the law or in equity.
6.3.General Breach
Unless stated elsewhere in this Agreement, Owner shall be in default
under this Agreement if Owner breaches any material 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 Owner has diligently and
continuously attempted to cure following receipt of such written notice
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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 with ten (10) days notice by
providing written notice to Owner.
6.4.Effect ofBreach
The Town shall have no obligation to make the payment set forth in
Section 5.2, above, during the pendency of any default by Owner
hereunder that Owner has not diligently commenced to cure and, in
the event of the Town's termination of this Agreement for default prior
to the Owner's satisfaction of its obligations under Section 5.1, shall be
relieved from making such payment. The Town shall have no right to
compel or carry out any required performance of Owner hereunder, nor
shall the Town have any rights in the Development as a consequence hereof,
and both parties specifically disclaim any right to consequential, indirect or
punitive damages.
Section 7. NO SERVANT, CONTRACTOR OR AGENCY RELATIONSHIP
It is expressly understood and agreed that Owner shall not operate as a
servant, contractor agent, representative or employee of the Town. Owner
shall have the exclusive right to control all details and day-to-day operations
relative to its operations and obligations that it is required to perform under
the Agreement and shall be solely responsible for the acts and omissions
of its officers, agents, servants, employees, contractors, subcontractors.,
licensees and invitees. Owner acknowledges that the doctrine of
respondeat superior will not apply as between the Town and Owner, or
Town’s officers, agents, servants, employees, contractors, subcontractors,
licensees and invitees, Owner further agrees that nothing in this Agreement
will be construed as the creation of a partnership or joint enterprise between
the Town and Owner.
Section 8. INDEMNIFICATION
OWNER, AT NO COST OR LIABILITY TO THE TOWN, AGREES
TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS
OFFICERS, ELECTED AND APPOINTED OFFICIALS, AGENTS,
ATTORNEYS, SERVANTS AND EMPLOYEES (TOGETHER WITH
THE TOWN, EACH A “TOWN INDEMNIFIED PERSON”),
HARMLESS AGAINST ANY AND ALL THIRD PARTY CLAIMS,
LAWSUITS, ACTIONS, COSTS AND EXPENSES RELATED
THERETO, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, THAT RELATE TO, ARISE OUT OF OR ARE
OCCASIONED BY (i) OWNER’S BREACH OF ANY OF THE
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MATERIAL TERMS OR PROVISIONS OF THIS AGREEMENT; OR
(ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF OWNER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN
THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS,
ASSOCIATES, CONTRACTORS OR SUBCONTRACTORS), OR
SUBCONTRACTORS ARISING OUT OF OWNER’S
PERFORMANCE OF, OR FAILURE TO PERFORM, OWNER’S
OBLIGATIONS OF THIS AGREEMENT. NOTWITHSTANDING
THE FOREGOING, NOTHING IN THIS SECTION 8 SHALL
REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY
CLAIMS ARISING OUT OF THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE TOWN ENGINEER OR ANY TOWN
INDEMNIFIED PERSON.
Section 9. 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, either by certified mail, postage prepaid, reputable overnight delivery
service, or by hand delivery:
Town: Owner:
Town of Westlake JW Waterside, LP
Attn: Town Manager Attn: Paul Pastore
1500 Solana Blvd. 5055 Keller Springs Road
Building 7, Suite 7200 Addison, TX 75601
Westlake, TX 76262
With Copies to: With Copies to:
Boyle & Lowry, L.L.P. JW Waterside, LP
Attn: L. Stanton Lowry Attn: Douglas Mousel
4201 Wingren Drive, Suite 108 5850 Granite Parkway, Suite 100
Irving, TX 75062 Plano, TX 75024
Section 10. ASSIGNMENT AND SUCCESSORS
Owner may at any time after 120 (one-hundred twenty) calendar days
following the Effective Date transfer or otherwise convey all of its rights and
obligations under this Agreement to any successor owner of the
Development, provided that in the event that Owner transfers more than fifty
percent (50%) of the Development prior to fulfillment of the public
infrastructure improvements and Developer's responsibilities identified in the
Developer Agreement and intends for its successor to carry out or complete
construction of such improvements and responsibilities, the Town's consent
to such transfer may be conditioned on the Town's receipt of reasonable
Resolution 22-08
Aspen Estates Economic Development Agreement Page 7 of 12
evidence that such successor has the financial capacity to complete Owner's
requirements under Developer Agreement for the Development. Subject to
the foregoing limitations, any lawful successor and assignee of rights and
obligations under this Agreement shall be deemed an "Owner" for all
purposes under this Agreement with respect to the portion of the
Development conveyed to such successor. In the event of any conveyance
and assignment by Owner of one or more, but not all, tracts contained in the
Development, the parties acknowledge that the rights and obligations of
Owner's successor shall apply only to the tracts transferred to such successor,
and that such successor shall not be liable to the Town for the rights or
obligations of the Owner before such transfer or for any other tract. Upon the
request of any such successor, the Town shall execute a recordable instrument
evidencing such severance of the rights and obligations hereunder.
Section 11. 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.
Section 12. GOVERNMENTAL POWERS
It is understood that by execution of this Agreement, the Town does not waive
or surrender any of its governmental powers or immunities that are outside of
the terms, obligations, and conditions of this Agreement.
Section 13. NO WAIVER
The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that party's right to insist upon appropriate
performance or to assert any such right on any future occasion.
Section 14. VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis
of 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.
Section 15. NO THIRD PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of
the Town and Owner, and any lawful assign or successor of Owner, and are
not intended to create any rights, contractual or otherwise, to any other person
Resolution 22-08
Aspen Estates Economic Development Agreement Page 8 of 12
or entity.
Section 16. FORCE MAJEURE
It is expressly understood and agreed by the Parties to this Agreement that if
the performance of any obligation hereunder, other than those obligations
contained in Section 5 of this Agreement, is delayed by reason of war, civil
commotion, acts of God, inclement weather that prohibits compliance with
any portion of this Agreement, or other circumstances which are reasonably
beyond the control or knowledge of the party obligated or permitted under
the terms of this Agreement to do or perform the same, regardless of whether
any such circumstance is similar to any of those enumerated or not, the party
so obligated or permitted shall be excused from doing or performing the same
during such period of delay, so that the time period applicable to such
requirement shall be extended for a period of time equal to the period such
party was delayed.
Section 17. INTERPRETATION
In the event of any dispute over the meaning or application of any provision
of this Agreement, this Agreement shall be interpreted fairly and reasonably,
and neither more strongly for or against any party, regardless of the actual
drafter of this Agreement.
Section 18. 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.
Section 19. CAPTIONS
Captions and headings used in this Agreement are for reference purposes only
and shall not be deemed a part of this Agreement.
Section 20. ENTIRETY OF AGREEMENT
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference and the Developer Agreement contains the
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Aspen Estates Economic Development Agreement Page 9 of 12
entire understanding and agreement between the Town and Owner, and any
lawful assign and successor of Owner, 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.
Section 21. 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.
\[Signature page follows\]
Resolution 22-08
Aspen Estates Economic Development Agreement Page 10 of 12
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: JW Waterside, LP, a Texas limited partnership
By, Texas Land Management LLC, a Texas limited liability company, its General Partner
___________________________
By: Jim Williams, Jr., Chairman
STATE OF TEXAS
COUNTY OF COLLIN
On _____________________, before me, ___________________________, Notary
Public, personally appeared Jim Williams, Jr, Chairman of Texas Land Management, L.L.C.,
a Texas limited liability company, General Partner of JW Waterside, LP, a Texas limited
partnership, who acknowledged to me that he executed this Agreement for the purposes and
consideration therein expressed. Mr. Williams further attested that he is signing this
Agreement in his capacity as Chairman of Texas Land Management, L.L.C. and as General
Partner of JW Waterside, LP, and that such capacity makes his signature valid to bind the
companies, Texas Land Management, L.L.C. and JW Waterside, LP..
_______________________________
_
WITNESS my hand and official seal.
(SEAL) - Notary Public
My commission expires: ______________________________
TOWN OF WESTLAKE, TEXAS
By: _____________________________________________
Amanda DeGan, Town Manager
ATTEST:
______________________________________________
Todd Wood, Town Secretary
_______________________________________________
Stan Lowry, Town Attorney
Date: _______________________________________________
Resolution 22-08
Aspen Estates Economic Development Agreement Page 11 of 12
Resolution 22-08
Aspen Estates Economic Development Agreement Page 12 of 12
BOARD OF TRUSTEESAGENDA ITEM
Regular Meeting -Consent Item
Monday, February 28, 2022
TOPIC:Consider a Resolution Amending the 21-22 SY Budget to Allow for the Use
of Fund Balance for Retention Payand Partnering with the Westlake
Academy Foundation for an additional funding grant.
STAFF: Amanda DeGan, Superintendent
STRATEGIC ALIGNMENT
Outcome
Vision, Value, MissionPerspectiveCurriculum
Objective
Attract, Recruit
People,
& Retain the
Academic ExcellenceFacilities, & PYP / MYP / DP
Highest Quality
Technology
Workforce
SUMMARY
At a previous meeting of the Town Council, staff discussed a proposal to allocate retention pay to our
academic staff this budget year. Many schools are either utilizing fund balance or Elementary and
Secondary School Emergency Relief (ESSER) Funds in thissame manner as the country has experienced
challenges in retaining school personnel. We also want to acknowledge the work our academic team has
done over the past few years by switching to remote teaching/learning, working through the pandemic in
challenging circumstances, helping to reaclimmate students back on campus from the remote environment,
and often teaching through evolving protocols and public health concerns.
Staff worked with our school attorney to draft a process to amend the budget and partner with the Westlake
Academy Foundation to help fund the project. The school’s general fund will contribute $75,000 to this
plan and the Foundation Board has agreed to fund up to $225,000 from the fund raised through the
generosity of our parents, grandparents, and friends of the Academy. We are very fortunate to offer what
Staff believes is a meaningful retention pay program through our partnership with our Foundation and those
who give generously to the school.
Page 1of 2
Full-time staff members will receive $2,000 and part-time staff will receive $1,000 in retention pay (grossed
up to remove the tax impact to the recipient). For those who teach some where inbetween part and full-time
we will prorate this based on their course teaching load.
As part of our on-going work to adhere to our Council policy to stay with 3% of the median for our
benchmark schools, we will also look at how we might enhance the daily pay rate for substitute teachers
and we will bring this analysis back to the Council.
COUNCILACTION/OPTIONS
Council actionoptions are to aprove or deny the budget amendment.
STAFF RECOMMENDATION
Recommends approval.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $ 300,000 Funding Source: Multiple Sources -
see comments below
Contract: No Forms: N/A
Service Levels: N/A
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy:N/A
Comprehensive Plan: N/A
Cost Recovery Analysis:N/A
Traffic Impact: N/A
ATTACHMENTS
Resolution
Page 2 of 2
WESTLAKE ACADEMY
RESOLUTION NO. 22-03
A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY
APPROVING THE AMENDED OPERATING BUDGET FOR FISCAL YEAR ENDING
AUGUST 31, 2022, WHICH PROVIDES FUNDING FOR FACULTY AND STAFF
RETENTION PAY.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY:
WHEREAS, the Town of Westlake is the charter holder for Westlake Academy
(“Academy”), an open-enrollment charter school authorized by the Texas Education Agency,
and the Town Council serves as the Board of Trustees (“Board”) for the Academy, the Board is
authorized to expend funds consistent with the provisions of applicable state and federal law for
purposes necessary in the conduct and operation of the Academy, as determined by the Board;
and
WHEREAS, the Board acknowledges that in response to the Covid-19 Pandemic and
throughout the 2020-2021 and 2021-2022 school years, Academy personnel were called upon to
go above and beyond to ensure the success of Academy operations; and
WHEREAS, the Board recognizes that a reduction in staff turnover promotes stability
and efficiency in Academy operations; and
WHEREAS, the Board finds the need to maintain ongoing positive morale and seeks to
retain its employees, reduce turnover, and help employees focus on work-related matters while at
work, and believes that a substantial public purpose exists in doing so.
NOW, THEREFORE, BE IT RESOLVEDBY THE BOARD OF TRUSTEESOF
WESTLAKE ACADEMY:
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: A public purpose exists for paying Westlake Academy employees,
through one or more payments, a stipend to retain its employees and reduce turnover.
SECTION 3: The expenditure of public funds for providing the retention stipend is
necessary for the effective and efficient operation of the Academy.
SECTION 4: The Academy will retain sufficient control over the distribution and use
of the retention stipend to ensure that the public purpose is accomplished. These controls
WA Resolution 22-03
Page 1 of 3
will include establishing a procedure by which an employee forfeits receipt of the stipend
if the employee resigns prior to the end of the 2021-2022 school year.
SECTION 5:The Academy will receive the significant benefit of retaining its
employees and reducing turnover during the remainder of the 2021-2022 school year.
SECTION 6: Employees who commit to being employed by the Academy throughout
the 2021-2022 school year shall be eligible for the retention stipend, subject to any other
eligibility criteria identified herein.
SECTION 7: All eligible full-time Academyemployees as a teacher, administrator or
other full-time position for the 2021-2022 school year shall be entitled to a one-time
retention stipend in the amount of TwoThousand Dollars Net Income ($2,000).
SECTION 8: All eligible part-time Academyemployees working as a paraprofessional,
aide, or other auxiliary employment position for the 2021-2022 school yearshall be
entitled to a one-time retention stipend in the amount of One Thousand Dollars Net
Income ($1,000).
SECTION 9: Employees who work less than part-time or between part-time and full-
timestatus, will receive a prorated allocation based on their FTE status, not to exceed two
thousand dollars net income nor be below five hundred dollars net income.
SECTION 10: The Board authorizes the administration to take any and all action
necessary to carry out the wishes of the Board as expressed in this Resolution.
SECTION 11: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Council hereby determines that it would have adopted this
Resolution without the invalid provision.
SECTION 12:That this resolution shall becomeeffective from and after its date of
passage.
h
PASSED AND APPROVED ON THIS THE 28 DAY OF FEBRUARY 2022.
___________________________________
Laura Wheat, President
ATTEST:
________________________________ ___________________________________
Todd Wood, Board Secretary Amanda DeGan, Superintendent
WA Resolution 22-03
Page 2 of 3
APPROVED AS TO FORM:
________________________________
L. Stanton Lowryor Janet S. Bubert,
School Attorney
WA Resolution 22-03
Page 3 of 3
02/28/2022 Reason for change:
WESTLAKE ACADEMY
FISCAL YEAR 2021- 2022 Increase budget to allow for
REQUESTTOAMENDORIGINALBUDGET faculty/staff retention pay
2021-2022 2021-2022 2021-2022
Fund 199 General Fund
(Includes Transportation 197 and Athletics 198)
Adopted Budget Proposed Amendment Amended Budget
Revenues:
197-5700 Local Sources (Transportation)25,500$ -$ 25,500
198-5700 Local Sources (Athletics)88,100 - 88,100
199-5700 Local Sources (General Fund)1,148,771 - 1,148,771
5800 State Programs8,109,375 - 8,109,375
Total Revenues$ -9,371,746$ 9,371,746$
Expenditures (by function)
11 Instructional4,884,668 49,011 4,933,679
12 Resources & Media135,797 1,388 137,185
13 Staff Development55,795 - 55,795
21 Instructional Leadership225,326 1,388 226,714
23 School Leadership1,258,754 9,714 1,268,468
31 Guidance & Counseling618,426 3,727 622,153
33 Health Services81,257 694 81,951
36 Co-curricular & Extracurricular Activities228,089 - 228,089
41 Administrative241,964 755 242,719
51 Maintenance & Operations967,763 2,143 969,906
52 Security & Monitoring26,800 - 26,800
53 Data Processing356,879 2,082 358,961
61 Community Services143,543 4,098 147,641
71 Debt Service207,922 - 207,922
Total Expenditures 75,0009,432,983 9,507,983
Excess (Deficiency) of Revenues
Over (Under) Expenditures
(75,000)(61,237) (136,237)
FUND BALANCE, BEGINNING$ -2,078,833$ 2,078,833
Audited as of 8/31/2021
FUND BALANCE, ENDING (75,000)2,017,596 1,942,596
Assigned - Bus Maintenance17,000 - 19,000
Assigned - Tech/FF&E Replacement79,782 - 56,621
Assigned - Uniforms/Equip Rep15,000 - 15,000
FUND BALANCE, UNASSIGNED$ (75,000)1,905,814$ 1,830,814$
Daily Operating Cost25,844 26,049
Operating Days74 70
BoardApproval:Date:
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Consent
Monday, February 28, 2022
TOPIC: Consider a Resolution authorizing the Town Manager to execute a lease
withSouthwestern Bell Telephone Company d/b/a AT&T Texas, to utilize
Town owned telecommunications conduit (ductbank) along Ottinger and
Dove Roads.
STAFF: Jarrod Greenwood, Assistant Town Manager
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
High Quality Planning, Design &
Development - We are a desirable Optimize Planning &
Planned / Responsible People, Facilities, &
well planned, high-quality Development
Development Technology
community that is distinguished by Capabilities
exemplary design standards.
SUMMARY
The Town of Westlake owns and leases a series of telecommunications conduit, referred to as the
Ductbank, which extends from the Solana Business complex to Westlake Academy, along FM
1938, and throughout various residential developments in Town. The Ductbank was envisioned
as a way to provide telecommunications companies access to Town right-of-way without the
need to dig, there by disrupting traffic, potentially damaging other buried utilities, expedite
installation, and minimize inconvenience to property owners.
The proposed lease will provide for the installation of fiber optic cable within the Town’s
Ductbank along Dove and Ottinger Road as with other recent ductbank agreements approved by
Town Council. AT&T is installing fiber in this off-site area in preparation for extending fiber
south along Pearon Lane to provide telecom services to the Westlake Ranch development. We
anticipate an additional lease with AT&T for the internal on-site Westlake Ranch ductbank
within the next 2 months.
Payment for the proposed lease will be $71,545.55 for the first 20-year term and an additional
$71,545.55 for a 20-year extension of the lease.
Page 1 of 2
COUNCILACTION/OPTIONS
Approve the proposed Resolution
Reject the proposed Resolution
STAFF RECOMMENDATION
Staff recommends approval.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $71,545.55 Funding Source: Utility Fund
Contract: Yes Forms: Form 2270
Service Levels: The proposed Resolution provides for sound telecommunication infrastructure
management consistent throughout the Town where Ductbank has been installed.
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy:The proposed Leaseis not anticipated to impact the Academy’s budget as
this is a Utility Fund Agreement.
