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TC BOT Agenda Packet 10.9.23
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TOWN STAFF REPORT RECCOMENDATIONS Initial discussion regarding a Strategic Plan for Westlake Academy and the Town of Westlake (Mayor Kilbride) STAFF: Sean Kilbride, Mayor BACKGROUND: This item has been placed on the agenda by request of Mayor Kilbride. Town of WestlakePage 1 of 1Printed on 10/10/2023 powered by Legistar™ 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:23-262 Agenda Date:10/9/2023 Agenda #:F.1. TOWN STAFF REPORT RECCOMENDATIONS Receive an Update from Hugo’s Restaurant Representative (Wade Carroll, Town Manager) STAFF: Wade Carroll, Town Manager BACKGROUND: This item has been added to the agenda by request of Council Member Shiner. Mr. Mark Campbell of ’s will be present to provide an update. Town of WestlakePage 1 of 1Printed on 10/10/2023 powered by Legistar™ 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:23-211 Agenda Date:10/9/2023 Agenda #:F.2. TOWN STAFF REPORT RECCOMENDATIONS Receive a report on Westlake Academy parent and student survey results (Jon Sasser, Director of Communications) STAFF: Jon Sasser, Director of Communications BACKGROUND: Director of Communication Jon Sasser will provide a report on findings from parents and students who submitted a survey regarding their experience at the Westlake Academy. ATTACHMENT(S): Presentation Town of WestlakePage 1 of 1Printed on 10/10/2023 powered by Legistar™ SURVEY RESULTS SEPTEMBER 25, 2023 WESTLAKE ACADEMY PARENT/ALUMNI PARENTS OF CURRENT STUDENTSALUMNI FROM 2020-2023PARENTS OF FORMER STUDENTS FROM 2020-2023 WHO LEFT FOR REASONS OTHER THAN GRADUATION WHAT GRADES ARE YOUR CHILDREN IN?WHY DID YOU CHOOSE WESTLAKE ACADEMY?WHAT ARE YOU HOPING TO GET FROM YOUR CHILD’S EXPERIENCE MOVING FORWARD?HOW CAN WE IMPROVE YOUR CHILD’S EXPERIENCE AT WESTLAKE ACADEMY?CAN YOU PROVIDE US WITH FEEDBACK ON YOUR INTERACTIONS WITH STAFF AND COUNSELORS?WHAT YEAR DID YOU GRADUATE FROM WESTLAKE ACADEMY?WHAT DID YOU GAIN FROM YOUR EXPERIENCE?WHAT DID YOU LIKE ABOUT YOUR EXPERIENCE?WHAT WOULD YOU HAVE CHANGED?WHY DID YOU ORGINALLY CHOOSE WESTLAKE ACADEMY?WHY DID YOU CHOOSE TO LEAVE WESTLAKE ACADEMY? •••••••••••••• 3 SURVEYS SENTRECEIVED 269 TOTAL RESPONSES PARENT SURVEY QUESTIONS:ALUMNI SURVEY QUESTIONS:FAMILIES WHO LEFT: WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS ••••• GRADE (18%) TH ALL GRADES WERE REPRESENTEDMOST RESPONSES: 10LEAST RESPONSES: KINDERGARTEN (6%)% SOMEWHAT EVEN ACROSS THE BOARD •••• WHAT GRADES ARE YOUR CHILDREN IN? • CURRENT PARENT SURVEY: QUESTION 1 WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS (87 RESPONSES) ( 63 RESPONSES) ( 4 RESPONSES) ( 74 RESPONSES) (5 RESPONSES) EXCELLENT ACADEMICS AND REPUTATION SMALLER CLASS SIZES FOCUS ON IB CURRICULUM HIGH RANKINGS COLLEGE PREPAREDNESS ••••• WHY DID YOU CHOOSE WESTLAKE ACADEMY? WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS• CURRENT PARENT SURVEY: QUESTION 2 (12 RESPONSES) ( 12 RESPONSES) (62 RESPONSES) (17 RESPONSES) (37 RESPONSES) ACADEMIC ACHIEVEMENT STRONG COLLEGE PREP CONTINUED IB MINDSET WELL-ROUNDED GROWTH/EXPERIENCEEXPANDED OPPORTUNITIES IN CLASSES/ATHLETICS/EXTRA CURRICULAR ACTIVITIES ••••• WHAT ARE YOU HOPING TO GET FROM YOUR CHILD’S EXPERIENCE MOVING FORWARD? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS CURRENT PARENT SURVEY: QUESTION 3 (33 RESPONSES) (15 RESPONSES) (12 RESPONSES) (10 RESPONSES) (18 RESPONSES) TEACHER TO PARENT ABOUT STUDENT PROGRESS/ASSIGNMENTSCOMMUNICATION ALL IN ONE PLACEOVERALL TRANSPARENCY ••• EXPANDED ATHLETICS/CLASSES/EXTRA CURRICULAR ACTIVITIES BETTER COMMUNICATION RECRUIT AND KEEP THE BEST TEACHERS TAKE MORE DISCIPLINARY ACTION IMPROVE CAR LINE/PARKING ••••• HOW CAN WE IMPROVE YOUR CHILD’S EXPERIENCE AT WESTLAKE ACADEMY? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS CURRENT PARENT SURVEY: QUESTION 4 (18 RESPONSES) (27 RESPONSES) (146 RESPONSES) WARM AND CARINGSUPPORTIVEDISREGARD PARENT CONCERNSBETTER COMMUNICATION FROM TEACHERSMOSTLY POSITIVE ••••• POSITIVENEGATIVE MINIMAL INTERACTIONS ••• CAN YOU PROVIDE US WITH FEEDBACK ON YOUR INTERACTIONS WITH STAFF AND COUNSELORS? WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS CURRENT PARENT SURVEY: QUESTION 5• WHAT YEAR DID YOU GRADUATE FROM WESTLAKE ACADEMY? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS ALUMNI SURVEY: QUESTION 1 (42% OF RESPONSES) (25% OF RESPONSES) (33% OF RESPONSES) POSITIVE RELATIONSHIPS BETTER WRITING SKILLS COLLEGE PREPAREDNESS ••• WHAT DID YOU GAIN FROM YOUR EXPERIENCE? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS ALUMNI SURVEY: QUESTION 2 (26% OF RESPONSES) (26% OF RESPONSES) (16% OF RESPONSES) SMALL CLASS SIZES TEACHER/STAFF RELATIONSHIPS ATHLETICS ••• WHAT DID YOU LIKE ABOUT YOUR EXPERIENCE? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS ALUMNI SURVEY: QUESTION 3 (25% OF RESPONSES) (17% OF RESPONSES) (8% OF RESPONSES) WIDER VARIETY OF COURSE OFFERINGS ADDRESSING MENTAL HEALTH MORE IMPROVE TRAFFIC FLOW ••• WHAT WOULD YOU HAVE CHANGED? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS ALUMNI SURVEY: QUESTION 4 (10 RESPONSES) (16 RESPONSES) (32 RESPONSES) IB EDUCATION CLASS/SCHOOL SIZE ACADEMIC REPUTATION ••• WHY DID YOU ORGINALLY CHOOSE WESTLAKE ACADEMY? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS FORMER PARENT SURVEY: QUESTION 1 (13 RESPONSES) (5 RESPONESES) (11 RESPONESES) (10 RESPONSES) (12 RESPONSES) (10 RESPONESES) MORE OPPORTUNITIES ELSEWHERE COVID-RELATED ISSUES LACK OF STAFF SUPPORT TOXIC ENVIRONMENT ACADEMIC CHALLENGES RELOCATED OUT OF AREA •••••• WHY DID YOU LEAVE WESTLAKE ACADEMY? • WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS FORMER PARENT SURVEY: QUESTION 2 GET MORE DETAILED ANSWERS IN REAL TIMEBETTER WAY TO COMPILE/TRACK ANSWERS MOVING FORWARDACT FASTER ON ANY POTENTIAL ISSUES ••• PERFORM EXIT INTERVIEWS WITH EACH FAMILY/GRADUATING STUDENT • SEND TO SCHOOL LEADERSHIP TEAM/BOARD OF TRUSTEES FOR ANALYSISDETERMINE WHAT CAN BE DONE TO IMPROVE IN EVERY ASPECTANALYZE WHY FAMILIES LEFT AND WHAT CAN BE DONE TO REDUCE THAT NUMBER WESTLAKE ACADEMY PARENT/ALUMNI SURVEY RESULTS NEXT STEPS•••QUESTIONS? RECOMMENDATIONS 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:23-253 Agenda Date:10/9/2023 Agenda #:F.3. ACADEMY STAFF REPORT RECCOMENDATIONS Receive a Quarterly report from the Westlake Academy Foundation Board (Shelly Myers, Executive Director) STAFF: Dr. Shelly Myers, Executive Director Westlake Academy Foundation BACKGROUND: The Town Council/Board of Trustees have requested quarterly updates from all affiliates. DISCUSSION: TheWestlakeAcademyFoundationhasprovidedaquarterlyupdate.TheTownCouncil/BoardofTrusteesmay reviewthefindings,andExecutiveDirectorShellyMyersandBoardPresidentChristineRosswillbepresentto answer any questions. FISCAL IMPACT: N/A STAFF RECOMMENDATION: No action, receive a quarterly report. BOARD OF TRUSTEES ACTION/OPTIONS: No action necessary. Town of WestlakePage 1 of 1Printed on 10/10/2023 powered by Legistar™ 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:23-268 Agenda Date:10/9/2023 Agenda #:G.1. TOWN STAFF REPORT RECCOMENDATIONS Consider approval of Town Council Board of Trustees Meeting Minutes from the following meeting(s): September 25, 2023 (Regular Meeting); and take appropriate action (Amy Piukana, Town Secretary) STAFF: Amy M. Piukana, Town Secretary BACKGROUND: The Town Council Board of Trustees shall review and approve the proposed draft minutes. Once approved, the Town Secretary shall make available to the public and follow all records management procedures required by the State. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of WestlakePage 1 of 1Printed on 10/10/2023 powered by Legistar™ Town of Westlake 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Town Council/Board of Trustees Meeting Minutes 4:00 PM Monday, September 25, 2023Council Chamber Present: Mayor Sean Kilbride, Mayor Pro Tem David Quint, Council Member Kim Greaves, Council Member Tim Shiner, Council Member Anna White, and Victor REGULAR MEETING –Call to Order (4:00 P.M.) A. Mayor Kilbride called the meeting to order at 4 p.m. PLEDGE OF ALLEGIANCE B. Mayor Kilbride led the Pledge of Allegiance and Pledge to the Texas Flag. C. CEREMONIAL ITEM(S): Presentation of a Proclamation recognizing October 5, 2023 as World C.1.23-251 Teachers’ Day in the Town of Westlake (Mayor Kilbride) Mayor Kilbride presented a proclamation recognizing October 5, 2023 as World Teachers Day to Interim Head of School Carolyn Anderson. C.2.23-228 Presentation and recognition of Westlake Academy’s 2023 AP scholars, 2023 recipients of the College Board National Recognition Program, and 2023-24 National Merit Semi-Finalists (Dr. Ownes/Carl Tippen) Dr. James Owen, High School Principal and Mr. Carl Tippens Counselor recognized the following students. College Board Nationally Recognized Program Students-Students who perform at a high level in either PSAT or AP Exams, and identify as Latino, Hispanic, Black, African American, Native, Indigenous, or attend high school in a rural area. Braxton, BellaHispanic, African-American Harnan, AnthonyHispanic Page 1 of 10 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 Novacheck, GraceIndigenous Ayad, AvaRural Barnard, GunnarRural Kilgore, BenjaminRural LoFrisco, LeoRural McKinney, AustinRural Nguyen; KeoniRural AP Scholars Granted to students who receive scores of 3 or higher on three or more AP Exams Bauer; Jack K.AP Scholar Gautier; AllieAP Scholar Green; Hunter E.AP Scholar Jangam; Samraat R.AP Scholar Khan; Danish A.AP Scholar Murway; Mia G.AP Scholar Nathan; MarioAP Scholar Page; Joshua C.AP Scholar Rogel; Vitali R.AP Scholar Spicer; Natalia G.AP Scholar Venkataramaiah; Anjani T.AP Scholar AP Scholars with National Recognition Program Milby; Eva G.AP Scholar, Hispanic Xotlanihua; Alejandro J.AP Scholar, Hispanic Bassett; Elizabeth G.AP Scholar, Rural Bhatia; NealAP Scholar, Rural Boedecker; JasonAP Scholar, Rural Castle; Eva A.AP Scholar, Rural Chin; Edward Y.AP Scholar, Rural Dasgupta; AryanAP Scholar, Rural Didarali; FaizAP Scholar, Rural Duggireddy; Harisrimanth R.AP Scholar, Rural Fennen; Carson T.AP Scholar, Rural Foley; Cathryn C.AP Scholar, Rural Huynh; Athena A.AP Scholar, Rural Kakani; ShreyaAP Scholar, Rural Kazarian; Joseph E.AP Scholar, Rural Lulla; Avni R.AP Scholar, Rural Malik; Kishwar M.AP Scholar, Rural Mallavarapu; Nithya S.AP Scholar, Rural Manchac; Harris J.AP Scholar, Rural Narra; VennelaAP Scholar, Rural Nguyen; Luc D.AP Scholar, Rural Rajpal; Kertan P.AP Scholar, Rural Flight; Megan V.AP Scholar, Rural, Hispanic Patel; Siya A.AP Scholar. Rural Page 2 of 10 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 AP Scholars with Honors, and National Recognition Programme Granted to students who receive an average score of at least 3.25 on all AP Exams taken, andscores of 3 or higher on four or more of these exams. Flowers; Grant A.AP Scholar with Honor, African-American, Rural Hernandez; Joseph E.AP Scholar with Honor, Hispanic Didarali; AlizaAP Scholar with Honor, Rural Page; Jacob C.AP Scholar with Honor, Rural Rowe; Macy M.AP Scholar with Honor, Rural Tseng; VincentAP Scholar with Honor, Rural AP Scholars with Distinction Granted to students who receive an average score of at least 3.5 on all AP Exams andscores of 3 or higher on five or more of these exams. taken, Aguirre; Sofia A.AP Scholar with Distinction Arayilakath; Rayhan N.AP Scholar with Distinction Azim; Ali A.AP Scholar with Distinction Maskey; NivaAP Scholar with Distinction Singh; AnhadAP Scholar with Distinction Wandrisco; Kate M.AP Scholar with Distinction AP Scholars with Distinction, and National Recognition Programme Cooke; Tyler N.AP Scholar with Distinction, Hispanic Seymour; Marisabel N.AP Scholar with Distinction, Hispanic, Rural Allison; EdenAP Scholar with Distinction, Rural Heredero; SilviaAP Scholar with Distinction, Rural Jackson; Juliana M.AP Scholar with Distinction, Rural Kumar; Aleesha P.AP Scholar with Distinction, Rural McKeon; Kyle D.AP Scholar with Distinction, Rural Roberts; MaxwellAP Scholar with Distinction, Rural Ye; DilongAP Scholar with Distinction, Rural AP International Scholar with Distinction In addition to being an AP Scholar with Distinction; two AP world languageand exams in a different language, an AP exam offering a global perspective, AP exam from either Math or Science, one additional AP exam, and has sent AP scores to a university outside of the US. Gougov; Christian P.AP International Diploma, Distinction National Merit Commended Students Rayhan Arayilakath Kate Wandrisco Maxwell Roberts Christian Gougov Anhad Singh National Merit Semi Finalists Christian Gougov Anhad Singh Page 3 of 9 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 C.3.23-230 Ceremonial item recognizing John Ard as the new Fire Chief (Wade Carroll). Town Manager Wade Carroll and Mayor Sean Kilbride conducted a ceremonial item acknowledging Jon Ard as the the new Fire Chief. Mayor Kilbride provided the Oath of Office. D. CITIZEN/PARENT COMMENTS: No comments were provided. E. ITEMS OF COMMUNITY INTEREST: Communications Director Jon Sasser provided a report on items of community interest. F. REPORTS AND PRESENTATIONS: Receive a Quarterly Financial Update (Cayce Lay Lamas) 23-202 F.1. Director of Finance Cayce Lay Lamas provided a quarterly financial update. The Town Council discussed deficit, surplus, tax exemptions, projected use of fund balance, expenditures, true surplus on consolidation, and contract staffing. Presentation and discussion of State Assessment Results for 2023 F.2.23-240 (Maxwell Ituah/Rod Harding) Mr. Maxwell Ituah MYP Principal and Rod Harding PYP Principal briefed Town Council regarding this item. The Town Council reviewed and discussed test scores, state requirements, plan of action to increase scores, vertical alignment, Math and Science and applied knowledge to help student performance. After discussion, Mayor Kilbride recessed for a short break. Presentation and discussion regarding International Trips for High 23-232 F.3. School Students (Beth Hughes) Ms. Beth Hughes Asst Principal High School provided an overview of the Spanish Immersion trip. The Town Council discussed student participation and capacity to accommodate. Consider approving the Texas Teacher Evaluation Support System 23-244 F.4. (TTESS) Appraisal Handbook; and take appropriate action (Jennifer Phillips) Assistant Middle School Principal Jennifer Phillips briefed the Town Council regarding this item. The Town Council discussed optional verses required participation, (Optional), past process, data sharing, teacher feedback, effects to future employment and any costs associated with utilizing the new system. Page 4 of 9 Town Council/Board of TrusteesMeetingMinutesSeptember 25, 2023 CONSENT AGENDA: G. Mayor Pro Tem Quint pulled Items G.2 and G.3 off Consent to allow for discussion. G.1.Consider approval of Town Council Board of Trustees Meeting Minutes 23-242 from the following meeting(s): August 30, 2023 (Special Called Meeting), and September 11, 2023 (Regular Meeting); and take appropriate action (Amy Piukana) Consider adopting Ordinance 980 approving a negotiated settlement G.2.ORD-980 between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2023 Rate Review Mechanism filing, declaring existing rates to be unreasonable, adopting tariff’s that reflect rate adjustments consistent with the negotiated settlement, finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest, approving an attachment establishing a benchmark for pensions and retiree medical benefits, requiring the company to reimburse ACSC’s reasonable ratemaking expenses, determining that this ordinance passed in accordance with the requirements of the Texas Open was Meetings Act; and take appropriate action (Wade Carroll) Town Manager Wade Carroll briefed Council regarding this item. The Town Council discussed the settlement, net total impact to residents and the percentage increase. (3-5% increase). G.3. RES 23-58 Consider approval of Resolution 23-58 approving an economic developmentanddevelopmentagreement forsubdivision improvements with Westlake RE Development Partners, Inc. for the Villaggio residential development located at the southwest corner of Pearson Lane and Dove Road; and take appropriate action (Ron Ruthven) Director of Planning and Development Ron Ruthven briefed Town Council regarding this item. The Town Council discussed development agreement, negotiated dollar amount of $15k for number of lots, exemption of three lots, number of lots to be sold (14), east side trail, and dedication of green space. aining his knowledge was Mr. Eason Makus spoke regarding this item, expl $15k for each lot with only 14 lots being sold. Mayor Kilbride took a short recess and reconvened at 6:20 p.m. After discussion, a motion was made by Council Member Shiner to approve G.1, G.2, as presented and to approve G.3 with the stipulation that the Developer provide the Town with $15,000 for 17 lots within the agreement. Motion seconded by Mayor Pro Tem Quint. Motion approved unanimously. Page 5 of 9 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 H.PUBLIC HEARING: Conduct a Public Hearing and consider approving Ordinance 979 H.1.ORD 979 adopting the FY 24 Town of Westlake Municipal Budget; and take appropriate action (Tabled from September 11, 2023 Town Council Meeting) (Cayce Lay Lamas) Director of Finance Cayce Lay Lamas briefed Town Council regarding this item. Town Council discussed Public Works positions proposed, Police and Fire budgets (noted Fire is 4 times larger than Police budget), real cost and need for detailed descriptive slides, proposed Capital Expenditures and need for discussion, lack of details, difficulty understanding where monies are spent, gap with pie chart, spending authority, transfer process offunds, need for financial policies, outside contractors, list of contracts and options if the budget doesn't pass tonight. After discussion, Mayor Kilbride opened the public hearing. There were no citizens that wished to speak. Mayor Kilbride closed the public hearing. Council Member Greaves made a motion to approve Ordinance 979 with the stipulation that the Town Manager provide a list of contractors, list of software and redline version of the proposed Financial Policy to Council by Friday, September29, 2023. Motion seconded by Council Member White. Motion approved unanimously. Receive a Report on the Proposed Tax Rate; Conduct a Public Hearing; H.2.ORD-975 Consider Adopting Ordinance 975 Approving an Ad Valorem Tax Rate; and take appropriate action (Tabled from the September 11, 2023 Town Council Meeting) (Cayce Lay Lamas) Ms. Cayce Lay Lamas was present to answer questions. Mayor Kilbride opened the public hearing. There were no citizens present. Mayor Kilbride closed the public hearing. e Ordinance 975, that the Motion made by Mayor Pro Tem Quint to approv property tax rate be increased by the adoption of the tax rate of 0.16788 dollars which is effectively a 7.59% increase in tax rate which is the exact same as last year. Motion seconded by Council Member White. Motion approved unanimously. REGULAR AGENDA ITEM(S) I. Consider a Resolution to Ratifythe Property Tax Increase as Reflected I.1.RES 23-54 in the FY 2024 Annual Operating and Capital Budget; and take appropriate action (Tabled from the September 11, 2023 Council Meeting) (Cayce Lay Lamas) Page 6of 9 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 Motion made by Council Member White to approve Resolution 23-54, as presented. Motion seconded by Council Member Shiner. Motion approved unanimously. I.2. 23-234 Discussion Regarding Town Financial Policies (Cayce Lay Lamas) Director of Finance Cayce Lay Lamas briefed Town Council regarding this item. The Town Council discussed the need to review these policies annually, Head of School review and feedback, Council notification of any changes, Council approval on any amendments, budget adjustments and conflicts with purchasing authority, identifying budgeted vs. non budgeted purchases, debt service, Town Manager spending reduction to $19,999 similar to Head of School, penalties for over spending budgeted funds, list of currentcontracts and vendors. Mayor Pro Tem Quint requested a redline policy for Council to review and provide feedback. He also requested a clear definition of emergency purchases, review of contract authority language (not all require a contract), administration of contracts (proper authorization), procurement card (creation of form to have staff execute their compliance.) I.3.23-237 Discussion regarding Cell Town Coverage (Wade Carroll) Town Manager Wade Carroll and Mr. Bobby Wells (via Zoom) representing AT&T briefed Town Council. The Town Council discussed the proposed cell tower request at the Fire Department (Council hasn't reviewed), areas needing cellular coverage, mapping focused areas, eastern and southern areas requesting coverage, size height of cell tower and schematics. Consider approving repairs to Back Flow Preventor Devices; and take I.4.23-248 appropriate action (Wade Carroll) Town Manager Wade Carroll briefed Town Council regarding this item. The Town Council discussed Local Government Code 252.022 (procurement exceptions and restrictionsfor emergency items), age and wear of backflow preventor device, purchasing policy, and funding. After discussion, a motion was made by Mayor Pro Tem Quint to approve funding ($14,214) for back flow preventordevicerepairs. Motion seconded by Council Member White. Motion approved unanimously. Page 8 of 10 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 I.5.RES 23-55 Consider approving Resolution 23-55 authorizing the Town Manager to purchase network security equipment, licensing, software, services, maintenance, and support in an amount not to exceed $240,000; or lease the same in an amount not to exceed $85,000 per year for 3 years; and take appropriate action. Information Technologies Director Jason Power briefed Town Council regarding this item. The Town Council discussed the need for a penetration test (offered to town), lifespan of hardware and software, current licensing agreement, options to extend, vendors, the need to consult with cyber/network security needs, and the need for an independent audit. After discussion, a motion was made by Council Member Shiner to table this item to the October 9, 2023,Town Council meeting. Motion seconded by Council Member White. Motion approved unanimously. J.CLOSED EXECUTIVE SESSION Mayor Kilbride recessed into closed executive session at 7:41 p.m. The Town Council will conduct a closed session pursuant to Texas J.1.23-224 Government Code, annotated, Chapter 551, Subchapter D for the following: 1.074 (a)(1) Deliberation regarding personnel matters: To (a) Section 55 deliberate regarding Westlake Academy (Head of School) (Mayor Kilbride) (b) Section 551.071 (2) Consultation with Attorney to seek advice of council regarding Admissions Policy for Westlake Academy K. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS No action, as a result of closed session. Consider and discuss executing an agreement with Diversified Search K.1.23-241 Group for recruitment of the Westlake Academy Head of School; and take appropriate action (Mayor Kilbride) This item wastabled to the October 9, 2023,Town Council meeting. L.FUTURE AGENDA ITEMS: Council Member Shiner requesteda future item to discussLicense Plate Readers (Flock Warrant Cameras) and an updateby Hugo's (Restaurant) at the next Town Council meeting. This future agenda item request was supported by Council Member White. Mayor Kilbride requested a safety review be conducted at the crosswalk next to the school to ensure a permanent solution is provided. This future agenda item request was supported by Council Member White. Page 9 of 10 Town Council/Board of TrusteesMeeting MinutesSeptember 25, 2023 M.COUNCIL RECAP/STAFF DIRECTION Mr. Carroll provided a Council recap noting the school crosswalk discussion, Hugo's at next meeting, Flock Warrant Camera's bid and location review, tabled the network security equipment to October 9, 2023, and he will provide the financial policies redline version to Council this week, and will provide a list of contractors and software by the endof the week. Mayor Pro Tem Quint stated that any new purchases of software, consultants or hires shall be reviewed by the Town Council until the policy is approved. N.ADJOURNMENT Mayor Kilbride adjourned the meeting at 9:17 p.m. Signed by: _____________________________ Sean C. Kilbride, Mayor Attested by: ____________________________ Amy M. Piukana, Town Secretary Page 10 of 10 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-62 Agenda Date:11/6/2023 Agenda #:I.1. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-62 authorizing an Engagement Letter with McCall Parkhurst & Horton for Public Improvement District Review; and take appropriate action (Wade Carroll, Town Manager) STAFF: Wade Carroll, Town Manager BACKGROUND: In July and August of 2023, Town Council met in joint sessions with the Planning and Zoning Commission to discuss avenues to aid the Entrada Development in moving forward. In our July session the Town Manager was tasked with working with our Bond Counsel for the PID to identify bond holders. The Town Manager made the request of Rudy Segura of McCall, Parkhurst & Horton to complete the study. DISCUSSION: The attached letter of engagement from McCall Parkhurst & Horton L.L.P. is for services related they will and have performed as the Town’s Bond Counsel for to meet the requests provided and within the scope of work within the agreement letter. All fees and expenses incurred will be paid for by the Town initially and then be reimbursed to the Twon from the special assessments levied against the PID. Bond Counsel has already put hours into this matter since the initial default back in March but the agreement allows counsel to bill the Town for work since August 1, 2023. FISCAL IMPACT: All fees are to be paid out of the administrative funds collected from the PID. Only initial payment of services provided will be billed to the Town of Westlake. All payments are to be reimbursed to the Town from the special assessment levied against the PID. STAFF RECOMMENDATION: Staff recommends the approval of the proposed scope of work and signing the engagement letter with McCall Parkhurst and Horton. ATTACHMENT(S): 1)Engagement letter 2)Resolution 23-62 TOWN COUNCIL ACTION/OPTIONS: 3)Motion to approve Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-62 Agenda Date:11/6/2023 Agenda #:I.1. 