Comprehensive Plan: The proposed Lease is consistent with the Comp Plan of ensuring high
development standards through sound right-of-way management
Cost Recovery Analysis: The proposed Lease is not not evaluated through the Cost Recovery
Analysis Tool.
Traffic Impact: The proposed Lease does not have any significant impact on traffic.
ATTACHMENTS
1. Resolution
2. Proposed DuctBank Lease with AT&T.
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 22-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH
SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS, TO UTILIZE
TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) ALONG DOVE
AND OTTINGER ROADS.
WHEREAS, Southwestern Bell Telephone Company d/b/a AT&T Texas, already leases
telecommunication conduit from the Town; and
WHEREAS, Southwestern Bell Telephone Company d/b/a AT&T Texas, desires to
utilize telecommunications conduit from the Town of Westlake to serve the Westlake Ranch
residential development; and
WHEREAS, the Town Council find that the leasing of telecommunication ductbank
conduit provides sound infrastructure planning consistent with goals and objectives within the
adopted strategic plan; and
WHEREAS, the Town Council authorize the Town Manager to execute a lease on behalf
of the Town of Westlake; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the Lease
with Southwestern Bell Telephone Company d/b/a AT&T Texas, related to the use of ductbank
along Dove and Ottinger Roads, attached as Exhibit “A”, and further authorizes the Town
Manager to execute the lease on behalf of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 22-09
Page 1 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
TH
PASSED AND APPROVED ON THIS 28 DAY OF FEBRUARY 2022.
_________________________________
Laura Wheat, Mayor
ATTEST:
___________________________ __________________________________
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
Resolution 22-09
Page 2 of 2
February 22, 2022
Resolution 22-09
Exhibit “A”
EXCLUSIVE CONDUIT LEASE
Between
TOWN OF WESTLAKE
And
SOUTHWESTERN BELL TELEPHONE COMPANY
D.B.A.
AT&T TEXAS
Proprietary and Confidential
Resolution 22-09
EXCLUSIVE CONDUIT LEASE
TABLE OF CONTENTS
ARTICLE 1: BASIC PROVISIONS3
ARTICLE 2: ADDITIONAL DEFINITIONS 5
ARTICLE 3: TERM AND COMMENCEMENT 5
ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT 5
ARTICLE 5: USE AND COMPLIANCE WITH LAWS6
ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, 7
AND IDEMNIFICATION 7
ARTICLE 7: CASUALTY DAMAGE 8
ARTICLE 8: MULTI-DUCT AND CONDUIT 9
ARTICLE 9: ASSIGNMENT AND SUBLETTING 9
ARTICLE 10: LANDLORD’S REMEDIES 10
ARTICLE 11: TENANT’S REMEDIES 11
ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION 11
ARTICLE 13: REPRESENTATIONS AND WARRANTIES 12
ARTICLE 14: VENUE AND GOVERNING LAW 13
ARTICLE 15: FORCE MAJEURE 13
ARTICLE 16: ENTIRE AGREEMENT 13
ATTACHMENT A - XXXXX DUCT BANK CONSTRUCTION PLANS 15
ATTACHEMENT B - DUCTBANK ACCESS PROCEDURES 16
Page 2 of 18
Proprietary and Confidential
Resolution 22-09
EXCLUSIVE CONDUIT LEASE
THIS EXCLUSIVECONDUIT LEASE (“Lease”) is made and entered into as of the
__________day of ___________, 2022 by and between the Town of Westlake,
Texas (“Landlord”) and Southwestern Bell Telephone Company d/b/a .___AT&T
Texas___________________(“Tenant”)
ARTICLE 1: BASIC PROVISIONS
This Article contains the basic lease provisions between Landlord and Tenant.
A.Route: The route of the Conduit that is the subject of this Lease is as indicated on
Attachment “A”, Dove and Ottinger Roads Route Plans.
B. Commencement of Lease: The Commencement Date for the Lease shall be as
follows, subject to adjustment based on any Landlord delays in substantial
completion of any Duct bank segments not completed at the time of Lease
signing.
C. Initial Term and 20 years
Expiration Date: Commencement Date plus 20 years
D. Rented Length: Parties agree that the rented length will be a
3657 feet based on the attached Dove and Ottinger Road Route Plans.
E. Size and Quantity: 3657’ - 4” Conduit
F. Base Rent: $71,545.55 Based on Fiber Count and space in inter duct.
G. Permitted Use: Facilities may be placed in the Conduit by the Tenant for the provisioning
of communications and telecommunications services, including voice, data,
video and internet services and any future technology.
Page 3 of 18
Proprietary and Confidential
Resolution 22-09
EXCLUSIVE CONDUIT LEASE
H. Landlord:Town of Westlake, Texas
I. Landlord’s Notice Address:
Town Manager
1500 Solana Boulevard
Building 7, Suite 7200
Westlake, TX 76262
With copies to:
Town Attorney
Town of Westlake
Boyle & Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, TX 75062
J. Tenant: Southwestern Bell Telephone Company
d/b/a . ___AT&T Texas__________________
K. Tenant’s Notice Address:
ROW Department
13845 FAA Blvd
Fort Worth, Tx 76155
L. Rent Payments: Lump Sum payment of $71,545.55
M. Attachments: This Lease includes and incorporates by this reference:
Attachment A: Dove and Ottinger Road Route Plans
Attachment B: Ductbank Access Procedures
N. Substantial Completion: Substantial completion of all or a portion of the construction of the
Ductbank occurs when the construction of the Ductbank is completed
sufficient to enable Tenant to install its facilities located in the Conduit.
O. Open ACCESS: This is a OPEN ACCESS Lease in that Landlord may lease other ducts
withinthe Duct bank to other Tenants. Leases entered into with other
Tenants may not interfere in any manner with Tenant’s ability to provide
service to its customers including increasing operational burdens or costs.
Interference is defined as the prevention of providing service or the
degradation of service due to a technicalissue caused by the Landlord or by
another tenant. The Landlord is a provider of facility such as conduit and
right of ways and therefore remains neutral on any tenant’s service
objectives or strategy for deployment.
Page 4 of 18
Proprietary and Confidential
Resolution 22-09
EXCLUSIVE CONDUIT LEASE
ARTICLE 2: ADDITIONAL DEFINITIONS
A.Conduit: The term “conduit” refers to a six-inch (6”), four-inch (4”) or two-inch (2”) rigid pipe or flexible
material located within the Ductbank. The conduits leased under and pursuant to this Lease are identified in
Attachment “A”, Dove and Ottinger Road Route Plans, and are referred to herein as the “Conduit.”
B. Cell: The term “cell” refers to a multi-duct inner-liner within a conduit. The cells leased under and
pursuant to this Lease are as indicated in Attachment “A”, Dove and Ottinger Road Route Plans, and are referred
to herein as the “Cells.”
C. Ductbank: A bank or collection of several Landlord-owned conduits routed from manhole to manhole or
pull box.
D. Facilities: The term “Facilities” refers to cables, wires and other appurtenances as determined by Tenant
which Tenant shall place in Conduit rented hereunder to provide communications and telecommunications
services.
E. Open Access: The term “Open Access” refers to any potential tenant that may require physical space
within the conduit shall have the opportunity to negotiate in good faith with the Landlord and seek a Lease
Agreement.
F. Exclusive Conduit Lease: The term “Exclusive Conduit Lease” refers to ownership of the fiber optic,
copper or any other cabling within the conduit in reference to the Plans, Drawings and Specifications referenced
in the Conduit Lease Agreement. This “Exclusive” Agreement means that no fiber can be subleased, sold, traded
or acquired by any other party without the Landlord having knowledge and approval without being unreasonably
held.
ARTICLE 3: TERM AND COMMENCEMENT
A. Term: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Conduit and/or
Cells identified in Article 1, and described in Attachment “A”, Dove and Ottinger Road Route Plans, for the
Term, subject to the other provisions of this Lease. The term of this Lease shall commence on the Commencement
Date and end at 11:59 PM on the Expiration Date set forth in Article 1, unless sooner terminated as provided in
this Lease. This Lease may be renewed as provided for in Article 4.B.
ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT
A. Base Rent: Tenant shall pay Landlord (i) the Base Rent set forth in Article 1 in advance on or before the
Commencement Date and annually on the anniversary date, or (ii) the one-time lump sum base rent set forth in
Article 1 in advance on or before the Execution of the Lease. The Rate Adjustment set forth in Article 1 shall be
applied to the base rent to offset additional costs incurred by the Tenant. Rent shall be based on the number of
cells leased by the Tenant along with fiber count within the cell or conduit.
Page 5 of 18
Proprietary and Confidential
Resolution 22-09
EXCLUSIVE CONDUIT LEASE
B. Renewal: This Lease may be extended and renewed upon the written consent of both the Landlord and
the Tenant, and such consent shall not be withheld by the Landlord without a justifiable cause presented in writing
to the Tenant. Tenant shall have a minimum of 180 days from the receipt of such termination notice to discontinue
its use of the ductbank. Performance Issues related to the Renewal Fee may be considered a justifiable cause for
withholding consent.
ARTICLE 5: USE AND COMPLIANCE WITH LAWS
A.Use of Conduit: Tenant and Tenant only shall use the Conduit only for the permitted use identified in
Articles 1 and 2, and no other purpose whatsoever, subject to the other provisions of this Article and this Lease.
Tenant may petition the Landlord to use the Leased Conduit for other purposes, and if technologically feasible
and will not interfere with other Tenants.
B. Maintenance of Ductbank: Landlord shall at its sole cost maintain the physical structure of the
Ductbank, including manholes, and shall provide a clean and safe working environment within the ductbank
including the removal of water, mud, animals, insects and other foreign matter, when manholes need to be
accessed. Twenty-four (24) hour Notice for access must be given for the Maintenance required.
C. Protection of Tenant Facilities within Ductbank: Landlord shall use best efforts to assure that Tenant’s
Conduit and Facilities within the Ductbank are protected from damage by other tenants and to allow efficient
access by the Tenant to its Facilities. All Tenants shall have Five (5) million Dollars Liability Insurance to make
a claim upon in case of any catastrophic occurrences. Landlord will not be responsible for any liquidated damages
from any catastrophic occurrences. Protection of the ductbank shall be limited to what is reasonable for a local
municipality may control under local jurisdictional law specified by code of The Town of Westlake and The State
of Texas.
D. Compliance with Laws: The parties shall comply with all laws of the State of Texas and all agencies of
the United States that have direct responsibility. Nothing in the Lease shall have the effect of eliminating or
altering the parties’ requirements to comply with all of the ordinances of the Town of Westlake, Chapter 283 of
the Texas Local Government Code or Chapter 253 of the Federal Telecommunications Act. In the event this
Lease, or any of it's provisions or the operations contemplated hereunder, are found to be inconsistent with or
contrary to any laws (now existing or hereinafter enacted), the law will be deemed to control and, if commercially
practicable, this Lease will be regarded as modified accordingly and will continue in full force and effect as so
modified. If such modified Lease is not commercially practicable, in the opinion of either party, then the parties
agree to meet promptly and discuss any necessary amendments or modifications to this Lease. If the parties are
unable to agree on necessary amendments or modifications in order to comply with any laws, then this Lease may
be terminated immediately by either party.
E. Access. During the Term, and any Extension Term, Landlord will provide Tenant free and unrestricted
access for ingress and egress, vehicles, construction materials and equipment, to and from the Tenant’s Conduit
and Facilities within the Ductbank, 24 hours a day, 7 days a week, 365 days a year, so that Tenant may perform
installation, operation, maintenance, replacement, repair or operating improvement and equipment;
F. Landlord shall not permit or suffer any interference with Tenant’s free and unrestricted access and right
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to use Tenant’s Rented Conduit and Facilities within the Ductbank;
G. No litigation or governmental, administrative, or regulatory proceeding is pending, proposed or threatened
with respect to Tenant’s Conduit and Facilities within the Ductbank, including, without limitation, claims of third-
parties; Landlord shall notify if any such future actions are pending;
H. Tenant’s Conduit and Facilities within the Ductbank are free of any asbestos or asbestos-containing
materials and shall remain free throughout the Term and any Extension Term; Landlord shall maintain the
ductbank in accordance to all, local, state and federal codes concerning Hazardous Materials.
ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS,
AND IDEMNIFICATION
A. Required Insurance: Each party shall maintain during the Term of the Lease: Commercial general
liability insurance, with limits of $ 5,000,000 for personal injury, bodily injury or death, and property damage or
destruction (including loss of use thereof), combined single limit for one occurrence, and $2,000,000 in the
aggregate per policy year, with (a) for contractual liability coverage, and (b) inclusion of the other Party as
additional insured. Any additional personal injury, bodily injury or death, and property damage or destruction
above the specified amount shall be the financial responsibility of the Tenant.
B. Certificates and Other Matters: Each Party shall provide the other with certificates evidencing the
coverage required hereunder prior to the commencement Date, or Tenant’s entry to the Ductbank, whichever first
occurs. Tenant shall provide at least ninety days advanced written notice to landlord of any cancelation or non-
renewal of any required coverage that is not replaced. Landlord and Tenant shall provide renewal certificates to
the other prior to expiration of such policies. Except as provided to the contrary herein, any additional insurance
carried by Landlord or Tenant shall be for the sole benefit of the party carrying such insurance. All insurance
required hereunder shall be provided by responsible insurers eligible to do business in the State of Texas and shall
have a general policy holder’s rating of at least A- (A minus) and a financial rating of at least \[VII\] in the then
current edition of Best’s Insurance Reports. Each Party disclaims any representation as to whether the foregoing
coverage will be adequate to protect Tenant.
C.Self-Insurance: The parties to this Lease acknowledge that Tenant may satisfy all requirements of Article
6 by maintaining and providing written evidence to the Landlord of a program of self-insurance as permitted by
the laws of the State of Texas. Any Tenant who declares “Self-Insured” shall be compelled to post a Surety Bond
equal too all capital invested and liquidated damages that may arise from any claim.
D. Landlord’s Liability to Tenant: Landlord’s liability to Tenant, if any, for damages alleged pursuant to
the obligations, terms, and conditions of this Lease, shall not exceed the insurance amounts in Article 6, Section
A, hereto. Nothing contained in this Lease shall waive Landlord’s defenses or immunities under Section 101.001
et seq. of the Texas Civil Practice and Remedies Code or other applicable statutory or common law.
E. Tenant’s Liability to Landlord: Tenant’s liability to Landlord, if any, for damages alleged pursuant to
the obligations, terms, and conditions of this Lease, shall not exceed the insurance amounts in Article 6, Section
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A, hereto. Nothing contained in this Lease shall waive Tenant’s defenses or immunities under the Texas Civil
Practice and Remedies Code or other applicable statutory or common law.
ARTICLE 7: CASUALTY DAMAGE
A. Restoration:
(1) The parties shall promptly notify each other of any damage to the Ductbank by fire, trenching
equipment, or other casualty. If the Ductbank or any of its appurtenances are damaged by fire or
other casualty, Landlord shall use available insurance proceeds to restore the same. Landlord will,
in a reasonable amount of time, make every reasonable attempt to restore the Ductbank to
substantially the same condition as prior to the casualty. Any Third party responsible for damage
shall have action taken in the form of a Claim for materials and service restoration along with
liquidated damages.
(2) Landlord: In case of damage not caused by Tenant or the Tenant’s agents, employees or contractors
to the Ductbank, Landlord will make every reasonable attempt to promptly restore the Ductbank.
Tenant: Tenant or any of their agents, employees, or contractors were the sole cause of the damage,
the Tenant shall pay 100% of the reasonable, actual and direct cost of restoration including but not
limited to straight time labor, overtime labor, materials, material expediting fees, and supervision.
If Landlord does not initiate repairs within one (1) hour and complete such repairs in a timely
manner, Tenant may begin such repairs itself and Landlord agrees to reimburse Tenant the
reasonable cost of all such repairs.
(3) When damage to the Ductbank by casualty has occurred, and when notice and coordination are
practicable, the parties shall coordinate repair and other work operations in emergency situations
involving service disruptions. Disputes will be immediately resolved at the site by the affected
parties present in accordance with the following principles:
a. Emergency service restoration work requirements shall take precedence over other work
operations.
b. Except as otherwise agreed upon by the parties, restoration of lines necessary to alleviate life-
threatening situations shall be given the highest priority. Secondary priority shall be given to
restoring lines for emergency service providers (e.g., 911, fire, police, and national security
and hospital lines). Third priority shall be given to restoring lit fibers of the local service
providers, on a rotating basis. The parties shall exercise good faith in assigning priorities, shall
base their decisions on the best information then available to them at the site in question, and
may, by mutual agreement at the site, take other factors into consideration in assigning
priorities and sequencing service restoration activities.
c. Landlord shall determine the order of precedence of work operations only if the affected parties
present are unable to reach prompt agreement; provided, however, that these decisions shall be
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made by Landlord on a nondiscriminatory basis in accordance with the principles set forth in
this section. Town Manager or designee shall make this decision.
B. Termination of Lease by Landlord: Notwithstanding the foregoing to the contrary, in lieu of performing
the restoration work, Landlord may in the event of a total casualty, elect to terminate this Lease by notifying
Tenant in writing of such termination within thirty (30) days after the date of damage (such termination notice to
include a termination date providing not less than thirty (30) days’ notice to Tenant).
C Termination of Lease by Tenant: Notwithstanding Paragraph B above, Tenant may terminate this Lease
if Tenant is unable to use all or a substantial portion of the leased Ductbank as a result of fire or other casualty
not caused by Tenant or its employees or agents, and (i) such work is estimated to take more than fifteen (15)
days, or (ii) Landlord fails to substantially complete restoration work within thirty (30) days from the date the
casualty occurred. In order to exercise any of the foregoing termination rights, Tenant must send Landlord at
least fifteen (15) days advance notice specifying the basis for termination, and such notice must be given no later
than thirty (30) days following the occurrence of the condition serving as the basis for the termination right
invoked by Tenant Such termination rights shall not be available to Tenant if: (a) Landlord substantially completes
their repairs to the Ductbank within Landlord’s thirty (30) day period to substantially complete restoration to the
damaged portion of the Ductbank, or (b) Landlord permanently provides Tenant with reasonably comparable
alternate ducts within the Ductbank route or an alternate route reasonably acceptable to Tenant.
D. Permits: Landlord shall expedite approval of any required permits due to termination of Lease by either
party provided that Tenant complies with all applicable local, state and federal requirements.