4)Motion to amend with the following stipulations (please state stipulations in motion) 5)Motion to table 6)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ September 26, 2023 Mayor and Members of the Town Council Town of Westlake, Texas 1500 Solana Boulevard Building 7, Suite 7200 Westlake, Texas 76262 Re: Bond Counsel services related to new and existing Public Improvement Districts Ladies and Gentlemen: The purpose of this engagement letter (this “Agreement”) is to set forth certain matters concerning the services McCall, Parkhurst & Horton L.L.P. (“we”, “us” or the “firm”) will perform as Bond Counsel to the Town of Westlake, Texas (“you” or the “Town”), in connection with the Town’s creation, financing, and ongoing maintenance and administration of various public improvement districts (“PIDs”) pursuant to Chapter 372 of the Texas Local Government Code, as amended (the “Act”). As the Town’s existing Bond Counsel, we have assisted the Town in creating one or more PIDs, and we have served as Bond Counsel with respect to one or more series of special assessment revenue bonds (“PID Bonds”) to finance authorized improvements within said PIDs. This Agreement is intended to apply only with respect to issues, questions, and concerns the Town and its consultants may direct toward us in connection with the ongoing maintenance and administration of the Town’s existing PIDs, as well as the creation of new PIDs, but not with regard to the issuance of PID Bonds, for which we are paid a separate fee. It is the parties’ expectation that all fees and expenses hereunder will be paid by the Town initially and then be reimbursed to the Town from special assessments levied against the respective PID, or paid directly to the firm by the owner(s) of the respective PID (collectively, “Developers”). SCOPE OF ENGAGEMENT In this engagement, we expect to perform, or have already performed on your behalf, the following duties: (1) Attend meetings with Town staff and its consultants, Developers and their representatives, and the Town Council, as requested by the Town or its consultants; (2) Draft Town Council resolutions as necessary in connection with the creation and administration of PIDs, and prepayments of PID Bonds; (3) Draft legal notices relating to PIDs and special assessments as required by the Act and coordinate the mailing and publication of such notices; (4) Draft Town Council ordinances relating to annual updates (“SAP Updates”) to the service and assessment plans (“SAPs”) for each PID, if requested by City staff; (5) Coordinate recordation of PID creation resolutions, ordinances levying special assessments, and SAP Updates with the respective county clerk(s), upon request by City staff; (6) Review and comment on draft development agreements prepared by Developers and their counsel; (7) Review and comment on reimbursement agreements (a.k.a., “funding and reimbursement agreements”, “construction funding agreements”, or similar contracts) prepared by Developers and their counsel; (8) Review and provide comments on other documents drafted by other parties that are necessary or appropriate to the creation or ongoing administration or restructuring of PIDs, coordinate the authorization and execution of such documents, and review enabling legislation; and (9) Review and advise Town on legal issues relating to the creation and structure of the PIDs. Our duties in this engagement are limited to those expressly set forth above. Unless we are separately engaged in writing to perform other services, our duties do not include any other services, including the following: (1) Rendering any legal opinion; (2) Reviewing any procurement requirements, procurement documents, or preparation or review of requests for bids or proposals or preparation or review of construction documents; (3) Drafting any real estate documents, including but not limited to any development agreements, deeds, deeds of trust, leases, easements, rights-of-way, etc.; (4) Assisting in the preparation of service and assessment plans as required by the Act; (5) Assisting in the collection of special assessments or contracts related thereto; (6) Assisting in the preparation or review of financial disclosure with respect to the Town, the Developers or the PIDs; (7) Assisting in obtaining any approval from any other state or federal agency, including without limitation the Texas Commission on Environmental Quality; (8) Drafting state constitutional or legislative amendments; (9) Pursuing any litigation; (10) Making an investigation or expressing any view as to the creditworthiness of the Developer or the financial viability of any development project; (11) Representing the Town in any examination or inquiry by any state or federal agency or authority; or (12) Addressing any other matter not specifically set forth above. ATTORNEY-CLIENT RELATIONSHIP Upon execution of this Agreement, the Town will be our client and an attorney-client relationship will exist between you and us. We further assume that all other parties in this transaction understand that we represent only the Town in this transaction, we are not counsel to any other party, and we are not acting as an intermediary among the parties. Our services as bond counsel are limited to those contracted for in this letter; the Town’s execution of this Agreement will constitute an acknowledgment of those limitations. NO BOYCOTT OF ISRAEL The firm hereby represents that during the term of this Agreement we do not, nor will we, boycott Israel, in compliance with and within the meaning of 50 U.S.C. Section 4607 and Section 2271.002, of the Texas Government Code. NOT ENGAGED IN BUSINESS WITH FOREIGN TERRORIST ORGANIZATION The firm hereby represents that neither the firm nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of the firm is an entity listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. NO DISCRIMINATION OF FIREARMS INDUSTRY The firm hereby verifies that it (1) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, as amended, and only if such statute is applicable to this Agreement. NO BOYCOTT OF ENERGY COMPANIES The firm hereby verifies that it does not boycott energy companies and, will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, as amended, and only if such statute is applicable to this Agreement. CONFLICTS As you are aware, our firm represents many political subdivisions and investment banking firms, among others, who do business with political subdivisions. It is possible that during the time that we are representing the Town, one or more of our present or future clients will have transactions with the Town. It is also possible that we may be asked to represent, in an unrelated matter, one or more of the entities involved in the proposed transaction. We do not believe such representation, if it occurs, will adversely affect our ability to represent you as provided in this letter, either because such matters will be sufficiently different from the proposed transaction so as to make such representations not adverse to our representation of you, or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the proposed transaction. Execution of this letter will signify the Town’s consent to our representation of others consistent with the circumstances described in this paragraph. FIRM NOT A MUNICIPAL ADVISOR As a consequence of the adoption of Rule 15Ba1-1 pursuant to the Securities Exchange Act of 1934 (the “Municipal Advisor Rule”), which has been promulgated by the Securities and Exchange Commission as a result of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), we hereby inform the Town that we are not a “Municipal Advisor” within the meaning of the Municipal Advisor Rule or the Dodd-Frank Act (collectively, the “MA Rule”). The MA Rule pertains to activities of persons and entities that provide financial advice to issuers of municipal securities, such as the PID bonds, and establishes a regimen of registration and compliance activities, and also establishes a regulatory fiduciary duty to the issuer of municipal securities, for persons and entities that are subject to the MA Rule. The MA Rule exempts attorneys from its provisions with respect to the provision of legal advice or services of a traditional legal nature involving the issuance of municipal securities or a municipal financial product. In its release promulgating the MA Rule, the Securities and Exchange Commission noted that it “recognizes that legal advice and services of a traditional legal nature in the area of municipal finance inherently involves a financial advice component.” The Securities and Exchange Commission also stated that it “recognizes that analysis, discussion, negotiation, and advice regarding the legal ramifications of the structure, timing, terms, and other provisions of a financial transaction by an attorney to a client are essential to the development of a plan of finance. In turn, these services become, among other things, the basis for a transaction’s basic legal documents, the preparation and delivery of the official statement or other disclosure document that describes the material terms and provisions of the transaction, the preparation of the various closing certificates that embody the terms and provisions of the transaction, the preparation and delivery of the attorney’s legal opinion.” We agree with those statements, and we hereby advise the Town that while we have expertise with respect to the legal aspects relating to the issuance of municipal securities, we are not “financial advisors” or “financial experts” in a manner that would subject us to the provisions of the MA Rule. We provide only legal advice, not purely financial advice that is not an inherent in our legal advice to the Town as Bond Counsel, as the Securities and Exchange Commission has acknowledged. The Town should seek the advice of its financial advisor with respect to the financial aspects of the issuance of any PID bonds. By signing this Agreement, the Town acknowledges receipt of this information, and evidences its understanding of the limitations of our role to the Town as Bond Counsel with respect to the MA Rule, and, further acknowledges that we are relying on the attorney exclusion provision of the MA Rule. FEES Based upon: (i) the duties we will undertake pursuant to this Agreement; (ii) the time we anticipate devoting to the proposed transactions; and (iii) the responsibilities we will assume in connection therewith, the Town shall pay our firm for each hour of work performed (calculated in ¼-hour increments) according to the following schedule: Partners: $600 per hour Associate Attorneys: $400 per hour In addition, the Town will reimburse us for out-of-pocket expenses incurred in connection with the proposed representation, such as travel costs, translation costs, newspaper publication costs, recording fees, photocopying, deliveries, telecopier charges, filing fees and other expenses. Our statements for payment of the above hourly fees and reimbursement for out-of-pocket expenses will be billed on or after the last business day of each calendar month, but only to the extent we have been asked to provide services hereunder during such calendar month. The Town hereby expressly agrees to pay the above hourly rates and expenses for hours actually worked and expenses actually incurred retroactively through August 1, 2023. With respect to the creation of any new PID not in existence as of the date hereof, the Town agrees we are to be paid a fee of $35,000 for each new PID hereafter created; provided, however, that such fee shall be paid directly to us by the respective Developer of said PID, and the Town shall not be obligated to pay such PID creation fee from its own funds. TERM AND TERMINATION This Agreement is considered executed once both parties have signed and continues in full force and effect until termination of this Agreement as follows: either party shall have the right to terminate this Agreement by giving thirty (30) calendar days written notice to the other party. In the event of any such termination, within thirty (30) calendar days after such notice, the Town shall pay us all sums earned and due to the firm hereunder up to the date of termination, and all fees, accrued time, and out-of-pocket expenses to the date of termination, including any time associated with transferring files and records to the Town or to third parties at the Town’s request. RECORDS At your request, papers and property furnished by you will be returned promptly upon receipt of payment for outstanding fees and client charges. Our own files, including lawyer work product, pertaining to the transaction will be retained by us. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials retained by us after the termination of this engagement. If the foregoing terms are acceptable to you, please so indicate by returning the enclosed copy of this Agreement dated and signed by an authorized officer, retaining the original for your files. We look forward to working with you. McCall, Parkhurst & Horton L.L.P. By: ______________________________ Rodolfo “Rudy” Segura Jr Accepted and Approved Town of Westlake, Texas By: ______________________________ Mayor Date: _______________, 2023 TOWN OF WESTLAKE RESOLUTION NO. 23-62 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH MCCALL PARKHURST & HORTON TO PROVIDE BOND COUNSEL SERVICES RELATED TO NEW AND EXISTING PUBLIC IMPROVEMENT DISTRICTS. WHEREAS, the Westlake Town Council finds that McCall, Parkhurst & Horton will provide the best value for all necessary related services for the Public Improvement Districts (PID); and WHEREAS, the cost for services will be paid by the Town initially and reimbursed to the Town from Special Assessments levied against the PID; and WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby authorizes the Mayor to execute the agreement with McCall, Parkhurst & Horton as shown on attached SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 9th DAY OF OCTOBER, 2023. _______________________ ATTEST: Sean Kilbride, Mayor ____________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-63 Agenda Date:10/9/2023 Agenda #:G.3. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-63 authorizing an interlocal agreement with Tarrant County for a Public Health Program; and take appropriate action (Wade Carroll, Town Manager) STAFF: Wade Carroll, Town Manager BACKGROUND: The Town of Westlake has had an agreement with the Tarrant County Health Department for health inspections for restaurants within the Town of Westlake. The costs of the required inspections are paid for by the restaurant ownership. The Town is notified if a restaurant does not pass inspection or is closed for any reason by the Tarrant County Health Department. The Attached ILA is the Town’s acknowledgment of program permit fee increases. The last Tarrant County Public Health Environmental Health (TCPH EH) program permit fee increase occurred in 2011. In 2019, the permit fee cap for counties per the Texas Health & Safety Code 437 was removed. Since 2019, TCPH EH has been evaluating and identifying new permit fee price points necessary to accommodate for increasing personnel and supply costs. These fees help cover the costs of administrating the food establishment permitting program and the inspections that are associated. The fees associated with these services have always been and will remain cost free to the Town. The Tarrant County Health Department also updated and adopted new food/pool codes under TAC Chapter 228 and Chapter 265 that are referenced in the attached MOU. DISCUSSION: If the ILA is not signed with the Tarrant County Health Department for restaurant permitting and health inspections is not signed, an agreement with another vendor for those services is required. FISCAL IMPACT: All fees associated with restaurant permitting and inspections are charged to the restaurant ownership. STAFF RECOMMENDATION: Staff recommends the approval of the ILA with Tarrant County for restaurant permitting and health inspections. ATTACHMENT(S): 1.ILA with Tarrant County 2.Resolution 23-63 TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-63 Agenda Date:10/9/2023 Agenda #:G.3. 3)Motion to table 4)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ INTERLOCAL AGREEMENT THE STATE OF TEXAS £ £ COUNTY OF TARRANT £ This Interlocal Agreement is between , and the Town OF Westlake Town. WHEREAS, Westlake is requesting the COUNTY x Food establishment inspection program services Public swimming pool and spa inspection program services Both Food establishment and Public swimming pool and spa inspection program services WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the Parties to enter into this Agreement. WHEREAS, the Commissioners Court of the COUNTY finds this Agreement service a public purpose. NOW, THEREFORE, the COUNTY and Town agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY shall provide Food establishment inspection program services: Provide services, through Tarrant County Public Health, to all public food establishment located within the corporate limits of the Town; Plan review and conduct Health opening approval inspection, routine inspection, follow-up inspections, complaint investigations; Provide certification of establishment for issuance of health permits; Notify the Town of violations of the current rules or rules as amended by the Executive Commissioner of Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments; Provide appropriate signs to be posted at public food establishment that do not meet the required standards; Document program activities within the Town via periodic reports; Collect fees from the inspected establishment; Inform Town, in writing, of any fee schedule changes immediately When required by law, verify food establishment manager training and food handler training and certifications. For Public swimming pool and spa inspection program services: Provide services, through Tarrant County Public Health, to all public and semi-public swimming pools, spas, and interactive water features located within the corporate limits of the Town; Plan review and conduct Health opening approval inspection, routine inspection, follow-up inspections, complaint investigations; Provide certification of establishment for issuance of health permits; Notify Town of violations of current rules or rules as amended by the Executive Commissioner of the Health and Human Services Commission for Standards for Public Pools and Spas (Texas Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757); Provide appropriate signs to be posted at public swimming pool and spa establishment that do not meet the required standards; Document program activities within the Town via periodic reports; Collect fees from the inspected establishment; Inform Town, in writing, of any fee schedule changes immediately following Tarrant County Commissioner When require by law, verify pool operator training certification. 2. CITY RESPONSIBLITY For Food establishment inspection program services Adopt the current rules or rules as amended by the Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments; Designate the Medical Director of Tarrant County Public Health Department as the Health Authority for the purposes of this agreement; Require all food establishments within the corporate limits of the Town to maintain a valid health permit; Agree all health permits fees are enforceable within thirty (30) days of Revise Town code/ordinance, where applicable, to adopt changes to the fees; Inform Tarrant County Public Health Manager for Environmental Health when code/ordinance are modified and when the updates are complete; Assign Tarrant County Public Health authority to collect health permit fees from permit applicants; and When required by law, require facilities to have certified food mangers and food handlers. For Public swimming pool and spa inspection program services Adopt the current Texas Health and Safety Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and 341.0695; Texas Health and Safety Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety Code, Tile 9, Subtitle A, Chapter 757; Adopt the current rules or rules as amended by the Executive Commissioner of the Health and Human Services Commission for Standards for Public Pools and Spas (Texas Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757); Designate the Medical Director of Tarrant County Public Health as the Health Authority for the purposes of this agreement; Require all public and semi-public swimming pools/spas within the corporate limits of the Town to maintain a valid health permit; Agree all Health permit fees are enforceable within thirty (30) days of Revise Town code/ordinance, where applicable, to adopt changes to the fees; Inform Tarrant County Public Health Manager for Environmental Health when code/ordinance are modified and when the updates are complete; Assign Tarrant County Public Health authority to collect health permit fees from permit applicants; Be responsible for enforcement of the Town When required by law, require facilities to have certified pool/spa operators. 3. CITY ENFORCEMENT If during an inspection of a food facility, pool or spa, Tarrant County Public Health Department personnel notices a violation of the Towncode, the Tarrant County Public Health Department shall notify the appropriate City official. The Town shall be responsible for the enforcement of the Town health ordinances. The COUNTY shall make available for testimony COUNTY personnel whose testimony may be required to support such enforcement action in accordance with the procedures established by CITY MUNICPAL COURT for the appearance of law enforcement officers. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. 5. THIRD PARTY This Agreement shall not be interpreted to inure to the benefit of a third party not a party of this Agreement. This Agreement shall not be interpreted to waive any statutory or common law defense, immunity, or any limitation of liability, employee, otherwise provided by law. 6. EXCLUSION OF INCIDENTAL DAMAGES Independent of, severable from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY NOR TO ANY PERSON CLAIMING INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE, OR EXEMPLARY DAMANGES OF ANY KIND, including lost profits, loss of business, or other economic damage and further including injury to property, mental anguish, or emotional distress. 7. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a joint venture between the parties. The Agreement does not appoint any party as agent for the other party. 8. GOVERNING LAW AND VENUE This Agreement shall be interpreted under the laws of State of Texas. The venue for any lawsuit arising out of this Agreement will be in the Fort Worth Division of the Northern District of Texas if the lawsuit arises in Federal Court or Tarrant County, Texas if the matter arises in State Court. 9. ASSIGNMENT This Agreement shall not be assigned or transferred and that any attempt to assign or transfer this Agreement or any of its rights or obligations shall be null and void. 10. SEVERABLITY If any court determines any provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect. 11. COMPLAINCE WITH LAWS In providing the services required by the Agreement, Town must observe and comply with all applicable federal, state, and local statues, ordinances, rules and regulations, incl minimum and maximum salary and wage statutes and regulations, and non- discrimination laws and regulations. Town shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. 12. EFFECTIVE DATE This Agreement become effective when signed by the last party whose signing makes the Agreement fully executed. 13. TERM This Agreement shall begin upon the approval of both the Town Council and either party with a minimum of 90 days written notice to the other party. 14. AMENDMENT No amendment, modification or alternation of the terms of this Agreement shall be binding unless the same is in writing and signed by both parties. 15. TERMINATION Either party may terminate this Agreement without cause by providing written notice of intent to terminate at least ninety (90) days prior to the intended date of termination. Written notice of intent to terminate shall be sent by certified mail, return receipt requested, to the other party at its address: Addresses: Tarrant County Public Health Town of Westlake Attn: Environmental Health Division Manger Attn: Town Manager 1101 S. Main St. 1500 Solana Blvd., Fort Worth, Texas 76104 Bldg 7, Ste 7200 Executed this 9th day of October, 2023. Town of Westlake STATE OF TEXAS COUNTY OF TARRANT By: _______________________ By: ______________________ Name: Sean Kilbride Title: Mayor, Town of Westlake County Judge Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: __________________________ By:____________________________ Name: Name: Title: Title: Date: Date: ATTEST: ATTEST: By: _______________________ By:___________________________ Name: Name: Title: Title: Date: Date: EH FEE SCHEDULE DESCRIPTION OF SERVICES Special Fund: F223 CONSUMER HEALTH Annual Public Pool & Spa permit fee $ 315.00 Pool Plan Review & Opening Inspection** $ 200.00 Contractual Inspections - School Districts (avg $150 per site visit)** $ 150.00 Food Service Permit: less than 500 sq. ft. $ 400.00 Food Service Permit: >500 =<less than 1500 sq. ft. $ 500.00 Food Service Permit: >1500 =<less than 3000 sq. ft. $ 600.00 Food Service Permit: >3000=<less than 6000 sq. ft. $ 700.00 Food Service Permit: >6000 sq. ft. or above $ 800.00 Food Service Permit: Adjunct Food Service $ 500.00 Food Service Permit: Adjunct Food Store - <less than 5000 sq. ft. $ 500.00 Food Service Permit: Adjunct Food Store - >5000 sq. ft. or above $ 600.00 Food Service Permit: Catering Operation $ 700.00 Food Service Permit: Child Care Facility $ 500.00 Food Service Permit: School Cafeteria w/ Contract $ 250.00 Food Service Permit: Commissary (non-prep) $ 400.00 Food Service Permit: Commissary (prep.) $ 600.00 Food Service Permit: Food Court $ 600.00 Food Service Permit: Mobile Unit (prepackaged) $ 400.00 Food Service Permit: Mobile Unit (preparation of food) $ 600.00 Food Service Permit: Mobile Unit (push cart) $ 600.00 Farmers Market $ 100.00 Food Store: <less than 5000 sq. ft. $ 600.00 Food Store: >5000 sq. ft. or above $ 800.00 Food Late Fee: 1-30 days 10% of fee Food Late Fee: 31-60 days 20% of fee Food Late Fee: 61-90 days 30% of fee Plan Review: >1500 sq. ft. or above $ 200.00 Plan Review: <1500 sq. ft. or below $ 100.00 Temporary Food Establishment 1-5 Days** $ 35.00 Temporary Food Establishment 6-14 Days $ 70.00 Required/Requested Reinspection $ 75.00 No Fee Changes, Fund: PH-T04 MISCELLANEOUS - CONSUMER/ENVIRONMENTAL HEALTH Duplicate Permits** $ 15.00 **indicates no fee increase TOWN OF WESTLAKE RESOLUTION NO. 23-63 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR A PUBLIC HEALTH PROGRAM. WHEREAS, the Westlake Town Council finds that an interlocal agreement with Tarrant County Public Health Department is necessary for health inspections for restaurants; and WHEREAS, the cost for services is included in the fees to cover administering food establishment permitting and inspections associated with it; and WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby authorizes the Mayor to execute the agreement with Tarrant County Public Health as shown on attached SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 9th DAY OF OCTOBER, 2023. _______________________ ATTEST: Sean Kilbride, Mayor ____________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-59 Agenda Date:10/9/2023 Agenda #:G.4. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-59 designating the Commercial Record of Tarrant County as the Official Newspaper; and take appropriate action (Amy Piukana, Town Secretary) STAFF: Amy Piukana, Town Secretary BACKGROUND: TheTownutilizesnewspapersforthepurposeofpublishingordinances,andallrequiredpublichearingsand noticesrequiredbylaw.InaccordancewithSection52.004(a)oftheTexasLocalGovernmentCode,statesas soonaspracticableafterthebeginningofeachmunicipalyear,thegoverningbodyofthemunicipalityshall contract with a public newspaper. InMarchof2023,theTownswitchedfromtheFortWorthStarTelegramtoTarrantCountyCommercial Recorderwhichresultedinsignificantcostsavingswithpublications.Staffisrecommendingcontinuingwith Tarrant County Commercial Recorder as the Town’s Official Newspaper of Record. Example Costs:Town of Pantego CO Notice of Intention (two publications): Star-Telegram quoted $2,356.92 to publish twice and required payment in advance. Town used Commercial Record, who charged $65.60. The Texas Government Code 2051.044 requires the following for official newspaper or record: The newspaper must devote not less than 25 percent of its total column lineage to general interest items; Publish at least once a week Be entered as second-class postal matter in the county where published; and Havebeenpublishedregularlyandcontinuouslyforatleast12monthsbeforethegovernmentalentity or representative publishes notice. AweeklynewspaperhasbeenpublishedregularlyandcontinuouslyunderSubsection(a)ifthe newspaper omits not more than two issues in the 12-month period. TheCommercialRecordermeetsallabovestaterequirementsandistheofficialpublicationforTarrantCounty for citations and legal notices. STAFF RECOMMENDATION: Staff recommends the Town Council consider approving Resolution 23-59, designating the Commercial Record of Tarrant County as the Official Newspaper. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve Resolution 23-59, as presented. Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-59 Agenda Date:10/9/2023 Agenda #:G.4. 2)Motion to approve with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ TOWN OF WESTLAKE RESOLUTION NO. 23-59 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF WESTLAKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 52.004, Local Government Code, requires the Town Council of the Town of Westlake, Texas ("Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the Town of Westlake, Texas ("Town"); and WHEREAS, Section 52.004(a) of the Texas Local Government Code states as soon as practicable after the beginning of each municipal year, the governing body of the municipality shall contract, as determined by ordinance or resolution, with a public newspaper of the municipality to be the municipality's official newspaper until another newspaper is selected; and WHEREAS, the Council finds that the Commercial Record of Tarrant County satisfies the requirements of Chapter 2051 of the Texas Government Code; 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: 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 determines and establishes the Commercial Record of Tarrant County as the official newspaper for Westlake. SECTION 3: That the Town Secretary is hereby directed to publish all notices and advertisements in the Commercial Record of Tarrant County in accordance with the Laws of the State of Texas. 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. Resolution 23-59 Page 1 of 2 SECTION 5:That this resolution shall become effective from and after its date of passage. th PASSEDAND APPROVED ON THIS 9DAY OF OCTOBER,2023. ________________________________ ATTEST:Sean Kilbride, Mayor ____________________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Resolution 23-59 Page 2of 2 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. TOWN STAFF REPORT RECCOMENDATIONS Conduct a public hearing and consider approval of Ordinance 982 authorizing a zoning change on Lot 1R1-1, Block 2, Westlake/Southlake Park Addition Number One, from the PD1-1 zoning district to the PD10 zoning district in order to construct a single-family residential development. The subject property contains approximately 32.88 acres and is located between Sam School Road and State Highway 114 just north of the boundary with the city of Southlake; and take appropriate action (Ron Ruthven, Director of Planning and Development) STAFF: Ron Ruthven, Director of Development and Planning Executive Summary (Including Applicable Organizational History) Lovett,onbehalfofthepropertyowner,SageWestpark,Ltd.,isrequestingtorezone32.88acreslocated betweenSamSchoolRoadandStateHighway114justnorthoftheboundarywiththecityofSouthlakefrom thePlannedDevelopmentDistrictNumberOne,PlanningAreaOne(PD1-1)districttoPlannedDevelopment DistrictNumber10(PD10)districtinordertodevelopthepropertyfor55single-familydetachedlotswith averagelotsizesvaryingbetween17,598squarefeetand3,750squarefeet.Theproposeddevelopmentwould becalled “Solana Hills”.ThecurrentzoningofthepropertycontainstheentiretyoftheSolanadevelopment and only allows for commercial uses. Existing Conditions Thepropertyiscurrentlyplattedandiszoned “PD1-1”.Thepropertyislargelyundeveloped.However,an abandonedgaswellpadsiteexistsontheeastsideoftheproperty.Theabandonedpadsitecontains approximately2.4acresandisconnectedtoSamSchoolRoadviaadirtdrive.Thewellheadonthesitehas beenpluggedandcappedpertherequirementsoftheTownandtheTexasRailroadCommissionanduseofthe site for future natural resource extraction has expired and is now prohibited. Thepropertycontainssignificantchangesintopographywith72feetofelevationchangebetweenitslowest andhighestpoints.Mostofthepropertycontainsoldgrowthcross-timberswoodlandswithalargefloodplain and drainage basin along the northwest portion of the property along Kirkland Branch Creek. Development Details Thedevelopmentwillincludesinglefamilydetachedhomes.Thestreetsinthedevelopmentareproposedtobe private with a single entrance point off of Sam School Road. Accordingtothedeveloper, “duetothe site’sproximitytoThePlazaatSolana,commercialorbusinessusewas notdeemedapriorityforthislocation.Theproposedzoningchangewouldbeforresidentialzoningonly,which willbenefittheexistingcommercialbusinessesatThePlaza.Duetosignificantslopeandgradeconditions, adjustmentstotheConcept/Developmentplanmaybenecessaryonacase-by-case basis”.Accordingtothe Town of WestlakePage 1 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. developer, the estimated price of the homes in the development would start at $1.2 million. Proposed Home and Lot Specifications The following is a breakdown of the housing specifications as proposed by the developer: AllhomesaresubjecttoreviewbytheDevelopmentArchitecttomaintainthehighestlevelofquality and design consistency throughout the development. Lots are categorized into distinct types, with corresponding home standards. Guidelinesaresetforthforeachtypetodeterminesize,setbacks,relationtostreets,massing,height, and architectural character. The following are the design criteria for each housing type: Type A -Large Lot Homes - 27 units a. Minimum Lot Size: 10,000 square feet b. Minimum Lot Width: 80 feet c. Minimum Unit Size: 3,000 square feet d. Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks e. Setback from Street: 20 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet (unless otherwise restricted by development setbacks) Type B - Large Lot SE Homes - 5 units a. Minimum Lot Size: 10,000 square feet b. Minimum Lot Width: 80 feet c. Minimum Unit Size: 3,000 square feet d. Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks e. Setback from Street: 10 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet (unless otherwise restricted by development setbacks) Type C - Patio Homes - 12 units a. Minimum Lot Size: 5,000 square feet b. Minimum Lot Width: 45 feet c. Minimum Unit Size: 3,000 square feet d. Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks e. Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback 3 feet Type D - Townhomes - 11 units a. Minimum Lot Size: 3,200 square feet b. Minimum Lot Width: 33 feet c. Minimum Unit Size: 3,000 square feet d. Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks e. Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback: 3 feet (unless otherwise restricted by development setbacks) *side setbacks may vary on certain lots as long as a minimum of 4’ building separation is maintained Town of WestlakePage 2 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. Proposed Minimum Design Standards The following is a breakdown of the minimum design specifications as proposed by the developer: Garages:Allhomesshallhaveaminimumof2enclosedparkingspaces.Garagedoorsshallbe madeofsectionalwoodorbewoodclad.Garagedoorsshallberecessedaminimumof(8)eight inches(nominal)fromtheplaneoftheadjacentwall.Frontfacinggaragedoorsareallowedif locatedfurtherbackonthelotthantheside-facinggarageportionandareinamotorcourt setting. Roofs: Permitted roof materials include: 1. High quality clay or concrete tile 2. Slate or synthetic stone 3. Metal: Traditional standing seam 4. Flat or low-pitched roofing not visible from the street may be of any code approved material. ExteriorWalls:Exteriorwallsshallmeettherequirementsofthe Town’sBuildingQuality Manual. Exterior wall materials may include Brick, Stone, and/or 3-Coat Stucco. DesignReview:Allhomedesignsshallbesubjecttoreviewbythe Developer’s “Development Architect”toensurecompliancewiththe Town’sBuildingQualityManualandthe Developer’s proposed design intent. Intermsofarchitecturalstyle,theexhibitsprovidedbytheapplicantindicateablendofColonial,Georgianand modernbuildingstyles.Consistentwithotherrecentlyapproveddevelopments,Staffrecommendsthatthe developerprovidedetaileddesignguidelinesthatareconsistentwiththeBuildingQualityManualasa condition of approval. Development Layout and Design AsrequiredforresidentialPDrequests,thedeveloperhasprovidedacombinationconcept/developmentplan. Theplanshows55singlefamilyresidentiallotseffectivelysurroundedbyopenspace.Thesmallerlotsare clusteredaroundtheareaoftheabandonedgaswellpadsite.Thissitewasoriginallygradedflatforthepad siteoperationsandthedeveloperproposestotakeadvantageoftheflatgradetoplacemoredensehousingin this area. Gross residential density, as proposed, stands at 1.67 dwelling units per acre (dua). The analysis below breaks down the overall development design and includes a comprehensive plan analysis. Tree Preservation and Landscaping Treepreservation.ThedeveloperproposesthattreepreservationmeetthegeneralTownrequirementsfortree preservation in the Code of Ordinances with the following exceptions specific to mitigation requirements: Existing trees located within street rights-of-way and trails be exempt; Town of WestlakePage 3 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. Existing trees located within designated driveway areas be exempt; Existing trees located within the building envelope be exempt; Existing trees within the side yard setback (except on the street facing side of corner lots) be exempt; Existing trees within an area of no more than five feet into the rear yard setback be exempt. Landscaping. The developer proposes the following landscaping requirements: Landscapebeds(includinggravelmulch)shallbelocatedalongthefoundationlineofallstructures, exceptwherepavingisadjacenttothestructure,andmustextendawayfromthefoundationaminimum of five feet. Aminimumofone(1),3.5-inchcalipertreeshallbeplantedper30linearfeetofroadway,one(1)on eachsideofthestreet,fromanapprovedhardwoodtreelist.Existingtreesmaybecountedtosatisfythis requirement. Atthetimeofbuildingpermitissuance,eachlotshallplantatleasttwo(2)3.5-inchcalipertreesfrom an approved hardwood tree list. Existing trees may be counted to satisfy this requirement. LandscapeZoneRequirements.ForanydevelopmentadjacenttoSH114,the Town’sCodeofOrdinances requiresalandscapezonewithanaveragewidthof150feetandminimumwidthof100feetfromthehighway right-of-way.Basedontheproposalbythedeveloper,thislandscapezonewouldbeamaximumof125feetin widthlocatedwithinanHOAopenspacelot.Asaconditionofthisrequest,inordertopromotetheintentof thelandscapezonerequirementandbufferingthedevelopmentfromSH114noiseandotherassociated nuisances,staffrecommendsthattherebesufficientlandscapingplanted,orinplace,suchthattheview betweentrafficandthehighwayandhomeswithinthedevelopmentiscompletelyscreenedatalltimes.This mayrequiretheplantingofadditionallandscapingbythedeveloperinreducedlandscapezone.Therevised exhibits show an example of this requirement. Open Space and Parkland Dedication OpenSpace.Thetotal private openspaceinthedevelopmentisproposedtobe14.66acres(44.6%ofthetotal developmentarea).Almostalloftheproposedopenspacewillbeforpassiveuseandutilizedforbufferingand preservationofexistingnaturalareasandfloodplains.However,inadditiontoamannedguardhouse,0.84 acresofopenspacelocatedinthetownhomeareaswillbeactiveandincludefutureamenities,asyet unidentified. Parklanddedication.TheCodeofOrdinancesrequiresthatoneacreofparklandbededicatedforevery30 residentialdwellingunitsinanewresidentialdevelopment.Basedontheproposalof55residentialunits,the applicantisrequiredtoprovideaminimumof1.83acresofparkland.Thedeveloperrequestsawaivertothis requirement.TheCodeofOrdinancesallowsforthepaymentofafeeinlieuofparklanddedication.Giventhe locationofanexisting11.6-acretownownedparkoppositeSamSchoolRoadfromthesubjectproperty,staff agreesthatnoadditionalparklanddedicationisneededaspartofthedevelopmentandrecommendsthe paymentofafeeinlieudedication,asallowedbythesubdivisionregulations,beprovidedasaconditionof approval. Sidewalks and Trails Thedeveloperproposestoconstructsidewalksalongtheinternalstreets.Staffrecommendsasidewalkbe Town of WestlakePage 4 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. constructed along Sam School Road adjacent to the development. ApublictrailconnectionwillbebuiltconnectingtheexistingtrailalongthewestsideofSamSchoolRoadto thedevelopment.ThetrailwillthenparalleltheKirkwoodBranchCreekwhereitwillconnecttoafuture pedestrianbridgethatwillconnecttotheSolanaPlazadevelopment.Constructionoftheproposedbridgewill berequiredasaconditionofapprovalwithmorespecificdetailsincludingdesign,costs,andschedulestobe provided in the required development agreement. Fencing Accordingtothedeveloper, “fencingshallbeconstructedprimarilyofmasonryand/ormetalpickets.To preservenaturalvistas,fencingbetweenlotsandalongnaturalareasshallbedesignedinawaytoprovidea generalsenseofopennessandvisibility.Exceptionsmaybemadeforprivacyorutilityconcerns.Fencing facingSamSchoolRoad,aspartofthecommunityentrance,maybeconstructedofmasonryandusedtoscreen views where necessary due to privacy, security, or utility concerns.” Nospecificdesignswereprovidedforfencing.Staffrecommendsthatallfencing,ataminimum,complywith therequirementscontainedinthe ’sdevelopmentregulationsandtheguidelinescontainedwithinthe Building Quality Manual. Traffic, Streets, Parking and Access Theinternalstreetsareproposedtobeprivatewithastreetsectionof30feet(faceofcurbtofaceofcurb),ina Private Street ROW. TheentrancefromSamSchoolRoadwillcontainamannedguardhouseandconsistofadualentrance, providingtwopointsofvehicularaccessintothedevelopment.Eachentrydrivewillhaveaminimumwidthof 24feet,whichsatisfiestheemergencyaccessrequirementsforthedevelopment.Theentranceintersectionwith Sam School Road will also align with Terra Bella Drive. Atrafficimpactanalysis(TIA)wassubmittedaspartofthedevelopmentrequest.AccordingtotheTIA,based onthe55singlefamilyunitsproposed,thedevelopmentwouldgenerateatotalof579dailyvehicletrips.The TIA does not recommend any roadway facility improvements based on estimated traffic to be generated. SamSchoolRoadisnotshownontheMasterThoroughfarePlanasacollectororarterialandnoadditional right-of-waydedicationisrequired.However,aportionofSamSchoolRoadadjacenttothesubjectpropertyis unimproved.Thisunimprovedareaispartofalargerunimprovedarea,approximately500feetinlength,as SamSchoolRoadtransitionsfromWestlakeintoSouthlake.Therefore,aspartofthedevelopmentagreement, staffrecommendsthatthedevelopereither(1)payitsproportionatecostshareofroadwayimprovementsinto anescrowaccountforfutureconstruction,or(2)constructandimprovealloftheexistingunimprovedportions ofSamSchoolRoadandbecreditedbytheTownforthe developer’snon-proportionalroadwayimprovement costs. This can be further determined and detailed in the development agreement. StaffrecommendsthatanentrymarkerbeplacedalongSamSchoolRoadenteringWestlakefromthesouth. Additional details shall be contained within the development agreement. Although the development to adjacent to SH 114, no access to the SH 114 service road is proposed. Utilities and Drainage Thedeveloperhasprovidedpreliminaryutilityandengineeringplansforreview.Althoughhomesinthe Town of WestlakePage 5 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. developmentwillberequiredtoconnecttoTownwaterutilitiesinstalledbythedeveloper,thesubjectproperty islocatedwithinthecityof Southlake’swaterutilityservicearea,calledaCertificateofConvenienceand Necessity(CCN),andregulatedbytheStateofTexas.InorderfortheTowntobeabletoprovidewater utilitiestothedevelopment,theTownandSouthlakemustenterintoafutureinterlocalagreementand/oragree toamendtheCCNboundary.SouthlakestaffhaveprovidedTownstaffapreliminaryindicationofapprovalof an agreement contingent upon the approval of the zoning change. MostofthedevelopmentwilldraintothenorthandwestintotheexistingKirklandBranchCreek.On-site detention requirements will be analyzed upon submission of civil construction plans. Platting and Development Agreement Uponapprovalofthezoningchange,theexistingplatofthepropertywillberequiredtobevacated,afterwhich thedevelopermustsubmitapreliminarysiteevaluationandfinalplatpriortopermitissuance.Thedeveloper and the Town will be required to enter into a development agreement as well. Pre-grading of Individual Lots Pre-gradingofindividuallotsisdiscouragedbytheBuildingQualityManualinordertomaximizethe preservationofthenaturaltopographyoftheland.Thelotgradingpanprovidedbythedevelopercomplies withthisrecommendation.Therefore,staffrecommendsthatthisrequirementbeplacedinthefinalordinance approving the development. Comprehensive Plan Analysis The2015ComprehensivePlan-LandUsePlandesignatesthesubjectpropertyas “CC2-A:Community Commercial/ViewShed Zone”.Itisimportanttonotethatthesezonesaremorecharacterbasedthanusebased withthefocusofthe development’simpacton,andsymmetrywith,thenaturalfabricoftheTown.The character statement for this zone is quoted from the Land Use Plan as follows: “CommunityCommercial2(CC2):TheCommunityCommercial2Districtgenerallyliesbetweenthe CommunityCommercial1DistrictsandthePastoralCommunityDistricts.Therefore,theCommunity Commercial2Districtismeanttobealandusedensitytransitionfromhighwayfrontingcommercialuseto landscapedominatedresidentialuse.Therefore,buildingheightandtheamountofopenlandsurrounding commercialusesinthisareaisimportant.CommercialdevelopmentoftheCommunityCommercial2Districtis meanttobemore “office campus”-likedevelopment,whereinthecorporateaddressesareessentiallycorporate estatessittingonlarge,landscapedsitesinamannersimilartothePastoralCommunityresidentialpatterns. ’sinthisdistrictwillbelowerthanthe.4to.45:1embeddedinmostPlannedDevelopmentordinances. ’sshouldbesimilartolevelsofdevelopmentseenatFidelityInvestments.However,thatsmallsegmentof theCommunityCommercial2DistrictlocatedinaViewShadeZonecantoleratedevelopmentthatsomewhat exceedscurrentlypermittedlevels.Further,anotherportionoftheCommunityCommercial2Districtislocated inthehighgroundofaviewterminal.Inthiscase,effortsshouldbetakentopreservethelandformby exportingdevelopmentdensitytoanotherLandUseDistrictasidentifiedintheLandUsePlan(CC-1,TC-1TC -2,orRC).Detentionfacilitiesasrequiredforcommercialdevelopmentshouldberetentionpondslocatedsoas tobeinthepublicview.Alargerpercentageofsiteopenspace,buildingheightsnotexceedingfourstories, naturalanddriftedlandscape,andretentionpondsvisibletothepublicviewarecharacteristicsofthe CommunityCommercial2District.ThisDistrictisabuildingheightandcoveragesendingzone.Itis encouragedthatexportationofbuildingsquarefootagebeforthepurposeofsupportinglow ’s,moreopen spaceorconversionfromcommercialtotransitionalresidentialuse(aspertheHousingPlantofollow)in areas that abut existing residential zoning. Town of WestlakePage 6 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. Basedonthelastsentenceintheaboveparagraph,asaproposedtransitionalresidentialusecontainingover 40%openspaceessentiallyservingasabufferareabetweenlowdensitypastoralresidentialandahigh-traffic freeway,theproposeddevelopmentgenerallycomplieswiththeCommunityCommercial2guidelinesasstated above. ReportCardandAnalysisofdevelopmentcompliancewithindividualComprehensivePlanGoalsand Objectives GoalA:Futureviewsfromresidentialareasshouldpresentqualitiesofvista,natural-ness,pastoral/ agricultural character, and sense of openness that exist today. Report:PreservingtheopenspacecorridoralongKirkwoodBranch,providingnaturalareas,andmaintaining the natural topography of the land, the development complies with this recommendation. GoalB:Futuredevelopmentshouldperpetuatepicturesqueandpastoralqualitiesthatpromoteavisual identity associated with rural-ness. Report: Complies (see above comment) GoalC:Futuredevelopmentshouldembodyrecognizablequalityofbuildingandsitedesignaswellas maintain an overall balance and continuity between commercial and residential portions of the Town. Report:ThedevelopmentproposalprovidesadditionaltransitionalhousingopportunitiesfortheTownand servestoprovidesymmetricalbalancebetweenthehomogenousnatureoftheSolanacampusandhousingthat is within close proximity and walkable, similar to The Knolls, Granada, and Entrada developments. GoalD:FutureWestlakeshouldcontinuetobeaplacewhereonecanlivea “slow paced”lifestyleinaquiet, rural like setting. Report:TheconnectionoftheTowntrailsystem,theproximitytoanewpark,theamountofopenspaceand buffering provided serve to meet this goal. GoalE:FutureWestlakeshouldcontainessentialscenic,cultural,andarchitecturalfeatureswhicharea legacy of its rural heritage. Report:TheopenspacelinkageandspaceprovidedalongwithhomesthatwillcomplywiththeBuilding QualityManualandprovideadistinctivenessasonetransitionsfromthesouthtothenorthalongSamSchoolto help to meet this goal. GoalF:FutureWestlakeshouldcometogetherasanoveralltownformwithanidentifiabletowncenter, residentialareas,andemploymentareas,tiedtogetherbystreets,trails,andtransitionalbuffersthat maximize resident convenience and protect residential areas from commercial encroachment. Report:Theproposeddevelopmentmeetsallaspectsofthisgoal.Thepedestriantie-intotheSolana development will further aid in meeting this goal. GoalG:Futuredevelopmentshouldcreateagreaterlevelofamenityandresidentialcompatibilityforthe Town of WestlakePage 7 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. Town. Report:Theproposeddevelopmentprovidesadditionaloptionsforexecutivehousingandcomplimentsthe Solana development. GoalH:FutureWestlakeshouldhaveacoherenttrailsystem(pedestrianandbiketrails)thatlinks residential areas to important destinations within the Town. Report: The development complies. GoalI:FutureWestlakeshouldhaveafunctionalroadwaynetworkthatprotectspropertyvaluesandrural characterbyprovidingadditionalroadcapacitywhereneededtopreventtheencroachmentofcommercial traffic into residential areas and keeps commercial circulation north of residential areas. Report:TheproposeddevelopmentwilladdadditionalvehicletrafficontoSamSchoolRoad/PeytonvilleRoad. ThetrafficwilldissipateatDoveRoadonthesouthandSolanaBlvd.onthenorth.TerraBellaDriveisa private,gatedstreet.Therefore,nocut-throughtrafficisanticipated.SolanaBoulevardprovidestheprimary traffic access to the Solana development. The development generally complies with this goal. GoalJ:FutureWestlakeshouldreducevehiculartripsandpromotepedestriansafety/conveniencethrough the provision of trails, sidewalks, and public transit. Report: Complies. GoalK:FutureWestlakeshouldhaveclearlydefinedresidentialandcommercialareasthatreinforcesingle- familyvaluesandneighborhoodsaswellasdistinguishedWestlakefromothercitiesandtownshipsinthe general region. Report:Asatransitionalresidentialarea,similarincharactertoTheKnolls,thatwilloffereasyaccessto nearby amenities yet be buffered from peripheral impacts, the development complies with this goal. GoalL:FutureWestlakeshouldcontinuetohaveanAdValoremtaxbasesufficienttoservefuturefinancial needs. Report:ThecurrentadvaloremvalueoftheSolanaPlaza,adjacenttothesubjectproperty,whenproportioned fortheidenticalacreageofthesubjectpropertyis$84,656,577.Theproposedtotaldevelopmentvalue providedbythedeveloperis$141,000,000.Evenwithahighercostofserviceforsinglefamilyresidential,the proposedadvaloremvalueofthedevelopmentatbuild-outiscomparableifnotgreaterthanforanew commercial development on the subject property. GoalM:FutureWestlakeAcademyshouldmeettheeducationalneedsof Westlake’sfuturepopulationwith continued high quality educational services and facilities. Report:Academyimpactsmaybeaddressedaspartofamutuallyenteredintoeconomicdevelopment agreement. Goal N: Future Westlake should be an educational center. Town of WestlakePage 8 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. Report: N/A GoalO:FutureWestlakeshouldtransformfuturedetentionneedsintoasystemofdistinctivewaterfeatures and amenities for the Town. Report:On-sitedetentionwillbedetermineduponahydrologyanalysisaspartofthecivilconstructionplan submittal. GoalP:FutureWestlakeshouldhavesufficientinfrastructureandemergencyservicestoassurethe continued health and safety of the Town’s full-time and day-time populations. Report:Theproposeddevelopmentwillhaveminimalimpactonexistingemergencyservicecapacityand response. GoalQ:FutureWestlakeshouldbeamodelofwaterconservationandenvironmentalpreservationforthe area. Report:TheproposeddevelopmentwillpreservetheKirkwoodBranchriparianareaandopenspacecorridor and preserve existing tree clusters in designated open space and natural areas. GoalR:FutureWestlakeshouldbeatownofferingitsresidentsdistinctiverecreationandpark opportunities. Report:Theproposeddevelopmentwillcontinuetheopenspacecorridorshownonthecomprehensiveplan openspaceplan,willprovidenewtrailsandconnectivitytoexistingtrails,andwillescrowmoneyforfuture park improvements to the adjacent, existing town owned park south of Life Time Fitness. Other Comprehensive Plan recommendations: Build-outhousingunits.Thecomprehensiveplanestimatesthetotalbuild-outpopulationforWestlakeat 6,766people.Thisisbasedonatotalbuild-outhousingcountof2,376units.Baseduponcurrentresidential entitlementsallowedbybothzoningandthedevelopabilityofland,therearecurrentlyonly2,001possible housingunitsatbuild-out,leavingacurrentsurplusof375unitsbasedonthestatedbuild-outabove.Taking intoaccountthecurrentdevelopmentproposal,ifapproved,theabovenotedsurpluswoulddecreaseto316 units.Therefore,theproposaldoesnotimpacttheprojectedtotalbuild-outoftheTownandatransferof development intensity is not required. Inconclusion,thedevelopmentgenerallycomplieswiththerecommendationsofthecomprehensiveplanas detailed above. Planning and Zoning Commission Recommendation OnSeptember19,2023,thePlanningandZoningCommissionvoted(5-0)torecommendapprovalofthisitem as presented in this memo. Summary and Recommendation Theproposeddevelopmentwillresultinrezoningthepropertyfromacommercialtoresidentialuse.Giventhe treecoverandtopographyoftheproperty,staffagreesthatanycommercialdevelopmentofthepropertywould Town of WestlakePage 9 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. bedifficulttoexecutewithoutsignificantalterationofthelandtosuitthedevelopment.Whereas,with residentialdevelopment,thenaturaltopographycanbesomewhatmaintainedwithopenspacepreservedina morenaturalway.Staffalsoagreesthatatransitionalresidentialuseonthepropertycanbettercomplimentthe homogenousnatureoftheSolanadevelopmentinmuchthesamewaythatTheKnolls,GranadaandEntrada havedoneinprovidinghigh-quality,walkableresidentialdevelopmentsintransitionalareasbetweentheSolana development/SH114corridorandthemorepastoralareastothesouth.Theproposallargelycomplieswiththe recommendations of the comprehensive plan as noted herein. Therefore,staffrecommendsapprovalsubjecttothefollowingconditions,whicharecontainedinOrdinance 982: “Section 1 - General A.ThepurposeofPD10isforadetachedsingle-familyresidentialdevelopmentofnotmorethan 55 residential lots with a gross maximum density of 1.67 dwelling units per acre. B.Thedevelopmentauthorizedbythisordinanceshallbegenerallyconsistentwithallprovisions andgraphicscontainedtheConcept/DevelopmentPlan,attachedasExhibit “C”,the developmentdescription,attachedasExhibit “D”.Intheeventofaconflictbetweentheterms of Exhibit “B” and Exhibits “C” and “D”, the terms of Exhibit “B” shall control. C.Platting 1.Thedevelopershallsubmit,andreceiveapprovalfor,apreliminarysiteevaluationprior to any land disturbance activities; 2.Priortoanylanddisturbanceactivities,thedevelopershallsubmit,andrecordupon approval,avacateandreplatthatvacatesLot1R1-1,Block2fromthe Westlake/Southlake Park Addition Number One; 3.Priortothefinalacceptanceofpublicimprovements,approvalofprivatestreetsand releaseofresidentialbuildingpermits,thedevelopershallsubmit,andreceiveapproval for, a final plat, which shall be platted as a single phase. 