ARTICLE 8: MULTI-DUCT AND CONDUIT
Tenant shall conduct a physical inspection of the Conduit prior to accepting the Conduit and installing its
Facilities. Once Tenant accepts the Conduit, Tenant accepts the Conduit “as-is.” Tenant may install cells, at its
discretion, at no cost to the Landlord, subject to submittal of Tenant’s plans and specifications for written approval
by Landlord.
ARTICLE 9: ASSIGNMENT AND SUBLETTING
A. Transfers: Tenant shall not have the right to assign or sublet this Lease, Tenant shall have the right to
allow third parties the right to transmit signals and/or data over or otherwise use Tenant’s Facilities if approved
by the Landlord. Approval will be determined if Tenant and Landlord agree on existing capacity, financial terms
and space required.
B. With respect to all other transfers or assignments of this Lease, Tenant shall not, without the prior written
consent of Landlord, which consent will not be unreasonably withheld or delayed by Landlord, assign, mortgage,
pledge, hypothecate, encumber, or permit any lien to attach to, or otherwise transfer, this Lease or any interest
hereunder.
C. Tenant shall notify Landlord of any offer of transfer or assignment in writing, which notice shall include:
(a) the effective date of the transfer or assignment, (b) the portion of the Conduit to which the Lease transfer or
assignment applies, (c) the name, address, and background information concerning the proposed Transferee, (d)
an assignment and assumption agreement signed by the Transferee, whereby the Transferee assumes all
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obligations, terms, and conditions of this Lease relating to the assigned Conduit, and (e)the nature of Transferee’s
business and proposed use of the Conduit, if different from the Tenant’s. Any transfer made without complying
with this Article shall, at Landlord’s option, be null, void, and of no effect, or shall constitute a Default under this
Lease.
D.There shall be no additional compensation demanded or authorized by the Landlord for any Transfer or
Assignment of this Lease from either the Tenant or the Transferee that is not specifically addressed in this lease.
E. This should beconsidered an “Exclusive Conduit Lease Agreement” between Landlord and Tenant. Any
Subleasing, trading, sharing etc. must come through the Landlord for permission and compensation.
ARTICLE 10: LANDLORD’S REMEDIES
A. Default: Either party shall be in default hereunder in the event such party has not begun and pursued with
reasonable diligence the cure the breach of this Lease within thirty (30) days of the receipt of written notice from
the other party of the breach.
B. Remedies:
(1) Upon the occurrence of any uncured material event or events of default, whether enumerated in
this paragraph or not, the non-defaulting party shall have the option to pursue any one or more of
the following: (i) terminate this Lease (Tenant’s right of use, entry and possession may be
terminated only by detainer suit, summary proceedings or other lawful means), (ii) perform
whatever obligations the other party is obligated to perform under the terms of this Lease, and to
the defaulting party shall reimburse the other party for any reasonable expenses incurred in
performing the defaulting party’s obligations, (iii) recover any unpaid rent or on a pro-rata basis
any pre-paid rent, as the case may be as of the date use is terminated, (iv) recover any unpaid rent
which thereafter accrues during the Term from the date use is terminated through the time of
judgment (or which may have accrued from the time of any earlier judgment obtained by
Landlord), less any consideration received from replacement tenants, (v) recover any other
reasonable amounts necessary to compensate the non-defaulting party for all damages proximately
caused by defaulting party’s failure to perform its obligations under this Lease, including
reasonable attorney’s fees and costs.
(2) In the event one party terminates the other party’s right of use pursuant to this Article, Tenant
agrees to remove its facilities within ninety (90) days of termination, or as soon as reasonably
practical, if demanded by the Landlord. Should Tenant fail to remove facilities, Landlord may, at
the Tenant’s expense, remove Tenant’s facilities from the Duct bank and receive salvage value or
may desire to leave in place and sell to a third party.
(3) NEITHER PARTY SHALL BE LIABLE TO OTHER FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND LOST REVENUES or
what is defined as Liquidated Damages.
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ARTICLE 11: TENANT’S REMEDIES
A.Default: Landlord shall be in default hereunder in the event Landlord has not begun and pursued with
reasonable diligence the cure of any failure of Landlord to meet its obligations hereunder within thirty (30) days
of the receipt by Landlord of written notice from Tenant of the alleged failure to perform.
B Remedies: Upon the occurrence of any event or events of default by Landlord, whether enumerated in
this paragraph or not, Tenant shall have the option to pursue any one or more of the following: (i) termination of
this Lease; and (ii) exercising all other remedies available to Tenant at law or in equity, including without
limitation, injunctive relief of all varieties. Notwithstanding the foregoing, if (i) Landlord’s default hereunder
creates an emergency or creates conditions which if uncured will impair or impede Tenant’s ability to provide
telecommunications services, and (ii) Landlord has not commenced or does not diligently proceed to cure such
default, then Tenant may, after two (2) business day’s written notice to Landlord, take whatever actions are
necessary to commence curing the default(s), and Landlord agrees to reimburse Tenant for any reasonable
expenses incurred in effecting compliance with Landlord’s obligations, including reasonable attorney’s fees and
costs.
ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION
A. In connection with this Lease, either party may furnish to the other certain information that is marked or
otherwise specifically identified as proprietary or confidential (“Confidential Information”). This Confidential
Information may include, among other things, private easements, licenses, utility agreement Leases, permits, other
right-of-way granting documents, specifications, designs, plans, drawings, data, prototypes, and other technical
and/or business information. For purposes of this Section, the party that discloses Confidential Information is
referred to as the “Disclosing Party” and the party that receives Confidential Information is referred to as the
“Receiving Party”. If the Receiving Party is the Landlord, the Landlord shall fully comply with the Texas Public
Information Act (formerly the “Texas Open Records Act”), including requesting a decision from the Attorney
General regarding the confidentiality of the requested Confidential Information, to protect the release of
confidential or proprietary information, and will promptly notify the Disclosing Party of such request for
disclosure.
B. When Confidential Information is furnished in tangible form, the Disclosing Party shall mark it as
“Proprietary or Confidential”. When Confidential Information is provided orally, the Disclosing Party shall, at
the time of disclosure or promptly thereafter, identify the Confidential Information as being proprietary or
confidential.
C. With respect to Confidential Information disclosed under this Lease, the Receiving Party and its
employees shall:
(1) To the extent allowed by law, hold the Confidential Information in confidence using procedures
no less stringent than those used with respect to its own proprietary, confidential and private
information of a similar nature, subject to the terms of this Lease. For the purpose of this Article
12, Landlord shall comply with any ruling made by the Texas Attorney General pursuant to the
Texas Public Information Act. Landlord shall not be required to take any action beyond this
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section to keep information confidential;
(2) Restrict disclosure of the Confidential Information solely to those of its employees who have a
need to know in connection with the performance of this Lease, and not disclose the Confidential
Information to any other person or entity except as required by law;
(3) Advise those employees of their obligations with respect to the Confidential Information;
(4) Use the Confidential Information only in connection with the performance of this Lease, except as
the Disclosing Party may otherwise agree in writing except as allowed by law;
(5) Promptly notify the Disclosing Party of the request for the Confidential Information
D. Upon written request of the Disclosing Party, the Receiving Party shall return all Confidential Information
received in tangible form, except that each party’s legal counsel may retain one copy in its files solely to provide
a record of such Confidential Information for archival purposes. If the Receiving Party loses or makes an
unauthorized disclosure of Confidential Information, it shall notify the Disclosing Party and use reasonable efforts
to retrieve the Confidential Information.
E. The Receiving Party shall have no obligation to preserve the proprietary nature of Confidential
Information which:
(1) was previously known to the Receiving Party free of any obligation to keep it confidential; or
(2) is or becomes publicly available by means other than unauthorized disclosure; or
(3) is developed by or on behalf of the Receiving Party independently of any Confidential Information
furnished under this Lease; or
(4) is received from a third party whose disclosure does not violate any confidentiality obligation.
F. If the Receiving Party is required to disclose the Disclosing Party’s Confidential Information by an order
or lawful process of a court or governmental body, the Receiving Party shall promptly notify the Disclosing Party,
and shall cooperate with the Disclosing Party in seeking reasonable protective arrangements before the
Confidential Information is produced.
ARTICLE 13: REPRESENTATIONS AND WARRANTIES
A. Each party represents and warrants that: (i) it has full right and authority to enter into, execute, deliver,
and perform its obligations under this Lease; and (ii) its execution of and performance under this Lease shall not
violate any applicable existing regulations, rules, statues or court orders of any local, state or federal governmental
agency, court or body.
B. Landlord further represents and warrants that: (i) it has all rights and authorizations necessary to construct
the Ductbank and to lease Conduit to Tenant; (ii) that it has obtained any and all real property rights necessary to
install the Ductbank and to enter upon the property on which the Ductbank is located, and to permit Tenant to
enter. Landlord shall use best efforts to maintain such rights throughout the Term. If Landlord fails to obtain
and/or cause to remain effective throughout the term of this Lease all required real property rights necessary for
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Tenant’s use of the Ductbank, Tenant may terminate the Lease, without further obligation, by giving the Landlord
thirty (30) days written notice. In the event of such termination,
ARTICLE 14: VENUE AND GOVERNING LAW
This Lease shall be governed by the laws of the State of Texas and any applicable Federal law. This Lease will
be enforceable in Tarrant County, Texas; if legal action is necessary to enforce this Lease, venue will lie in Tarrant
County, Texas, with the U.S. District Court for the Northern District of Texas, or with any regulatory body of
competent jurisdiction; e.g., the Public Utility Commission of Texas, the Federal Communications Commission.
ARTICLE 15: FORCE MAJEURE
Neither Landlord or Tenant, as the case may be, shall be liable or responsible for any damages or delays in
performance due to strikes, riots, (pandemics) acts of God, any act of terror or civil disturbance, shortages of labor
or materials, war, or any other cause whatsoever beyond the control of Landlord or Tenant, as the case may be.
ARTICLE 16: ENTIRE LEASE
This Lease, together with the Attachments and other documents listed in Article 1 (WHICH ARE HEREBY
COLLECTIVELY INCORPORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET
FORTH), contains all the terms and provisions between Landlord and Tenant relating to the matters set forth
herein and no prior or contemporaneous Lease or understanding pertaining to the same shall be of any force or
effect, except for any such contemporaneous written Lease specifically referring to and modifying this Lease and
signed by both parties. TENANT HAS RELIED ON TENANT’S INSPECTIONS AND DUE DILIGENCE IN
ENTERING THIS LEASE, AND NOT ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED
OR IMPLIED, CONCERNING THE CONDITION OR SUITABILITY OF THE DUCTBANK FOR ANY
PARTICULAR PURPOSE OR ANY OTHER MATTER NOT EXPRESSLY CONTAINED HERE. This Lease,
including the Exhibits referred to above, may not be modified, except in writing signed by both parties. Without
limitation as to the generality of the foregoing, Tenant hereby acknowledges and agrees that Landlord’s leasing
agents and field personnel are only authorized to show the Ductbank and potential routes and negotiate terms and
conditions for leases subject to Landlord’s final approval, and are not authorized to make any Leases,
representations, understandings or obligations binding upon Landlord respecting the condition of the Ductbank,
suitability of the same for Tenant’s business, or any other matter, and no such Leases, representations,
understanding or obligations not expressly contained herein or in such contemporaneous Lease shall be of any
force or effect.
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IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first set forth above.
LANDLORD: TOWN OF WESTLAKE, TEXAS
By:_________________________________
Amanda DeGan, Town Manager
TENANT: _______________________________
Michael Geddes-Area Manager Construction & Engineering
Southwestern Bell Telephone Company
d/b/a
AT&T Texas
CERTIFICATE
I, _____________________________________, as__________________
of the aforesaid Tenant, hereby certify that the individual(s) executing the foregoing Lease on behalf of Tenant
was/were duly authorized to act in his/their capacities as set forth above, and his/their actions(s) are the action of
Tenant.
(Corporate Seal) _____________________________
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ATTACHMENT A
Dove and Ottinger Road Route Plans
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ATTACHMENT B
Operations approves of these procedures
DUCTBANK ACCESS PROCEDURES
Town of WestlakeProcedure No.: 5.3 Page:
NOC Procedures DRAFT
Prepared by: Date:
Procedure: Approved:
DUCTBANK ACCESS
Revision Date: Revision:
3.1.1 SCOPE
This procedure defines the means and methods of access the Town’s ductbank system.
3.1. 2 RESPONSIBLITIES
The Landlord or his designee is responsible for establishing, approving, and managing an organization to
operate an access request system and provide escort services during tenant access to the ductbank system
3.1.3 PROCEDURE
3.1.3.1 GENERAL
All access to the ductbank system must be granted through the means of an Access Request. Upon granting of
access to a point in the ductbank system, an authorized representative of the Town must observe tenant access at
all times.
In an emergency situation Tenant, after attempting to notify the Landlord or his designee, is permitted to access
the ductbank in order to begin emergency repairs without an Access Request. The Landlord or his designee will
provide access within one (1) hour of notification by Tenant of the emergency condition.
3.1.3.2 AUTHORIZED ACCESS LIST
The Landlord or his designee is responsible for maintaining an Authorized Access List for Tenants and Tenant’s
subcontractors including emergency contact phone numbers, pager numbers, etc. The Tenant is responsible for
providing up to date information, revisions, and corrections to the Landlord or his designee.
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3.1.3.2. ACCESS REQUEST
Except in an emergency situation, an access request form must be filled out and submitted to the Landlord or his
designee prior to accessing the ductbank system. The access request form shall include the following:
1. Name and Company of requestor.
2. Name of Company representing if requestor is a subcontractor.
3. Authorizing contact for Tenant.
4. Date and time of request.
5. Date and Time access is needed.
6. Reason for access.
7. Traffic control plan where access points are in or near roadways.
8. Where there is Restricted Entry, a safety and emergency plan shall be included.
See Exhibit 3.1.3.-1 - Access Request Form
In an emergency situation only, Tenant shall call the Town of Westlake at (817) 680-1422. This number may
be changed as appropriate by written notice to Tenant.
3.1.2.2. APPROVAL
Once an access request is received by the Landlord or his designee, the Landlord or his designee shall verify the
validity of the access request. This shall only include verifying the requestor against the Authorized Access
List. If the requestor is on the authorized list, the requestor shall be granted access.
If the requestor is not on the authorized Access List, Landlord or his designee shall contact the Tenant’s
representative for written authorization prior to granting access.
In the event of an emergency, if notice by Tenant is practical under the circumstances, the Landlord or his
designee may grant access to non-authorized personnel upon verbal authorization of the Tenant’s emergency
contact.
The Landlord or his designee shall provide access within two (2) hours during normal business hours (8am – 5
pm Monday-Friday, excluding published Landlord holidays) and within one (1) hour during emergency
restoration requirements.
3.1. 3.4 ESCORT
The Tenant’s representative performing work shall be escorted at all times by an authorized representative of
the Town. The Town representative shall be responsible for witnessing that the persons requiring access work
on only the proper media at the access point. The Escort may not in any way inhibit the Tenant’s employee(s)
or contractor(s) from performing work.
3.1.3.5 RESTRICTED ENTRY
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In accordance with State and Federal Occupational and Safety Laws, access to manholes within the system is
considered Restricted Entry. As such, Tenant’s representatives shall follow all State and Federal requirements
for Restricted Entry. The granting of access by the Town also grants restricted access. However, the Town
does not assume responsibility or liability for Tenant’s representatives’ health and welfare. Job safety is the
responsibility of the Tenant’s representative’s health and welfare. Job safety is the responsibility of the
Tenant’s representative. Landlord shall be responsible for maintaining the ductbank in a safe condition as well
as providing a clean and safe work area within the ductbank.
Town personnel are authorized to enter manholes. Town personnel will monitor work in manholes from the
surface. Town personnel are prohibited from performing any maintenance, repair, or other activity to, or
affecting, the Tenant’s facilities within the ductbank.
3.1.3.6 WORK ON CABLES
The Town’s representative shall log all personnel involved, start time, end time and any other information that
may be deemed necessary.
3.1.4 EXHIBITS
3.1.3.-1 Access Request Form
3.1.3.-2 Ductbank Access Observation Form
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Town
Council/Board
of Trustees
Item # 6 – Reports
6. 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.
a. No reports have been scheduled for this meeting.
Town
Council/Board
of Trustees
Items # 7 & 8 – Workshop
Items
WORKSHOP ITEMS ARE FOR DISCUSSION ONLY. NO ACTION MAY BE TAKEN ON
ITEMS LISTED UNDER THIS PORTION OF THE AGENDA, OTHER THAN TO PROVIDE
GENERAL DIRECTION TO STAFF OR TO DIRECT STAFF TO PLACE SUCH ITEMS ON A
FUTURE AGENDA FOR ACTION.
MUNICIPAL SERVICES
a. Amend the Town Ordinance(s) such that the Executive Director of Westlake Academy
is selected by a final approval by the Westlake Academy Board of Trustees. (White
11/15/21)
b. Amend the Town Ordinance(s) such that we require the Superintendent of Westlake
Academy hold a minimum level of credentials as noted below. (White 11/15/21):
1. Hold a Master’s degree or higher in Education.
2. Be enrolled in or have graduated from a Superintendent Certification
Program.
c.Amend the Town Ordinance(s) to separate the positions of Town Manager and
Superintendent. (White 11/15/21)
WESTLAKE ACADEMY
8. PRESENTATION AND DISCUSSION OF WESTLAKE ACADEMY FACILITIES
WHICH INCLUDES THE EXPANSION OF THE SAM & MARGARETE LEE ARTS AND
SCIENCES CENTER AND SPORTS PACKAGE UPGRADES.
Town Council
Item # – Presentation and
Discussion Items
8.PRESENTATION AND DISCUSSION OF WESTLAKE ACADEMY FACILITIES
WHICH INCLUDES THE EXPANSION OF THE SAM & MARGARETE LEE ARTS AND
SCIENCES CENTER AND SPORTS PACKAGE UPGRADES.
TOWN COUNCIL AGENDA ITEM
Workshop - Discussion Item
Monday, February 28, 2022
TOPIC: Presentation and Discussion of Westlake Academy Facilities which
includes the expansion of the Sam & Margarete Lee Arts and Sciences
Center and sports package upgrades.
STAFF: Troy Meyer, Facilities and Public Works Director
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
Exemplary Education - Westlake is
Informed & Engaged Improve Technology,
People, Facilities, & an international educational leader
Citizens / Sense of Facilities &
Technology where each individual's potential is
Community Equipment
maximized.
SUMMARY
The Westlake Academycampus opened in 2003 with 55,000 sq. ft. in three buildings on 21 acres.
The Sam & Margarete Lee Arts and Sciences Center was the first expansion project completed in
2010 which added 8,500 sq. ft. with two labs, one art room, office space and meeting space.
In 2011, three portable buildings (4,200 sq. ft.) with 6 classrooms were added to the campus.
In 2012 Bennett Partners was hired to create a Facilities Master Plan for the Westlake Academy
that would look at growth options within the 24 acres campus and off-site properties. This final
plan was approved by Town Council in December 2012.
In 2013, the Town Council approved the Westlake Academy Expansion Phase One of the approved
master plan which included the Fieldhouse, Secondary Building, and Multi-Purpose Hall. This
Phase One project was completed in 2014 and added 38,000 sq. ft. Also, in 2013 three additional
portables were added to the campus totaling six portable buildings with 12 classrooms and 8,400
sq. ft. The WA Campus Facility Master Plan was discussed as to the possibility of funding an
update to this Plan at the Budget Retreat with Council during preparation of the FY17-18 Budget.
No funding was included in the FY 17-18 Budget to retain professional services to update this six-
year old Plan.
Further discussion was held at the Board of Trustee’s May 7, 2018 workshop. At this May 7th
BOT workshop, staff presented a memorandum which contained recommendations for moving
Page 1 of 4
forward on capital improvement planning.
Representatives from Stantec met with the Town Council at their September 24, 2018 workshop
to share their thoughts on recommended steps to move our process forward as well as services they
provide to clients to that end.
In October of 2018, Town Council approved an agreement with Stantec to move forward with a
Capital Improvement Plan that would include the following:
Define “immediate need” to identify WA capital project(s) that might be recommended to
address that immediate need.
Begin to address medium and long-range projects via a process that considers medium and
long-range facility planning within the context of both reviewing the existing Campus
Facility Master Plan and any effort to re-visit and update that Plan.
Create an intersection and reconciliation of any identified immediate need capital project
with the Campus Facility Plan, either in its current form or as it may be revised through an
update process.
Stantec proposed over $48M in improvements to the campus and structure parking. Due to Stantec
staff turnover and lack of understanding of Town financial goals and enrollment predictions for
primary boundary residents, the Stantec Master Plan recommendations were not approved.
In 2019, Staff hired Bennett Partners, the original architect on the project, to provide architectural
services to complete a facility analysis of the WA Campus which include the following:
Space utilization in all buildings
Future building and sports field locations
Arts & Sciences Center Expansion
Parking
At the June 2021 Town Council retreat, Bennet Partners and Town Staff presented on in depth
analysis of the following:
Growth of Westlake Academy
Facility Analysis by Bennett Partners
Two options for the A&S Expansion
Cost summary- two options for the A& S expansion, three story Secondary School and
PYP addition
Data Review for enrollment by neighborhood and Primary and Secondary Programmers
at the Academy
A brief Vision/Mission review and a presentation on the tenants of an IB Education
At our meeting on Monday, February 28, 2022, the Staff presentation will cover the following
options:
Facility capacity analysis
Options to add to existing buildings
Options to remove and/or replace older portable with classrooms, storage, and flex space
Arts & Science Expansion and the potential impact on portable buildings
Enrollment numbers for students
Page 2 of 4
Sports Package
Updating the Gym and Fieldhouse
Updating sports fields
Funded by donor
Funding sources for these projects include the following:
WA capital improvement fund
A&S restricted fund
Opportunity for the Westlake Academy Foundation to create a capital campaign
Private donors
Bond issuance that would require voter approval
COUNCILACTION/OPTIONS
Provide Staff direction on moving forward with sport package options
Provide Staff direction on a 3-phase donor agreement for the sports package options
o Programming and year to date cost
o Remodeling
o Sport fields
Discussion and direction to Staff on which building options to move to the next steps
o Fund analysis
o Program
STAFF RECOMMENDATION
Staff recommends the two-story A&S expansion with funded sources from the WA capital
improvement fund and the A&S restricted funds. In addition, Staff would recommend that we
partner with the WA Foundation Board to discuss opportunities for a capital campaign to raise
funds for the project.
Staff is also recommending proceeding with a donor agreement to upgrade the Gym Building and
Fieldhouse and sport fields. This would be presented to Town Council for approval in March 2022.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: Funding Source: Contributions/Grants
Contract: No Forms: N/A
Service Levels:
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Town of Westlake: N/A.
Comprehensive Plan: N/A.
Cost Recovery Analysis: N/A.
Page 3 of 4
Traffic Impact: N/A.
ATTACHMENTS
Presentation to be discussed during the meeting.
Page 4 of 4
Town
Council/Board
of Trustees
Item # 9 – Governance/Policy
Action Items
GOVERNANCE/POLICY ACTION ITEMS ARE ITEMS THAT REQUIRE FORMAL
TOWN COUNCIL ACTION (APPROVING ORDINANCES, RESOLUTIONS,
CONTRACTS, PURCHASES, ETC.).
9. CONSIDER APPROVAL OF RESOLUTION 22-10, AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH LOGICAL SOLUTIONS, INC.
TO UPDATE THE WESTLAKE ACADEMY BUILDING AUTOMATION SYSTEM
AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT
TO EXCEED $25,000 ON THIS PROJECT.
10. CONSIDER APPROVAL OF ORDINANCE 945, AUTHORIZING THE ISSUANCE
OF TOWN OF WESTLAKE, TEXAS, GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2022; AWARDING THE SALE THEREOF; LEVYING A TAX,
AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS;
AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT; APPROVING THE OFFICIAL STATEMENT;
ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WESTLAKE ACADEMY
NO ITEMS ARE SCHEDULED FOR THIS MEETING.
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Action Item
Monday, February 28, 2022
TOPIC: Consider a resolution authorizing the Town Manager to execute an
agreement with Logical Solutions, Inc. to update the Westlake Academy
building automation system and authorize the Town Manager to make
funding changes not to exceed $25,000 on this project.
STAFF: Troy Meyer, Facilities and Public Works Director
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
High Quality Planning, Design &
Informed & Engaged Development - We are a desirable Improve Technology,
People, Facilities, &
Citizens / Sense of well planned, high-quality Facilities &
Technology
Community community that is distinguished by Equipment
exemplary design standards.
SUMMARY
The building automation system for the PYP buildings and Gym was installed 2003 by Logical
Solutions, Inc. (LSI). Updates are necessary due to the age of the stat controls in each room and
the modules inside the roof top unit have been discontinued in 2022. This agreement includes
replacement of all the stat controls and modules for the Pods A-D, E-H and the Gym building.
The Fieldhouse, Secondary andMPH building have the updated equipment which was installed
in 2014. The project will start in June of 2022.
Automated Logic products and services for Tarrant County, Texas and the surrounding counties,
are solely represented by Logical Solutions, Inc. of Richardson, Texas. They have the exclusive
right to sell our products within their assigned territory, and they are the sole source for all ALC
products, after sales, service and warranty on ALC products installed in their territory.
This agreement meets the state bid requirements duetoLSI being a sole source provider of the
Automated Logic products and services for Tarrant County, Texas.
This project is funded through the state funding for facility allotment we receive each year. The
agreement amount is $126,920.00 plus a $5,000.00 contingency for a total project budget of
$131,920.00 which will come out of the $160,000.00 current balance of the FY 21-22 facility
allotment. The remaining balance will be put in a reserve fund for facility use.
Page 1 of 2
COUNCILACTION/OPTIONS
Approve Resolution
Delay the Agreement
STAFF RECOMMENDATION
Staff recommends approval of the Town Manager to execute an agreement with Logical
Solutions, Inc. for the upgrade of the building automation system.
FISCAL/SERVICELEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $130,000.00 Funding Source: Contributions/Grants
Contract: Yes Forms: Forms 1295 & 2270
Form 2274
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy: The proposed work will be completed over the summer break and will
insure the HVAC system is running efficiently in PYP and gym buildings.
Comprehensive Plan: No
Cost Recovery Analysis: N/A
Traffic Impact: No impact
ATTACHMENTS
Resolution
Exhibit “A” – Agreement
Exhibit “B” - Sole Source Provider Letter
Page 2 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 22-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AGREEMENT WITH LOGICAL SOLUTIONS, INC. TO
UPDATE THE WESTLAKE ACADEMY BUILDING AUTOMATION SYSTEM AND
AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO
EXCEED $25,000 ON THIS PROJECT.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides
facilities for Town and Academy use; and,
WHEREAS, the building automation system was installed in 2003 in the PYP and Gym
buildings; and,
WHEREAS; the system will run the HVAC systems for the Westlake Academy campus; and,
WHEREAS, the PYP I and II and gym building will receive an stat controls and module
upgrade the HVAC roof top units; and,
WHEREAS, Automated Logic products and services for Tarrant County, Texas and the
surrounding counties, are solely represented by Logical Solutions, Inc. of Richardson, Texas.
They have the exclusive right to sell our products within their assigned territory, and they are
the sole source for all ALC products, after sales service and warranty on ALC products
installed in their territory.; and,
WHEREAS, the service meet the bid requirement for the state of Texas; 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 hereby approves the
agreement with Logical Solutions, Inc. as attached as Exhibit “A” and authorize Town
Manager to make funding changes not to exceed $25,000 on this project., attached as
Exhibit "A".
SECTION 3: If any portion of this Resolution shall, for any reason, be declared
invalid by anycourt of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the Council hereby determines that it would have adopted
Resolution 22-10
Page 1 of 2
this Resolution without the invalid provision.
SECTION4:Thatthisresolution shallbecome effective fromand afteritsdateof
passage.
TH
PASSED AND APPROVED ON THIS DAY 28 OF FEBURARY 2022.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 22-10
Page 2 of 2
LSI HVAC CONTROLS PROPOSAL
PREPARED FOR: PROPOSAL DATE: LIMITING DATE:
Troy Meyer The Town of Westlake 4/19/2021 6/19/2021
PROJECT NAME: PREPARED BY:
Westlake Academy - Dane Martin
Energy Management System Upgrade Logical Solutions, Inc. (469) 265-1608
dmartin@lsicontrols.com
DDC PROPOSAL
Logical Solutions, Inc. proposes to furnish labor, equipment, and materials to upgrade the existing Web
Based Building Automation System for the above referenced project. The proposal is based on the
.
Free training and on-line technical support for the life of the DDC system included. Monthly training
classes held at our facility in Richardson, TX. Remote connection access required for on-line support.
PRICING
The below pricing excludes all tax. Payment terms: Net 30 days; Progress payments
Pods A-D: $ 55,175.00
Pods E,F & H: $ 41,405.00
Pod G: $ 30,340.00
Scope of Work Total: $126,920.00
Thank you for your consideration of Logical Solutions, Inc. (Automated Logic) for this project. We look forward to
working with you and your team. Please feel free to contact me anytime with questions.
APPROVAL AND AUTHORITY TO PROCEED
We approve the project as described above and authorize the team to proceed.
NAME SIGNATURE TITLE DATE
Confidential Page 1 of 4
SCOPE OF WORK:
LSi to provide and install all new current generation hardware to replace the existing obsolete
hardware from 2003 on the following equipment:
Pods A-D:
o(3) Roof Top Units (Controller: S6104 SE6104SP & Stat: RS Sensor ZS2 Sensor w/slide, no display)
o(24) Fan Powered Terminal Units (Controller: U341 ZN341A Stat: RS Sensor ZS2 Sensor w/slide, no display)
o(1) Exiting M16160 with MX440 Expander Module with the following equipment will be replaced with a
new OF1628:
(2) Exhaust Fans
(3) Unit Heaters
(12 Lighting Zones
Pods E,F & H:
o(2) Roof Top Units (Controller: S6104 SE6104SP & Stat: RS Sensor ZS2 Sensor w/slide, no display)
o(14) Fan Powered Terminal Units (Controller: U341 ZN341A Stat: RS Sensor ZS2 Sensor w/slide, no display)
o(1) Fire Panel (Simplex BACpack New BACnet card or pick up dry contacts)
o(1) Exiting M16160 Module with the following equipment will be replaced with a new OF1628:
(4) Exhaust Fans
(2) Unit Heaters
(3) Lighting Zones
Pod G:
o(3) CV DX Split Systems Gym Units (Controller: U551 ZN551 & Stat: RS Sensor ZS2P-temp/humidity sensor
w/slide, no display)
o(2) Humidifiers (U220 ZN220)
o(1) Exiting M8102 with MX800 Expander Module with the following equipment will be replaced with a
new OF1628:
(1) Boiler Control Panel
(2) HW Boilers
(2) HW Pumps
(3) Exhaust Fans
(9) Lighting Zones
(1) Outside Air Temp/Humidity Sensor LSI to replace the existing sensor with a new sensor.
*Includes all new programs and graphics where applicable.
**All equipment and associated end devices will be inspected during installation. LSi will generate a
defienciey list if any existing, reused end devices or instrumentation is found to be faulty.
Repair/replacement of items on this list will be done with prior approval from The Town of
Westlake.**
Confidential Page 2 of 4
PROVISIONS & INCLUSIONS
All items provided and installed by LSi will have a 1-year parts and labor warranty.
Includes free online and phone support during the (1) year warranty period.
Any and all EMS points shall be capable of Alarming Actions. Owner/owner representative shall
provide direction for alarming actions/routing.
120V power to LSi enclosures to be provided by others.
Includes fire rated plenum wire where required.
Customer to provide required Static IP Addresses and network drops
COORDINATION ITEMS & EXCLUSIONS
Excludes any and all work at any campus other than Westlake Academy.
Additional equipment or control not listed above will be added under a change order contract.
Pricing is based on all work being performed during normal hours.
All existing Terminal Units are assumed to have exposed damper shafts for external mounting of
our new actuator control modules. Any additional required modifications to the terminal units
(duct modifications, shaft extensions, etc.) will be added as a change order to this proposal.
Thermostat Conduit Stub-ups in vertical walls are excluded in this proposal.
Pricing assumes all existing mechanical equipment is in proper working order
Excludes provision and installation of louvers, dampers, and valves.
Excludes any work associated with Fire/Life Safety system
Excludes any liquidated or consequential damages.
Excludes any permits of fee associated with this contract.
Excludes any water or air balancing.
TERMS AND CONDITIONS OF SALE
Confidential Page 3 of 4
1.Parties.
described on the front hereof, regardless of type, including materials delivered to the job site or to an off-site facility and for all work performed onsite and off-site
2. Acceptance of Purchase Orders. Quotations furnished by Seller do not constitute an offer to sell. Quotations are based upon straight-time labor. Any requests by the Buyer for overtime
work shall be considered an extra. This
proposal expires 60 days after its date, unless otherwise provide by Seller. No written or oral order of Buyer shall become a binding obligation of Seller unless and until Seller has
issued its order confirmation as provided herein. Seller
Sales of Products hereunder are subject to and include the Terms and Conditions of Sale set forth herein and are expressly co
assent to any Terms and Conditions of Sale herein which are additional to or different from any terms or conditions of sale contained in any order submitted by Buyer. Without limiting
the generality of the foregoing, no
acknowledgment by Seller of or reference by Seller to or performance by Seller under any order submitted by Buyer shall be deemed to be an acceptance by Seller of any terms or conditions
contained in such order which are
additional to or contrary to the Terms and Conditions of Sale contained herein.
3. Order Cancellations. Seller reserves to its sole judgment and discretion when and under what circumstances it will approve any order changes and/or cancellations. If cancellations
are accepted, a cancellation charge
urrent cancellation policy.
4. Prices and Payment.
(aging. Prices do not include applicable sales, use, excise, ad valorem and similar taxes. All such taxes will
(b) Seller reserves the right to invoice Buyer monthly for the Products. Engineering, drafting and other mobilization costs incurred prior to installation shall be included in Sellers
initial invoice and be equal to 25% of the contract
price. Unless otherwise provided on the front hereof, the purchase price for Products sold hereunder shall be due and payable in the full invoice amount in U.S. dollars within 30 days
from the date of invoice; provided, however,
that Seller reserves the right in its sole discretion to cancel or change credit terms and to request advance payment at any time. Any check or remittance received from or for the account
of Buyer may be accepted and applied
by Seller against any indebtedness or obligation owing by Buyer to Seller, without prejudice to and without discharging the remainder of any such indebtedness or obligation, regardless
of any condition, provision, statement,
legend or notation appearing on, referring to, or accompanying such check or remittance.
(c) Any amounts payable to Seller hereunder which are not paid when due shall thereafter bear interest at the rate of eighteen percent (18%) per month or the maximum amount permitted
by applicable law, whichever is less.
Time is of the essence of all payments due hereunder, and if any payment due Seller is collected at law, or through an attorney-at-law or under advice therefrom, or through a collection
agency, Buyer agrees to pay all costs of
collectio
(d) Upon the failure of Buyer to make any payment when due hereunder, or in the event of default, breach or repudiation by Buyer of any obligation to Seller, whether contained herein
or otherwise, or if Buyer becomes
insolvent, calls a meeting of its creditors, or if any bankruptcy, insolvency, reorganization or arrangement proceeding is commenced by or against Buyer, Seller shall have (in addition
to all rights and remedies Seller may have at
law or in equity) the option to: (i) cancel this and any other transaction with Buyer; (ii) defer any deliveries to Buyer; or (iii) declare the full purchase price of all Products sold
hereunder immediately due and payable.
(e) If Seller agrees to vary or relax the method or terms of payment with respect to any order placed by Buyer, such variance or relaxation shal
order to require payment in accordance with the terms specified herein.
1. Security Interest. To secure Buyeeof, until all payments with respect to the Products have been
received by Seller. Buyer agrees upon request by Seller to perfect and maintain the security interest reserved
herein. Buyer hereby constitutes and irrevocably appoints Seller as its agent and attorney-in-fact for the purpose of executing any and all financing statements, notice and other documents
that may be necessary from time to
time for Seller to perfect and maintain the security interest reserved herein.
2. Delivery and Risk. rees to make arrangements, for and on behalf of Buyer, for the carriage and insurance
of the Products to the address shown on the front side hereof, by such means and carrier as determined by Seller unless otherwise designated by Buyer in writing. In all cases Buyer
shall reimburse Seller for any additional costs
or charges for express delivery or similar shipment. Unless otherwise provided on the front hereof, any arrangements and expenses incurred by Seller for carriage and insurance of Products
shall be for the account of Buyer,
shall be billed to Buyer and shall be due and payable together with the purchase price for the Products. Seller may ship Products in partial shipments and Seller reserves the right
to invoice for partial shipments. Buyer
acknowledges that the delivery date shown on the front hereof is its requested delivery date. Seller shall use reasonable efforts to arrange shipment of Products in accordance with
any delivery dates set forth on the front side
hereof, but such delivery dates are not guaranteed.