4.ThefinalplatnotedaboveshallberecordedwiththeCountyClerkpriortothereleaseof any residential building permits. 5.Priortoanylanddisturbanceactivities,thedevelopershallsubmitadevelopment agreementforfinalapprovalbytheTownCouncilpertherequirementsoftheCodeof Ordinances. D.Permitted Uses - The following are permitted principal and accessory uses: 1.Single Family Detached Homes 2.Open Space 3.Private Streets 4.Drainage facilities (including retention and detention ponds) 5.Guard house 6. Accessory Uses (as authorized in the Town’s zoning regulations) E. Homeowner’s Association - The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area maintenance, amenities, private street Town of WestlakePage 10 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. maintenance, and enforcing the HOA Design Guidelines for the community. The Homeowner’s Association shall appoint an Architectural Review Committee that must have at least one (1) Texas Licensed Architect with experience in applying Design Guidelines and advising an Architectural Review Committee on matters of design. F.AllplanssubmittedforpermitwithinthisdevelopmentshallbepreparedbyaTexasLicensed Architectandcontainsufficientdetailsrequiredtoexplainthefullexteriorconstructiontoa competent contractor. Section 2 - Residential Design Standards A.LotandHousingSpecifics:Thefollowingaretheminimumdesigncriteriaforeachhomeinthe development as categorized below and shown on Exhibit “C”: 1.Type A -Large Lot Homes - 27 units a.Minimum Lot Size: 10,000 square feet b.Minimum Lot Width: 80 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks e.SetbackfromStreet:20feet-SideSetbacks:5feet-RearSetback:5feet(unless otherwise restricted by development setbacks) 2.Type B - Large Lot SE Homes - 5 units a.Minimum Lot Size: 10,000 square feet b.Minimum Lot Width: 80 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks e.SetbackfromStreet:10feet-SideSetbacks:5feet-RearSetback:5feet(unless otherwise restricted by development setbacks) 3.Type C - Patio Homes - 12 units a.Minimum Lot Size: 5,000 square feet b.Minimum Lot Width: 45 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks e.Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback 3 feet 4.Type D - Townhomes - 11 units a.Minimum Lot Size: 3,200 square feet b.Minimum Lot Width: 33 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks e.SetbackfromAlley:0feet-*SideSetbacks:1foot-RearSetback:3feet(unless otherwise restricted by development setbacks) Town of WestlakePage 11 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. 5.Foranyaboveasterisks(*),Sidesetbacksmayvaryoncertainlotsaslongasa minimum of 4’ building separation is maintained. B.Special Setback Provisions: 1.Thereshallbeaminimumbuildingsetbackof125feetfromStateHighway114,and50 feet from Sam School Road. C.Garages:Allhomesshallhaveaminimumof2enclosedparkingspaces.Garagedoorsshallbe madeofsectionalwoodorbewoodclad.Garagedoorsshallberecessedaminimumof(8)eight inches(nominal)fromtheplaneoftheadjacentwall.Frontfacinggaragedoorsareallowedif locatedfurtherbackonthelotthantheside-facinggarageportionandareinamotorcourt setting. D.Permitted roof materials include: 1.High quality clay or concrete tile 2.Slate or synthetic stone 3.Metal: Traditional standing seam 4.Flatorlow-pitchedroofingnotvisiblefromthestreetmaybeofanycodeapproved material. E.ExteriorWalls:Exteriorwallsshallmeettherequirementsofthe Town’sBuildingQuality Manual. Exterior wall materials may include Brick, Stone, and/or 3-Coat Stucco. F.DesignGuidelines:Priortotheapprovalofthefinalplat,thedevelopershallsubmitfinal designguidelinesforapprovalbytheTownCouncilthatshallberecordedwiththeprivatedeed covenants,conditionsandrestrictions.Saidguidelinesshallincorporatetherecommendations containedintheWestlakeBuildingQualityManualreferencedabove.Withtheexceptionofany guidelineprovisionaddressingaparticulararchitecturalstyle,saiddesignguidelinesshallbe enforcedbyTownstaffinreviewingbuildingpermitapplicationsforcompliancewiththe provisionsabove.Guidelineprovisionstobeenforcedbystaffinclude,butmaynotbelimited to,generalbuildingarticulation,massing,fenestration,roofslope,constructiondetailsand building materials. G.DevelopmentEntry-Thedevelopmententrydesignandmaterialsshallbeconstructedpriorto the acceptance of public improvements and shall be generally consistent with Exhibit “D”. Section 3 - Landscaping, Open Space, Water Features, Tree Preservation and Parkland Dedication A.Landscaping:Notlaterthantheapplicationforthefinalplan,thedevelopershallsubmita masterlandscapeplanforthedevelopmentpreparedbyaStateofTexasregisteredlandscape architect.SaidplanshallbereviewedforfinalapprovalbytheTownManagerortheir designee. The following landscaping requirements shall be met: 1.Landscapebeds(includinggravelmulch)shallbelocatedalongthefoundationlineof Town of WestlakePage 12 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. allstructures,exceptwherepavingisadjacenttothestructure,andmustextendaway from the foundation a minimum of five feet. 2.Aminimumofone(1),3.5-inchcalipertreeshallbeplantedper30linearfeetof roadway,one(1)oneachsideofthestreet,fromanapprovedhardwoodtreelist.Existing trees may be counted to satisfy this requirement. 3.Atthetimeofbuildingpermitissuance,eachlotshallplantatleasttwo(2)3.5-inch calipertreesfromanapprovedhardwoodtreelist.Existingtreesmaybecountedto satisfy this requirement. B.TreePreservation-Allprotectedtreesshallrequiremitigationupondamageorremovalas requiredbytheCodeofOrdinances.Wherepossible,oldgrowthtreesandtreeclustersshould bepreservedasidentifiedinthemasterlandscapeplan.Thefollowingareasareherebyexempt from the requirements for tree mitigation: 1.Roadways and trails 2.The residential building envelope 3.The designated driveway area 4.The side yard setback (except on the street facing side of corner lots) 5.An area of no more than five feet into the rear yard setback C.Open Space 1.Aminimumof14.66acres(44.66%)ofthedevelopmentshallbereservedasopenspace. Allopenspace,includingpublicandprivate,shallbesubstantiallyconsistentwith Exhibit “C” and “D” and other provisions contained herein. 2.Openspacelandscapebuffersshallbeaminimumof125feetinwidthfromSH114and 50 feet from Sam School Road. 3.AllexistingprotectedtreesshallremaininplaceinopenspaceareasadjacenttoSH114, SamSchoolRoadandwithinthefloodplain.Notincludingroof-tops,openspaceareas adjacenttoroadwaysmustcontainsufficientlandscapingtosufficientlyscreentheview ofallhomesinthedevelopmentfromsaidroadway.Asshownontherequiredlandscape plannotedabove,landscapingshouldincludeamixofdeciduousandnon-deciduous vegetation.Thedevelopershallensuresaidlandscapingisinplacepriortotherelease forbuildingpermitsinthedevelopmentandsaidlandscapingshallbemaintainedbythe HOA. D.ParklandDedication-Inlieuofanyparklanddedication,thedevelopershallpayaparkland dedicationfeeasrequiredbytheCodeofOrdinances.Thefeeamountandanyotherconditions relatedtothisrequirementshallbedeterminedaspartofthedevelopmentand/oreconomic development agreement between the Town and the developer. Section 4 - Fencing A.FencingshallbeconsistentwithdetailscontainedintheExhibit “D”.However,wherea Town of WestlakePage 13 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. conflictexistsbetweenExhibit “D”andtheBuildingQualityManualorCodeofOrdinances, The Building Quality Manual and Code of Ordinances shall control. Section 5 - Streets, sidewalks/trails, parking, access and other improvements A.Streets-ASpecificUsePermit(SUP)isherebygrantedforallcommunitystreetswithinPD10, whichshallbeprivateandconstructedtoTownstandards.Alloutdoorlightingshallcomply with the Town’s outdoor lighting requirements. B.SamSchoolRoad-WhereSanSchoolRoadiscurrentlyunimprovedadjacenttothesubject property,thedevelopershallpaytheTowntheirproportionatecosttoimprovetheroadto currentstandardswhichshallbepaidintoescrowforfutureimprovementstoSamSchoolRoad. Thetermsofthisrequirementmaybefurtheramendedandalteredaspartofthedevelopment agreement. C.SidewalksandTrails-Internalsidewalksshallbebuiltalonginternalstreetsasshownon Exhibit “C”.Thedevelopershallconstructaminimumeight(8)footpublictrailalong KirkwoodBranchbetweenSamSchoolRoadandtheinternaltrailconnectionthatwill potentiallylinktoabridgeconnectingthedevelopmenttotheSolanadevelopmentasdepicted on Exhibit “C”. D.Aminimumfive(5)footsidewalkshallbeconstructedalongSamSchoolRoadadjacenttothe development prior to final acceptance. E. Parking - Guest parking shall be provided as shown on Exhibit “C”. F.EntryGatesandAccess-GatesshallbedecorativeandthemainentryfromSamSchoolRoad shallcontaintwopavedaccessroads,oneoneachsideoftheguardhouseasshowninExhibit “D”. Minimum roadway width at the gate shall be 24 feet for each side. G.PedestrianbridgeoverMarshallBranchCreek-Apedestrianbridgeisherebyauthorizedtobe constructedoverMarshallBranchCreeklinkingthepublictrailandtheprivatedevelopment trailtotheSolanadevelopmentasdepictedinExhibit “C”subjecttofloodway/floodplain requirementsandengineeringapprovals.Furtherdetailsonconstructionofthebridge,funding, access rights and feasibility may be contained in the development agreement. H.EntrymarkeronSamSchoolRoad-Aneasementshallbeshownonthefinalplatallowingfor thefutureplacementofanentrymarkeronthenorthboundsideofSamSchoolRoadadjacentto thesubjectproperty.Thefinallocationoftheeasementshallbeincludedinthedevelopment agreement. Section 6 - Utilities, Drainage and Grading A.PublicUtilities-WaterandsewerserviceshallbeprovidedbytheTownofWestlaketothis development.Thedevelopershall,attheircost,constructallnecessarywaterandsewersystem improvements per Town standards and shall secure any necessary easements. B.DuctBank-ADuctBanksystemshallbeinstalledbytheDeveloperthroughoutthesubdivision Town of WestlakePage 14 of 15Printed on 10/10/2023 powered by Legistar™ File #:ORD-982 Agenda Date:10/9/2023 Agenda #:H.1. asrequiredbyTownordinances.TheDuctBankshallbelocatedwithinautilityeasement,the finaldetailsofwhichshallbedeterminedbytheTownManagerordesignee.Thehomebuilder shall tie into the Duct Bank prior to the Final Inspection for the home. C.Stormwater-Stormwaterfacilitiesshallbeinstalledbythedeveloperandemployfacilitiesthat arerecommendedbythecomprehensiveplan.Finallocationanddesignofsaidfacilitiesshall require the final approval of the Town Manager or designee. D.LotGrading-Gradinganddisturbanceoflandbythedevelopershouldbelimitedtoareas necessarytoconstructpublicimprovements.Thepre-gradingofindividualresidentiallotsbythe developerforthepurposeofcreatingaresidentialpadisdiscouraged.Giventheextremeslope oftheproperty,allowancesforpre-gradingshallbedetailedinthedevelopmentagreementand design guidelines.” Town Council Action Options The Town Council has the following options regarding action this item: Approve Ordinance 982 as written Approve Ordinance 982 with modifications or additional condition(s) Table the item to a specific date with clarification of intent and purpose Send the item back to the Planning and Zoning Commission with recommended modifications Deny Ordinance 982 (with or without prejudice) Attachments 1.Location Map 2.Zoning Map 3.Future Land Use Map 4.Westlake Subdivision Comparison Table 5.Proposed Concept/Development Plan 6.Development Narrative and Exhibits Provided by Developer 7.Ordinance 982 Town of WestlakePage 15 of 15Printed on 10/10/2023 powered by Legistar™ /źƷǤ ƚŅ {ƚǒƷŷƌğƉĻ ƚƓ ağƦ ЌЋ͵ББ ğĭƩĻƭ {ǒĬƆĻĭƷ tƩƚƦĻƩƷǤ \[ƚĭğ {ƚƌğƓğ tƌğǩğ CǒƷǒƩĻ tğƩƉ ƚǞƓ ƚŅ ĻƭƷƌğƉĻ CźƷƓĻƭƭ \[źŅĻ źƒĻ {ǒĬƆĻĭƷ tƩƚƦĻƩƷǤ ƚƓźƓŭ ağƦ {ǒĬƆĻĭƷ tƩƚƦĻƩƷǤ CǒƷǒƩĻ \[ğƓķ ƭĻ ağƦ Solana Hills RECORD DESCRIPTION ITEMS CORRESPONDING TO SCHEDULE BITEMS CORRESPONDING TO SCHEDULE B - cont.VICINITY MAP - NOT TO SCALEMISCELLANEOUS NOTES A.L.T.A./N.S.P.S. LAND TITLE SURVEY LOT 1R1-1, BLOCK 2, MINOR PLAT OF LOTS 1R1-1, 3 & 4, BLOCK 2 OF WESTLAKE/SOUTHLAKE PARK 1. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARY BOYS, LLC. ADDITION NO. 1, ACCORDING TO THE MAP RECORDED IN INSTRUMENT NO. D216001903, PLAT 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW:R. THE RIGHT TO PROHIBIT, LIMIT, RESTRICT OR CONTROL ACCESS TO HIGHWAY STATE HIGHWAY 114, AS TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, RIGHTS OF WAY OR TITLE RESTRICTIVE COVENANTS DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 9451, PAGE 1967, REALSET FORTH IN INSTRUMENTS FILED 7/14/1987, RECORDED IN VOLUME 9006, PAGE 943, FILED 10/18/1999,RECORDS, TARRANT COUNTY, TEXAS. PROPERTY RECORDS, TARRANT COUNTY, TEXAS. RESTRICTIVE COVENANTS DESCRIBED IN INSTRUMENTRECORDED IN VOLUME 14056, PAGE 461 AS COUNTY CLERK'S FILE NO. D199260911, AND FILED 10/18/1999,OF RECORD. BOUNDARY BOYS, LLC. RELIED UPON STEWART TITLE GUARANTY RECORDED IN VOLUME 14007, PAGE 477, AS COUNTY CLERK'S FILE NO. D199233297, REAL PROPERTYRECORDED IN VOLUME 14056, PAGE 476 AS COUNTY CLERK'S FILE NO. D199260926, REAL PROPERTY COMPANY'S, COMMITMENT NO. 842370(S-TX-CP-LTX)E, EFFECTIVE JUNE 17, 2018, RECORDS, TARRANT COUNTY, TEXAS. AS AFFECTED BY CONFIRMATION FILED APRIL 18, 2001, RECORDEDRECORDS, TARRANT COUNTY, TEXAS. (RIGHT-OF-WAY DEDICATION AREA PLOTTED) ISSUED JULY 10, 2018. IN VOLUME 14834, PAGE 12, AS COUNTY CLERK'S FILE NO. D201082802, REAL PROPERTY RECORDS, THE LANDS SURVEYED, SHOWN AND DESCRIBED HEREON ARE THE SAME LANDS AS DESCRIBED IN TARRANT COUNTY, TEXAS. RESTRICTIVE COVENANTS DESCRIBED IN INSTRUMENT RECORDED IN VOLUMES. RECIPROCAL ACCESS EASEMENT, PARKING AGREEMENT AND RESTRICTIONS COVENANTS EXECUTED THE TITLE COMMITMENT PROVIDED BY STEWART TITLE GUARANTY COMPANY, COMMITMENT NO. 7435, PAGE 502, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. ANY COVENANTS, CONDITIONS ORBY MAGUIRE PARTNERS-SOLANA LIMITED PARTNERSHIP, FILED 9/21/2000, RECORDED IN VOLUME 14532, 2. THE BEARINGS ARE BASED ON A PORTION OF THE SOUTH LINE OF LOT 1R1, RESTRICTIONS INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,PAGE 619 AS COUNTY CLERK'S FILE NO. D200214659, REAL PROPERTY RECORDS, TARRANT COUNTY, 842370(S-TX-CP-LTX)E, DATED JUNE 17, 2018, ISSUED JULY 10, 2018. RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN ARE HEREBY DELETED TO THE EXTENTTEXAS. AS AFFECTED BY CONSENTS FILED 4/18/2001, RECORDED IN VOLUME 14834, PAGE 23 AS COUNTY BLOCK 2, OF WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1, AS IT IS SITUATED IN SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604 (C). (BLANKET IN NATURE OVERCLERK'S FILE NO. D201082813 AND VOLUME 14834, PAGE 34 AS COUNTY CLERK'S FILE NO. D201082824, THE COUNTY OF TARRANT, STATE OF TEXAS, ACCORDING TO THE PLAT THEREOF THE SURVEYED PROPERTY)REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. AS SHOWN ON RECORDED PLAT FILED FOR RECORD UNDER COUNTY CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS.RECORDED IN CABINET "A", SLIDE 6263, RECORDS OF TARRANT COUNTY, SAID LINE 2. - 9. NOT SURVEY ITEMS.(BLANKET IN NATURE OVER THE SURVEYED PROPERTY) BEING MONUMENTED AS SHOWN HEREON AND BEARING N88°29'50"W. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENTS CREATING OR OFFERING EVIDENCE OFT. TERMS, PROVISIONS, CONDITIONS, EASEMENTS, OBLIGATIONS, ASSESSMENTS AND LIENS CONTAINED THE MATTERS:IN INSTRUMENT RECORDED IN VOLUME 9451, PAGE 1967, REAL PROPERTY RECORDS OF TARRANT 3. THIS ALTA/NSPS LAND TITLE SURVEY, AND THE INFORMATION HEREON, MAY NOT COUNTY, TEXAS. AS SHOWN ON RECORDED PLAT FILED FOR RECORD UNDER COUNTY CLERK'S FILE NO. BE USED FOR ANY ADDITIONAL OR EXTENDED PURPOSES BEYOND THAT FOR A. - B. NOT SURVEY ITEMS.D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) WHICH IT WAS INTENDED AND MAY NOT BE USED BY ANY PARTIES OTHER THAN C. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL, LIGNITE, OIL, GAS AND OTHERU. TERMS, PROVISIONS, CONDITIONS, EASEMENTS, OBLIGATIONS, ASSESSMENTS AND LIENS CONTAINED THOSE TO WHICH IT IS CERTIFIED. MINERALS, TOGETHER WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING THERETO, APPEARINGIN INSTRUMENT RECORDED IN VOLUME 14007, PAGE 477, REAL PROPERTY RECORDS OF TARRANT IN THE PUBLIC RECORDS WHETHER LISTED IN SCHEDULE B OR NOT. THERE MAY BE LEASES, GRANTS,COUNTY, TEXAS. AS AFFECTED BY CONFIRMATION FILED 4/18/2001, RECORDED IN VOLUME 14834, PAGE 12 EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE NOT LISTED. (BLANKET IN NATURE, MAYAS COUNTY CLERK'S FILE NO. D201082802, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. 4. THERE ARE 0 REGULAR AND 0 HANDICAP STRIPED PARKING SPACES FOR A APPLY TO SURVEYED PROPERTY)(BLANKET IN NATURE OVER THE SURVEYED PROPERTY) TOTAL OF 0 PARKING SPACES ON THE SUBJECT PROPERTY. D. EASEMENT TO TRI-COUNTY ELECTRIC COOPERATIVE, INC. RECORDED 10/27/1997 IN/UNDER VOLUMEV. ANY AND ALL EASEMENTS, BUILDING LINES, AND CONDITIONS, COVENANTS, AND RESTRICTIONS AS SET 9105 PAGE 190, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY CONSENTFORTH IN PLAT RECORDED UNDER D216001903 OF THE MAP RECORDS OF TARRANT COUNTY, TEXAS. 5. THERE IS ADEQUATE INGRESS TO AND EGRESS FROM THE SUBJECT PROPERTY FILED 9/10/1997 RECORDED IN VOLUME 12902, PAGE 333 AS COUNTY CLERK'S FILE NO. D197166823, OF THE(BLANKET IN NATURE OVER THE SURVEYED PROPERTY) REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. (PLOTTED)PROVIDED BY SAM SCHOOL ROAD, A PUBLIC RIGHT-OF-WAY. W. MEMORANDUM OF OIL, GAS AND MINERAL LEASE, AND ALL TERMS, CONDITIONS AND STIPULATIONS E. EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED 12/8/1987 IN VOLUME 9140, THEREIN FROM LESSOR, REDUS TEXAS LAND, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO LESSEE, PAGE 532, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY INSTRUMENTSO.G.P. OPERATING, INC., A TEXAS CORPORATION RECORDED 11/7/2016 IN COUNTY CLERK'S FILE NO.6. ANY BURIED UTILITY OR PIPE LINES ARE AS SHOWN PER SURFACE EVIDENCE. FILED 12/8/1987, RECORDED IN VOLUME 9140, PAGE 591 AND FILED 9/10/1997, RECORDED IN VOLUME 12902,D216262652, OF THE OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. TITLE TO SAID INTEREST HAS BOUNDARY BOYS, LLC WAS NOT SUPPLIED AS-BUILT DRAWINGS OF THE PAGE 334 AS COUNTY CLERK'S FILE NO. D197166824, OF THE REAL PROPERTY RECORDS, OF TARRANTNOT BEEN INVESTIGATED SUBSEQUENT TO THE DATE OF THE AFORESAID INSTRUMENT. (BLANKET IN CONSTRUCTED UTILITY LINES. IF ANY UNDERGROUND UTILITY LOCATIONS ARE COUNTY, TEXAS. (PLOTTED)NATURE OVER THE SURVEYED PROPERTY) NEEDED EXACTLY, THEY WILL HAVE TO BE VERIFIED BY FIELD POTHOLEING THE F. EASEMENT TO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RECORDED 12/30/1987 IN VOLUME 9156, X. MINERAL AND/OR ROYALTY INTEREST IN MINERAL DEED RECORDED: IN COUNTY CLERK'S FILE NO. EXISTING UTILITIES. BOUNDARY BOYS, LLC. AND THE SURVEYOR OF RECORD SHALL PAGE 776, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY INSTRUMENTSD217014384, OF THE OFFICIAL PUBLIC RECORDS, OF TARRANT COUNTY, TEXAS, FROM REDUS TEXAS LAND,SITE FILED 12/24/1989, RECORDED IN VOLUME 9738, PAGE 2354 AND FILED 9/10/1997, RECORDED IN VOLUMELLC, A DELAWARE LIMITED LIABILITY COMPANY TO CAA MINERAL HOLDINGS, LLC, A TEXAS LIMITED NOT BE LIABLE FOR THE LOCATION OF OR THE FAILURE TO NOTE THE LOCATION OF 12902, PAGE 335 AS COUNTY CLERK'S FILE NO. D197166825, OF THE REAL PROPERTY RECORDS, OFLIABILITY COMPANY. TITLE TO SAID INTEREST HAS NOT BEEN INVESTIGATED SUBSEQUENT TO THE DATE NON-VISIBLE UTILITIES. TARRANT COUNTY, TEXAS. (PLOTTED)OF THE AFORESAID INSTRUMENT. (BLANKET IN NATURE OVER THE SURVEYED PROPERTY) G. EASEMENT TO ENSERCH CORPORATION RECORDED 1/20/1988 IN VOLUME 9172, PAGE 727, REALY. NOT A SURVEY ITEM. MAP SUPPLIED BY GOOGLE MAPS7. SUBJECT PROPERTY CONTAINS 1,432,374 SQUARE FEET, 32.883 ACRES MORE OR PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY CONSENT FILED 9/10/1997, LESS. RECORDED IN VOLUME 12902, PAGE 336 AS COUNTY CLERK'S FILE NO. D197166826, REAL PROPERTYZ. EASEMENT TO THE TOWN OF WESTLAKE RECORDED 4/18/2016 IN COUNTY CLERK'S FILE NO. D216078585, RECORDS, TARRANT COUNTY, TEXAS, AND AS SHOWN ON PLAT RECORDED IN VOLUME 388-214, PAGE 78,OF THE REAL PROPERTY OF TARRANT COUNTY, TEXAS. (NOT LOCATED ON SURVEYED PROPERTY) OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) 8. THERE ARE NO VISIBLE SIGNS OF RECENT EARTH MOVING WORK, BUILDING AA. EASEMENT TO THE TOWN OF WESTLAKE AND THE TRINITY RIVER AUTHORITY OF TEXAS, RECORDED H. EASEMENT TO STATE OF TEXAS RECORDED 3/10/1996 IN VOLUME 4187, PAGE 592, OF THE REAL9/29/2016 IN COUNTY CLERK'S FILE NO. D216228089, OF THE REAL PROPERTY RECORDS OF TARRANT CONSTRUCTION, OR BUILDING ADDITIONS. PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. SHOWN ON RECORDED PLAT FILED FOR RECORDCOUNTY, TEXAS. (PLOTTED) UNDER COUNTY CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) AB. EASEMENT TO THE TOWN OF WESTLAKE AND THE TRINITY RIVER AUTHORITY OF TEXAS, RECORDED9. THERE ARE NO CHANGES IN STREET RIGHT-OF-WAY WHICH BOUNDARY BOYS, I. EASEMENT RESERVED BY THE UNITED STATES OF AMERICA IN INSTRUMENT RECORDED 12/14/1960 IN9/29/2016 IN COUNTY CLERK'S FILE NO. D216228090, OF THE REAL PROPERTY RECORDS OF TARRANT LLC., IS AWARE OF, NOR OBSERVED EVIDENCE OF STREET/SIDEWALK REPAIRS OR VOLUME 3527, PAGE 644, OF THE REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. SHOWN ONCOUNTY, TEXAS. (PLOTTED) PLAT RECORDED UNDER COUNTY CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY,CONSTRUCTION. TEXAS. (PLOTTED)AC. EASEMENT TO THE TOWN OF WESTLAKE AND THE TRINITY RIVER AUTHORITY OF TEXAS, RECORDED 9/29/2016 IN COUNTY CLERK'S FILE NO. D216228091, OF THE REAL PROPERTY RECORDS OF TARRANT 10. THERE ARE NO VISIBLE SIGNS OF A CEMETERY/BURIAL GROUNDS ON SUBJECT J. EASEMENT TO THE CITY OF SOUTHLAKE RECORDED 11/29/1995 IN VOLUME 12180, PAGE 1534, OF THECOUNTY, TEXAS. (PLOTTED) REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. SHOWN ON PLAT RECORDED UNDER COUNTYPROPERTY. CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) K. EASEMENT TO THE TOWN OF WESTLAKE, TEXAS RECORDED 6/7/2001 IN VOLUME 14933, PAGE 121 AS11. THE SURVEYOR DID NOT OBSERVE ANY AREA DELINEATED AS WETLANDS BY COUNTY CLERK'S FILE NO. D201128541, OF THE REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. APPROPRIATE AUTHORITIES. THE SURVEYOR IS NOT AN EXPERT IN DETERMINING (PLOTTED) THE LOCATION OF WETLAND AREAS. L. SUBJECT TO THE ORDER ADOPTING AIRPORT ZONING REGULATIONS OF THE DALLAS-FORT WORTH REGIONAL AIRPORT, ORDINANCE NO. 71-100, IMPOSED BY THE JOINT AIRPORT ZONING BOARD OF THE 12. THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY DALLAS-FORT WORTH REGIONAL AIRPORT, FILED SEPTEMBER 2, 1982, RECORDED IN VOLUME 7349, PAGE 1106, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. (BLANKET IN NATURE OVER THE SURVEYEDOF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A PROPERTY) CATEGORY 1A CONDITION 2 SURVEY. SIGNIFICANT OBSERVATIONS M. EASEMENTS, BUILDING LINES, OWNER'S CERTIFICATION AND ALL MATTERS LISTED HEREIN, AS SHOWN ON THE PLATS RECORDED IN VOLUME A, PAGE 283 AND VOLUME A, PAGE 6263, PLAT RECORDS OF 13. NOTICE: ACCORDING TO TEXAS LAW, YOU MUST COMMENCE ANY LEGAL ACTION TARRANT COUNTY, TEXAS. (PLOTTED) BUILDING EXTENDS ONTO SUBJECT PROPERTY BY ±0.5' BASED UPON ANY DEFECT IN THIS SURVEY NOT LATER THAN 10 YEARS AFTER THE (POSSIBLE ENCROACHMENT) N. TERMS, PROVISIONS, CONDITIONS, AND EASEMENTS AS LISTED HEREIN AND CONTAINED IN DATE THE SURVEY IS COMPLETED. (TITLE 2(B) CHAPTER 16(A) SEC.16.011 MEMORANDUM OF COST SHARING AND RECIPROCAL EASEMENT AGREEMENT FILED 11/18/1988, RECORDED (A)(1)(2)(B)). IN VOLUME 9437, PAGE 1127, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BYBUILDING EXTENDS ONTO SUBJECT PROPERTY BY ±0.4' INSTRUMENT FILED 9/10/1997 RECORDED IN VOLUME 12902, PAGE 338 AS COUNTY CLERK'S FILE NO.