3. Deferred Deliveries. If Seller defers deliveriwith such deferred deliveries including, without limitation,
demurrage, handling, storage, insurance and similar charges. Transfer to storage shall be considered delivery for all purposes hereunder, including invoicing and payment, and during
such storage Buyer shall bear all risks of loss
or damage to Products in accordance with the terms of paragraph 6.
4. Limited Warranty. Seller warrants that the Products sold hereunder shall be free from defects in workmanship and material for a period of one year from the date of delivery. In
the event that any Product (or component
th
shall bear costs of transporting the replacement Product (or component). Under no circumstances may Buyer return any Product or component to Seller without prior written permission
from Seller. EXCEPT AS EXPRESSLY
PROVIDED IN THIS PARAGRAPH, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY
WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND SELLER HEREBY DISCLAIMS THE SAME.
5. Exclusions. The warranty provided by Seller shall not apply to any damage or failure of any Products resulting from accident, fire, misuse (including, without limitation, any use
not in accordan
specifications for the Products), improper installation, improper storage, modifications, alterations, tampering or failure to properly maintain the Products. Buyer shall be responsible
for ensuring that the Products meet its
specific requirements, and Seller shall have no responsibility in connection therewith.
6. Limitation of Liability. ct
liability) for lost profits or revenues, loss of use or similar economic loss, or for any indirect, special, incidental, consequential or similar damages arising out of or in connection
with the sale, delivery, non-delivery, servicing, use,
maintenance, loading, unloading, installation, condition, ownership, possession, operation, selection, transportation, maintenance or return of any of the Products, or for any claim
made against Buyer by any other Person, even
yer exceed the purchase price of the Products in respect of which such claim is made.
7. . defective in material or workmanship shall be limited exclusively to the right of repair or replacement of such defective equipment. IN NO EVENT
SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL OR FOR ANY EXPENSES
INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL.
12. Force Majeure. Seller shall not be liable for any default or delay in the performance of any of its obligations hereunder if such default or delay is caused, directly or indirectly,
by fire, flood, earthquake, the elements, or
other such occurrences; labor disputes, strikes or lockouts; wars (declared or undeclared), rebellions or revolutions in any country; riots or civil disorder; terrorist attacks; accidents
or unavoidable casualties; interruptions of
transportation or communications facilities or delays in transit or communication; supply shortages or the failure of any party to perform any commitment to Seller relative to the production
or delivery of any equipment or
material required by Seller to perform its obligations hereunder; laws, rulings, regulations, decisions or requirements, whether valid, invalid, formal or informal, of any government,
tribunal or governmental agency, board or
l. Seller shall notify Buyer of the happening of any such contingency within a reasonable period of time. If
due to an excusable delay, performance cannot be completed within the original period for performance, the period for performance shall be extended for a reasonable period of time to
allow for completion of performance.
13. Miscellaneous.
(f) Limitations on Assignment. Buyer shall not assign all or any portion of its rights hereunder, or delegate or subcontract all or any portion of its obligations hereunder, without
the prior written consent of Seller.
(g) Waiver. No failure on the part of Seller to exercise, and no delay by Seller in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right, power or
remedy by Seller preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No express waiver or assent by Seller to any breach of or default
in any term or condition of this Agreement
shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
(h) Governing Law. This document and all amendments, modifications, alterations or supplements hereto, and all rights of the parties hereunder shall be governed by and construed and
enforced in accordance with the laws of
the State of Texas, without regard to its principles of conflicts of law.
(i) Headings. The headings describing the contents of particular paragraphs are inserted only for convenience and shall not be construed as a part hereof or as a limitation on or enlargement
of the scope of any of the terms or
provisions contained herein.
(j) Entire Agreement. These Terms and Conditions supersede all prior discussions and agreements between the parties with respect to the subject matter hereof, and contains the sole
and entire agreement between the
parties with respect to the matters covered hereby. By way of illustration and not by way of limitation, all orders submitted by Buyer shall be deemed to incorporate without exception
all of the Terms and Conditions of Sale
contained herein notwithstanding any additional or contrary terms and conditions contained therein. Unless Seller shall expressly advise Buyer to the contrary in writing apart from
the provisions of such order, no
acknowledgment by Seller of or reference by Seller to or performance by Seller under any such order form shall be deemed to be an acceptance by Seller of any terms or conditions contained
therein which are additional to or
contrary to the Terms and Conditions of Sale contained herein. The Terms and Condition of Sale cont
officers.
Confidential Page 4 of 4
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Action Item
Monday, February 28, 2022
TOPIC: Consider an ordinance authorizing the issuance of Town of
Westlake, Texas, General Obligation Refunding Bonds, Series
2022; awarding the sale thereof; levying a tax, and providing for the
security for and payment of said bonds; authorizing the execution
and delivery of a paying agent/registrar agreement; approving the
official statement; enacting other provisions relating to the subject;
and declaring an effective date.
STAFF: Ginger Awtry, Finance Director
STRATEGIC ALIGNMENT
Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective
High Quality Planning, Design &
Increase
Development - We are a desirable
Transparent / Integrity-Municipal & Transparency,
well planned, high-quality
driven Government Academic Operations Accessibility &
community that is distinguished by
Communications
exemplary design standards.
SUMMARY
As you will recall, Town staff presented the proposeda General Obligation Refunding
Bond issuance during the June 17, 2021 Town Council Budget Retreat and at the August 23, 2021
Regular Town Council meeting, for the purpose of refunding or defeasing a reimbursement
obligation to Hillwood currently paid from the Utility Fund that is related to the construction of
the Town’s pumpstation and transmission water main facilities. An Amendment to the Original
Reimbursement Agreement was executed to allow for other Economic Development discussions.
The Amendment provided a Final Payment Date of December 20, 2021 with a 90-day grace period.
The Reimbursement Agreement with Hillwood needs to be paid in full by March 20, 2022 pursuant
to the term of the amendment to the Reimbursement Agreement.
Prior to issuing debt, the Town’s credit is rated by Standard & Poors. S&P Global Ratings
assigned its 'AAA' rating to Westlake, Texas' proposed series 2021 general obligation (GO)
refunding bonds. At the same time, S&P Global Ratings has affirmed the ‘AAA’ rating on
Page 1 of 2
Westlake’s outstanding debt. The outlook on all ratings is stable. The S&P rating document
(attached) states: The rating reflects our opinion of the town's:
• Very strong economy, with access to a broad and diverse metropolitan statistical
area (MSA);
• Strong management, with good financial policies and practices under our
Financial Management Assessment (FMA) methodology;
• Strong budgetary performance, closing with operating surpluses in the general
fund and at the total governmental fund level in fiscal 2020;
• Very strong budgetary flexibility, with a high available fund balance in fiscal 2020
of 166% of operating expenditures;
• Very strong liquidity, with total government available cash at 100.6% of total
governmental fund expenditures and 8.0x governmental debt service, and access
to external liquidity we consider strong;
• Very weak debt and contingent liability profile, with debt service carrying charges
at 11.78% of expenditures and net direct debt that is 188% of total governmental
fund revenue; and
• Strong institutional framework score.
The proposed Ordinance will authorize the sale of General Obligation Refunding Bonds
and will not require an increase to the ad valorem rate. The Town intends for this issuance to be
fully self- supporting from utility revenues, and as such, net direct debt would remain unchanged
and be 125% of total governmental fund revenue.
COUNCILACTION/OPTIONS
Approve proposed Ordinance for the GO Refunding Bonds
Reject proposed Ordinance for the GO Refunding Bonds
STAFF RECOMMENDATION
Approval of proposed Ordinance for the GO Refunding Bonds
FISCAL/SERVICELEVELIMPACTTOCOMMUNITY
Project Cost/Funding Amount: $ 15,070,000 Funding Source: Utility Fund
Contract: No Forms: N/A
DEVELOPMENT/MOBILITYIMPACTTO COMMUNITY
Westlake Academy: N/A
Comprehensive Plan: N/A.
Cost Recovery Analysis: N/A
Traffic Impact: N/A
ATTACHMENTS
Ordinance
S&P Rating
Page 2 of 2
I
ORDINANCE 945
relating to
$________________
TOWN OF WESTLAKE, TEXAS
GENERAL OBLIGATION REFUNDING BONDS
SERIES 2022
Adopted: February 28, 2022
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01. Definitions ........................................................................................................ 6
Section 1.02. Findings ........................................................................................................... 8
Section 1.03. Table of Contents, Titles, and Headings ............................................................. 8
Section 1.04. Interpretation .................................................................................................... 9
ARTICLE II
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
Section 2.01. Payment of the Bonds ....................................................................................... 9
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
Section 3.01. Authorization .................................................................................................. 10
Section 3.02. Date, Denomination, Maturities, and Interest ................................................... 10
Section 3.03. Medium, Method, and Place of Payment .......................................................... 11
Section 3.04. Execution and Registration of Bonds ............................................................... 12
Section 3.05. Ownership ...................................................................................................... 13
Section 3.06. Registration, Transfer, and Exchange............................................................... 13
Section 3.07. Cancellation.................................................................................................... 14
Section 3.08. Temporary Bonds ........................................................................................... 14
Section 3.09. Replacement Bonds......................................................................................... 14
Section 3.10. Book-Entry-Only System ................................................................................ 15
Section 3.11. Successor Securities Depository; Transfer Outside Book-Entry-Only System.... 16
Section 3.12. Payments to Cede & Co .................................................................................. 16
ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
Section 4.01. Limitation on Redemption ............................................................................... 17
Section 4.02. Optional Redemption ...................................................................................... 17
Section 4.03. Reserved......................................................................................................... 17
Section 4.04. Partial Redemption.......................................................................................... 17
Section 4.05.Notice of Redemption to Owners ..................................................................... 17
Section 4.06. Payment Upon Redemption .............................................................................18
Section 4.07. Effect of Redemption ...................................................................................... 18
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Section 4.08. Conditional Notice of Redemption................................................................... 18
Section 4.09. Lapse of Payment............................................................................................ 19
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paying Agent/Registrar................................................. 19
Section 5.02. Qualifications ................................................................................................. 19
Section 5.03. Maintaining Paying Agent/Registrar ................................................................ 19
Section 5.04. Termination .................................................................................................... 20
Section 5.05. Notice of Change to Owners............................................................................ 20
Section 5.06. Agreement to Perform Duties and Functions .................................................... 20
Section 5.07. Delivery of Records to Successor .................................................................... 20
ARTICLE VI
FORM OF THE BONDS
Section 6.01. Form Generally ............................................................................................... 20
Section 6.02. Form of the Bonds .......................................................................................... 21
Section 6.03. CUSIP Registration......................................................................................... 26
Section 6.04. Legal Opinion ................................................................................................. 26
Section 6.05. Statement Insurance ........................................................................................ 26
ARTICLE VII
SALE AND DELIVERY OF BONDS;
DEPOSIT OF PROCEEDS; FLOW OF FUNDS
Section 7.01. Sale of Bonds; Official Statement .................................................................... 26
Section 7.02. Control and Delivery of Bonds ........................................................................ 27
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Creation of Funds............................................................................................ 28
Section 8.02. Interest and Sinking Fund ................................................................................ 28
Section 8.03. Security of Funds ............................................................................................ 28
Section 8.04. Deposit of Proceeds ........................................................................................ 28
Section 8.05. Investments..................................................................................................... 29
Section 8.06. Investment Income .......................................................................................... 29
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ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of the Bonds ..................................................................................... 29
Section 9.02. Other Representations and Covenants .............................................................. 29
Section 9.03. Federal Income Tax Matters ............................................................................ 30
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01. Events of Default ............................................................................................ 31
Section 10.02. Remedies for Default ...................................................................................... 31
Section 10.03. Remedies Not Exclusive.................................................................................. 31
ARTICLE XI
DISCHARGE
Section 11.01. Discharge ....................................................................................................... 32
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.01. Annual Reports ............................................................................................... 32
Section 12.02. Material Event Notices .................................................................................... 33
Section 12.03. Limitations, Disclaimers and Amendments ...................................................... 34
ARTICLE XIII
AMENDMENTS
Section 13.01. Amendments................................................................................................... 35
ARTICLE XIV
MISCELLANEOUS
Section 14.01. Changes to Ordinance ..................................................................................... 36
Section 14.02. Partial Invalidity ............................................................................................. 36
Section 14.03. No Personal Liability ...................................................................................... 36
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ARTICLE XV
REDEMPTION OF REFUNDED OBLIGATIONS
Section 15.01. Payment of Reimbursement Obligation ............................................................ 36
ARTICLE XVI
EFFECTIVENESS
Section 16.01. Effectiveness .................................................................................................. 36
Schedule of Refunded Obligations ………………………………………………………Schedule
I
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AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN
OF WESTLAKE, TEXAS, GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2022 IN THE AGGREGATE
PRINCIPAL AMOUNT OF $________________; AWARDING
THE SALE THEREOF; LEVYING A TAX, AND PROVIDING
FOR THE SECURITY FOR AND PAYMENT OF SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY
OF A PAYING AGENT/REGISTRAR AGREEMENT AND A
DEPOSIT AGREEMENT; APPROVING THE OFFICIAL
STATEMENT; ENACTING OTHER PROVISIONS RELATING
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE
WHEREAS, the Town entered into a Agreement for the Design, Construction and
Purchase of Infrastructure dated May 16, 2000 (the “Agreement”) with the Developer (defined
herein), which obligated the Town to reimburse, with interest, the cost of certain water and
wastewater infrastructure constructed by a developer within the Town (“Infrastructure”); and
WHEREAS, the water and wastewater infrastructure was constructed pursuant to Town
requirements and was accepted by the Town and placed in operation; and
WHEREAS, pursuant to the terms of the Agreement, the Town now owes the developer
the total reimbursement obligation as set forth in Schedule I attached hereto (the
“Reimbursement Obligation”); and
WHEREAS, such total amount due pursuant to the Agreement has been certified and
agreed to by the developer; and
WHEREAS, Chapter 1207 authorizes the Town to issue bonds for the purpose of
refunding a special obligation of the Town and such refunding bonds may be secured by any
revenues of the Town that the Town is authorized to pledge to bonds; and
WHEREAS, the Town’s obligation to pay the developer pursuant to the Agreement is a
special obligation of the type described in Chapter 1207; and
WHEREAS, pursuant to Chapter 1331 Texas Government Code, the Town is authorized
to pledge its ad valorem tax revenues to bonds issued for permanent public improvement
including the Infrastructure; and
WHEREAS, upon the issuance of the refunding bonds herein authorized and the deposit
of funds referred to above, the Reimbursement Obligation shall no longer be regarded as being
outstanding, except for the purpose of being paid pursuant to such deposit, and the pledges, liens,
trusts and all other covenants, provisions, terms and conditions of the Agreement shall be, with
respect to the Refunded Obligations, discharged and terminated; and
WHEREAS, the Town Council hereby finds and determines that it is not practicable to
estimate the savings achieved by the refunded of the Reimbursement Obligation contemplated in
this Ordinance, but that such refunding will benefit the Town by restructuring the
Reimbursement Obligation to lower the overall debt service requirements of the Town and that
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such benefit is sufficient consideration for the refunding of the Reimbursement Obligation and is
in the best interests of the Town; and
WHEREAS, the Town Council of the Town hereby finds and determines that the
issuance and delivery of the bonds hereinafter authorized is in the public interest and the use of
the proceeds in the manner herein specified constitutes a valid public purpose; and
WHEREAS, the Town Council has found and determined that it is necessary and in the
best interests of the Town and its citizens that it issue such bonds authorized by this Ordinance;
and
WHEREAS, the meeting at which this Ordinance is considered is open to the public as
required by law, and public notice of the time, place, and purpose of said meeting was given as
required by Chapter 551, Texas Government Code, as amended; therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, THAT:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01. Definitions.
Unless otherwise expressly provided or unless the context clearly requires otherwise in
this Ordinance, the following terms shall have the meanings specified below:
“Bond”means any of the Bonds.
“Bonds” means the bonds authorized to be issued by Section 3.01 of this Ordinance and
designated as “Town of Westlake, Texas, General Obligation Refunding Bonds, Series 2022.
“Business Day” means a day that is not a Saturday, Sunday, legal holiday or other day on
which banking institutions in the city where the Designated Payment/Transfer Office is located
are required or authorized by law or executive order to close.
“Closing Date” means the date of the initial delivery of and payment for the Bonds.
“Code” means the Internal Revenue Code of 1986, as amended, and, with respect to a
specific section thereof, such reference shall be deemed to include (a) the Regulations
promulgated under such section, (b) any successor provision of similar import hereafter enacted,
(c) any corresponding provision of any subsequent Internal Revenue Code, and (d) the
Regulations promulgated under the provisions described in (b) and (c).
“Delivery Date” means the date of delivery of the Bonds to the Purchasers and designated
as the initial date of the Bonds by Section 3.02(a) of this Ordinance.
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“Designated Payment/Transfer Office” means (i) with respect to the initial Paying
Agent/Registrar named herein, its office in Dallas, Texas, or at such other location designated by
the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the
office of such successor designated and located as may be agreed upon by the Town and such
successor.
“Developer” means Hillwood Services, L.P., its successors and assigns.
“DTC” means The Depository Trust Company of New York, New York, or any
successor securities depository.
“DTC Participant” means brokers and dealers, banks, trust companies, clearing
corporations and certain other organizations on whose behalf DTC was created to hold securities
to facilitate the clearance and settlement of securities transactions among DTC Participants.
“EMMA” means the Electronic Municipal Market Access System.
“Event of Default” means any event of default as defined in Section 10.01 of this
Ordinance.
“Financial Obligation” means a (a) debt obligation; (b) derivative instrument entered into
in connection with, or pledged as security or a source of payment for, an existing or planned debt
obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that
“financial obligation” shall not include municipal securities (as defined in the Securities
Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule)
has been provided to the MSRB consistent with the Rule.
“Fiscal Year” means such fiscal year as shall from time to time be set by the City
Council.
“Initial Bond” means the initial bond authorized by Section 3.04(d) of this Ordinance.
“Interest and Sinking Fund” means the interest and sinking fund established by
Section 2.02 of this Ordinance.
“Interest Payment Date” means the date or dates upon which interest on the Bonds is
scheduled to be paid until their respective dates of maturity or prior redemption, such dates being
February 15 and August 15 of each year commencing February 15, 2022.
“MSRB” means the Municipal Securities Rulemaking Board.
“Ordinance” means this Ordinance.
“Owner” means the person who is the registered owner of a Bond or Bonds, as shown in
the Register.
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“Paying Agent/Registrar” means initially U.S. Bank, N.A., Dallas, Texas, or any
successor thereto as provided in this Ordinance.
“Purchaser(s)” means the initial purchaser(s) of the Bonds as set forth in Section 7.01.
“Record Date” means the last Business Day of the month next preceding an Interest
Payment Date.
“Reimbursement Obligation” means all amounts owed by the Town pursuant to that
certain Agreement for the Design, Construction and Purchase of Infrastructure dated May 16,
2000.
“Register” means the Register specified in Section 3.06(a) of this Ordinance.
“Regulations” means the applicable proposed, temporary or final Treasury Regulations
promulgated under the Code or, to the extent applicable to the Code, under the Internal Revenue
Code of 1954, as such regulations may be amended or supplemented from time to time.
“Representations Letter” means the Blanket Letter of Representations between the Town
and DTC.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
“Special Payment Date” means the Special Payment Date prescribed by Section 3.03(b).
“Special Record Date” means the Special Record Date prescribed by Section 3.03(b).
“Town” means the Town of Westlake, Texas.
“Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the
payment of principal of, redemption premium, if any, or interest on the Bonds as the same come
due and payable or money set aside for the payment of Bonds duly called for redemption prior to
maturity.
Section 1.02. Findings.
The declarations, determinations, and findings declared, made, and found in the preamble
to this Ordinance are hereby adopted, restated, and made a part of the operative provisions
hereof.
Section 1.03. Table of Contents, Titles, and Headings.
The table of contents, titles, and headings of the Articles and Sections of this Ordinance
have been inserted for convenience of reference only and are not to be considered a part hereof
and shall not in any way modify or restrict any of the terms or provisions hereof and shall never
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be considered or given any effect in construing this Ordinance or any provision hereof or in
ascertaining intent, if any question of intent should arise.
Section 1.04.Interpretation.
(a) Unless the context requires otherwise, words of the masculine gender shall be
construed to include correlative words of the feminine and neuter genders and vice versa, and
words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
(b) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein.
ARTICLE II
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
Section 2.01. Payment of the Bonds.
(a) Pursuant to the authority granted by the Texas Constitution and laws of the State
of Texas, there shall be levied and there is hereby levied for the current year and for each
succeeding year thereafter while any of the Bonds or any interest thereon is outstanding and
unpaid, an ad valorem tax on each onehundred dollars valuation of taxable property within the
Town, at a rate sufficient, within the limit prescribed by law, to pay the debt service
requirements of the Bonds, being (i) the interest on the Bonds, and (ii) a sinking fund for their
redemption at maturity or a sinking fund of two percent per annum (whichever amount is the
greater), when due and payable, full allowance being made for delinquencies and costs of
collection.
(b) The ad valorem tax thus levied shall be assessed and collected each year against
all property appearing on the tax rolls of the Town most recently approved in accordance with
law, and the money thus collected shall be deposited as collected to the Interest and Sinking
Fund.
(c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or
required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and
committed irrevocably to the payment of the principal of and interest on the Bonds when and as
due and payable in accordance with their terms and this Ordinance.
(d) If the liens and provisions of this Ordinance shall be released in a manner
permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or
appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking
Fund may be suspended or appropriately reduced, as the facts may permit. In determining the
aggregate principal amount of outstanding Bonds, there shall be subtracted the amount of any
Bonds that have been duly called for redemption and for which money has been deposited with
the Paying Agent/Registrar for such redemption.
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ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
Section 3.01. Authorization.
The Town’s bonds to be designated “Town of Westlake, Texas, General Obligation
Refunding Bonds, Series 2022” (the “Bonds”), are hereby authorized to be issued and delivered
in accordance with the Constitution and laws of the State of Texas, specifically Chapter 1207,
Texas Government Code, as amended. The Bonds shall be issued in the aggregate principal
amount of $________________ to provide funds to (i) refund the Reimbursement Obligation and
(ii) pay of the costs of issuance of the Bonds.
Section 3.02.Date, Denomination, Maturities, and Interest.
(a) The Bonds shall be dated February 15, 2022. TheBonds shall be in fully
registered form, without coupons, in the denomination of $5,000 or any integral multiple thereof
and shall be numbered separately from one upward, except the Initial Bond, which shall be
numbered T-1.
(b) The Bonds shall mature on February 15 in the years and in the principal amounts
set forth in the following schedule:
(c) Interest shall accrue and be paid on each Bond respectively until its maturity or
Principal Principal
Years Amount Interest Rate Years Amount Interest Rate
2/15/2023 2/15/2037
2/15/2024 2/15/2038
2/15/2025 2/15/2039
2/15/2026 2/15/2040
2/15/2027 2/15/2041
2/15/2028 2/15/2042
2/15/2029 2/15/2043
2/15/2030 2/15/2044
2/15/2032 2/15/2045
2/15/2033 2/15/2046
2/15/2034 2/15/2047
2/15/2036
prior redemption from the later of the date of delivery of the Bonds to the Purchaser (the
“Delivery Date”) or the most recent interest payment date to which interest has been paid or
provided for at the rates per annum for each maturity specified in the schedule contained in
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subsection (b) above. Such interest shall be payable semiannually on February 15 and August 15
of each year commencing August 15, 2022 and shall be computed on the basis of a 360-day year
of twelve 30-day months.
Section 3.03. Medium, Method, and Place of Payment.
(a) The principal of, redemption premium, if any,and interest on the Bonds shall be
paid in lawful money of the United States of America.
(b) Interest on the Bonds shall be payable to the Owners as shown in the Register at
the close of business on the Record Date; provided, however, in the event of nonpayment of
interest on a scheduled Interest Payment Date and for 30 days thereafter, a new record date for
such interest payment (a “Special Record Date”) shall be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
Town. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall
be sent at least five Business Days prior to the Special Record Date by United States mail, first
class, postage prepaid, to the address of each Owner of a Bond appearing on the Register at the
close of business on the last Business Day next preceding the date of mailing of such notice.
(c) Interest shall be paid by check, dated as of and mailed on the Interest Payment
Date, and sent by the Paying Agent/Registrar to each Owner, first class United States mail,
postage prepaid, to the address of each Owner as it appears in the Register, or by such other
customary banking arrangement acceptable to the Paying Agent/Registrar and the Owner;
provided, however, that the Owner shall bear all risk and expense of such alternative banking
arrangement. At the option of an Owner of at least $1,000,000 principal amount of the Bonds,
interest may be paid by wire transfer to the bank account of such Owner on file with the Paying
Agent/Registrar.
(d) The principal of each Bond shall be paid to the Owner thereof on the due date,
whether at the maturity date or the date of prior redemption thereof upon presentation and
surrender of such Bond at the Designated Payment/Transfer Office of the Paying
Agent/Registrar.
(e) If the date for the payment of the principal of or interest on the Bonds shall be a
Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the
Designated Payment/Transfer Office of the paying Agent/Registrar is located are required or
authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking
institutions are required or authorized to close, and payment on such date shall have the same
force and effect as if made on the original date payment was due and no additional interest shall
be due by reason of nonpayment on the date on which such payment is otherwise stated to be due
and payable.
(f) Unclaimed Payments shall be segregated in a special escrow account and held in
trust, uninvested by the Paying Agent/Registrar, for the account of the Owners of the Bonds to
which the Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code,
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Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after
the applicable payment or redemption date shall be applied to the next payment or payments on
the Bonds thereafter coming due and, to the extent any such money remains after the retirement
of all outstanding Bonds, shall be paid to the Town to be used for any lawful purpose.
Thereafter, neither the Town, the Paying Agent/Registrar, nor any other person shall be liable or
responsible to any Owners of such Bonds for any further payment of such unclaimed moneys or
on account of any such Bonds, subject to Title 6 of the Texas Property Code.
Section 3.04. Execution and Registration of Bonds.
(a) The Bonds shall be executed on behalf of the Town by the Mayor and the City
Secretary, by their manual or facsimile signatures, and the official seal of the Town shall be
impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the
same effect as if each of the Bonds had been signed manually and in person by each of said
officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of
the Town had been manually impressed upon each of the Bonds.
(b) In the event that any officer of the Town whose manual or facsimile signature
appears on the Bonds ceases to be such officer before the authentication of such Bonds or before
the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient
for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Bonds shall be valid or obligatory for any purpose
or be entitled to any security or benefit of this Ordinance unless and until there appears thereon
the certificate of Paying Agent/Registrar substantially in the form provided herein, duly
authenticated by manual execution by an officer or duly authorized signatory of the Paying
Agent/Registrar. It shall not be required that the same officer or authorized signatory of the
Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In
lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bonds
delivered at the Closing Date shall have attached thereto the Comptroller’s Registration
Certificate substantially in the form provided herein, manually executed by the Comptroller of
Public Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be
evidence that the Bond has been duly approved by the Attorney General of the State of Texas,
that it is a valid and binding obligation of the Town, and that it has been registered by the
Comptroller of Public Accounts of the State of Texas.
(d) On the Closing Date, one initial Bond (the “Initial Bond”) representing the entire
principal amount of all Bonds, payable in stated installments to the initial purchaser, or its
designee, executed by the Mayor and City Secretary of the Town, approved by the Attorney
General, and registered and manually signed by the Comptroller of Public Accounts, will be
delivered to the initial purchaser or its designee. Upon payment for the Initial Bond, the Paying
Agent/Registrar shall cancel the Initial Bond and deliver to DTC on behalf of the initial
purchaser one registered definitive Bond for each year of maturity of the Bonds in the aggregate
principal amount of all Bonds for such maturity, registered in the name of Cede & Co., as
nominee of DTC.
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Section 3.05. Ownership.
(a) The Town, the Paying Agent/Registrar, and any other person may treat the person
in whose name any Bond is registered as the absolute owner of such Bond for the purpose of
making and receiving payment as herein provided (except interest shall be paid to the person in
whose name such Bond is registered on the Record Date or Special Record Date, as applicable),
and for all other purposes, whether or not such Bond is overdue, and neither the Town nor the
Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary.
(b) All payments made to the Owner of a Bond shall be valid and effectual and shall
discharge the liability of the Town and the Paying Agent/Registrar upon such Bond to the extent
of the sums paid.
Section 3.06. Registration, Transfer, and Exchange.
(a)So long as any Bonds remain outstanding, the Town shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the “Register”) in
which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar
shall provide for the registration and transfer of Bonds in accordance with this Ordinance.
(b) The ownership of a Bond may be transferred only upon the presentation and
surrender of the Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar
with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register.
(c) The Bonds shall be exchangeable upon the presentation and surrender thereof at
the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of
the same maturity and interest rate and in a denomination or denominations of any integral
multiple of $5,000, and in an aggregate principal amount equal to the unpaid principal amount of
the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to
authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section.
(d) Each exchange Bond delivered by the Paying Agent/Registrar in accordance with
this Section shall constitute an original contractual obligation of the Town and shall be entitled to
the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of
which such exchange Bond is delivered.
(e) No service charge shall be made to the Owner for the initial registration,
subsequent transfer, or exchange for a different denomination of any of the Bonds. The Paying
Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or
other governmental charge that is authorized to be imposed in connection with the registration,
transfer, or exchange of a Bond.
(f) Neither the Town nor the Paying Agent/Registrar shall be required to issue,
transfer or exchange any Bond called for redemption, in whole or in part, within 45 calendar
days prior to the date fixed for redemption; provided, however, such limitation shall not be
applicable to an exchange by the Owner of the uncalled principal balance of a Bond.
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Section 3.07. Cancellation.
All Bonds paid or redeemed before scheduled maturity in accordance with this
Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are
authenticated and delivered in accordance with this Ordinance, shall be canceled and proper
records made regarding such payment, redemption, exchange, or replacement. The Paying
Agent/Registrar shall then return such canceled Bonds to the Town or may in accordance with
law dispose of such cancelled Bonds.
Section 3.08. Temporary Bonds.
(a) Following the delivery and registration of the Initial Bond and pending the
preparation of definitive Bonds, the proper officers of the Town may execute and, upon the
Town’s request,the Paying Agent/Registrar shall authenticate and deliver, one or more
temporary Bonds that are printed, lithographed, typewritten, mimeographed, or otherwise
produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which
they are delivered, without coupons, and with such appropriate insertions, omissions,
substitutions, and other variations as the officers of the Town executing such temporary Bonds
may determine, as evidenced by their signing of such temporary Bonds.
(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall
be entitled to the benefit and security of this Ordinance.
(c) The Town, without unreasonable delay, shall prepare, execute and deliver to the
Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and
surrender of the Bond or Bonds in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Bonds in temporary form and shall authenticate and deliver in
exchange therefor a Bond or Bonds of the same maturity and series, in definitive form, in the
authorized denomination, and in the same aggregate principal amount, as the Bond or Bonds in
temporary form surrendered. Such exchange shall be made without the making of any charge
therefor to any Owner.
Section 3.09.Replacement Bonds.
(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated
Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
replacement Bond of like tenor and principal amount, bearing a number not contemporaneously
outstanding. The Town or the Paying Agent/Registrar may require the Owner of such Bond to
pay a sum sufficient to cover any tax or other governmental charge that is authorized to be
imposed in connection therewith and any other expenses connected therewith.
(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the
Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence
of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall
authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first complies with the
following requirements:
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(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her
ownership of and the circumstances of the loss, destruction, or theft of such Bond;
(ii) furnishes such security or indemnity as may be required by the Paying
Agent/Registrar to save it and the Town harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar, and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the Town and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of which such replacement Bond was issued presents for payment such
original Bond, the Town and the Paying Agent/Registrar shall be entitled to recover such
replacement Bond from the person to whom it was delivered or any person taking therefrom,
except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity
provided therefor to the extent of any loss, damage, cost, or expense incurred by the Town or the
Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed, or wrongfully
taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Bond, may pay such Bond when it becomes due and
payable.
(e) Each replacement Bond delivered in accordance with this Section shall constitute
an original additional contractual obligation of the Town and shall be entitled to the benefits and
security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such
replacement Bond is delivered.
Section 3.10. Book-Entry-Only System.
(a) Notwithstanding any other provision hereof, upon initial issuance of the Bond, the
Bonds shall be registered in the name of Cede & Co., as nominee of DTC. The definitive Bonds
shall be initially issued in the form of a single separate bond for each of the maturities thereof.
(b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC,
the Town and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC
Participant or to any person on behalf of whom such a DTC Participant holds an interest in the
Bonds. Without limiting the immediately preceding sentence, the Town and the Paying
Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in
the Bonds, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as
shown on the Register, of any notice with respect to the Bonds, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than an
Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or
interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the
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Town and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose
name each Bond is registered in the Register as the absolute owner of such Bond for the purpose
of payment of principal of, premium, if any, and interest on Bonds, for the purpose of giving
notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfer with respect to such Bond, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or
upon the order of the respective Owners as shown in the Register, as provided in this Ordinance,
or their respective attorneys duly authorized in writing, and all such payments shall be valid and
effective to fully satisfy and discharge the Town’s obligations with respect to payment of,
premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person
other than an Owner, as shown in the Register, shall receive a certificate evidencing the
obligation of the Town to make payments of amounts due pursuant to this Ordinance. Upon
delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the word “Cede & Co.” in this
Ordinance shall refer to such new nominee of DTC.
(c) The Representations Letter previously executed and delivered by the Town, and
applicable to the Town’s obligations delivered in book-entry-only form to DTC as securities
depository, is hereby ratified and approved for the Bonds.
Section 3.11. Successor Securities Depository; Transfer Outside Book-Entry-Only
System.
In the event that the Town or the Paying Agent/Registrar determines that DTC is
incapable of discharging its responsibilities described herein and in the Representations Letter of
the Town to DTC, and that it is in the best interest of the Town and the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, or in the event DTC discontinues the
services described herein, the Town shall (i) appoint a successor securities depository, qualified
to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended,
notify DTC and DTC Participants of the appointment of such successor securities depository and
transfer one or more separate Bonds to such successor securities depository; or (ii) notify DTC
and DTC Participants of the availability through DTC of certificated Bonds and cause the Paying
Agent/Registrar to transfer one or more separate registered Bonds to DTC Participants having
Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to
being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names Owners transferring or exchanging Bonds shall designate, in accordance with the
provisions of this Ordinance.
Section 3.12. Payments to Cede & Co.
Notwithstanding any other provision of this Ordinance to the contrary, so long as the
Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such
Bonds shall be made and given, respectively, in the manner provided in the Representations
Letter of the Town to DTC.
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ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
Section 4.01. Limitation on Redemption.
The Bonds shall be subject to redemption before scheduled maturity only as provided in
this Article IV.
Section 4.02. Optional Redemption.
(a) The Town reserves the option to redeem Bonds maturing on and after
February 15, 2031 in whole or any part, before their respective scheduled maturity dates, on
February 15, 2030 or on any date thereafter, such redemption date or dates to be fixed by the
Town, at a price equal to the principal amount of the Bonds called for redemption plus accrued
interest to the date fixed for redemption.
(b) If less than all of the Bonds are to be redeemed pursuant to an optional
redemption, the Town shall determine the maturity or maturities and the amounts thereof to be
redeemed and shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions
thereof, within such maturity or maturities and in such principal amounts for redemption.
(c) The Town, at least 45 days before the redemption date, unless a shorter period
shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of
such redemption date and of the principal amount of Bonds to be redeemed.
Section 4.03. Reserved.
Section 4.04. Partial Redemption.
(a) A portion of a single Bond of a denomination greater than $5,000 may be
redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If
such a Bond is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000
portion of the Bond as though it were a single Bond for purposes of selection for redemption.
(b) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar,
in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange
Bond in an aggregate principal amount equal to the unredeemed portion of the Bond so
surrendered, such exchange being without charge.
(c) The Paying Agent/Registrar shall promptly notify the Town in writing of the
principal amount to be redeemed of any Bond as to which only a portion thereof is to be
redeemed.
Section 4.05. Notice of Redemption to Owners.
(a) The Paying Agent/Registrar shall give notice of any redemption of Bondsby
sending notice by first class United States mail, postage prepaid, not less than 30 days before the
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date fixed for redemption, to the Owner of each Bond (or part thereof) to be redeemed, at the
address shown on the Register at the close of business on the Business Day next preceding the
date of mailing such notice.
(b) The notice shall state the redemption date, the redemption price, the place at
which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding
are to be redeemed, an identification of the Bonds or portions thereof to be redeemed.
(c) Any notice given as provided in this Section shall be conclusively presumed to
have been duly given, whether or not the Owner receives such notice.
Section 4.06. Payment Upon Redemption.