(POSSIBLE ENCROACHMENT) D197166828, REAL PROPERTY RECORDS, TARRANT COUNTY TEXAS. (PLOTTED) 14. ADDRESS OF 1301 SOLANA BOULEVARD, WESTLAKE, TX, WAS OBTAINED FROM THE TARRANT COUNTY APPRAISAL DISTRICT WEBSITE. O. MINERAL AND/OR ROYALTY INTEREST SET OUT IN INSTRUMENT RECORDED 12/12/2006 IN COUNTY CLERK'S FILE NO. D206391569, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AND ALSO FILED 12/12/2006, RECORDED UNDER COUNTY CLERK'S FILE NO. 2006-150852, OF THE REAL PROPERTY RECORDS, ALTA/NSPS LAND TITLE SURVEY OF TARRANT COUNTY, TEXAS. TITLE TO SAID INTEREST HAS NOT BEEN INVESTIGATED SUBSEQUENT TO THE DATE OF THE AFORESAID INSTRUMENT. (BLANKET IN NATURE OVER THE SURVEYED PROPERTY) P. MINERAL LEASE, AND ALL RIGHTS INCIDENT THERETO, DATED 9/29/2008, TO RANGE TEXAS PRODUCTION, Solana Dallas L.L.C., A DELAWARE LIMITED LIABILITY COMPANY FROM MAGUIRE PARTNERS - SOLANA MINERALS, L.P., A TEXAS LIMITED PARTNERSHIP, AS EVIDENCED BY NOTICE OF OIL, GAS AND MINERAL LEASE, FILED B & C Project No. 201802156, 005 12/2/2008, COUNTY CLERK'S FILE NO. D208441806, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. DESIGNATION OF UNIT FILED 9/16/2009, RECORDED UNDER COUNTY CLERK'S FILE NO. D209247993, Parcel C-LOT 1R1-1, PARCEL 42194537, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. TITLE TO SAID INTEREST NOT CHECKED Tarrant County, TX SUBSEQUENT TO THE DATE THEREOF. (BLANKET IN NATURE OVER THE SURVEYED PROPERTY) Q. NOT A SURVEY ITEM. Based upon Title Commitment No. 842370(S-TX-CP-LTX)E of Stewart Title Guaranty Company bearing an effective date of June 17, 2018, issued July 10, 2018 ZONING INFORMATION Surveyor's Certification THE SURVEYOR WAS NOT PROVIDED WITH ZONING INFORMATION BY THE INSURER PURSUANT TO TABLE A ITEM 6. To: To Be Determined; Stewart Title Guaranty Company; and Bock & Clark Corporation. Thisistocertifythatthismaporplatandthesurveyonwhichitis basedweremadeinaccordancewiththe2016MinimumStandard DetailRequirementsforALTA/NSPSLandTitleSurveys,jointly establishedandadoptedbyALTAandNSPS,andincludesItems1,2, 3,4,6a,6b,7a,7b(1),7c,8,9,13,14,16,17,18,and20ofTableA thereof. The field work was completed on June 11, 2018. LEGEND OF SYMBOLS & ABBREVIATIONS David C. Holmes Registration No. RPLS 6595 - Firm No. 10194189 SET NO.5 REBAR 24" LONG WITH YELLOWIn the State of Texas LOCATION OF HEIGHT MEASUREMENT LEGEND PLASTIC CAP STAMPED "RPLS 6595" Date of Plat or Map: August 2, 2018 CLEANOUT(UNLESS OTHERWISE NOTED) (M)MEASURED Date of Last Revision: August 7, 2018 FOUND MONUMENT AS DESCRIBED (D)DEEDEDSANITARY MANHOLE Network Project No. 201802156-005 (P)PLATTED CALCULATED POSITION STORM GRATE (C)CALCULATED TETRASH ENCLOSURESurvey Performed By: STORM MANHOLE FENCE BOLLARDBoundary Boys, LLC TELEPHONE PEDESTAL SIGNOVERHEAD ELECTRIC LINEP O Box 2441 TELEPHONE MANHOLE MAILBOXGAS LINEHarker Heights, TX 76548 Phone: 303-709-7899 RISER FLOODLIGHTSANITARY LINE Email: d.holmes@boundaryboys.com FIRE HYDRANT ELECTRIC MANHOLESTORM LINE WATER MANHOLE ELECTRIC METERTELEPHONE LINE VENT PIPE ELECTRIC POWERWATER LINE WATER VALVE ELECTRIC POLEMANHOLE (UNKNOWN TYPE) FIBER OPTIC VAULT MARKER GASVAULT (UNKNOWN TYPE) MARKER FIBER OPTIC GAS METERBRICK PAVEMENT REINFORCED CONCRETE PIPE GAS VALVECONCRETE PAVEMENT National Coordinators ALTA/NSPS LAND TITLE SURVEY FLOOD NOTEPROJECT REVISION RECORDLEGAL PREPARED FOR DATEDESCRIPTIONDATEDESCRIPTION 1-(800)-SURVEYS (787-8397) THE USE OF THIS DOCUMENT'S FORMAT IS STRICTLY PROHIBITED AND CONTINGENT UPON THE By graphic plotting only, this property is in Zone X and AE of the Flood Insurance Rate Map, Community Panel SOLANA DALLAS WRITTEN CONSENT AND PERMISSION OF BOCK & CLARK CORP. 8/2/2018FIRST DRAFT No. 48439C0085K, which bears an effective date of September 25, 2009, and is not in a Special Flood Hazard Bock & Clark Corporation © 2018 BOCK AND CLARK CORP.DATE OF FIELD SURVEY: JUNE 7, 2018 Area. By telephone call dated June 7, 2018, to the National Flood Insurance Program (800-638- 6620) we have8/7/2018NETWORK COMMENTS learned this community does currently participate in the program. No field surveying was performed to determine3550 W. Market Street, Suite 200, Akron, Ohio 44333NETWORK PROJECT NUMBER. 201802156-001 this zone and an elevation certificate may be needed to verify this determination or apply for a variance from the maywehelpyou@bockandclark.com FIELD WORK:DRAFTED:CHECKED BY:FB & PG: Federal Emergency Management Agency.1-(800)-SURVEYS (787-8397) www.bockandclark.com maywehelpyou@bockandclark.com www.bockandclark.com A.L.T.A./N.S.P.S. LAND TITLE SURVEY A.L.T.A./N.S.P.S. LAND TITLE SURVEY ALTA/NSPS LAND TITLE SURVEY ALTA/NSPS LAND TITLE SURVEY PREPARED FOR PREPARED FOR SOLANA DALLAS SOLANA DALLAS DATE OF FIELD SURVEY: JUNE 7, 2018 DATE OF FIELD SURVEY: JUNE 7, 2018 NETWORK PROJECT NUMBER. 201802156-001 NETWORK PROJECT NUMBER. 201802156-001 1-(800)-SURVEYS (787-8397) 1-(800)-SURVEYS (787-8397) maywehelpyou@bockandclark.com www.bockandclark.com maywehelpyou@bockandclark.com www.bockandclark.com 785 757 781 771 761 751 741 731 721 711 739 6:1 IJMMUPQ!QBE 691 681 713 TUSFFU 681 LJSLXPPE!CSBODI TPVUIMBLFTPMBOB 789 791 781 771 761 751 741 731 721 751 711 739 6:1 TUSFFU 725 691 IJMMUPQ!QBE 681 6:9 TBN!TIDPPM!SEOPSUIXFTU!QLXZ!)225* PURPLE HEART LOROPETALUMFIG IVY CHINKAPIN OAKVITEX WEEPINGLINDHEIMER’S MUHLY LOVEGRASS PODOCARPUS SLASH PINEPOSSUMHAW NELLIE R. DWARF INDIAN PITTOSPORUM STEVEN HOLLY BUFFALO GRASSHAWTHORN BALD CYPRESS THORNLESS ZOYSIA GRASS MONDO GRASS PRICKLEY PEAR BUR OAKMEXICAN PLUM CEDAR ASIAN JASMINE VIBURNUM BERKLEY SEDGE RIVER BIRCH ELM MEXICAN PURPLE VERBENA BUCKEYELIRIOPE WINTERCREEPER LIVE OAK EXISTING TREE CANOPY (TYP.) POTENTIAL FUTURE CONNECTION TO THE PLAZA AT SOLANA LOT EXISTING TREE CANOPY (TYP.) RAISED STONE BENCH RETAINING WALL PLANTING AREA (TYP.) DECOMPOSED GRANITE PATH FLOODPLAIN BOUNDARY 10’ TRAIL (TYP.) - LOW MAINTENANCE NATIVE LANDSCAPE LOT THIS GRAPHIC IS CONCEPTUAL. THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE. EXISTING TRE E CANOPY (TYP.) PROPOSED CANOPY TREES 5’ SIDEWALK (TYP.) OVERHEAD STRUCTURE / ENTRY MONUMENT / GAURD HOUSE SCREENING / RETAINING WALL LARGE CANOPY TREE SAM SCHOO L ROA D THIS GRAPHIC IS CONCEPTUAL. THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCESS ESMT VOL. 9451, PG. 1967 S D.R.T.C.T. D CHANNEL OR DRAINAGE ESMT STATE OF TEXAS VOL. 4187, PG. 592 LOT 2R, BLOCK 2 D.R.T.C.T. WESTLAKE/ SOUTHLAKE PARK ADDITION No. 1 CABINET A, SLIDE 283 FLOODWAY & OVERFLOW ESMT P.R.T.C.T. U.S.A. 15' PUBLIC VOL. 3527, PG. 644 UTILITY ESMT APPROXIMATE LIMITS OF FLOOD D.R.T.C.T. VOL. 12180, PG. 1534 ZONE X AS PER FLOOD INSURANCE D.R.T.C.T. RATE MAP 48439C0085K TARRANT COUNTY, TEXAS UNDERGROUND EFFECTIVE DATE: SEPTEMBER 25, 2009 TELEPHONE 15' PERMANENT MARKER (TYP) MUNICIPAL DUCT BANK ESMT DOCUMENT #D20112851 D.R.T.C.T. S VARIABLE WIDTH FLOODWAY ESMT S S 15' PUBLIC I UTILITY ESMT I I VOL. 12180, PG. 1534 D.R.T.C.T. APPROXIMATE LIMITS OF FLOOD ZONE X AS PER FLOOD INSURANCE NATURAL AREA RATE MAP 48439C0085K125' BUILDING SETBACK S TARRANT COUNTY, TEXAS EFFECTIVE DATE: SEPTEMBER 25, 2009 UNDERGROUND GAS MARKER (TYP) STREET ESMT VOL. 9451, PG. 1967 S D.R.T.C.T. 15' PERMANENT MUNICIPAL DUCT BANK ESMT DOCUMENT #D20112851 D.R.T.C.T. PEDESTRIAN ACCESS ESMT VOL. 9437, PG. 1127 D.R.T.C.T. VOL. 2487, PG. 210 D.R.D.C.T. VOL. 12902, PG. 338 D.R.D.C.T. NATURAL AREA 50' BUILDING SETBACK I HOLDARAY PARTNERSLOT 20 12' PUBLIC ACCESS ESMT LIMITED(PUBLIC OPEN CAB. A, SLIDE 12979 (VOL. 12220, PG. 759) SPACE) P.R.R.C.T. APN: 05303966 TERRA BELLA 12' PUBLIC ACCESS ESMT CAB.A, SLIDE CAB. A, SLIDE 12979 P.R.R.C.T. 12979 P.R.T.C.T. LOT 19 BLOCK 1 LOT 18 S 3 6 ° 3 2 ' 2 5 " E 1 4 5 . 0 0 ' ACCESS ESMT ' 0 0 . VOL. 9451, PG. 1967 7 S 1 6 D.R.T.C.T.E " 5 3 ' 7S 2 D °4 NORTH 3 T61 N° MCHANNEL OR DRAINAGE ESMT 7 S2 6 E9CONNECT TO EXISTING3 1 ' T STATE OF TEXAS5 . E3 G ESEWER MAIN " P R E ,VOL. 4187, PG. 592 . T1 T S5. LOT 2R, BLOCK 2 41 C 9.D.R.T.C.T. 0 . T .6 L R. O. 3 WESTLAKE/ SOUTHLAKE VD 9 ' PARK ADDITION No. 1 =15°16'50" N63°30'34"E REVISIONS R=100.00'41.25' CABINET A, SLIDE 283 L=26.67' S36°32'39"E FLOODWAY & OVERFLOW ESMT P.R.T.C.T. CB=N45°49'10"E 55.59' U.S.A. C=26.59' 15' PUBLIC N26°29'26"WVOL. 3527, PG. 644 UTILITY ESMT N63°30'34"E APPROXIMATE LIMITS OF FLOOD12.00' D.R.T.C.T. VOL. 12180, PG. 1534 22.71' ZONE X AS PER FLOOD INSURANCE D.R.T.C.T. N53°27'35"E RATE MAP 48439C0085K 33.19' TARRANT COUNTY, TEXAS PROPERTY LINE UNDERGROUND EFFECTIVE DATE: SEPTEMBER 25, 2009 TELEPHONE N26°32'25"W 15' PERMANENTEASEMENT LINE MARKER (TYP) 7.46' =27°51'21" MUNICIPAL DUCT BANK ESMT N63°27'35"E R=100.00' DOCUMENT #D20112851LOT LINE 13.13' L=48.62'15' PROP. SEWER ESMT D.R.T.C.T. S CB=N15°35'19"EV CREEK CENTERLINE A T S C=48.14'(R P A I W UA VARIABLE WIDTH FLOODWAY ESMTPROPOSED WATER LINE BB T L L IE C E SS 'W WPROPOSED SEWER LINE 6 I 5 ID . D H T 2 R T H 1 EH W PROPOSED WATER TEE 2 R W R I EG I E G S "H 1 "HPROPOSED 11.25° BEND 8 T S 8 3T '- 1 O - 9O F 3 4 F -PROPOSED 22.5° BEND ° -W 1W A N S A 15' PUBLICY Y PROPOSED 45° BEND I ) UTILITY ESMT I I VOL. 12180, PG. 1534 PROPOSED SEWER MH D.R.T.C.T. PROPOSED FIRE HYDRANT APPROXIMATE LIMITS OF FLOOD ZONE X AS PER FLOOD INSURANCE NATURAL AREA RATE MAP 48439C0085K125' BUILDING SETBACK S TARRANT COUNTY, TEXAS EFFECTIVE DATE: SEPTEMBER 25, 2009 UNDERGROUND =30°46'02"W GAS MARKER (TYP) R=142.50' W L=76.52' STREET ESMT W CB=N17°02'39"E VOL. 9451, PG. 1967 C=75.60' S D.R.T.C.T. W W 15' PERMANENT A S MUNICIPAL DUCT BANK ESMT P S E 3 DOCUMENT #D20112851 FOR REVIEW ONLY W 6 R ° 8 3 D.R.T.C.T.Z" 2 O W' 2 N32°25'40"E 1 N 2 A8 W 0" " I TE W 152.26'0N ES ' G E C R B 1 W W A 3 U O W 2 C B E V I R 5 Engineer O L A.R . D R PEDESTRIAN ACCESS ESMTL D 2 A U B E7 P.E. No.Date I M,I .N' N E VOL. 9437, PG. 1127 S W A GA 3 L E8 8, 8 N" I S D.R.T.C.T.PSL -D P2 W C"W 1.LI .N R RE 8 4 E I VOL. 2487, PG. 210.,A T D E P. 2 .T CA#T E G 8 ..2 D.R.D.C.T.TE C W .E 3 60 R 7 . 22 8 T VOL. 12902, PG. 338 6 . W 3 D.R.D.C.T. KHAKHAKHA 8 S R " E W S A T E A M W 8 W (" " 6 E8 W W 8 8 " R 'S AS SHOWN AS P U=39°18'21"TE C DATE E BW R LR=595.00' E H W I CR061289723 L=408.18' W O KHA PROJECT I W D CB=N38°38'32"W O T SEPTEMBER 2023 H SCALEDESIGNED BYDRAWN BYCHECKED BY C=400.22' L R W I G R H T -O O F A - W W A D Y W ) W W ' L BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. .0 2 PECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE 1 W W NATURAL AREA ' 0 . 50' BUILDING2 1 W SETBACKR E T A W '" .08 4 2 W R E W E S " I 8 W W HOLDARAY PARTNERSLOT 20 L W 12' PUBLIC ACCESS ESMTO R LIMITED(PUBLIC OPEN E T CAB. A, SLIDE 12979 W ' W W WW (VOL. 12220, PG. 759)21 SPACE) E. P.R.R.C.T.' 7 2 S0 . 1 " W REF x2234 APN: 05303966 4 8 2 ' R SOLANA HILLS E T9 A. W W "1 R8 TERRA BELLA E T1 A W TOWN OF WESTLAKE, TEXAS 12' PUBLIC ACCESS ESMT W " 8 CAB.A, SLIDE CAB. A, SLIDE 12979 W P.R.R.C.T. 12979 R E W E S " P.R.T.C.T.8 N88°29 W'50"W881 .10' LOT 19 BLOCK 1 ' 9 5 . PROPOSED 7 9 CONNECTION TO 1 EX. 12" WATER W " MAIN 8 5 ' 7 LOT 181 N18°59'21"W° 0 395.40'S CAUTION EXISTING UNDERGROUND UTILITIES. CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO ANY TRENCHING ' 0.35 50 '05"WOR EXCAVATION. 6°22 S8 9/8/2023 11:31 AM UTILITY PLAN EARNEY, JAREDK:\\LAC_DS\\061289723 - INTOWN - WESTLAKE\\CAD\\PLANSHEETS\\C-UTILITY PLAN.DWG9/7/2023 7:38 PM SHEET NUMBER XXX IMAGESXREFS XREF zxBndy - XREF zxExSite - XREF zxExUtil - XREF zxSite - XREF zxLots - XREF xAerial - XREF zxUtil - XPLOTTED BYDWG NAMELAST SAVED THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SOF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHAL S 3 6 ° 3 2 ' 2PROP. (7) 10' X 10' 5 " E BOX CULVERTS 1 4 5 . 0 0 ' ACCESS ESMT ' 0 0 . VOL. 9451, PG. 1967 7 S 1 6 D.R.T.C.T.E " 5 3 ' 7S 2 D °4 NORTH 3 T61 N° MCHANNEL OR DRAINAGE ESMT 7 S2 6 E93 1 ' T STATE OF TEXAS5 . E3 G E " P R E ,VOL. 4187, PG. 592 . T1 T S5. LOT 2R, BLOCK 2 41 C 9.D.R.T.C.T. 0 . T .6 L R. O. 3 WESTLAKE/ SOUTHLAKE VD 9 ' PARK ADDITION No. 1 =15°16'50" N63°30'34"EREVISIONS R=100.00' CABINET A, SLIDE 283 41.25' L=26.67' FLOODWAY & OVERFLOW ESMT S36°32'39"E P.R.T.C.T. CB=N45°49'10"E U.S.A. 55.59' N63°30'34"E15' PUBLIC C=26.59' VOL. 3527, PG. 644 22.71'UTILITY ESMT APPROXIMATE LIMITS OF FLOOD N26°29'26"WD.R.T.C.T. VOL. 12180, PG. 1534 12.00' ZONE X AS PER FLOOD INSURANCE D.R.T.C.T. N53°27'35"E RATE MAP 48439C0085K 33.19' TARRANT COUNTY, TEXAS PROPERTY LINE UNDERGROUND EFFECTIVE DATE: SEPTEMBER 25, 2009 TELEPHONE N26°32'25"W 15' PERMANENTEASEMENT LINE MARKER (TYP) 7.46' =27°51'21" MUNICIPAL DUCT BANK ESMT N63°27'35"E R=100.00' DOCUMENT #D20112851LOT LINE 13.13' L=48.62' D.R.T.C.T. S V CB=N15°35'19"E CREEK CENTERLINE A T S (R C=48.14' P A I UA W VARIABLE WIDTH FLOODWAY ESMTPROPOSED WATER LINE BB T L L IE C E 'W SS WPROPOSED SEWER LINE 6 I 5 ID . D H T 2 T H 1 H W PROPOSED STORM LINE 2 R R I G I E G "H 1 HPROPOSED GRATE INLET 8 T S 3T '- 1 O - 9O F 3 4 F -PROPOSED CURB INLET ° -W 1W P A N S RA 15' PUBLICY Y PROPOSED JUNCTION BOX O I ) UTILITY ESMT I P I VOL. 12180, PG. 1534. S D.R.T.C.T. T O R APPROXIMATE LIMITS OF FLOOD M ZONE X AS PER FLOOD INSURANCE NATURAL AREA RATE MAP 48439C0085K125' BUILDING SETBACK S" E 2 " ' 09 '0'TARRANT COUNTY, TEXAS 3 52' 6' . 0 5 42 2EFFECTIVE DATE: SEPTEMBER 25, 2009 . °6 0 . UNDERGROUND46 0 ° 1 75 37 =W 7 GAS MARKER (TYP)= =1 RL= N C W = B C STREET ESMT W VOL. 9451, PG. 1967 S D.R.T.C.T. W W 15' PERMANENT A S MUNICIPAL DUCT BANK ESMT P S E 3 DOCUMENT #D20112851 FOR REVIEW ONLY W 6 R ° 3 D.R.T.C.T.Z 2 N32°25'40"E O' 2 1 N 2 152.26'W 0 P" I E W 0N R ' G O C B 1 W P A 3 U O W 2 C. B V I R S5 Engineer O L A. . D T PEDESTRIAN ACCESS ESMTL D 2 A U B O7 P.E. No.Date I M,I .N' N E R VOL. 9437, PG. 1127 S A GA 3 L M 8, 8 N I D.R.T.C.T.PSL -D P2 W C 1.LI .N R RE 4 E I VOL. 2487, PG. 210., T D E P. 2 .T CA# E G 8 ..2 D.R.D.C.T.T C W .E 3 60 7 . 22 8 T VOL. 12902, PG. 338 6 . W 3 D.R.D.C.T. KHAKHAKHA S P W A R M O ( 6P W 8 'S. AS SHOWN P S U =39°18'21" C DATE BT L H R=595.00'W O I C061289723 R W O L=408.18' MKHA PROJECT I W D O CB=N38°38'32"W T SEPTEMBER 2023 H SCALEDESIGNED BYDRAWN BYCHECKED BY L C=400.22' R W I G R H T -O O F A - W W A D Y W ) W W L BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. PECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE W W NATURAL AREA 50' BUILDING W SETBACK W P I R O P W W . HOLDARAY PARTNERSLOT 20 S L W T 12' PUBLIC ACCESS ESMTO LIMITED(PUBLIC OPEN O T CAB. A, SLIDE 12979R W W WW (VOL. 12220, PG. 759)2M SPACE)PROP. STORM P.R.R.C.T. 7 F zxStorm W APN: 05303966 SOLANA HILLS W TERRA BELLA W TOWN OF WESTLAKE, TEXAS 12' PUBLIC ACCESS ESMT CAB.A, SLIDE CAB. A, SLIDE 12979 W P.R.R.C.T. 12979 P.R.T.C.T. NN88°29 W'50"W881 .10' LOT 19 1 8 ° BLOCK 15 ' 9 9 ' 25 . 1 "7 W 9 1 3 9 W 5" .8 4 5 0' '7 LOT 181 ° 0 S CAUTION EXISTING UNDERGROUND UTILITIES. CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO ANY TRENCHING ' 0.35 50 '05"WOR EXCAVATION. 6°22 S8 9/8/2023 11:29 AM STORM PLAN EARNEY, JAREDK:\\LAC_DS\\061289723 - INTOWN - WESTLAKE\\CAD\\PLANSHEETS\\C-STORM PLAN.DWG9/7/2023 7:30 PM SHEET NUMBER XXX IMAGESXREFS XREF zxBndy - XREF zxExSite - XREF zxExUtil - XREF zxSite - XREF zxLots - XREF zxUtil - XREF x2234 - XREPLOTTED BYDWG NAMELAST SAVED THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SOF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHAL BRANCH TRIBUTARY KIRKWOOD EXISTING 3-SPAN BRIDGE EXISTING 3-SPAN BRIDGE (7) 10' X 10' BOX CULVERTS FOR REVIEW ONLY CHRISTOPHER MACLAURIN 133260APRIL 2023 LEGEND DRAINAGE NARRATIVE:1-FOOT AERIAL TOPOGRAPHY (TNRIS, 2019) KIMLEY-HORN PREFORMED A PRELIMINARY HYDROLOGIC AND HYDRAULIC ANALYSIS OF THE SUBJECT PROPERTY TO DETERMINE THE NEED FOR PROPERTY BOUNDARY ON-SITE DETENTION AND TO ESTABLISH 100-YEAR FULLY DEVELOPED FLOODPLAIN LIMITS. THE DRAINAGE STUDY DRAINAGE AREA BOUNDARY FOR TD AMERITRADE, PREPARED BY KIMLEY-HORN IN APRIL 2016, WAS USED AS THE BASIS FOR THIS ANALYSIS. A PRE-PROJECT AND POST-PROJECT CREEK CENTERLINE HYDROLOGIC MODEL WAS PREPARED IN HEC-HMS. PRE-PROJECT LAND USES ARE BASED ON AERIAL IMAGERY. POST-PROJECT LAND USES CONSIST OF SINGLE FAMILY RESIDENTIAL AND SOME 100-YEAR PRE-PROJECT FLOODPLAIN TOWNHOUSE/MULTIFAMILY. THE RESULTS OF THIS ANALYSIS CONFIRMED THAT PEAK FLOWS ARE REDUCED DOWNSTREAM OF THE SUBJECT PROPERTY 100-YEAR FEMA FLOODPLAIN (ZONE AE) WITHOUT ON-SITE DETENTION. FLOODWAY EASEMENT 19713CROSS SECTION SHEET NUMBER EXH-1 Intown Westlake Tree Sampling - Plot 1Intown Westlake Tree Sampling - Plot 2 Intown Westlake Westlake, Tarrant County, TexasWestlake, Tarrant County, Texas Sampling Areas Summary Tables Table 1. Summary data broken up by stand using Sampling Areas 1-2. Totals are based on the combination of acre and stand level data. COMMON SCIENTIFIC COMMON SCIENTIFIC MULTIPLE-MULTIPLE- TAG#DBHCONDITIONTAG#DBHCONDITION STEMMEDSTEMMED Total NAME NAME NAME NAME Total Total Total Average Protected Calculated Total Total Sample Sample Caliper Total Area Protected Total Protected 10006.9post oak Quercus stellata HealthySingle200010.4post oak Quercus stellata HealthySingle All Tree Protected DBH per Caliper Expansion Total Trees Caliper Caliper Area Area Size Inches per of Stand Caliper Trees per Caliper CountTree CountSample Area Inches per Factor per AcreInches per Inches per 10019.8post oak Quercus stellata HealthySingle20014.7eastern redcedar Juniperus virginiana HealthySingle Sample (Acres)Inches per StandInches per Number(Acres) (Inches)Sample (acre)Acre Stand Area Acre Stand 10026.0post oak Quercus stellata HealthySingle200211.9blackjack oak Quercus marilandica HealthySingle Area 10035.8post oak Quercus stellata HealthySingle20034.1cedar elm Ulmus crassifolia HealthySingle 1 0.1 45 29 7.4 332.4 259.4 16.0 10.0 450.0 3,324.0 7,200 53,184.0 10048.0cedar elm Ulmus crassifolia HealthySingle200415.9post oak Quercus stellata HazardSingle 2 0.1 29 17 7.7 222.5 162.7 8.1 10.0 2,349 18,022.5 10059.3post oak Quercus stellata HealthySingle200512.0post oak Quercus stellata HazardSingle Totals 0.2 74 46 7.6 554.9 422.1 24.1 740.0 5,549.0 4,221.0 9,549 71,206.5 54,682.7 100613.7post oak Quercus stellata HealthySingle20064.8post oak Quercus stellata HealthySingle * Calculated expansion factor is one divided by the sample area. This is used to extrapolate the data per acre. 100713.1post oak Quercus stellata HealthyForked20075.8blackjack oak Quercus marilandica HealthySingle 10088.5cedar elm Ulmus crassifolia HealthyForked20085.3post oak Quercus stellata HealthySingle 10096.8post oak Quercus stellata HealthySingle20097.2post oak Quercus stellata HealthySingle 10107.8post oak Quercus stellata HealthySingle20105.3post oak Quercus stellata HealthySingle 10116.9post oak Quercus stellata HealthySingle20117.8post oak Quercus stellata HealthySingle 10126.5post oak Quercus stellata HealthySingle20125.6eastern redcedar Juniperus virginiana HealthySingle 10135.2post oak Quercus stellata HealthySingle20137.7post oak Quercus stellata HealthySingle 10148.5post oak Quercus stellata HealthySingle201412.3post oak Quercus stellata HealthySingle 10154.7post oak Quercus stellata HealthySingle20157.0post oak Quercus stellata DecliningSingle 10168.4post oak Quercus stellata HealthySingle20165.4eastern redcedar Juniperus virginiana HealthySingle 10174.8cedar elm Ulmus crassifolia HealthySingle201710.4blackjack oak Quercus marilandica HealthySingle 10182.8eastern redcedar Juniperus virginiana HealthySingle20184.1blackjack oak Quercus marilandica HealthySingle 10192.7eastern redcedar Juniperus virginiana HealthySingle20198.9post oak Quercus stellata HealthySingle 10204.2post oak Quercus stellata HealthySingle20207.1post oak Quercus stellata HealthySingle 10213.9eastern redcedar Juniperus virginiana HealthySingle20217.5blackjack oak Quercus marilandica HealthySingle Intown Westlake 10227.3post oak Quercus stellata HealthySingle20227.1eastern redcedar Juniperus virginiana HealthySingle Tree Summary Table Juniperus virginiana 10233.2white ash Fraxinus americana HealthySingle20235.6eastern redcedarHealthySingle 20247.5eastern redcedar Juniperus virginiana HealthySingle 102410.4post oak Quercus stellata HealthySingle Table 2. Summary data table for entire site using Sampling Areas 1-2. Totals are based on combining all data into one stand with no subdivision. 10254.8post oak Quercus stellata HealthySingle20253.3post oak Quercus stellata HealthySingle Total 20255.8post oak Quercus stellata HealthySingle Average Total Total 10266.0cedar elm Ulmus crassifolia HealthySingle Sample Protected Total Total Total All DBH per Caliper Calculated Total Protected Total Caliper Total Protected Intown Westlake Area Protected Caliper Forested Caliper Trees For 202612.3post oak Quercus stellata HealthySingle 10276.0post oak Quercus stellata DecliningSingle Tree Sample Inches per Expansion Trees per Caliper Inches For Caliper Inches for Study AreaSize Tree CountInches per Area Inches Entire CountArea Sample Factor*AcreInches per Entire Area Entire Area Quercus stellata 20279.7post oakHealthySingle 10284.7cedar elm Ulmus crassifolia HealthySingle(Acres)Sample (Acres)per Acre Area (Inches)Area Acre Area 10297.6post oak Quercus stellata HealthySingle All trees within a tenth-acre sample area were measured and tallied in accordance with the City of Study Area 0.2 74 46 7.6 554.9 422.1 24.1 10.0 370 2,774.5 2,110.5 8,917 66,865.5 50,863.1 10304.4cedar elm Ulmus crassifolia HealthySingle Westlake Tree Ordinance. Green highlighted cells represent protected trees based on diameter. * Calculated expansion factor is one divided by the sample area. This is used to extrapolate the data per acre. 10315.7post oak Quercus stellata HealthySingle 10325.3post oak Quercus stellata HealthySingle 103314.4cedar elm Ulmus crassifolia DecliningSingle 103410.4cedar elm Ulmus crassifolia DecliningSingle 103511.7cedar elm Ulmus crassifolia HealthyForked 103613.5post oak Quercus stellata HealthySingle 10378.3cedar elm Ulmus crassifolia HealthySingle 10389.4post oak Quercus stellata HealthySingle 103910.0post oak Quercus stellata HealthySingle 10407.3post oak Quercus stellata HealthySingle 10413.2eastern redcedar Juniperus virginiana DecliningSingle 10429.0post oak Quercus stellata HealthySingle Quercus stellata 10435.1post oakHealthySingle 104410.4post oak Quercus stellata HealthySingle All trees within a tenth-acre sample area were measured and tallied in accordance with the City of Westlake Tree Ordinance. Green highlighted cells represent protected trees based on diameter. Page 1Page 1 MEMORANDUM To:Frank M.K. Liu Lovett Residential – Owner From: Douglas M Arnold, P.E. Kimley-Horn and Associates, Inc. TBPE Firm Number F-928 Date: June 7, 2023 Re:Traffic Impact Analysis – Solana Hills 06/07/2023 Town of Westlake, Texas PURPOSE This memorandum serves as a traffic study for the proposed Solana Hills single-family home development located on the east side of Sam School Road, south of Solana Boulevard, in the Town of Westlake, Texas. The purpose of this analysis is to determine the safety, mobility, and operational impacts that the proposed development access connections will have on the adjacent roadway network. The following traffic assessment will include the following: existing and proposed roadway characteristics, existing and proposed development characteristics, access connection spacing, need for auxiliary lanes, sight distance, and intersection delay and level of service. EXISTING TRANSPORTATION SYSTEM The proposed development is anticipated to provide one access connection to Sam School Road. The study area will include the intersection of Solana Boulevard & Sam School Road and the proposed site driveway. Solana Boulevard (35 mph posted speed limit) is a six-lane divided roadway, classified as a Town Arterial in the Thoroughfare Plan. Solana Boulevard provides direct access to the Davis Boulevard (with access to TX-114) to the west, and the City of Southlake and TX-114 to the east. Sam School Road (30 mph posted speed limit) is a four-lane undivided roadway that transitions to a two-lane undivided roadway near the site, classified as a Local Street in the Thoroughfare Plan. Sam School Road runs along the west side of the site and intersects with Solana Boulevard northeast of the site. Sam School Road connects the site to Dove Road (with access to TX-114) to the south. The intersection of Solana Boulevard & Sam School Road is stop-controlled along Sam School Road, setup as two intersections.Exhibit 1 (see Attachment B) shows the existing lane assignment and traffic control. TOWN OF WESTLAKE ORDINANCE NO. 982 AN ORDINANCE ZONING LOT 1R1-1, BLOCK 2, WESTLAKE/SOUTHLAKE PARK NUMBER ONE ADDITION, A 32.88ACRE TRACT OF LAND,DEPICTED IN EXHIBIT “A” ATTACHED HERETO, FROMTHEPD1-1 “PLANNED DEVELOPMENT DISTRICT NUMBER ONE, PLANNING AREA ONE” TO PD10“PLANNED DEVELOPMENT DISTRICT NUMBER TEN”; AUTHORIZING RESIDENTIAL DEVELOPMENT;APPROVING A CONCEPT/DEVELOPMENT PLAN; APPROVING A SPECIFIC USE PERMIT (SUP) FOR PRIVATE STREETS;PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS,Section 102-33(3) of the Code of Ordinances of the Town of Westlake states that the purpose of a Planned Development District is to: Provide for a superior design of lots or buildings; Provide for increased recreation and/or open space opportunities for public use; Provide rural amenities or features that would be of special benefit to the property users or community; Protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; Protect or preserve existing historical buildings, structures, features or places; and provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and WHEREAS, on April 25, 2023, the Town of Westlake received a Zoning Change Request from Lovett on behalfof theproperty owner for theproperty depicted in Exhibit “A” requesting that the Town zone said property to PD10“PlannedDevelopment District Number Ten” in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas;and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on September 19, 2023 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval zoning change; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on October 9, 2023 by the Town Council; and Ordinance 982 Page 1 of 12 WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the rezoning requestshould be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION 1:That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the property shown on attached Exhibit “A”is hereby rezonedfrom the PD1-1, Planned Development District Number One, Planning Area One”, zoning district to PD10,PlannedDevelopment District Number Ten” zoning district, including the approval of a concept/development plan and a Specific Use Permit (SUP) for private streets, subject to the conditions contained in Exhibit “B”. SECTION 3:This Zoning District shallbe subject to all regulations contained inthe Code of Ordinances of the Town of Westlake, Texas, except where amended herein. SECTION 4:That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5:That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6:It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 982 Page 2 of 12 SECTION 7:This ordinance shall take effect immediately from and after its passage as the law in such case provides. th PASSED AND APPROVED ON THIS 9DAY OF OCTOBER 2023. _____________________________ ATTEST: Sean Kilbride, Mayor _________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 982 Page 3 of 12 EXHIBITS EXHIBIT A- Depiction of Subject Property EXHIBIT B- Planned Development District Number Ten(PD10) Development Standards EXHIBIT C- Concept/Development Plan EXHIBIT D- Development Description and Additional Exhibits Ordinance 982 Page 4 of 12 EXHIBIT “A” Depiction of Subject Property Lot 1R1-1, Block 2, Westlake/Southlake Park Number One (32.88 acres) Ordinance 982 Page 5 of 12 EXHIBIT “B” Planned Development District Number 10(PD10) Development Standards Section 1 – General A.The purpose of PD10is for a detached single-family residential development of not more than 55residential lots with a gross maximum density of 1.67 dwelling units per acre. B.The development authorized by this ordinance shall be generally consistent with all provisions and graphics contained the Concept/Development Plan, attached as Exhibit “C”, the development description, attached as Exhibit “D”. In the event of a conflict between the terms of Exhibit “B” and Exhibits “C” and “D”, the terms of Exhibit “B” shall control. C. Platting 1.The developer shall submit, and receive approval for, a preliminary site evaluation prior to any land disturbance activities; 2.Prior to any land disturbance activities, the developer shall submit, and record upon approval,avacate and replatthat vacates Lot 1R1-1, Block 2 from the Westlake/Southlake Park Addition Number One; 3.Prior to the final acceptance of public improvements, approval of private streets and release of residential building permits, the developer shall submit, and receive approval for, a final plat, which shall be platted as a single phase. 4. The final plat noted above shall be recorded with the County Clerk prior to the release of any residential building permits. 