(a) Before or on each redemption date, the Town shall deposit with the Paying
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date
by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar
from the Town and shall use such funds solely for the purpose of paying the principal of,
redemption premium, if any, and accrued interest on the Bonds being redeemed.
(b) Upon presentation and surrender of any Bond called for redemption at the
Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the date fixed for
redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any,
and accrued interest on such Bond to the date of redemption from the money set aside for such
purpose.
Section 4.07. Effect of Redemption.
(a) Notice of redemption having been given as provided in Section 4.05of this
Ordinance, the Bonds or portions thereof called for redemption shall become due and payable on
the date fixed for redemption and, unless the Town defaults in its obligation to make provision
for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon,
such Bonds or portions thereof shall cease to bear interest from and after the date fixed for
redemption, whether or not such Bonds are presented and surrendered for payment on such date.
(b) If the Town shall fail to make provision for payment of all sums due on a
redemption date, then any Bond or portion thereof called for redemption shall continue to bear
interest at the rate stated on the Bond until due provision is made for the payment of same by the
Town.
Section 4.08. Conditional Notice of Redemption.
The Town reserves the right to give notice of its election or direction to redeem Bonds
conditioned upon the occurrence of subsequent events. Such notice may state (i) that the
redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount
equal to the amount necessary to effectthe redemption, with the Paying Agent/Registrar, or such
other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town
retains the right to rescind such notice at any time on or prior to the scheduled redemption date if
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the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying
Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no
effect if such moneys and/or authorized securities are not so deposited or if the notice is
rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a
conditional notice of redemption to the affected Owners. Any Bonds subject to conditional
redemption and such redemption has been rescinded shall remain Outstanding and the rescission
of such redemption shall not constitute an event of default. Further, in the case of a conditional
notice of redemption, the failure of the Town to make moneys and or authorized securities
available in part or in whole on or before the redemption date shall not constitute an event of
default.
Section 4.09. Lapse of Payment.
Money set aside for the redemption of Bonds and remaining unclaimed by the Owners of
such Bonds shall be subject to the provisions of Section 3.03(f) hereof.
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paying Agent/Registrar.
The U.S. Bank, N.A., Dallas, Texas, is hereby appointed as the initial Paying
Agent/Registrar for the Bonds.
Section 5.02. Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company organized
under the laws of the State of Texas, or other entity duly qualified and legally authorized to serve
as and perform the duties and services of paying agent and registrar for the Bonds.
Section 5.03. Maintaining Paying Agent/Registrar.
(a) At all times while any of the Bonds are outstanding, the Town will maintain a
Paying Agent/Registrar that is qualified under Section5.02 of this Ordinance. The Mayor is
hereby authorized and directed to execute an agreement with the Paying Agent/Registrar
specifying the duties and responsibilities of the Town and the Paying Agent/Registrar in
substantially the form presented at this meeting, such form of agreement being hereby approved.
The signature of the Mayor shall be attested by the City Secretary of the Town.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the
Town will promptly appoint a replacement.
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Section 5.04. Termination.
The Town, upon not less than sixty (60) days’ notice, reserves the right to terminate the
appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to
be terminated written notice of such termination.
Section 5.05. Notice of Change to Owners.
Promptly upon each change in the entity serving as Paying Agent/Registrar, the Town
will cause notice of the change to be sent to each Owner by first class United States mail,
postage prepaid, at the address thereof in the Register, stating the effective date of the change
and the name and mailing address of the replacement Paying Agent/Registrar.
Section 5.06. Agreement to Perform Duties and Functions.
By accepting the appointment as Paying Agent/Registrar and executing the Paying
Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the
provisions of this Ordinance and that it will perform the duties and functions of Paying
Agent/Registrar prescribed thereby.
Section 5.07. Delivery of Records to Successor.
If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the
appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent
books and records relating to the Bonds to the successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE BONDS
Section 6.01. Form Generally.
(a) The Bonds, including the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas, the Bond of the Paying Agent/Registrar, and the Assignment
form to appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article,
with such appropriate insertions, omissions, substitutions, and other variations as are permitted
or required by this Ordinance, and (ii) may have such letters, numbers, or other marks of
identification (including identifying numbers and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association) and such legends and
endorsements (including any reproduction of an opinion of counsel) thereon as, consistently
herewith, may be determined by the Town or by the officers executing such Bonds, as evidenced
by their execution thereof.
(b) Any portion of the text of any Bonds may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Bonds.
(c) The definitive Bonds, if any, shall be typewritten, photocopied, printed,
lithographed, or engraved, and may be produced by any combination of these methods or
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produced in any other similar manner, all as determined by the officers executing such Bonds, as
evidenced by their execution thereof.
(d) The Initial Bond submitted to the Attorney General of the State of Texas may be
typewritten and photocopied or otherwise reproduced.
Section 6.02. Form of the Bonds.
The form of the Bonds, including the form of the Registration Certificate of the
Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying
Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as
follows:
(a) Form of Bond.
REGISTERED REGISTERED
No._________$_________
United States of America
State of Texas
Counties of Tarrant and Denton
TOWN OF WESTLAKE, TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2022
INTEREST RATE: MATURITY DATE: DELIVERY DATE: CUSIP NUMBER:
______% February 15, ____ March 17, 2022 ______ ___
The Town of Westlake (the “Town”), in the Counties of Tarrant and Denton, State of
Texas, for value received, hereby promises to pay to
_____________________________
or registered assigns, on the Maturity Date specified above, the sum of
_______________________ DOLLARS
unless this Bond shall have been sooner called for redemption and the payment of the principal
hereof shall have been provided for, and to pay interest on such principal amount from the later
of Delivery Date specified above or the most recent interest payment date to which interest has
been paid or provided for until payment of such principal amount has been provided for, at the
per annum rate of interest specified above, computed on the basis of a 360-day year of twelve
30-day months, such interest to be paid semiannually on February 15 and August 15 of each
year, commencing August 15, 2022.
The principal of this Bond shall be payable without exchange or collection charges in
lawful money of the United States of America upon presentation and surrender of this Bond at
the designated office in Dallas, Texas, of U.S. Bank, N.A., as Paying Agent/Registrar (the
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“Designated Payment/Transfer Office”), or, with respect to a successor paying agent/registrar, at
the Designated Payment/Transfer Office of such successor Paying Agent/Registrar. Interest on
this Bond is payable by check dated as of the interest payment date, and will be mailed by the
Paying Agent/Registrar to the registered owner at the address shown on the registration books
kept by the Paying Agent/Registrar or by such other customary banking arrangement acceptable
to the Paying Agent/Registrar and the registered owner; provided, however, such registered
owner shall bear all risk and expenses of such customary banking arrangement. At the option of
an Owner of at least $1,000,000 principal amount of the Bonds, interest may be paid by wire
transfer to the bank account of such Owner on file with the Paying Agent/Registrar. For the
purpose of the payment of interest on this Bond, the registered owner shall be the person in
whose name this Bond is registered at the close of business on the “Record Date,” which shall be
the last business day of the month next preceding such interest payment date; provided, however,
that in the event of nonpayment of interest on a scheduled payment date and for 30 days
thereafter, a new record date for such interest payment (a “Special Record Date”) shall be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Town. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (the “Special Payment Date,” which date shall be 15 days
after the Special Record Date) shall be sent at least five business days prior to the Special Record
Date by United States mail, first class, postage prepaid, to the address of each Owner of a Bond
appearing on the books of the Paying Agent/Registrar at the close of business on the last business
day next preceding the date of mailing of such notice.
If the date for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, legal holiday, or day on which banking institutions in the city where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are required or authorized by
law or executive order to close, the date for such payment shall be the next succeeding day that is
not a Saturday, Sunday, legal holiday, or day on which banking institutions are required or
authorized to close, and payment on such date shall have the same force and effect as if made on
the original date payment was due and no additional interest shall be due by reason of
nonpayment on the date on which such payment is otherwise stated to be due and payable.
This Bond is dated February 15, 2022 and is one of a series of fully registered bonds
specified in the title hereof issued in the aggregate principal amount of $__________________
(herein referred to as the “Bonds”), issued pursuant to a certain ordinance of the Town (the
“Ordinance”) for the purpose of defeasing and redeeming the Reimbursement Obligation (as
defined in the Ordinance) and to pay the costs and expenses associated with issuing the Bonds.
The Town has reserved the option to redeem the Bonds maturing on or after February 15,
2031, in whole or in part, before their respective scheduled maturity dates, on February 15, 2030,
or on any date thereafter, at a price equal to the principal amount of the Bonds so called for
redemption plus accrued interest to the date fixed for redemption. If less than all of the Bonds
are to be redeemed, the Town shall determine the maturity or maturities and the amounts thereof
to be redeemed and shall direct the Paying Agent/Registrar to call by lot or other customary
method that results in a random selection the Bonds, or portions thereof, within such maturity
and in such principal amounts, for redemption.
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Notice of such redemption or redemptions shall be given by first class mail, postage
prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of
each of the Bonds to be redeemed in whole or in part. Notice having been so given, the Bonds or
portions thereof designated for redemption shall become due and payable on the redemption date
specified in such notice; from and after such date, notwithstanding that any of the Bonds or
portions thereof so called for redemption shall not have been surrendered for payment, interest
on such Bonds or portions thereof shall cease to accrue.
The Town reserves the right to give notice of its election or direction to redeem Bonds
conditioned upon the occurrence of subsequent events. Such notice may state (i) that the
redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount
equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such
other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town
retains the right to rescind such notice at any time on or prior to the scheduled redemption date if
the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying
Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no
effect if such moneys and/or authorized securities are not so deposited or if the notice is
rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a
conditional notice of redemption to the affected Owners. Any Bonds subject to conditional notice
of redemption and such redemption has been rescinded shall remain Outstanding and the
rescission of such redemption shall not constitute an event of default. Further, in the case of a
conditional redemption, the failure of the Town to make moneys and or authorized securities
available in part or in whole on or before the redemption date shall not constitute an event of
default.
As provided in the Ordinance, and subject to certain limitations therein set forth, this
Bond is transferable upon surrender of this Town for transfer at the Designated
Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence
of transfer as is acceptable to the Paying Agent/Registrar; thereupon, one or more new fully
registered Bonds of the same stated maturity, of authorized denominations, bearing the same rate
of interest, and for the same aggregate principal amount will be issued to the designated
transferee or transferees.
Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or
exchange any Bond called for redemption where such redemption is scheduled to occur within
45 calendar days of the date fixed for redemption; provided, however, such limitation shall not
be applicable to an exchange by the registered owner of the uncalled principal balance of a Bond.
The Town, the Paying Agent/Registrar, and any other person may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except interest shall be paid to the person in whose name this Bond is registered
on the Record Date, or the Special Record Date, as applicable) and for all other purposes,
whether or not this Bond be overdue, and neither the Town nor the Paying Agent/Registrar shall
be affected by notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the
series of which it is a part is duly authorized by law, and has been authorized by a vote of the
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properly qualified electors of the Town; that all acts, conditions and things required to be done
precedent to and in the issuance of the Bonds have been properly done and performed and have
happened in regular and due time, form and manner, as required by law; and that ad valorem
taxes upon all taxable property in the Town have been levied for and pledged to the payment of
the debt service requirements of the Bonds, within the limit prescribed by law; and that the total
indebtedness of the Town, including the Bonds, does not exceed any constitutional or statutory
limitation.
IN WITNESS WHEREOF, the Town has caused this Bond to be executed by the manual
or facsimile signature of the Mayor of the Town and countersigned by the manual or facsimile
signature of the City Secretary, and the official seal of the Town has been duly impressed or
placed in facsimile on this Bond.
_________________________________
Laura Wheat, Mayor
Town of Westlake, Texas
_________________________________
Todd Wood, Town Secretary
Town of Westlake, Texas
\[SEAL\]
(b) Form of Comptroller’s Registration Certificate. The following Comptroller’s
Registration Certificate may be deleted from the definitive Bonds if such certificate on the Initial
Bond is fully executed.
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO. ____________
OF THE STATE OF TEXAS §
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Bond has been examined by him as required
by law, that he finds that it has been issued in conformity with the Constitution and laws of the
State of Texas, and that it is a valid and binding obligation of the Town of Westlake, Texas; and
that this Bond has this day been registered by me.
Witness my hand and seal of office at Austin, Texas, _____________________.
_________________________________
Comptroller of Public Accounts
of the State of Texas
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(c)Form of Certificate of Paying Agent/Registrar. The following Certificate of
Paying Agent/Registrar may be deleted from each Initial Bond if the Comptroller’s Registration
Certificate appears thereon.
CERTIFICATE OF PAYING AGENT/REGISTRAR
The records of the Paying Agent/Registrar show that the Initial Bond of this series of
Bonds was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas, and that this is one of the Bonds referred
to in the within-mentioned Ordinance.
_________________________________
U.S. BANK, N.A.,
as Paying Agent/Registrar
Dated: ________________ By: ______________________________
Authorized Signatory
(d) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or
typewrite name, address and Zip Code of transferee): _______________________________
________________________________________________________________________
________________________________________________________________________
(Social Security or other identifying number: ____________________) the within Bond and all
rights hereunder and hereby irrevocably constitutes and appoints ____________________
attorney to transfer the within Bond on the books kept for registration hereof, with full power of
substitution in the premises.
Dated: __________________ ____________________________________
Signature Guaranteed By: NOTICE: The Signature on this Assignment
must correspond with the name of the
____________________________________
registered owner as it appears on the face of
the within Bond in every particular and must
____________________________________
be guaranteed in a manner acceptable to the
Authorized Signatory
Paying Agent/Registrar.
(e) The Initial Bond shall be in the form set forth in subsections (a) through (d) of this
Section, except for the following alterations:
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(i) immediately under the name of the Bond, the headings “INTEREST
RATE,” and “MATURITY DATE” shall both be completed with the words “As Shown
Below” and the words “CUSIP NO.” shall be deleted;
(ii) in the first paragraph of the Bond, the words “on the Maturity Date
specified above, the sum of ____________________ DOLLARS” shall be deleted and
the following will be inserted: “on the fifteenth day of February in the years, in the
principal installments and bearing interest at the per annum rates set forth in the
following schedule:
YearPrincipal Amount Interest Rate
(Information to be inserted from Section 3.02(c) hereof).
(iii) the Initial Bond shall be numbered T-1.
Section 6.03.CUSIP Registration.
The Town may secure identification numbers through the CUSIP Service Bureau
managed by S & P Global IQ behalf of the American Bankers Association and may authorize the
printing of such numbers on the face of the Bonds. It is expressly provided, however, that the
presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect in
regard to the legality thereof and neither the Town nor the attorneys approving said Bonds as to
legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds.
Section 6.04. Legal Opinion.
The approving legal opinion of Bracewell LLP, Bond Counsel, may be attached to or
printed on the reverse side of each Bond over the certification of the City Secretary of the Town,
which may be executed in facsimile.
Section 6.05. Statement Insurance.
A statement relating to a municipal bond insurance policy, if any, to be issued for the
Bonds, may be printed on each Bond.
ARTICLE VII
SALE AND DELIVERY OF BONDS;
DEPOSIT OF PROCEEDS; FLOW OF FUNDS
Section 7.01. Sale of Bonds; Official Statement.
(a) The Bonds, having been duly advertised and offered for sale at competitive bid,
are hereby officially sold and awarded to _____________________________ (the “Purchaser”)
for a purchase price equal to the principal amount thereof, plus a cash premium of $__________,
being the bid which produced the lowest true interest cost to the Town. The Initial Bond shall be
registered in the name of the Purchaser or its designee.
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(b) The form and substance of the Preliminary Official Statement and any addenda,
supplement or amendment thereto, are hereby in all respects approved and adopted and is hereby
deemed final as of its date within the meaning and for the purposes of paragraph (b)(1) of Rule
15c2-12 under the Securities Exchange Act of 1934, as amended. The Mayor and City Secretary
are hereby authorized and directed to cause to be prepared a final Official Statement (the
“Official Statement”) incorporating applicable pricing information pertaining to the Bonds, and
to execute the same by manual or facsimile signature and deliver appropriate numbers of
executed copies thereof to the Purchaser. The Official Statement as thus approved and delivered,
with such appropriate variations as shall be approved by the Mayor and the Purchaser, may be
used by the Purchaser in the public offering and sale thereof. The City Secretary is hereby
authorized and directed to include and maintain a copy of the Official Statement and any
addenda, supplement or amendment thereto thus approved among the permanent records of this
meeting. The use and distribution of the Preliminary Official Statement, and the preliminary
public offering of the Bonds by the Purchaser, is hereby ratified, approved and confirmed.
(c) All officers of the Town are authorized to execute such documents, certificates
and receipts as they may deem appropriate in order to consummate the delivery of the Bonds in
accordance with the terms of sale therefor. Further, in connection with the submission of the
record of proceedings for the Bonds to the Attorney General of the State of Texas for
examination and approval of such Bonds, the appropriate officer of the Town is hereby
authorized and directed to issue a check of the Town payable to the Attorney General of the State
of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas
Government Code (such amount per series to be the lesser of (i) 1/10th of 1% of the principal
amount of such series of the Bonds or (ii) $9,500.)
(d) The obligation of the Purchaser to accept delivery of the Bonds is subject to the
Purchaser being furnished with the final, approving opinion of Bracewell LLP, bond counsel for
the Town, which opinion shall be dated and delivered the Closing Date.
Section 7.02. Control and Delivery of Bonds.
(a) The Mayor of the Town is hereby authorized to have control of the Initial Bond
and all necessary records and proceedings pertaining thereto pending investigation, examination,
and approval of the Attorney General of the State of Texas, registration by the Comptroller of
Public Accounts of the State of Texas and registration with, and initial exchange or transfer by,
the Paying Agent/Registrar.
(b) After registration by the Comptroller of Public Accounts, delivery of the Bonds
shall be made to the Purchaser or a representative thereof under and subject to the general
supervision and direction of the Mayor, against receipt by the Town of all amounts due to the
Town under the terms of sale.
(c) In the event the Mayor or City Secretary is absent or otherwise unable to execute
any document or take any action authorized herein, the Mayor Pro Tem and the Assistant City
Secretary, respectively, shall be authorized to execute such documents and take such actions, and
the performance of such duties by the Mayor Pro Tem and the Assistant City Secretary shall for
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the purposes of this Ordinance have the same force and effect as if such duties were performed
by the Mayor and City Secretary, respectively.
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Creation of Funds.
(a) The Townhereby establishes the following special funds or accounts:
(i) The Town of Westlake, Texas, General Obligation Refunding Bonds,
Series 2022, Interest and Sinking Fund
(b) This fund or account shall be maintained at an official depository of the Town.
Section 8.02. Interest and Sinking Fund.