5.P rior to any land disturbance activities, the developer shall submit a development agreement for final approval by the Town Council per the requirements of the Code of Ordinances. D. Permitted Uses – The following are permitted principal and accessoryuses: 1. Single Family Detached Homes 2. Open Space 3. Private Streets 4. Drainage facilities (including retention and detention ponds) 5. Guard house 6. Accessory Uses (as authorized in the Town’s zoning regulations) E. Homeowner’s Association –The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area maintenance, amenities, private street maintenance, and enforcing the HOA Design Guidelines for the community. The Homeowner’s Association shall appoint an Architectural Review Committee that must have at least one (1) Texas Licensed Ordinance 982 Page 6 of 12 Architect with experience in applying Design Guidelines and advising an Architectural Review Committee on matters of design. F. All plans submittedfor permit within this developmentshall be prepared by a Texas Licensed Architect and contain sufficient details required to explain the full exterior construction to a competent contractor. Section 2 – Residential Design Standards A.Lot and Housing Specifics:The following are the minimum design criteria for each home in the development as categorized below and shown on Exhibit “C”: 1.Type A –Large Lot Homes – 27 units a.Minimum Lot Size: 10,000 square feet b.Minimum Lot Width: 80 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks e.Setback from Street: 20 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet (unless otherwise restricted by development setbacks) 2.Type B – Large Lot SE Homes – 5 units a.Minimum Lot Size: 10,000 square feet b.Minimum Lot Width: 80 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks e.Setback from Street: 10 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet (unless otherwise restricted by development setbacks) 3.Type C – Patio Homes – 12 units a.Minimum Lot Size: 5,000 square feet b.Minimum Lot Width: 45 feet c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks e.Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback 3 feet 4.Type D – Townhomes – 11 units a.Minimum Lot Size: 3,200 square feet b.Minimum Lot Width: 33 feet Ordinance 982 Page 7 of 12 c.Minimum Unit Size: 3,000 square feet d.Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks e.Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback: 3 feet (unless otherwise restricted by development setbacks) 5.For any above asterisks (*), Side setbacks may vary on certain lots as long as a minimum of 4’ building separation is maintained. B. Special Setback Provisions: 1.There shall be a minimum building setback of 125 feet from State Highway 114, and 50 feet from Sam School Road. C. Garages: All homes shall have a minimum of 2 enclosed parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. D. Permitted roof materials include: 1. High quality clay or concrete tile 2. Slate or synthetic stone 3.Metal: Traditional standing seam 4.Flat or low-pitched roofing not visible from the street may be of any code approved material. E. Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual. Exterior wall materials may include Brick, Stone, and/or 3-Coat Stucco. F. Design Guidelines: Prior to the approval of the final plat, the developer shall submit final design guidelines for approval by the Town Council that shall be recorded with the private deed covenants, conditions and restrictions. Said guidelinesshall incorporate the recommendations contained in the Westlake Building Quality Manualreferenced above. With the exception of any guideline provision addressing a particular architectural style, said design guidelines shall be enforced by Town staff in reviewing building permit applications for compliance with the provisions above. Guideline provisions to be enforced by staff include, but may not be limited to,general building articulation, massing, fenestration, roof slope, construction details and building materials. G.Development Entry –The development entry design and materials shall be constructed prior to the acceptance of public improvements and shall be generally consistent with Exhibit“D”. Ordinance 982 Page 8 of 12 Section 3 – Landscaping, Open Space, Water Features, Tree Preservation and Parkland Dedication A.Landscaping: Not later than the application for the final plan, the developer shall submit a master landscape plan for the development prepared by aState of Texas registered landscape architect. Said plan shall be reviewed for final approval by the Town Manageror their designee. The following landscaping requirements shall be met: 1.Landscape beds (including gravel mulch) shall be located along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five feet. 2.A minimum of one (1), 3.5-inch caliper tree shall be planted per 30 linear feet of roadway, one(1) on each side of the street, from an approved hardwood tree list. Existing trees may be counted to satisfy this requirement. 3.At the time of building permit issuance, each lot shall plant at least two (2) 3.5-inch caliper trees from an approved hardwood tree list. Existing trees may be counted to satisfy this requirement. B.Tree Preservation –All protected trees shall require mitigation upon damage or removal as required by the Code of Ordinances. Where possible, old growth trees and tree clusters should be preserved as identified in the master landscape plan. The following areas are hereby exempt from the requirements for tree mitigation: 1.Roadways and trails 2.The residential building envelope 3.The designated driveway area 4.The side yard setback (except on the street facing side of corner lots) 5.An area of no more than five feet into the rear yard setback C. Open Space 1.A minimum of 14.66acres (44.66%) of the development shall be reserved as open space. All open space, including public andprivate, shall be substantially consistent with Exhibit “C” and “D”and other provisions contained herein. 2.Open space landscape buffers shall be a minimum of 125 feet in width from SH 114 and 50 feet from Sam School Road. 3.All existing protected trees shall remain in place in open space areas adjacent to SH 114, Sam School Road and within the floodplain. Not Ordinance 982 Page 9 of 12 including roof-tops, open space areas adjacent to roadways must contain sufficient landscaping to sufficiently screenthe view of all homes in the development from said roadway. As shown on the required landscape plan noted above, landscaping should include a mix of deciduous and non- deciduous vegetation. The developer shall ensure said landscaping is in place prior tothe release for building permits in the development and said landscaping shall be maintained by the HOA. D.Parkland Dedication – In lieu of any parkland dedication, the developer shall pay a parkland dedication fee as required by the Code of Ordinances.The fee amount and any other conditions related to this requirement shall be determined as part of the development and/or economic development agreement between the Town and the developer. Section 4 – Fencing A. Fencing shall be consistent with details contained in the Exhibit “D”. However, where a conflict exists between Exhibit “D” and the Building Quality Manual or Code of Ordinances, The Building Quality Manual and Code of Ordinances shall control. Section 5 – Streets, sidewalks/trails, parking,access and other improvements A.Streets –A Specific Use Permit (SUP)is hereby granted for all community streets within PD10, which shall be private and constructed to Town standards. All outdoor lighting shall comply with the Town’s outdoor lighting requirements. B.Sam School Road – Where San School road is currently unimproved adjacent to the subject property, the developer shall pay the Town their proportionate cost to improve the road to current standards which shall be paid into escrow for future improvements to Sam School Road. The terms of this requirement may be further amended and altered as part of the development agreement. C.Sidewalks and Trails –Internal sidewalks shall be built along internal streetsas shown on Exhibit “C”. The developer shall construct a minimum eight (8) foot public trail along Kirkwood Branch between Sam School Road and the internal trail connection that will potentially link to a bridge connecting the development to the Solana development as depicted on Exhibit “C”. D.A minimum five (5) foot sidewalk shall be constructed along Sam School Road adjacent to the development prior to final acceptance. E.Parking – Guest parking shall be provided as shown on Exhibit “C”. F.Entry Gates and Access –Gates shall be decorative and the main entry from Sam School Road shall contain two paved access roads, one on each side of the guard Ordinance 982 Page 10 of 12 house as shown in Exhibit “D”. Minimumroadway width at the gate shall be 24 feet for each side. G.Pedestrian bridge over Marshall Branch Creek –A pedestrian bridge is hereby authorized to be constructed over Marshall Branch Creek linking the public trail and the private development trail to the Solana development as depicted in Exhibit “C”subject to floodway/floodplain requirements and engineering approvals. Further details on construction of the bridge, funding, access rights and feasibility may be contained in the development agreement. H.Entry marker on Sam School Road –An easement shall be shown on the final plat allowing for the future placement of an entry marker on the north bound side of Sam School Road adjacent to the subject property. The final location of the easement shall be included in the development agreement. Section 6 – Utilities, Drainage and Grading A. Public Utilities –Water and sewer service shall be provided by the Town of Westlake to this development. The developer shall, at their cost,construct all necessarywater and sewer system improvements per Town standards and shall secure any necessary easements. B. Duct Bank - A Duct Bank system shall be installed by the Developer throughout the subdivision as required by Town ordinances.The Duct Bank shall be located within a utility easement, the final details of which shall be determined by the Town Manager or designee. The home builder shall tie into the Duct Bank prior to the Final Inspection for the home. C. Stormwater –Stormwater facilities shall be installedby the developer and employ facilities that are recommended by the comprehensive plan. Final location and design of said facilities shall require the final approval of the Town Manager or designee. D.Lot Grading –Grading and disturbance of land by the developer should be limited to areas necessary to construct public improvements. The pre-grading of individual residential lots by the developer for the purpose of creating a residential pad is discouraged. Given the extreme slope of the property, allowances for pre-grading shall be detailed in the development agreement and design guidelines. Ordinance 982 Page 11 of 12 Exhibit C – Concept/Development Plan Ordinance 982 Page 12 of 12 EXHIBIT "D" - Development Description and Additional Exhibits Solana Hills Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits RECORD DESCRIPTION ITEMS CORRESPONDING TO SCHEDULE BITEMS CORRESPONDING TO SCHEDULE B - cont.VICINITY MAP - NOT TO SCALEMISCELLANEOUS NOTES A.L.T.A./N.S.P.S. LAND TITLE SURVEY LOT 1R1-1, BLOCK 2, MINOR PLAT OF LOTS 1R1-1, 3 & 4, BLOCK 2 OF WESTLAKE/SOUTHLAKE PARK 1. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARY BOYS, LLC. ADDITION NO. 1, ACCORDING TO THE MAP RECORDED IN INSTRUMENT NO. D216001903, PLAT 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW:R. THE RIGHT TO PROHIBIT, LIMIT, RESTRICT OR CONTROL ACCESS TO HIGHWAY STATE HIGHWAY 114, AS TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, RIGHTS OF WAY OR TITLE RESTRICTIVE COVENANTS DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 9451, PAGE 1967, REALSET FORTH IN INSTRUMENTS FILED 7/14/1987, RECORDED IN VOLUME 9006, PAGE 943, FILED 10/18/1999, RECORDS, TARRANT COUNTY, TEXAS. PROPERTY RECORDS, TARRANT COUNTY, TEXAS. RESTRICTIVE COVENANTS DESCRIBED IN INSTRUMENTRECORDED IN VOLUME 14056, PAGE 461 AS COUNTY CLERK'S FILE NO. D199260911, AND FILED 10/18/1999,OF RECORD. BOUNDARY BOYS, LLC. RELIED UPON STEWART TITLE GUARANTY RECORDED IN VOLUME 14007, PAGE 477, AS COUNTY CLERK'S FILE NO. D199233297, REAL PROPERTYRECORDED IN VOLUME 14056, PAGE 476 AS COUNTY CLERK'S FILE NO. D199260926, REAL PROPERTY COMPANY'S, COMMITMENT NO. 842370(S-TX-CP-LTX)E, EFFECTIVE JUNE 17, 2018, RECORDS, TARRANT COUNTY, TEXAS. AS AFFECTED BY CONFIRMATION FILED APRIL 18, 2001, RECORDEDRECORDS, TARRANT COUNTY, TEXAS. (RIGHT-OF-WAY DEDICATION AREA PLOTTED) ISSUED JULY 10, 2018. IN VOLUME 14834, PAGE 12, AS COUNTY CLERK'S FILE NO. D201082802, REAL PROPERTY RECORDS, THE LANDS SURVEYED, SHOWN AND DESCRIBED HEREON ARE THE SAME LANDS AS DESCRIBED IN TARRANT COUNTY, TEXAS. RESTRICTIVE COVENANTS DESCRIBED IN INSTRUMENT RECORDED IN VOLUMES. RECIPROCAL ACCESS EASEMENT, PARKING AGREEMENT AND RESTRICTIONS COVENANTS EXECUTED THE TITLE COMMITMENT PROVIDED BY STEWART TITLE GUARANTY COMPANY, COMMITMENT NO. 7435, PAGE 502, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. ANY COVENANTS, CONDITIONS ORBY MAGUIRE PARTNERS-SOLANA LIMITED PARTNERSHIP, FILED 9/21/2000, RECORDED IN VOLUME 14532, 2. THE BEARINGS ARE BASED ON A PORTION OF THE SOUTH LINE OF LOT 1R1, RESTRICTIONS INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,PAGE 619 AS COUNTY CLERK'S FILE NO. D200214659, REAL PROPERTY RECORDS, TARRANT COUNTY, 842370(S-TX-CP-LTX)E, DATED JUNE 17, 2018, ISSUED JULY 10, 2018. RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN ARE HEREBY DELETED TO THE EXTENTTEXAS. AS AFFECTED BY CONSENTS FILED 4/18/2001, RECORDED IN VOLUME 14834, PAGE 23 AS COUNTY BLOCK 2, OF WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1, AS IT IS SITUATED IN SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604 (C). (BLANKET IN NATURE OVERCLERK'S FILE NO. D201082813 AND VOLUME 14834, PAGE 34 AS COUNTY CLERK'S FILE NO. D201082824, THE COUNTY OF TARRANT, STATE OF TEXAS, ACCORDING TO THE PLAT THEREOF THE SURVEYED PROPERTY)REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. AS SHOWN ON RECORDED PLAT FILED FOR RECORD UNDER COUNTY CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS.RECORDED IN CABINET "A", SLIDE 6263, RECORDS OF TARRANT COUNTY, SAID LINE 2. - 9. NOT SURVEY ITEMS.(BLANKET IN NATURE OVER THE SURVEYED PROPERTY) CFJOH!NPOVNFOUFE!BT!TIPXO!IFSFPO!BOE!CFBSJOH!O99±3:(61#X/ THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENTS CREATING OR OFFERING EVIDENCE OFT. TERMS, PROVISIONS, CONDITIONS, EASEMENTS, OBLIGATIONS, ASSESSMENTS AND LIENS CONTAINED THE MATTERS:IN INSTRUMENT RECORDED IN VOLUME 9451, PAGE 1967, REAL PROPERTY RECORDS OF TARRANT 3. THIS ALTA/NSPS LAND TITLE SURVEY, AND THE INFORMATION HEREON, MAY NOT COUNTY, TEXAS. AS SHOWN ON RECORDED PLAT FILED FOR RECORD UNDER COUNTY CLERK'S FILE NO. BE USED FOR ANY ADDITIONAL OR EXTENDED PURPOSES BEYOND THAT FOR A. - B. NOT SURVEY ITEMS.D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) WHICH IT WAS INTENDED AND MAY NOT BE USED BY ANY PARTIES OTHER THAN C. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS OF COAL, LIGNITE, OIL, GAS AND OTHERU. TERMS, PROVISIONS, CONDITIONS, EASEMENTS, OBLIGATIONS, ASSESSMENTS AND LIENS CONTAINED THOSE TO WHICH IT IS CERTIFIED. MINERALS, TOGETHER WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING THERETO, APPEARINGIN INSTRUMENT RECORDED IN VOLUME 14007, PAGE 477, REAL PROPERTY RECORDS OF TARRANT IN THE PUBLIC RECORDS WHETHER LISTED IN SCHEDULE B OR NOT. THERE MAY BE LEASES, GRANTS,COUNTY, TEXAS. AS AFFECTED BY CONFIRMATION FILED 4/18/2001, RECORDED IN VOLUME 14834, PAGE 12 EXCEPTIONS OR RESERVATIONS OF MINERAL INTEREST THAT ARE NOT LISTED. (BLANKET IN NATURE, MAYAS COUNTY CLERK'S FILE NO. D201082802, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. 4. THERE ARE 0 REGULAR AND 0 HANDICAP STRIPED PARKING SPACES FOR A APPLY TO SURVEYED PROPERTY)(BLANKET IN NATURE OVER THE SURVEYED PROPERTY) TOTAL OF 0 PARKING SPACES ON THE SUBJECT PROPERTY. D. EASEMENT TO TRI-COUNTY ELECTRIC COOPERATIVE, INC. RECORDED 10/27/1997 IN/UNDER VOLUMEV. ANY AND ALL EASEMENTS, BUILDING LINES, AND CONDITIONS, COVENANTS, AND RESTRICTIONS AS SET 9105 PAGE 190, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY CONSENTFORTH IN PLAT RECORDED UNDER D216001903 OF THE MAP RECORDS OF TARRANT COUNTY, TEXAS. 5. THERE IS ADEQUATE INGRESS TO AND EGRESS FROM THE SUBJECT PROPERTY FILED 9/10/1997 RECORDED IN VOLUME 12902, PAGE 333 AS COUNTY CLERK'S FILE NO. D197166823, OF THE(BLANKET IN NATURE OVER THE SURVEYED PROPERTY) REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. (PLOTTED)PROVIDED BY SAM SCHOOL ROAD, A PUBLIC RIGHT-OF-WAY. W. MEMORANDUM OF OIL, GAS AND MINERAL LEASE, AND ALL TERMS, CONDITIONS AND STIPULATIONS E. EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED 12/8/1987 IN VOLUME 9140,THEREIN FROM LESSOR, REDUS TEXAS LAND, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO LESSEE, PAGE 532, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY INSTRUMENTSO.G.P. OPERATING, INC., A TEXAS CORPORATION RECORDED 11/7/2016 IN COUNTY CLERK'S FILE NO.6. ANY BURIED UTILITY OR PIPE LINES ARE AS SHOWN PER SURFACE EVIDENCE. FILED 12/8/1987, RECORDED IN VOLUME 9140, PAGE 591 AND FILED 9/10/1997, RECORDED IN VOLUME 12902,D216262652, OF THE OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. TITLE TO SAID INTEREST HAS BOUNDARY BOYS, LLC WAS NOT SUPPLIED AS-BUILT DRAWINGS OF THE PAGE 334 AS COUNTY CLERK'S FILE NO. D197166824, OF THE REAL PROPERTY RECORDS, OF TARRANTNOT BEEN INVESTIGATED SUBSEQUENT TO THE DATE OF THE AFORESAID INSTRUMENT. (BLANKET IN CONSTRUCTED UTILITY LINES. IF ANY UNDERGROUND UTILITY LOCATIONS ARE COUNTY, TEXAS. (PLOTTED)NATURE OVER THE SURVEYED PROPERTY) NEEDED EXACTLY, THEY WILL HAVE TO BE VERIFIED BY FIELD POTHOLEING THE F. EASEMENT TO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RECORDED 12/30/1987 IN VOLUME 9156,X. MINERAL AND/OR ROYALTY INTEREST IN MINERAL DEED RECORDED: IN COUNTY CLERK'S FILE NO. EXISTING UTILITIES. BOUNDARY BOYS, LLC. AND THE SURVEYOR OF RECORD SHALL PAGE 776, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY INSTRUMENTSD217014384, OF THE OFFICIAL PUBLIC RECORDS, OF TARRANT COUNTY, TEXAS, FROM REDUS TEXAS LAND,SITE FILED 12/24/1989, RECORDED IN VOLUME 9738, PAGE 2354 AND FILED 9/10/1997, RECORDED IN VOLUMELLC, A DELAWARE LIMITED LIABILITY COMPANY TO CAA MINERAL HOLDINGS, LLC, A TEXAS LIMITEDNOT BE LIABLE FOR THE LOCATION OF OR THE FAILURE TO NOTE THE LOCATION OF 12902, PAGE 335 AS COUNTY CLERK'S FILE NO. D197166825, OF THE REAL PROPERTY RECORDS, OFLIABILITY COMPANY. TITLE TO SAID INTEREST HAS NOT BEEN INVESTIGATED SUBSEQUENT TO THE DATE NON-VISIBLE UTILITIES. TARRANT COUNTY, TEXAS. (PLOTTED)OF THE AFORESAID INSTRUMENT. (BLANKET IN NATURE OVER THE SURVEYED PROPERTY) G. EASEMENT TO ENSERCH CORPORATION RECORDED 1/20/1988 IN VOLUME 9172, PAGE 727, REALY. NOT A SURVEY ITEM. MAP SUPPLIED BY GOOGLE MAPS7. SUBJECT PROPERTY CONTAINS 1,432,374 SQUARE FEET, 32.883 ACRES MORE OR PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY CONSENT FILED 9/10/1997, LESS. RECORDED IN VOLUME 12902, PAGE 336 AS COUNTY CLERK'S FILE NO. D197166826, REAL PROPERTYZ. EASEMENT TO THE TOWN OF WESTLAKE RECORDED 4/18/2016 IN COUNTY CLERK'S FILE NO. D216078585, RECORDS, TARRANT COUNTY, TEXAS, AND AS SHOWN ON PLAT RECORDED IN VOLUME 388-214, PAGE 78,OF THE REAL PROPERTY OF TARRANT COUNTY, TEXAS. (NOT LOCATED ON SURVEYED PROPERTY) OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) 8. THERE ARE NO VISIBLE SIGNS OF RECENT EARTH MOVING WORK, BUILDING AA. EASEMENT TO THE TOWN OF WESTLAKE AND THE TRINITY RIVER AUTHORITY OF TEXAS, RECORDED H. EASEMENT TO STATE OF TEXAS RECORDED 3/10/1996 IN VOLUME 4187, PAGE 592, OF THE REAL9/29/2016 IN COUNTY CLERK'S FILE NO. D216228089, OF THE REAL PROPERTY RECORDS OF TARRANTCONSTRUCTION, OR BUILDING ADDITIONS. PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. SHOWN ON RECORDED PLAT FILED FOR RECORDCOUNTY, TEXAS. (PLOTTED) UNDER COUNTY CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) AB. EASEMENT TO THE TOWN OF WESTLAKE AND THE TRINITY RIVER AUTHORITY OF TEXAS, RECORDED9. THERE ARE NO CHANGES IN STREET RIGHT-OF-WAY WHICH BOUNDARY BOYS, I. EASEMENT RESERVED BY THE UNITED STATES OF AMERICA IN INSTRUMENT RECORDED 12/14/1960 IN9/29/2016 IN COUNTY CLERK'S FILE NO. D216228090, OF THE REAL PROPERTY RECORDS OF TARRANT LLC., IS AWARE OF, NOR OBSERVED EVIDENCE OF STREET/SIDEWALK REPAIRS OR VOLUME 3527, PAGE 644, OF THE REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. SHOWN ONCOUNTY, TEXAS. (PLOTTED) CONSTRUCTION. PLAT RECORDED UNDER COUNTY CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS.(PLOTTED)AC. EASEMENT TO THE TOWN OF WESTLAKE AND THE TRINITY RIVER AUTHORITY OF TEXAS, RECORDED 9/29/2016 IN COUNTY CLERK'S FILE NO. D216228091, OF THE REAL PROPERTY RECORDS OF TARRANT 10. THERE ARE NO VISIBLE SIGNS OF A CEMETERY/BURIAL GROUNDS ON SUBJECT J. EASEMENT TO THE CITY OF SOUTHLAKE RECORDED 11/29/1995 IN VOLUME 12180, PAGE 1534, OF THECOUNTY, TEXAS. (PLOTTED) REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. SHOWN ON PLAT RECORDED UNDER COUNTYPROPERTY. CLERK'S FILE NO. D216001903, PLAT RECORDS OF TARRANT COUNTY, TEXAS. (PLOTTED) K. EASEMENT TO THE TOWN OF WESTLAKE, TEXAS RECORDED 6/7/2001 IN VOLUME 14933, PAGE 121 AS11. THE SURVEYOR DID NOT OBSERVE ANY AREA DELINEATED AS WETLANDS BY COUNTY CLERK'S FILE NO. D201128541, OF THE REAL PROPERTY RECORDS, OF TARRANT COUNTY, TEXAS. APPROPRIATE AUTHORITIES. THE SURVEYOR IS NOT AN EXPERT IN DETERMINING (PLOTTED) THE LOCATION OF WETLAND AREAS. L. SUBJECT TO THE ORDER ADOPTING AIRPORT ZONING REGULATIONS OF THE DALLAS-FORT WORTH REGIONAL AIRPORT, ORDINANCE NO. 71-100, IMPOSED BY THE JOINT AIRPORT ZONING BOARD OF THE 12. THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY DALLAS-FORT WORTH REGIONAL AIRPORT, FILED SEPTEMBER 2, 1982, RECORDED IN VOLUME 7349, PAGE 1106, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. (BLANKET IN NATURE OVER THE SURVEYEDOF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A PROPERTY) CATEGORY 1A CONDITION 2 SURVEY. SIGNIFICANT OBSERVATIONS M. EASEMENTS, BUILDING LINES, OWNER'S CERTIFICATION AND ALL MATTERS LISTED HEREIN, AS SHOWN ON THE PLATS RECORDED IN VOLUME A, PAGE 283 AND VOLUME A, PAGE 6263, PLAT RECORDS OF 13. NOTICE: ACCORDING TO TEXAS LAW, YOU MUST COMMENCE ANY LEGAL ACTION TARRANT COUNTY, TEXAS. (PLOTTED) CVJMEJOH!FYUFOET!POUP!TVCKFDU!QSPQFSUZ!CZ!²1/6( BASED UPON ANY DEFECT IN THIS SURVEY NOT LATER THAN 10 YEARS AFTER THE (POSSIBLE ENCROACHMENT) N. TERMS, PROVISIONS, CONDITIONS, AND EASEMENTS AS LISTED HEREIN AND CONTAINED IN DATE THE SURVEY IS COMPLETED. (TITLE 2(B) CHAPTER 16(A) SEC.16.011 MEMORANDUM OF COST SHARING AND RECIPROCAL EASEMENT AGREEMENT FILED 11/18/1988, RECORDED (A)(1)(2)(B)). CVJMEJOH!FYUFOET!POUP!TVCKFDU!QSPQFSUZ!CZ!²1/5( IN VOLUME 9437, PAGE 1127, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AS AFFECTED BY (POSSIBLE ENCROACHMENT) INSTRUMENT FILED 9/10/1997 RECORDED IN VOLUME 12902, PAGE 338 AS COUNTY CLERK'S FILE NO. D197166828, REAL PROPERTY RECORDS, TARRANT COUNTY TEXAS. (PLOTTED) 14. ADDRESS OF 1301 SOLANA BOULEVARD, WESTLAKE, TX, WAS OBTAINED FROM O. MINERAL AND/OR ROYALTY INTEREST SET OUT IN INSTRUMENT RECORDED 12/12/2006 IN COUNTYTHE TARRANT COUNTY APPRAISAL DISTRICT WEBSITE. CLERK'S FILE NO. D206391569, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. AND ALSO FILED 12/12/2006, RECORDED UNDER COUNTY CLERK'S FILE NO. 2006-150852, OF THE REAL PROPERTY RECORDS, ALTA/NSPS LAND TITLE SURVEY OF TARRANT COUNTY, TEXAS. TITLE TO SAID INTEREST HAS NOT BEEN INVESTIGATED SUBSEQUENT TO THE DATE OF THE AFORESAID INSTRUMENT. (BLANKET IN NATURE OVER THE SURVEYED PROPERTY) P. MINERAL LEASE, AND ALL RIGHTS INCIDENT THERETO, DATED 9/29/2008, TO RANGE TEXAS PRODUCTION, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY FROM MAGUIRE PARTNERS - SOLANA MINERALS, L.P., ASolana Dallas TEXAS LIMITED PARTNERSHIP, AS EVIDENCED BY NOTICE OF OIL, GAS AND MINERAL LEASE, FILED B & C Project No. 201802156, 005 12/2/2008, COUNTY CLERK'S FILE NO. D208441806, REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS. DESIGNATION OF UNIT FILED 9/16/2009, RECORDED UNDER COUNTY CLERK'S FILE NO. D209247993, Parcel C-LOT 1R1-1, PARCEL 42194537, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS. TITLE TO SAID INTEREST NOT CHECKED Tarrant County, TX SUBSEQUENT TO THE DATE THEREOF. (BLANKET IN NATURE OVER THE SURVEYED PROPERTY) Q. NOT A SURVEY ITEM. Based upon Title Commitment No. 842370(S-TX-CP-LTX)E of Stewart Title Guaranty Company bearing an effective date of June 17, 2018, issued July 10, 2018 ZONING INFORMATION Surveyor's Certification THE SURVEYOR WAS NOT PROVIDED WITH ZONING INFORMATION BY THE INSURER PURSUANT TO TABLE A ITEM 6. To: To Be Determined; Stewart Title Guaranty Company; and Bock & Clark Corporation. This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6a, 6b, 7a, 7b(1), 7c, 8, 9, 13, 14, 16, 17, 18, and 20 of Table A thereof. The field work was completed on June 11, 2018. LEGEND OF SYMBOLS & ABBREVIATIONS David C. Holmes Registration No. RPLS 6595 - Firm No. 10194189 SET NO.5 REBAR 24" LONG WITH YELLOWIn the State of Texas LOCATION OF HEIGHT MEASUREMENT LEGEND PLASTIC CAP STAMPED "RPLS 6595" Date of Plat or Map: August 2, 2018 CLEANOUT(UNLESS OTHERWISE NOTED) (M)MEASUREDDate of Last Revision: August 7, 2018 (D)DEEDEDSANITARY MANHOLEFOUND MONUMENT AS DESCRIBED Network Project No. 201802156-005 (P)PLATTED CALCULATED POSITION STORM GRATE (C)CALCULATED TETRASH ENCLOSURESurvey Performed By: STORM MANHOLE FENCE BOLLARDBoundary Boys, LLC TELEPHONE PEDESTAL SIGNOVERHEAD ELECTRIC LINEP O Box 2441 TELEPHONE MANHOLE Harker Heights, TX 76548 MAILBOXGAS LINE Phone: 303-709-7899 RISER FLOODLIGHTSANITARY LINE Email: d.holmes@boundaryboys.com FIRE HYDRANT ELECTRIC MANHOLESTORM LINE WATER MANHOLE ELECTRIC METERTELEPHONE LINE VENT PIPE ELECTRIC POWERWATER LINE WATER VALVE ELECTRIC POLEMANHOLE (UNKNOWN TYPE) FIBER OPTIC VAULT MARKER GASVAULT (UNKNOWN TYPE) MARKER FIBER OPTIC GAS METERBRICK PAVEMENT REINFORCED CONCRETE PIPE GAS VALVECONCRETE PAVEMENT Obujpobm!Dppsejobupst BMUB0OTQT!MBOE!UJUMF!TVSWFZ FLOOD NOTEPROJECT REVISION RECORDLEGAL QSFQBSFE!GPS DATEDESCRIPTIONDATEDESCRIPTION 2.)911*.TVSWFZT!)898.94:8* THE USE OF THIS DOCUMENT'S FORMAT IS STRICTLY PROHIBITED AND CONTINGENT UPON THE By graphic plotting only, this property is in Zone X and AE of the Flood Insurance Rate Map, Community Panel TPMBOB!EBMMBT 8/2/2018FIRST DRAFTWRITTEN CONSENT AND PERMISSION OF BOCK & CLARK CORP. No. 48439C0085K, which bears an effective date of September 25, 2009, and is not in a Special Flood Hazard Bock & Clark Corporation ª!3129!CPDL!BOE!DMBSL!DPSQ/ EBUF!PG!GJFME!TVSWFZ;!KVOF!8-!3129 Area. By telephone call dated June 7, 2018, to the National Flood Insurance Program (800-638- 6620) we have8/7/2018NETWORK COMMENTS learned this community does currently participate in the program. No field surveying was performed to determine3550 W. Market Street, Suite 200, Akron, Ohio 44333 OFUXPSL!QSPKFDU!OVNCFS/!!312913267.112 this zone and an elevation certificate may be needed to verify this determination or apply for a variance from the nbzxfifmqzpvAcpdlboedmbsl/dpn FIELD WORK:DRAFTED:CHECKED BY:FB & PG: Federal Emergency Management Agency. 2.)911*.TVSWFZT!)898.94:8* xxx/cpdlboedmbsl/dpn nbzxfifmqzpvAcpdlboedmbsl/dpn!!xxx/cpdlboedmbsl/dpn A.L.T.A./N.S.P.S. LAND TITLE SURVEY A.L.T.A./N.S.P.S. LAND TITLE SURVEY BMUB0OTQT!MBOE!UJUMF!TVSWFZ ALTA/NSPS LAND TITLE SURVEY QSFQBSFE!GPS QSFQBSFE!GPS TPMBOB!EBMMBT SOLANA DALLAS EBUF!PG!GJFME!TVSWFZ;!KVOF!8-!3129 EBUF!PG!GJFME!TVSWFZ;!KVOF!8-!3129 OFUXPSL!QSPKFDU!OVNCFS/!!312913267.112 OFUXPSL!QSPKFDU!OVNCFS/!!312913267.112 2.)911*.TVSWFZT!)898.94:8* 1-(800)-SURVEYS (787-8397) nbzxfifmqzpvAcpdlboedmbsl/dpn!!xxx/cpdlboedmbsl/dpn maywehelpyou@bockandclark.com www.bockandclark.com Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits 785 757 781 771 761 751 741 731 721 711 739 6:1 IJMMUPQ!QBE 691 681 713 TUSFFU 681 LJSLXPPE!CSBODI TPVUIMBLFTPMBOB 789 791 781 771 761 751 741 731 721 751 711 739 6:1 TUSFFU 725 691 IJMMUPQ!QBE 681 6:9 TBN!TIDPPM!SEOPSUIXFTU!QLXZ!)225* Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits PURPLE HEART LOROPETALUMFIG IVY CHINKAPIN OAKVITEX WEEPINGLINDHEIMER’S LOVEGRASSMUHLY SLASH PINEPOSSUMHAWPODOCARPUS NELLIE R. DWARF INDIAN STEVEN HOLLYPITTOSPORUM BUFFALO GRASSHAWTHORN BALD CYPRESS THORNLESS ZOYSIA GRASSMONDO GRASS PRICKLEY PEAR BUR OAK MEXICAN PLUM CEDAR ASIAN JASMINE VIBURNUM BERKLEY SEDGE RIVER BIRCH ELM MEXICAN PURPLE VERBENA BUCKEYELIRIOPEWINTERCREEPER LIVE OAK Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits EXISTING TREE CANOPY (TYP.) POTENTIAL FUTURE CONNECTION TO THE PLAZA AT SOLANA LOT EXISTING TREE CANOPY (TYP.) RAISED STONE BENCH RETAINING WALL PLANTING AREA (TYP.) DECOMPOSED GRANITE PATH FLOODPLAIN BOUNDARY 10’ TRAIL (TYP.) - LOW MAINTENANCE NATIVE LANDSCAPE LOT THIS GRAPHIC IS CONCEPTUAL. THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE. Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits EXISTING TRE E CANOPY (TYP.) PROPOSED CANOPY TREES 5’ SIDEWALK (TYP.) OVERHEAD STRUCTURE / ENTRY MONUMENT / GAURD HOUSE SCREENING / RETAINING WALL LARGE CANOPY TREE SAM S CHOO L ROAD THIS GRAPHIC IS CONCEPTUAL. THE INFORMATION SHOWN IS BASED ON THE BEST INFORMATION AVAILABLE AND IS SUBJECT TO CHANGE WITHOUT NOTICE. Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits ACCESS ESMT VOL. 9451, PG. 1967 S D.R.T.C.T. D NORTH CHANNEL OR DRAINAGE ESMT STATE OF TEXAS VOL. 4187, PG. 592 LOT 2R, BLOCK 2 D.R.T.C.T. WESTLAKE/ SOUTHLAKE GRAPHIC SCALE IN FEET PARK ADDITION No. 1 N63°30'34"E 50408800160 75 41.25' CABINET A, SLIDE 283 S36°32'39"E FLOODWAY & OVERFLOW ESMT P.R.T.C.T. 55.59' U.S.A. N63°30'34"E15' PUBLIC VOL. 3527, PG. 644 22.71' UTILITY ESMT APPROXIMATE LIMITS OF FLOOD D.R.T.C.T. VOL. 12180, PG. 1534 N26°29'26"W ZONE X AS PER FLOOD INSURANCE D.R.T.C.T. N53°27'35"E 12.00' RATE MAP 48439C0085K LEGEND 33.19' N26°32'25"W TARRANT COUNTY, TEXAS PROPERTY LINE UNDERGROUND 57 7.46'5 EFFECTIVE DATE: SEPTEMBER 25, 2009TELEPHONE N63°27'35"E 15' PERMANENTEASEMENT LINE MARKER (TYP) 13.13' MUNICIPAL DUCT BANK ESMT DOCUMENT #D20112851LOT LINE 85 D.R.T.C.T.5 CREEK CENTERLINE S VARIABLE WIDTH FLOODWAY ESMT PROPOSED PAVEMENT 580 999 PROPOSED CONTOURS 5 90 999 EXISTING CONTOURS S RETAINING WALL 90 5 S 15' PUBLIC I UTILITY ESMT I I VOL. 12180, PG. 1534 D.R.T.C.T. APPROXIMATE LIMITS OF FLOOD ZONE X AS PER FLOOD INSURANCE NATURAL AREA ±5' WALL RATE MAP 48439C0085K125' BUILDING SETBACK S 5 8 5 TARRANT COUNTY, TEXAS 00 6 EFFECTIVE DATE: SEPTEMBER 25, 2009 UNDERGROUND GAS MARKER (TYP) ±5' WALL STREET ESMT VOL. 9451, PG. 1967 ±5' WALL S D.R.T.C.T. N32°25'40"E 15' PERMANENT 152.26' MUNICIPAL DUCT BANK ESMT0 1 6 DOCUMENT #D20112851 FOR REVIEW ONLY D.R.T.C.T. 615 ±5'-10' WALL Engineer 620 PEDESTRIAN ACCESS ESMT P.E. No.Date 6 VOL. 9437, PG. 112710 D.R.T.C.T. VOL. 2487, PG. 210 D.R.D.C.T. VOL. 12902, PG. 338±5'-10' WALL D.R.D.C.T. 6 10 635 6 4 5 05 6 ±5' WALL 6 3 2 ±5'-15' WALL NATURAL AREA605 50' BUILDING SETBACK590 I ±10'-15' WALL HOLDARAY PARTNERSLOT 20 12' PUBLIC ACCESS ESMT LIMITED(PUBLIC OPEN CAB. A, SLIDE 12979 ±5' WALL (VOL. 12220, PG. 759)SPACE) P.R.R.C.T. APN: 05303966 0 64 5 64 TERRA BELLA 6 12' PUBLIC ACCESS ESMT00 CAB.A, SLIDE CAB. A, SLIDE 12979 P.R.R.C.T. 12979 P.R.T.C.T.±10'-15' WALL N88°29'5 0"W881.1 0' LOT 19 BLOCK 1 ±5' WALL LOT 18 0 62 CAUTION EXISTING UNDERGROUND UTILITIES. CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO ANY TRENCHING 5' 00.3 W5 2'05"OR EXCAVATION. 86°2 S SHEET NUMBER XXX Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits S 3 6 ° 3 2 ' 2 5 " E 1 4 5 . 0 0 ' ACCESS ESMT ' 0 .0 VOL. 9451, PG. 19677 S 1 6 D.R.T.C.T.E " 5 '3 7S 2 °D 4 NORTH 3 T61 N M° 7CHANNEL OR DRAINAGE ESMT 2 S 6 3 E9CONNECT TO EXISTING 1' TSTATE OF TEXAS5 . E 3 G ESEWER MAIN P" R E ,VOL. 4187, PG. 592 . T1 S5T . LOT 2R, BLOCK 2 1 4 C 9.D.R.T.C.T. 0 .T . 6 L R . O.3 WESTLAKE/ SOUTHLAKE VD9 ' PARK ADDITION No. 1 =15°16'50"N63°30'34"E REVISIONS R=100.00'41.25' CABINET A, SLIDE 283 L=26.67' S36°32'39"E FLOODWAY & OVERFLOW ESMT CB=N45°49'10"E P.R.T.C.T. 55.59' U.S.A. C=26.59'15' PUBLIC N26°29'26"W VOL. 3527, PG. 644 UTILITY ESMT N63°30'34"E APPROXIMATE LIMITS OF FLOOD12.00' D.R.T.C.T. VOL. 12180, PG. 1534 22.71' ZONE X AS PER FLOOD INSURANCE D.R.T.C.T. N53°27'35"E RATE MAP 48439C0085K 33.19' TARRANT COUNTY, TEXAS PROPERTY LINE UNDERGROUND EFFECTIVE DATE: SEPTEMBER 25, 2009TELEPHONE N26°32'25"W 15' PERMANENTEASEMENT LINE MARKER (TYP) 7.46' =27°51'21" MUNICIPAL DUCT BANK ESMT N63°27'35"E R=100.00' DOCUMENT #D20112851LOT LINE 13.13' L=48.62'15' PROP. SEWER ESMT D.R.T.C.T. S V CB=N15°35'19"E CREEK CENTERLINE A T S R C=48.14'( P I A W UA VARIABLE WIDTH FLOODWAY ESMT PROPOSED WATER LINE BB T L L IE C E SS ' W 6WPROPOSED SEWER LINE I 5D I .H D T 2 R T H 1 EH W PROPOSED WATER TEE 2 R W R I E IG EG S "H H 1 PROPOSED 11.25° BEND " 8 S T 8T 3 '- 1 -O 9 O F 3 4 F °-PROPOSED 22.5° BEND W - 1W A N A S 15' PUBLIC Y Y PROPOSED 45° BEND I) UTILITY ESMT I I VOL. 12180, PG. 1534 PROPOSED SEWER MH D.R.T.C.T. PROPOSED FIRE HYDRANT APPROXIMATE LIMITS OF FLOOD ZONE X AS PER FLOOD INSURANCE NATURAL AREA RATE MAP 48439C0085K125' BUILDING SETBACK S TARRANT COUNTY, TEXAS EFFECTIVE DATE: SEPTEMBER 25, 2009 UNDERGROUND W =30°46'02" GAS MARKER (TYP) R=142.50' W L=76.52' STREET ESMT CB=N17°02'39"E W VOL. 9451, PG. 1967 C=75.60' S D.R.T.C.T. W W 15' PERMANENT A S MUNICIPAL DUCT BANK ESMT P S E 3 DOCUMENT #D20112851 WFOR REVIEW ONLY 6 R ° 8 3 D.R.T.C.T. Z" 2 W O' 2 N32°25'40"E 1 N A2 8 W 0" T" I E 152.26'W 0N ES ' C G RE B 1 W W A 3 U O W 2 C V B E I 5 LR Engineer O A.R . L D R2 PEDESTRIAN ACCESS ESMT D BA U E7 P.E. No.Date M II , .NN' E VOL. 9437, PG. 1127 AS W GA 38 L E 8, 8 N" I S D.R.T.C.T.-PSL D P2 C W W I" 1.L .N R4 RE 8 E I VOL. 2487, PG. 210.,A T D E P. .2 CA T#T E .G 8 .2 D.R.D.C.T.TE E C 3 W . 60 R 7. 2 8 T2 VOL. 12902, PG. 338 6 . W 3 D.R.D.C.T. KHAKHAKHA 8 S R " E A W S T E A M W W8 (" " 6E 8 8 W W 8 " R 'S ASAS SHOWN P =39°18'21"TE U C DATE EW B R LR=595.00' E H W I C061289723 R L=408.18' W O KHA PROJECT I W D CB=N38°38'32"W O TSEPTEMBER 2023 H SCALEDESIGNED BYDRAWN BYCHECKED BY C=400.22' L R W I G R H T -O O F -A W W A D Y W ) W W ' L BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC.0 . 2 PECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE 1 W W NATURAL AREA ' 0 . 50' BUILDING2 1 W SETBACKR E T A W '" 08 . 4 2 W R E W E S " I 8 W W HOLDARAY PARTNERSLOT 20 L W 12' PUBLIC ACCESS ESMTO R LIMITED(PUBLIC OPEN E T CAB. A, SLIDE 12979 W ' W W WW 1 (VOL. 12220, PG. 759)SPACE)2 . E P.R.R.C.T.' 7 2 S0 . 1 "W APN: 05303966 4 REF x2234 8 2 ' R SOLANA HILLS E9 T . A W W 1 R" TERRA BELLA 8 E T W 1 TOWN OF WESTLAKE, TEXAS A W 12' PUBLIC ACCESS ESMT " 8 CAB.A, SLIDE CAB. A, SLIDE 12979 W P.R.R.C.T. 12979 R E W E S P.R.T.C.T." 8 N88°29'5 W 0"W881.1 0' LOT 19 BLOCK 1 ' 9 5 . PROPOSED 7 9 CONNECTION TO1 EX. 12" WATER W " MAIN 8 5 ' 7 LOT 181 N18°59'21"W ° 0 395.40' S CAUTION EXISTING UNDERGROUND UTILITIES. CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO ANY TRENCHING 5' 00.3 W5 2'05"OR EXCAVATION. 86°2 S UTILITY PLAN EARNEY, JARED 9/8/2023 11:31 AM SHEET NUMBER XXX IMAGESXREFS XREF zxBndy - XREF zxExSite - XREF zxExUtil - XREF zxSite - XREF zxLots - XREF xAerial - XREF zxUtil - XPLOTTED BYDWG NAMEK:\\LAC_DS\\061289723 - INTOWN - WESTLAKE\\CAD\\PLANSHEETS\\C-UTILITY PLAN.DWGLAST SAVED9/7/2023 7:38 PM THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SOF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHAL Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits S 3 6 ° 3 2 ' 2PROP. (7) 10' X 10' 5 " E BOX CULVERTS 1 4 5 . 0 0 ' ACCESS ESMT ' 0 .0 VOL. 9451, PG. 19677 S 1 6 D.R.T.C.T.E " 5 '3 7S 2 °D 4 NORTH 3 T61 N M° 7CHANNEL OR DRAINAGE ESMT 2 S 6 3 E9 1' TSTATE OF TEXAS5 . E 3 G E P" R E ,VOL. 4187, PG. 592 . T1 S5T . LOT 2R, BLOCK 2 1 4 C 9.D.R.T.C.T. 0 .T . 6 L R . O.3 WESTLAKE/ SOUTHLAKE VD9 ' PARK ADDITION No. 1 =15°16'50" N63°30'34"EREVISIONS R=100.00' CABINET A, SLIDE 283 41.25' L=26.67' S36°32'39"EFLOODWAY & OVERFLOW ESMT P.R.T.C.T. CB=N45°49'10"E 55.59'U.S.A. 15' PUBLIC N63°30'34"E C=26.59' VOL. 3527, PG. 644 UTILITY ESMT 22.71' APPROXIMATE LIMITS OF FLOOD N26°29'26"WD.R.T.C.T. VOL. 12180, PG. 1534 12.00' ZONE X AS PER FLOOD INSURANCE D.R.T.C.T. N53°27'35"E RATE MAP 48439C0085K 33.19' TARRANT COUNTY, TEXAS PROPERTY LINE UNDERGROUND EFFECTIVE DATE: SEPTEMBER 25, 2009TELEPHONE N26°32'25"W 15' PERMANENTEASEMENT LINE MARKER (TYP) 7.46' =27°51'21" MUNICIPAL DUCT BANK ESMT N63°27'35"E R=100.00' DOCUMENT #D20112851LOT LINE 13.13' L=48.62' D.R.T.C.T. S V CB=N15°35'19"ECREEK CENTERLINE A T S R ( C=48.14' P I A UA W VARIABLE WIDTH FLOODWAY ESMT PROPOSED WATER LINE BB T L L IE C E ' W SS 6WPROPOSED SEWER LINE I 5D I .H D T 2 T H 1 H W PROPOSED STORM LINE 2 R R I IG EG "H H 1 PROPOSED GRATE INLET 8 S T T 3 '- 1 -O 9 O F 3 4 F °-PROPOSED CURB INLET W - 1W P A N A S 15' PUBLICR Y Y OPROPOSED JUNCTION BOX I) UTILITY ESMT I P I VOL. 12180, PG. 1534 . S D.R.T.C.T. T O R APPROXIMATE LIMITS OF FLOOD M ZONE X AS PER FLOOD INSURANCE NATURAL AREA "RATE MAP 48439C0085K125' BUILDING SETBACK S E 2" ' 09 0'TARRANT COUNTY, TEXAS ' 3' 52 6' . 0 45 2 2.EFFECTIVE DATE: SEPTEMBER 25, 2009 °6 0 46. UNDERGROUND 0 ° 15 7 3 7 W = 7 GAS MARKER (TYP)=1 = = RL N =C W B C STREET ESMT W VOL. 9451, PG. 1967 S D.R.T.C.T. W W 15' PERMANENT A S MUNICIPAL DUCT BANK ESMT P S E 3 DOCUMENT #D20112851 WFOR REVIEW ONLY 6 R ° 3 D.R.T.C.T. Z 2 N32°25'40"E O' 2 1 N 2 152.26'W 0 P" I E W 0N R ' O C G B 1 W P A 3 U O W .2 C V B I 5 LR S Engineer O A. . L D T2 PEDESTRIAN ACCESS ESMT D BA U O7 P.E. No.Date M II , .NN' E R VOL. 9437, PG. 1127 AS GA 3 L M 8, 8 N I D.R.T.C.T.-PSL D P2 C W I 1.L .N R4 RE E I VOL. 2487, PG. 210., T D E P. .2 CA T# E .G 8 .2 D.R.D.C.T.T E C 3 W . 60 7. 2 8 T2 VOL. 12902, PG. 338 6 . W 3 D.R.D.C.T. KHAKHAKHA S P A W R M O ( 6P W 8 'S. AS SHOWN P S U =39°18'21" C DATE BT L O H R=595.00'W I C061289723 R W O L=408.18' MKHA PROJECT I W D O CB=N38°38'32"W TSEPTEMBER 2023 H SCALEDESIGNED BYDRAWN BYCHECKED BY C=400.22' L R W I G R H T -O O F -A W W A D Y W ) W W L BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. PECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE W W NATURAL AREA 50' BUILDING W SETBACK W P I R O P W W . HOLDARAY PARTNERSLOT 20 S L W T 12' PUBLIC ACCESS ESMTO LIMITED(PUBLIC OPEN O T CAB. A, SLIDE 12979R W W WW (VOL. 12220, PG. 759)SPACE)2MPROP. STORM P.R.R.C.T. 7 F zxStorm W APN: 05303966 SOLANA HILLS W TERRA BELLA W TOWN OF WESTLAKE, TEXAS 12' PUBLIC ACCESS ESMT CAB.A, SLIDE CAB. A, SLIDE 12979 W P.R.R.C.T. 12979 P.R.T.C.T. NN88°29'5 W 0"W881.1 0' LOT 19 1 8 ° BLOCK 1 5 ' 9 9 ' 2 5 . 1 7 " W9 1 3 9 W 5" .8 4 5 0' ' 7 LOT 181 ° 0 S CAUTION EXISTING UNDERGROUND UTILITIES. CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO ANY TRENCHING 5' 00.3 W5 2'05"OR EXCAVATION. 86°2 S STORM PLAN EARNEY, JARED 9/8/2023 11:29 AM SHEET NUMBER XXX IMAGESXREFS XREF zxBndy - XREF zxExSite - XREF zxExUtil - XREF zxSite - XREF zxLots - XREF zxUtil - XREF x2234 - XREPLOTTED BYDWG NAMEK:\\LAC_DS\\061289723 - INTOWN - WESTLAKE\\CAD\\PLANSHEETS\\C-STORM PLAN.DWGLAST SAVED9/7/2023 7:30 PM THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SOF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHAL Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits IRKWOOD BRANCH TRIBUTARY K EXISTING 3-SPAN BRIDGE EXISTING 3-SPAN BRIDGE (7) 10' X 10' BOX CULVERTS FOR REVIEW ONLY CHRISTOPHER MACLAURIN 133260APRIL 2023 LEGEND DRAINAGE 1-FOOT AERIAL TOPOGRAPHY NARRATIVE: (TNRIS, 2019) KIMLEY-HORN PREFORMED A PRELIMINARY HYDROLOGIC AND HYDRAULIC ANALYSIS OF THE SUBJECT PROPERTY TO DETERMINE THE NEED FOR PROPERTY BOUNDARY ON-SITE DETENTION AND TO ESTABLISH 100-YEAR FULLY DEVELOPED FLOODPLAIN LIMITS. THE DRAINAGE STUDY DRAINAGE AREA BOUNDARY FOR TD AMERITRADE, PREPARED BY KIMLEY-HORN IN APRIL 2016, WAS USED AS THE BASIS FOR THIS ANALYSIS. A PRE-PROJECT AND POST-PROJECT CREEK CENTERLINE HYDROLOGIC MODEL WAS PREPARED IN HEC-HMS. PRE-PROJECT LAND USES ARE BASED ON AERIAL IMAGERY. POST-PROJECT LAND USES CONSIST OF SINGLE FAMILY RESIDENTIAL AND SOME 100-YEAR PRE-PROJECT FLOODPLAIN TOWNHOUSE/MULTIFAMILY. THE RESULTS OF THIS ANALYSIS CONFIRMED THAT PEAK FLOWS ARE REDUCED DOWNSTREAM OF THE SUBJECT PROPERTY 100-YEAR FEMA FLOODPLAIN (ZONE AE) WITHOUT ON-SITE DETENTION. FLOODWAY EASEMENT 19713CROSS SECTION SHEET NUMBER EXH-1 Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits Intown Westlake Tree Sampling - Plot 1Intown Westlake Tree Sampling - Plot 2 Intown Westlake Westlake, Tarrant County, TexasWestlake, Tarrant County, Texas Sampling Areas Summary Tables Table 1. Summary data broken up by stand using Sampling Areas 1-2. Totals are based on the combination of acre and stand level data. COMMONSCIENTIFICCOMMONSCIENTIFIC MULTIPLE-MULTIPLE- TAG#DBHCONDITIONTAG#DBHCONDITION STEMMEDSTEMMED Total NAMENAMENAMENAME Total Total Total Average Protected Calculated Total Total Sample Sample Caliper Total Area Protected Total Protected 10006.9post oakQuercus stellataHealthySingle200010.4post oakQuercus stellataHealthySingle All Tree Protected DBH per Caliper Expansion Total Trees Caliper Caliper Area Area Size Inches per of Stand Caliper Trees per Caliper CountTree CountSample Area Inches per Factor per AcreInches per Inches per 10019.8post oakQuercus stellataHealthySingle20014.7eastern redcedarJuniperus virginiana HealthySingle Sample (Acres)Inches per StandInches per Number(Acres) (Inches)Sample (acre)Acre Stand Area Acre Stand 10026.0post oakQuercus stellataHealthySingle200211.9blackjack oakQuercus marilandicaHealthySingle Area 10035.8post oakQuercus stellataHealthySingle20034.1cedar elmUlmus crassifolia HealthySingle 1 0.1 45 29 7.4 332.4259.4 16.0 10.0 450.0 3,324.0 7,200 53,184.0 10048.0cedar elmUlmus crassifolia HealthySingle200415.9post oakQuercus stellataHazardSingle 2 0.1 29 17 7.7 222.5162.7 8.1 10.0 2,349 18,022.5 10059.3post oakQuercus stellataHealthySingle200512.0post oakQuercus stellataHazardSingle Totals 0.2 74 46 7.6 554.9422.124.1740.05,549.04,221.0 9,549 71,206.5 54,682.7 100613.7post oakQuercus stellataHealthySingle20064.8post oakQuercus stellataHealthySingle * Calculated expansion factor is one divided by the sample area. This is used to extrapolate the data per acre. 100713.1post oakQuercus stellataHealthyForked20075.8blackjack oakQuercus marilandicaHealthySingle 10088.5cedar elmUlmus crassifolia HealthyForked20085.3post oakQuercus stellataHealthySingle 10096.8post oakQuercus stellataHealthySingle20097.2post oakQuercus stellataHealthySingle 10107.8post oakQuercus stellataHealthySingle20105.3post oakQuercus stellataHealthySingle 10116.9post oakQuercus stellataHealthySingle20117.8post oakQuercus stellataHealthySingle 10126.5post oakQuercus stellataHealthySingle20125.6eastern redcedarJuniperus virginiana HealthySingle 10135.2post oakQuercus stellataHealthySingle20137.7post oakQuercus stellataHealthySingle 10148.5post oakQuercus stellataHealthySingle201412.3post oakQuercus stellataHealthySingle 10154.7post oakQuercus stellataHealthySingle20157.0post oakQuercus stellataDecliningSingle 10168.4post oakQuercus stellataHealthySingle20165.4eastern redcedarJuniperus virginiana HealthySingle 10174.8cedar elmUlmus crassifolia HealthySingle201710.4blackjack oakQuercus marilandicaHealthySingle 10182.8eastern redcedarJuniperus virginiana HealthySingle20184.1blackjack oakQuercus marilandicaHealthySingle 10192.7eastern redcedarJuniperus virginiana HealthySingle20198.9post oakQuercus stellataHealthySingle 10204.2post oakQuercus stellataHealthySingle20207.1post oakQuercus stellataHealthySingle 10213.9eastern redcedarJuniperus virginiana HealthySingle20217.5blackjack oakQuercus marilandicaHealthySingle Intown Westlake Juniperus virginiana 10227.3post oakQuercus stellataHealthySingle20227.1eastern redcedarHealthySingle Tree Summary Table 10233.2white ashFraxinus americanaHealthySingle20235.6eastern redcedarJuniperus virginiana HealthySingle 20247.5eastern redcedarJuniperus virginiana HealthySingle 102410.4post oakQuercus stellataHealthySingle Table 2. Summary data table for entire site using Sampling Areas 1-2. Totals are based on combining all data into one stand with no subdivision. 20253.3post oakQuercus stellataHealthySingle 10254.8post oakQuercus stellataHealthySingle Total Average Total Total 10266.0cedar elmUlmus crassifolia HealthySingle20255.8post oakQuercus stellataHealthySingle Protected Total Total Total Sample All DBH per Caliper Calculated Total Protected Total Caliper Total Protected Intown Westlake Area Protected Caliper Forested Caliper Trees For 202612.3post oakQuercus stellataHealthySingle 10276.0post oakQuercus stellataDecliningSingle Tree Sample Inches per Expansion Trees per Caliper Inches For Caliper Inches for Study AreaSize Tree CountInches per Area Inches Entire CountArea Sample Factor*AcreInches per Entire Area Entire Area 20279.7post oakQuercus stellataHealthySingle 10284.7cedar elmUlmus crassifolia HealthySingle (Acres)Sample (Acres)per Acre Area (Inches)Area Acre Area 10297.6post oakQuercus stellataHealthySingle All trees within a tenth-acre sample area were measured and tallied in accordance with the City of Study Area 0.2 74 46 7.6 554.9422.1 24.1 10.0 370 2,774.5 2,110.5 8,917 66,865.5 50,863.1 10304.4cedar elmUlmus crassifolia HealthySingle Westlake Tree Ordinance. Green highlighted cells represent protected trees based on diameter. * Calculated expansion factor is one divided by the sample area. This is used to extrapolate the data per acre. 10315.7post oakQuercus stellataHealthySingle 10325.3post oakQuercus stellataHealthySingle 103314.4cedar elmUlmus crassifolia DecliningSingle 103410.4cedar elmUlmus crassifolia DecliningSingle 103511.7cedar elmUlmus crassifolia HealthyForked 103613.5post oakQuercus stellataHealthySingle 10378.3cedar elmUlmus crassifolia HealthySingle 10389.4post oakQuercus stellataHealthySingle 103910.0post oakQuercus stellataHealthySingle 10407.3post oakQuercus stellataHealthySingle 10413.2eastern redcedarJuniperus virginiana DecliningSingle 10429.0post oakQuercus stellataHealthySingle 10435.1post oakQuercus stellataHealthySingle 104410.4post oakQuercus stellataHealthySingle All trees within a tenth-acre sample area were measured and tallied in accordance with the City of Westlake Tree Ordinance. Green highlighted cells represent protected trees based on diameter. Page 1Page 1 Ordinance 982 EXHIBIT "D" - Development Description and Additional Exhibits MEMORANDUM To:Frank M.K. Liu Lovett Residential – Owner From: Douglas M Arnold, P.E. Kimley-Horn and Associates, Inc. TBPE Firm Number F-928 Date: June 7, 2023 Re:Traffic Impact Analysis – Solana Hills 06/07/2023 Town of Westlake, Texas PURPOSE This memorandum serves as a traffic study for the proposed Solana Hills single-family home development located on the east side of Sam School Road, south of Solana Boulevard, in the Town of Westlake, Texas. The purpose of this analysis is to determine the safety, mobility, and operational impacts that the proposed development access connections will have on the adjacent roadway network. The following traffic assessment will include the following: existing and proposed roadway characteristics, existing and proposed development characteristics, access connection spacing, need for auxiliary lanes, sight distance, and intersection delay and level of service. EXISTING TRANSPORTATION SYSTEM The proposed development is anticipated to provide one access connection to Sam School Road. The study area will include the intersection of Solana Boulevard & Sam School Road and the proposed site driveway. Solana Boulevard (35 mph posted speed limit) is a six-lane divided roadway, classified as a Town Arterial in the Thoroughfare Plan. Solana Boulevard provides direct access to the Davis Boulevard (with access to TX-114) to the west, and the City of Southlake and TX-114 to the east. Sam School Road (30 mph posted speed limit) is a four-lane undivided roadway that transitions to a two-lane undivided roadway near the site, classified as a Local Street in the Thoroughfare Plan. Sam School Road runs along the west side of the site and intersects with Solana Boulevard northeast of the site. Sam School Road connects the site to Dove Road (with access to TX-114) to the south. The intersection of Solana Boulevard & Sam School Road is stop-controlled along Sam School Road, setup as two intersections.Exhibit 1 (seeAttachment B) shows the existing lane assignment and traffic control. Ordinance 982 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-41 Agenda Date:10/9/2023 Agenda #:I.1. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-41 approving the 2024 Town Council and Board of Trustees calendar; and take appropriate action (Amy Piukana, Town Secretary) STAFF: Amy M. Piukana, Town Secretary BACKGROUND: Annually,theTownCouncilreviewsandapprovesameetingcalendarfortheupcomingyear.Theproposed 2024meetingcalendarconsidersseveralfactorsinpreparingforthe2024meetings,includingnational holidays,schoolholidays,schoolgraduation,theMayelection,andthecanvass,andsettingthetaxratefor adoptionoftheannualbudget.Note,themonthofJanuary,March,May,November,andDecemberonlyhave oneregularmeetingsettoallowholidaytravelwithnomeetinginJuly.Aspecialcalledmeetingmaytakeplace duringthosemonths,ifnecessary.Oncethefinalcalendarisapproved,thecalendarissharedwithdevelopersto utilize for plan submittals and to residents. Meetings typically start with a work session at 4 p.m. prior to the 5 p.m. regular meeting. DISCUSSION: The Town Council may review the dates and amend the calendar, as deemed necessary. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends the Town Council approve Resolution 23-41, adopting the 2024 Town Council, Board of Trustees meeting calendar. ATTACHMENT(S): Resolution 23-41 TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve Resolution 23-41, as presented. 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-41 Agenda Date:10/9/2023 Agenda #:I.1. 4)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ TOWN OF WESTLAKE RESOLUTION NO. 23-41 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING REGULAR MEETING DATES AND PROCEDURES; SETTING THE 2024 MEETING DATES OF THE TOWN COUNCIL, BOARD OF TRUSTEES, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Texas Local Government Code allows the governing body of a general law municipality to establish regular meetings of the governing body by the passage of a resolution; and WHEREAS, the Town Council finds that it is in the best interest of the Council and establish regular meetings at a convenient date, time, and place; and WHEREAS, the 2024 available regular meeting dates are hereby established in accordance with attached ; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake, Texas, and Westlake Academy Board of Trustees shall conduct regularly scheduled meetings on dates and times as established by the Town Council. All Mondays shall be established as a day available for regular meetings as needed. Special meetings shall be called in accordance with Section 22.038(b) of the Texas Local Government Code. Meetings shall be held at the Town Hall offices located at 1500 Solana Boulevard, Bldg. 7, Ste. 7100, Westlake, Texas 76262, or a meeting room close by, or another location designated by the Town in the meeting notice. The exact time of each meeting will be determined prior to the notice of said meeting. SECTION 3: The Town Council hereby sets the 2024 regular meeting schedules as shown in the attached . Resolution 23-41 Page 1 of 2 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. th PASSED AND APPROVED ON THIS 7 DAY OF AUGUST 2023. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 23-41 Page 2 of 2 FY 2023-24 Calendar Dates October 9, 2023 Regular Town Council Meeting November 6, 2023 Regular Town Council Meeting December 11, 2023 Regular Town Council Meeting January 22, 2024 Regular Town Council Meeting February 26, 2024 Regular Town Council Meeting March 18, 2024 Regular Town Council Meeting April 1, 2024 Special Meeting (12 p.m. 4 p.m.) WA Budget Meeting April 8, 2024 Regular Town Council Meeting April 22, 2024 Special Meeting (12 p.m.-4 p.m.) Town Budget Meeting May 20, 2024 Regular Town Council Meeting June 17, 2024 Regular Town Council Meeting August 12, 2024 Regular Town Council Meeting September 16, 2024 Regular Town Council Meeting September 30, 2024 Budget Adoption/Town Council Meeting 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-66 Agenda Date:10/9/2023 Agenda #:I.2. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-66, approving Town Financial Policies, Purchasing Authority Policy, Prohibited Activities Policy, Contract Authority Policy, and Procurement Policy; and take appropriate action (Cayce Lay Lamas) STAFF: Cayce Lay Lamas, Director of Finance BACKGROUND: The Town of Westlake/Westlake Academy has a fiduciary responsibility to its citizens and stakeholders to accurately account for the public funds it is tasked with managing. The financial policies are established in order to provide guidance on the appropriate accounting, planning, and use of all funds and to ensure fiscal sustainability and stewardship. Financial policies, approved by the Council/Board, provide the framework for staff to create sound administrative procedures and effective decision making. The financial policies are included in the annual operating budget documents, when published. All policies apply to both the Town and the Academy. Any necessary differences are noted within the policies. DISCUSSION: th The Town Council/Board of Trustees were presented the proposed financial policies at the September 25 th meeting for discussion. Council requested that the item be tabled until the October 9 meeting to allow Council time to make changes to the documents. The attached redlined versions of the financial policies incorporate the th input from the September 25 meeting, as well as notes from the Mayor Pro Tem on behalf of the Town Council/Board of Trustees. Changes to the policies impact several points, including the definition of emergency purchases, reduction of Town Manager purchasing authority to match the Head of School, and elaboration to ensure clarity. STAFF RECOMMENDATION: Staff recommends acceptance of the financial policies, as presented. ATTACHMENT(S): Resolution for Town Manager spending authority Redline and final versions are attached for each of the following policies: Financial Policy Purchasing Authority Policy Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-66 Agenda Date:10/9/2023 Agenda #:I.2. Prohibited Activities Policy Contract Authority Policy Procurement Card Policy TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ TOWN OF WESTLAKE RESOLUTIONNO. 