(a) The taxes levied under Section 2.01 shall be deposited to the credit of the Interest
and Sinking Fund at such times and in such amounts as necessary for the timely payment of the
principal of and interest on the Bonds.
(b) If the amount of money in the Interest and Sinking Fund is at least equal to the
aggregate principal amount of the outstanding Bonds plus the aggregate amount of interest due
and that will become due and payable on such Bonds, no further deposits to that fund need be
made.
(c) Money on deposit in the Interest and Sinking Fund shall be used to pay the
principal of and interest on the Bonds as such become due and payable.
Section 8.03. Security of Funds.
All moneys on deposit in the funds referred to in this Ordinance shall be secured in the
manner and to the fullest extent required by the laws of the State of Texas for the security of
public funds, and moneys on deposit in such funds shall be used only for the purposes permitted
by this Ordinance.
Section 8.04. Deposit of Proceeds.
(a) Proceeds of the Bonds in the amount of $______________ (which includes
premium received on the Bonds in the amount of $_________________), shall be deposited with
the Developer to defease and redeem the Reimbursement Obligation.
(b) The remaining premium received shall be deposited to a special fund, such
moneys to be dedicated and used for paying the costs of issuance. Any amounts remaining after
the payment of the costs of issuance shall be deposited to the Interest and Sinking Fund.
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Section 8.05. Investments.
(a) Money in the Interest and Sinking Fund created by this Ordinance, at the option
of the Town, may be invested in such securities or obligations as permitted under applicable law.
(b) Any securities or obligations in which such money is so invested shall be kept and
held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be
timely applied to the making of all payments required to be made from the fund from which the
investment was made.
Section 8.06. Investment Income.
(a) Interest and income derived from investment of the Interest and Sinking Fund be
credited to such fund.
(b) Interest and income derived from investment of the funds to be deposited pursuant
to Section 7.03(b) hereof shall be credited to the account where deposited until the acquisition or
construction of said projects is completed and thereafter, to the extent such interest and income
are present, such interest and income shall be deposited to the Interest and Sinking Fund.
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of the Bonds.
On or before each Interest Payment Date for the Bondsand while any of the Bonds are
outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the
Interest and Sinking Fund, money sufficient to pay such interest on and principal of, redemption
premium, ifany, and interest on the Bonds as will accrue or mature on the applicable Interest
Payment Date, maturity date and, if applicable, on a date of prior redemption.
Section 9.02. Other Representations and Covenants.
(a) The Town will faithfully perform, at all times, any and all covenants,
undertakings, stipulations, and provisions contained in this Ordinance and in each Bond; the
Town will promptly pay or cause to be paid the principal of, redemption premium, if any, and
interest on each Bond on the dates and at the places and manner prescribed in such Bond; and the
Town will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be
deposited the amounts of money specified by this Ordinance.
(b) The Town is duly authorized under the laws of the State of Texas to issue the
Bonds; all action on its part for the creation and issuance of the Bonds has been duly and
effectively taken; and the Bonds in the hands of the Owners thereof are and will be valid and
enforceable obligations of the Town in accordance with their terms.
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Section 9.03. Federal Income Tax Matters.
(a) General. The Town covenants not to take any action or omit to take any action
that, if taken or omitted, would cause the interest on the Bonds to be includable in gross income
for federal income tax purposes. Infurtherance thereof, theTown covenants to comply with
sections 103 and 141 through 150 of the Code and the provisions set forth in the Federal Tax
Certificate executed by the Town in connection with the Bonds.
(b) No Private Activity Bonds. The Town covenants that it will use the proceeds of
the Bonds (including investment income) and the property financed, directly or indirectly, with
such proceeds so that the Bonds will not be “private activity bonds” within the meaning of
section 141 of the Code. Furthermore, the Town will not take a deliberate action (as defined in
section 1.141-2(d)(3) of the Regulations) that causes the Bonds to be a “private activity bond”
unless it takes a remedial action permitted by section 1.141-12 of the Regulations.
(c) No Federal Guarantee. The Town covenants not to take any action or omit to take
any action that, if taken or omitted, would cause the Bonds to be “federally guaranteed” within
the meaning of section 149(b) of the Code, except as permitted by section 149(b)(3) of the Code.
(d) No Hedge Bonds. The Town covenants not to take any action or omit to take
action that, if taken or omitted, would cause the Bonds to be “hedge bonds” within the meaning
of section 149(g) of the Code.
(e) No Arbitrage. The Town covenants that it will make such use of the proceeds of
the Bonds (including investment income) and regulate the investment of such proceeds of the
Bonds so that the Bonds will not be “arbitrage bonds” within the meaning of section 148(a) of
the Code.
(f) Required Rebate. The Town covenants that, if the Town does not qualify for an
exception to the requirements of section 148(f) of the Code, the Town will comply with the
requirement that certain amounts earned by the Town on the investment of the gross proceeds of
the Bonds, be rebated to the United States.
(g)Information Reporting. The Towncovenants to file or cause to be filed with the
Secretary of the Treasury an information statement concerning the Bonds in accordance with
section 149(e) of the Code.
(h) Record Retention. The Town covenants to retain all material records relating to
the expenditure of the proceeds (including investment income) of the Refunded Obligationsand
the Bonds and the use of the property financed, directly or indirectly, thereby until three years
after the last Bond is redeemed or paid at maturity (or such other period as provided by
subsequent guidance issued by the Department of the Treasury) in a manner that ensures their
complete access throughout such retention period.
(i) Registration. If the Bonds are “registration-required bonds” under section
149(a)(2) of the Code, the Bonds will be issued in registered form.
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(j) Favorable Opinion of Bond Counsel. Notwithstanding the foregoing, the Town
will not be required to comply with any of the federal tax covenants set forth above if the Town
has received an opinion of nationally recognized bond counsel that such noncompliance will not
adversely affect the excludability of interest on the Bonds from gross income for federal income
tax purposes.
(k) Continuing Obligation. Notwithstanding any other provision of this Order, the
Town’s obligations under the federal tax covenants set forth above will survive the defeasance
and discharge of the Bonds for as long as such matters are relevant to the excludability of interest
on the Bonds from gross income for federal income tax purposes.
ARTICLE X
DEFAULT AND REMEDIES
Section 10.01. Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is hereby
declared to be an Event of Default:
(i) the failure to make payment of the principal of, redemption premium, if
any, or interest on any of the Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant,
agreement, or obligation of the Town, which default materially and adversely affects the
rights of the Owners, including but not limited to their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of sixty (60)
days after notice of such default is given by any Owner to the Town.
Section 10.02. Remedies for Default.
(a) Upon the happening of any Event of Default, then any Owner or an authorized
representative thereof, including but not limited to a trustee or trustees therefor, may proceed
against the Town for the purpose of protecting and enforcing the rights ofthe Owners under this
Ordinance by mandamus or other suit, action or special proceeding in equity or at law in any
court of competent jurisdiction for any relief permitted by law, including the specific
performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing
that may be unlawful or in violation of any right of the Owners hereunder or any combination of
such remedies.
(b) It is provided that all such proceedings shall be instituted and maintainedfor the
equal benefit of all Owners of Bonds then outstanding.
Section 10.03. Remedies Not Exclusive.
(a) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in
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equity; provided, however, that notwithstanding any other provision of this Ordinance, the right
to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this
Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
ARTICLE XI
DISCHARGE
Section 11.01. Discharge.
The Bonds may be defeased, discharged or refunded in any manner permitted by
applicable law.
ARTICLE XII
CONTINUING DISCLOSURE UNDERTAKING
Section 12.01. Annual Reports.
(a) The Town shall provide annually to the MSRB, (1) within six months after the
end of each fiscal year of the Town, financial information and operating data with respect to the
Town of the general type included in the final Official Statement, being information described in
the Tables numbered 1 through 6 and 8 through 15, including financial statements of the Town if
audited financial statements of the Town are then available, and (2) if not provided as part such
financial information and operating data, audited financial statements of the Town, when and if
available. Any financial statements to be provided shall be (i) prepared in accordance with the
accounting principles appended to the Official Statement, or such other accounting principles as
the Town may be required to employ from time to time pursuant to state law or regulation, and
(ii) audited, if the Town commissions an audit of such financial statements and the audit is
completed within the period during which they must be provided. If the audit of such financial
statements is not complete within 12 months after any such fiscal year end, then the Town shall
file unaudited financial statements within such 12-month period and audited financial statements
for the applicable fiscal year, when and if the audit report on such statements becomes available.
(b) If the Town changes its fiscal year, it will notify the MSRB of the change (and of
the date of the new fiscal year end) prior to the next date by which the Town otherwise would be
required to provide financial information and operating data pursuant to this Section.
(c) The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
referenced to any document (including an official statement or other offering document, if it is
available from the MSRB) that theretofore has been provided to the MSRB or filed with the
SEC.
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Section 12.02. Material Event Notices.
(a) The Town shall notify the MSRB, in a timely manner not in excess of ten (10)
Business Days after the occurrence of the event, of any of the following events with respect to
the Bonds:
(i) Principal and interest payment delinquencies;
(ii) Non-payment related defaults, if material;
(iii) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(iv) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(v) Substitution of credit or liquidity providers, or their failure to perform;
(vi) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax status of the
Bonds, or other material events affecting the tax status of the Bonds;
(vii) Modifications to rights of holders of the Bonds, if material;
(viii) Bond calls, if material, and tender offers;
(ix) Defeasances;
(x) Release, substitution, or sale of property securing repayment of the Bonds,
if material;
(xi) Rating changes;
(xii) Bankruptcy, insolvency, receivership or similar event of the Town;
(xiii) The consummation of a merger, consolidation, or acquisition involving the
Town or the sale of all or substantially all of the assets of the Town, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material; and
(xiv) Appointment of a successor Paying Agent/Registrar or change in the name
of the Paying Agent/Registrar, if material.
(xv) incurrence of a financial obligation of the Town, if material, or agreement
to covenants, events of default, remedies, priority rights, or other similar terms of a
financial obligation of the Town, any of which affect security holders, if material; and
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(xvi) default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the Town, any of which
reflect financial difficulties.
For these purposes, any event described in the immediately preceding clause (xii) is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the Town in a proceeding under the United States Bankruptcy Code or in
any other proceeding under state or federal law in which a court or governmental authority has
assumed jurisdiction over substantially all of the assets or business of the Town, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets of
business of the Town; and the Town intends the words used in the immediately preceding
paragraphs (xv) and (xvi) and the definition of financial obligations in those sections to have the
same meanings as when they are used in rule and sec release no. 34-83885, dated August 20,
2018.
(b) The Town shall provide to the MSRB, in an electronic format as prescribed by the
MSRB, in a timely manner, notice of a failure by the Town to provide required annual financial
information and notices of material events in accordance with Sections 12.01 and 12.02. All
documents provided to the MSRB pursuant to this Section shall be accompanied by identifying
information as prescribed by the MSRB.
Section 12.03. Limitations, Disclaimers and Amendments.
(a) The Town shall be obligated to observe and perform the covenants specified in
this Article for so long as, but only for so long as, the Town remains an “obligated person” with
respect to the Bonds within the meaning of the Rule, except that the Town in any event will give
notice of any redemption calls and any defeasances that cause the Town to be no longer an
“obligated person.”
(b) The provisions of this Article are for the sole benefit of the Owners and beneficial
owners of the Bonds, and nothing in this Article, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The Town undertakes
to provide only the financial information, operating data, financial statements, and notices which
it has expressly agreed to provide pursuant to this Article and does not hereby undertake to
provide any other information that may be relevant or material to a complete presentation of the
Town’s financial results, condition, or prospects or hereby undertake to update any information
provided in accordance with this Article or otherwise, except as expressly provided herein. The
Town does not make any representation or warranty concerning such information or its
usefulness to a decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO THE OWNER OR
BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE TOWN, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
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COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(c) No default by the Town in observing or performing its obligations under this
Article shall constitute a breach of or default under the Ordinance for purposes of any other
provisions of this Ordinance.
(d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise
limit the duties of the Town under federal and state securities laws.
(e) The provisions of this Article may be amended by the Town from time to time to
adapt to changed circumstances that arise from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the Town, but only if (i) the
provisions of this Article, as so amended, would have permitted an underwriter to purchase or
sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account
any amendments or interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (ii) either (A) the Owners of a majority in aggregate principal
amount (or any greater amount required by any other provisions of this Ordinance that authorizes
such an amendment) of the Outstanding Bonds consent to such amendment or (B) an entity or
individual person that is unaffiliated with the Town (such as nationally recognized bond counsel)
determines that such amendment will not materially impair the interests of the Owners and
beneficial owners of the Bonds. If the Town so amends the provisions of this Article, it shall
include with any amended financial information or operating data next provided in accordance
with Section 12.01 an explanation, in narrative form, of the reasons for the amendment and of
the impact of any change in type of financial information or operating data so provide.
ARTICLE XIII
AMENDMENTS
Section 13.01. Amendments.
This Ordinance shall constitute a contract with the Owners, be binding on the Town, and
shall not be amended or repealed by the Town so long as any Bond remains outstanding except
as permitted in this Section. The Town may, without consent of or notice to any Owners, from
time to time and at any time, amend this Ordinance in any manner not detrimental to the interests
of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or
omission herein. In addition, the Town may, with the written consent of the Owners of the
Bonds holding a majority in aggregate principal amount of the Bonds then outstanding, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of
all Owners of outstanding Bonds, no such amendment, addition, or rescission shall (i) extend the
time or times of payment of the principal of and interest on the Bonds, reduce the principal
amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify
the terms of payment of the principal of or interest on the Bonds, (ii) give any preference to any
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Bond over any other Bond, or (iii) reduce the aggregate principal amount of Bonds required to be
held by Owners for consent to any such amendment, addition, or rescission.
ARTICLE XIV
MISCELLANEOUS
Section 14.01. Changes to Ordinance.
The Mayor and Director of Finance, in consultation with Bond Counsel, arehereby
authorized to make changes to the terms of this Ordinance if necessary or desirable to carry out
the purposes hereof or in connection with the approval of the issuance of the Bonds by the
Attorney General of Texas.
Section 14.02. Partial Invalidity.
If any section, paragraph, clause or provision of this Ordinance shall for any reason be
held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph,
clause or provision shall not affect any of the remaining provisions of the Ordinance.
Section 14.03. No Personal Liability.
No recourse shall be had for payment of the principal of or interest on any Bonds or for
any claim based thereon, or on this Ordinance, against any official or employee of the Town or
any person executing any Bonds.
ARTICLE XV
REDEMPTION OF REFUNDED OBLIGATIONS
Section 15.01. Payment of Reimbursement Obligation.
(a) Following the deposit of proceeds of the Bonds with the Developer, as herein
specified, the Reimbursement Obligation shall be paid in full, defeased and fully discharged.
ARTICLE XVI
EFFECTIVENESS
Section 16.01. Effectiveness.
This Ordinance shall take effect immediately from and after its passage.
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APPROVED AND ADOPTED this February 28, 2022.
Laura Wheat, Mayor
Town of Westlake, Texas
ATTEST:
Todd Wood, Town Secretary
Town of Westlake, Texas
Signature Page for Ordinance
Series 2022 General Obligation Refunding Bonds
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Town Council
Item# 10– Executive
Session
The Town Council will conduct a closed session pursuant to Texas Government Code
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071(2) Consultation with Attorney – to seek advice of counsel on matters in
which the duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter
551 of the Texas Government Code: Appeal of student discipline matter.
b. Section 551.082 (a)(1) Deliberation Regarding Student Discipline - to hear and
deliberate the appeal of a student discipline matter.
c. Section 551.0821(a) Deliberation Involving Personally Identifiable Student Information -
to hear and deliberate the appeal of a student discipline matter.
d. Section 551.071(2) – Consultation with Attorney – to seek advice of counsel on matters
in which the duty of the Town Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Texas Government Code - FM 1938 access for proposed Southlake development.
e. Section 551.071(2) – Consultation with Town Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation
Concerning the Design Engineering and Construction of the West Side Pump Station and
the Dove Road Waterline.
f. Section 551.071(2) - Consultation with Attorney – to seek advice of counsel on matters
of bankruptcy proceedings by the Texas Student Housing Authority.
Town Council
Item # 11 – Reconvene Town
CouncilMeeting
Town Council
Item # 12 – Necessary Action
TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
Town
Council/Board
of Trustees
Item # 13–Recap and
Staff Direction
Town Council/
Board of
Trustees
Item # 15–Future Agenda
Items
Any Town Councilmember may request at a workshop and or Town Council meeting, under
“Future Agenda Item Requests”, an agenda item for a future Town Council meeting. The Town
Councilmember making the request will contact the Town Manager/Superintendent with the
requested item and the Town Manager/Superintendent will list it on the agenda. At the meeting,
the requesting Town Councilmember will explain the item, the need for Town Council discussion
of the item, the item’s relationship to the Town Council strategic priorities, and the amount of
estimated staff time necessary to prepare for Town Council discussion. If the requesting Town
Councilmember receives a second, the Town Manager/Superintendent will place the item on the
Town Council agenda calendar allowing for adequate time for staff preparation on the agenda
item.
Future Agenda Items Scheduled:
a.Historical Designations for various properties in Westlake. (Mayor Wheat 5/24/20)
b.Quarterly HOA Board Meeting Discussions. (Dasgupta 8/23/21)
c. Explore finance options regarding building permanent buildings to replace the
portables at Westlake Academy: options to build partnerships with Town’s
biggest stakeholders, so that the expense does not fall entirely on taxpayers.
(White 11/15/21)
d. Discussion regarding governance enrichment as a follow up to our Council retreat
th
on May 24 with Mike Conduff. (Wheat 11/15/21)
e. Social media policy as it relates to bullying. (Wheat 11/15/21)
f. Social media education policy for K-12. (Wheat 11/15/21)
g. Council discuss and consider live-streaming Council meetings. (White 12/13/21)
h. Council discuss and consider extending our lease at Solana, as current market
conditions make this an attractive option. (White 12/13/21)
i. Council discuss and consider amending our Town Ordinances to establish term
limits for both Mayor and Council seats. For ex. 4 year or 6 year limits. (White
12/13/21)
j. Council discuss and consider requiring developers to post a
Development/Performance Bond on large projects moving forward. (White
12/13/21).
k. Structural safety audit of the portables. (Dasgupta 1/19/22)
l. Community engagement opportunities for Town Boards and Committees.
(Dasgupta 1/19/22)
m. Review of the Town’s Annual budget process. (White 1/19/22).
Town Council/
Board of
Trustees
Item # 16–Adjournment