23-66 A RESOLUTION OF THE TOWN COUNCIL OF WESTLAKE APPROVING THE TOWN FINANCIAL POLICIES; AND TAKE APPROPRIATE ACTION. BE IT RESOLVED BY THETOWN COUNCIL OF WESTLAKE: WHEREAS,the Town Council requested review of FinancialPolicies to be adopted annually, andaccording to all applicable legal requirements; and WHEREAS,the proposed policiesincludes an overallFinancial Policy, Purchasing Authority, Prohibited Activities Policy, Contract Authority Policy, and Procurement Card Policy; and WHEREAS,the Town Council finds that the passage of this Resolution is in the best interest ofthe citizens of Westlake. NOW, THEREFORE, BE IT RESOLVEDBYTHE TOWN COUNCIL OF WESTLAKE: SECTION 1: That, all matters stated in the recitals hereinabove are foundto be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council hereby adopts the Financial Policyas Exhibit A. SECTION 3:Ifany portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisionshereof and the Council hereby determines that it would have adopted this Resolutionwithout the invalid provision. SECTION 4:That this resolution shall become effective from and after its date of passage. th PASSEDAND APPROVED ON THIS 9DAYOF OCTOBER, 2023. Sean Kilbride, President ATTEST: Resolution 23-66 Page 1of 2 _____________________ Amy M. Piukana, BoardSecretary APPROVED AS TO FORM: StanLowery, Town Attorney Resolution 23-66 Page 2of 2 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-60 Agenda Date:10/9/2023 Agenda #:I.3. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-60 authorizing the expenditure of budgeted funds for Inspira Enterprises to conduct an Information Technology Security Assessment and develop an IT Security Strategy and Roadmap; and take appropriate action (Jason Power, Director of Information Technology) STAFF: Jason Power, Information Technology Director BACKGROUND: The Town of Westlake has received quotes from five vendors to provide an independent and impartial assessment of our network security and cyber defense capabilities as part of our effort to assess and improve organizational cyber resilience and preparedness. After careful review, staff recommends that the Council approve expending budgeted funds for a security assessment and a security strategy and roadmap deliverable with Inspira Enterprise. Inspira quoted the fixed-cost price for a 5-week cybersecurity program assessment at $25,000, with 50% due at the signing of the Statement of Work (contract) and the final 50% due at the delivery of the Final Report (final deliverables). Inspira recommends starting with a current statematurity and IT security capabilities assessment that will provide an understanding of The Town of Westlake’s cybersecurity posture, identify high-impact and high-risk opportunities for immediate action, a target state of maturity based on The Town’s specific organizational risks and requirements, and development of both short and long-term focused enterprise-wide IT Security Strategy and Roadmapdeliverable. The assessment shall be performed against: National Institute of Standards and Technology Cybersecurity Framework (NIST CSF) Service Organizational Control (SOC 2) For a period of up to five (5) weeks, Inspira will leverage a team of experts to provide professional services to complete the identified activities and deliver a roadmap of recommendations resulting from any identified findings. Further Background: Staff received quotes from the following companies: 1)Birch Cline - Penetration testing, analysis and reporting - $24,900. 2)EIQ / SilverSky - EIQ - Purchasing audit $0; Silversky - Penetration testing, analysis, and reporting - $23,852. Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-60 Agenda Date:10/9/2023 Agenda #:I.3. 3)Inspira Enterprises - $25,000 4)Tangent - Penetration testing, analysis and reporting - $7,500. 5)Versa Trust - Penetration testing, analysis and reporting - under $30,000. Quotes and information provided from each are attached. Birch Cline, Tangent and Versa Trust provided quotes for penetration testing services, analysis and reporting of the findings, as well as suggestions for next steps. SilverSky provided a quote for penetration testing, analysis and reporting. A separate service would be provided by EIQ for analysis of purchasing across the entire organization at no initial cost. Some caveats to this are that the Town and Academy would need to provide all purchasing records to EIQ for them to store and maintain, and all future purchases would need to be made through EIQ without bidding or using contracted pricing from approved cooperatives. Inspira Enterprises will provide penetration testing, analysis, and reporting of findings, as well as provide a security strategy and roadmap for moving forward with recommended changes, policies and procedures. Staff feel that this is the best overall option to pursue, and the cost is comparable to most of the other quotes received. FISCAL IMPACT: Quoted amount is $25,000 and is within the FY24 budgeted amount of $30,000 for the project. STAFF RECOMMENDATION: Staff recommends approving the expenditure of budgeted funds for Inspira Enterprises to conduct an Information Technology Security Assessment and develop an IT Security Strategy and Roadmap. ATTACHMENT(S): 1)Birch Cline proposal 2)EIQ / SilverSky proposal 3)Inspira Enterprises proposal 4)Tangent proposal 5)Versa Trust proposal 6)Resolution 23-60 TOWN COUNCIL ACTION/OPTIONS: 7)Motion to approve 8)Motion to amend with the following stipulations (please state stipulations in motion) 9)Motion to table 10)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ Statement of Work Penetration Testing Services Prepared for: Prepared by: 3839 McKinney Avenue, Suite 155-2166 Dallas, Texas 75204 1-833-Birch-Cline May25, 2023 4 ¡«¤ ®¥ #®³¤³² 1. Introduction ......................................................................................................................................................... 3 2. Project Overview ................................................................................................................................................. 3 3. Scope of Services Overview............................................................................................................................... 3 Scope Summary .................................................................................................................................................. 3 Project Phases ...................................................................................................................................................... 4 Project Deliverables ............................................................................................................................................ 4 4. Project Objectives, Phases & Tasks ................................................................................................................... 5 Phase 1: Pre-Engagement................................................................................................................................... 6 Phase 2: Reconnaissance & Social Network Analysis (SNA) ........................................................................ 6 Phase 3: Planning & Preparation ...................................................................................................................... 7 Phase 4: Active Testing & Exploitation ............................................................................................................ 8 Phase 5: Analysis & Reporting .......................................................................................................................... 8 5. Schedules & Timelines ....................................................................................................................................... 9 6. Assumptions ........................................................................................................................................................ 9 7. Project Cost & Acceptance ............................................................................................................................... 10 Billing Terms ..................................................................................................................................................... 10 Terms & Conditions ......................................................................................................................................... 10 This document contains confidential and proprietary information 2 1. INTRODUCTION Birch Cline Technologies (“Birch Cline”) is pleased to present this Statement of Work (“SOW”) for Network Penetration Testing Services (“Services”, “the Services”) to the Town of Westlake, (“Westlake”, “Westlake Academy”, “Customer”). This SOW outlines the project methodology, deliverables, pricing and the technical approach that Birch Cline utilizes to deliver comprehensive cybersecurity services. 2. PROJECT OVERVIEW As part of their effort to assess and improve organizational cyber resilience and preparedness, Westlake has engaged Birch Cline to deliver an independent and impartial assessment of their network security and cyber defense capabilities. In response to this request Birch Cline is presenting this SOW for Penetration Testing Services designed to evaluate the potential for unauthorized parties to gain access to Westlake’s critical systems and data. Birch Cline will simulate real world attacks using the same tools and techniques as an adversary in attempt to identify and exploit weaknesses (vulnerabilities) in the Westlake environment. The primary goal of the proposed Penetration Testing Services is to deliver a comprehensive security assessment of the Westlake environment from the perspective of a malicious actor. 3. SCOPE OF SERVICES OVERVIEW Birch Cline will use a multi-phase process to identify and potentially exploit vulnerabilities in the Westlake network. Scanning tools will used to automate repetitive and time-consuming tasks while manual techniques will be used to garner deeper insight and situational context. These services differ from traditional security testing, which delivers a review of vulnerabilities and risks, as these services closely emulate tactics of advanced threat actors with a singular goal of identifying and exploiting high value sensitive data in the customer network. A combination of commercial and publicly available tools will be used as well as custom scripts, applications and tools developed by Birch Cline. The services encompass all aspects of the Westlake environment including firewalls, routers, intrusion detection and prevention systems, web servers, email systems, and virtual private networking (VPN) systems or other network infrastructure devices. SCOPE SUMMARY The project scope described herein summarize the penetration testing services to be performed on approved, Town of Westlake owned and managed technology and network assets, including Westlake Academy. The scope summary details the services to be provided, based on the needs as understood by Birch Cline as described in preliminary conversation with Jason Power, Westlake Director of Information Technology. The scope of services will include but not be limited to the following processes required to provide a comprehensive security assessment: This document contains confidential and proprietary information 3 Open source intelligence and public data discovery with the intent of identifying assets and intelligence that could assist, facilitate or allow a malicious actor to gain unauthorized access to the Westlake network or data. Threat actor emulation and offensive techniques (White box methodology) performed with the intent of bypassing Westlake’s cybersecurity measures and defensive technologies. Social Engineering (Phone Vishing) performed with the intent of gaining access to Westlake’s network resources. Blended attacks combining various techniques to avoid detection and prevention by Westlake’s technical resources. Network Vulnerability Scans . PROJECT PHASES 1: Pre-Engagement 2: Reconnaissance and Social Network Analysis (SNA) 3: Planning and Preparation 4: Active Testing and Exploitation 5: Analysis and Reporting PROJECT DELIVERABLES Should Birch Cline discover indicators of past, current or imminent compromise, testing will be stopped, and the findings will be promptly reported to the identified Westlake point of contact. Birch Cline will provide preliminary draft findings to the Westlake technical point of contact for review and clarification. The final report will be issued after the draft review and discussion with Westlake are complete. Birch Cline reporting deliverables follow a standard format including two primary sections: Executive Summary: Engagement overview - Brief description of the process and tasks that were carried out during the engagement. This document contains confidential and proprietary information 4 Summary of findings and recommendations - Appropriate for non-technical audiences, describes systemic issues and high-risk findings as well as provides recommendations and proposed next steps for issue resolution and ongoing risk reduction. Detailed Findings: Engagement methodology: Contains details of the actions performed throughout the testing process. Detailed findings and recommendations: Description of any findings and evidence. Where applicable and when possible sufficient information necessary to replicate the findings using publicly available tools will be provided. Descriptions including the techniques utilized by malicious actors will be provided including the actions that led to applicable success/failure outcome. Resources including web page links for further research/reading may be provided as well as recommendations for remediation and ongoing risk reduction. All exploited vulnerabilities and observed High and Critical vulnerabilities will be reported. Roadmap for remediation: Birch Cline will render recommendations for remediation/risk reduction into a roadmap that Westlake can follow to improve its information security posture, post-engagement. The roadmap will prioritize recommendations by considering such elements as the risk the associated threat poses, industry/regulatory compliance drivers, and effort to implement. Within three (3) weeks of testing completion Birch Cline will issue a formal draft report to the Westlake designated point of contact. 4. PROJECT OBJECTIVES, PHASES & TASKS Birch Cline’s penetration testing services are designed to model real world attacks against an organization, assessing its defenses against electronic, physical and social exploits using tools and processes commonly used by cyber criminals and malicious actors. These engagements are designed to identify gaps in security practices and controls that are not easily deduced as a means of standard technical assessments. Penetration Testing focuses on identifying potential damage that a determined, directed attacker could accomplish and should serve as a tool to assist organizations in the identification and defense of real cyber-attacks. Birch Cline penetration testing services begin with the collection of target data, which is analyzed for potential technical, physical and social vulnerabilities. Exploits and attack methodologies are then selectively designed and executed to gather more information and ultimately control of target assets. Compromised systems are used to establish persistence on the target network and to begin a new round of data collection within the environment. Information and access gained in early cycles is used to move the attacker closer to their objectives. This document contains confidential and proprietary information 5 Birch Cline will collaborate with Westlake to establish testing objectives that mimic the goals of advanced threat actors while achieving Westlake’s security and business objectives. PHASE 1: PRE-ENGAGEMENT A critical component of a Birch Cline engagement is to clearly establish and agree to the Rules of Engagement ("RoE"). During our initial scheduling and kickoff session, the RoE for testing are established. Topics to be covered include: Purpose of and goals for testing Definition of scope and validation of targets Testing timelines and schedules Levels of effort, and risk acceptance Reporting requirements and deliverables, timelines, and milestones Key personnel, roles and responsibilities, escalation rules, and emergency planning Birch Cline will send a confirmation email following project kick-off to ensure agreement on these items. PHASE 2: RECONNAISSANCE & SOCIAL NETWORK ANALYSIS (SNA) For a high-level targeted attack to be successful a thorough understanding of the target must be obtained by the attacker. During the Reconnaissance phase Birch Cline collects data using standard network probing and open source intelligence (OSINT) as well as an advanced assessment approach that includes target mapping via Social Network Analysis (SNA) and Sentiment Analysis (SA) of both Westlake’s social media presence as well as associated employee (current and former) social network data. Through these processes that are commonly used by nation state actors, Birch Cline provides valuable analysis that includes the most probable target points and the targets that a malicious actor will perceive to be most susceptible to attack (e.g. phishing attacks). Additionally, physical observation of the in-scope target location may occur if applicable, including passive reconnaissance (OSINT land and physical assessments) and active reconnaissance (drones, covert video and photographic observation) as well as a full assessment of wireless network broadcast range and availability. Keeping in mind that the goal of the penetration test is to provide an accurate perspective of the environment from a malicious actor’s perspective using compromised credentials, Birch Cline strongly emphasizes the use of OSINT (Open Source Intelligence) and research to acquire employee names, email addresses and associated information by utilizing the same resources and techniques as a malicious actor, such as performing non-aggressive use of public services and social networking websites as well as identifying and acquiring public and previously compromised data that may exist on the deep and/or dark Web, along with many other techniques that an attacker would perform if targeting the Westlake environment. This document contains confidential and proprietary information 6 Measures performed in the Reconnaissance phase may also include (according to RoE and scope): External Penetration Testing: Analysis of the Westlake public website, public disclosures, documents and other data available for general public access. Review DNS, MX records and publicly available infrastructure. Identification of products and technologies in use at Westlake via job postings, vendor case studies and publicly available sources. Internal Penetration Testing: Customizing drop boxes in accordance with the C2 infrastructure configured for Westlake. Preparation for delivery and concealment. Loading and preparation of USB drops, scenarios, tokens and appropriate payloads according to rules of engagement and project scope. Configuration and preparation of special purpose devices to be utilized according to rules of engagement and project scope (LAN Turtle, Bash Bunny, Rubber Ducky, Packet Squirrel, WIFI Keylogger: all tools specifically designed for covert cyber-attack testing and simulation purposes) Network Vulnerability Scans PHASE 3: PLANNING & PREPARATION Collected data is analyzed and potential vulnerabilities are mapped during Planning and Preparation. Interactions with services become more aggressive though the goal is eliciting additional information, not exploiting vulnerabilities. Vulnerabilities are evaluated for their likelihood of success, risk of detection and efficacy in furthering testing objectives. Specific to the external network perimeter, Birch Cline will explore hosts to look for potentially exploitable vulnerabilities. This type of vulnerability discovery may use automated scanning on a limited basis where it is most appropriate, but most testing will be manual. Birch Cline selects the most appropriate vulnerabilities and develops attack plans to exploit them, with the types of attacks chosen depending on the scope and objectives of the engagement. Planning & Preparations actions include: Development of social engineering scenarios, site duplication and command and control infrastructure creation Checking application versions to confirm vulnerability This document contains confidential and proprietary information 7 Cracking collected password hashes (garnered via phase 2) and prepare compromised authentication tokens. Development of applicable exploit methods for identified hardware and software. Loading and preparation of USB drops, scenarios, tokens and appropriate payloads according to rules of engagement and project scope. Configuration and preparation of special purpose devices to be utilized according to rules of engagement and project scope (LAN Turtle, Bash Bunny, Rubber Ducky, Packet Squirrel, WIFI Keylogger). PHASE 4: ACTIVE TESTING & EXPLOITATION The Active Testing and Exploitation phase involves the testing of previously identified vulnerabilities with the goal of identifying the extent to which any vulnerability can be exploited to gain access to the environment, identify high-value targets and avoid detection. Only the actions agreed upon in the RoE will occur during this phase. No exploitation activities will be performed without the expressed written consent of Westlake, as outlined in the RoE. Significant effort is taken during this phase to document and record steps taken and the techniques utilized in order to provided Westlake with comprehensive information to utilize during remediation and risk reduction Some of the standard exploit tactics that will occur during this phase will include: Social engineering attack execution Web application attacks Network attacks Memory based attacks Physical (on-site) assessments may include: Drop boxes Wireless network attacks USB drop devices PHASE 5: ANALYSIS & REPORTING Upon the completion of the Active Testing and Exploitation, Birch Cline performs a thorough review and analysis of data and logs that were collected during the engagement. Birch Cline keeps comprehensive documentation of how the network was compromised. The resulting report contains the full explanation of the penetration which describes the techniques and tools used, the vulnerabilities This document contains confidential and proprietary information 8 and systems exploited, and tracing the path the tester took through the network. The report contains a full narrative with supporting documentation, such as screenshots, code snippets, and other forms of evidence. 5. SCHEDULES & TIMELINES Active testing will occur over the course of two (2) weeks / fourteen (14) days. Birch Cline will contact Westlake’s designated representative within three (3) business days after the execution of this SOW to schedule a time for the services to be performed. 6. ASSUMPTIONS The program and associated price quoted within this Statement of Work are based on the following assumptions. Should any element(s) of these assumptions be lacking during execution of services, additional time and associated fees and expenses may be required to complete this Statement of Work. 1. Birch Cline will not develop applications as a part of this Statement of Work. 2. Birch Cline is not responsible for delays caused by failures; including but not exclusive to systems, personnel or environmental causes or in receiving data from Westlake. 3. If applicable, Westlake will provide the necessary workspace and network access to provide the above services. 4. All parties agree that personnel shall not be asked to perform, nor volunteer to perform, engineering and/or consulting tasks that lie outside the skill sets and experience of personnel. Personnel have the right to decline on a service request if the request falls outside the scope of their experience and expertise. 5. Only systems owned and managed by Westlake will be in scope for assessment activities. 6. Birch Cline will provide a box/appliance/VM to be connected to Westlake’s network to facilitate remote access to conduct penetration testing services. 7. If any IP addresses, hosts, facilities or web applications within scope are owned or hosted with a service provider or other third party, it will be necessary for Westlake to obtain permission from that party before Birch Cline will perform any Services. 8. Testing will be limited to Westlake employees. This document contains confidential and proprietary information 9 7. PROJECT COST & ACCEPTANCE Birch Cline is pleased to provide security services to the City of Westlake, as described in the prior sections for a fixed price of $24,900. In the event there is a need to expand or change the scope or scheduling of this engagement a formal change order will be executed, and additional fees may apply. Penetration Testing Services 1 $24,900 Total: 1 $24,900 BILLING TERMS Birch Cline will invoice services for this engagement upon completion. All invoices are due and payable within 30 calendar days of the invoice date. Birch Cline services are available on TIPS-USA Technology Products and Services Contract Number 220105. The pricing provided in this SOW is expires from the date of the SOW. By the signatures of their duly authorized representatives below, Birch Cline Technologies and Westlake, intending to be legally bound, agree to all the provisions detailed in this Statement of Work. TERMS & CONDITIONS This Statement of Work (SOW) is subject to and governed by the terms of the services agreement between The Town of Westlake and Birch Cline, or, if The Town of Westlake and Birch Cline have not executed a services agreement, by the terms of the “Birch Cline Master Services Agreement”, located at https://www.BirchCline.com/master-services-agreement, incorporated herein by reference (in either case, the “Terms and Conditions”). A copy of the Terms and Conditions is available upon your request. This agreement shall be considered a “SOW” for purposes of the Terms and Conditions. Birch Cline TechnologiesTown of Westlake 3839 McKinney Ave. Suite 155-2166 1500 Solana Blvd Dallas, TX 75204 Building 7, Ste 7200, Westlake, TX 76262 By:________________________________________ By:________________________________________ Print Name:________________________________ Print Name:________________________________ Print Title:_________________________________ Print Title:_________________________________ Date Signed:________________________________Date Signed:________________________________ This document contains confidential and proprietary information 10 Contract Number: S ERVICES O RDER F ORM C OVER P AGE Customer Legal Name: SilverSky Inc. Name: Town of WestlakeSilverSky Inc. Entity Type: a Delaware corporation State of Formation: Customer Address:SilverSky Address: Address: 3015 Carrington Mill Boulevard City, State, Zip: Westlake Texas, Suite 400 Fax: Morrisville, NC 27560 Customer Business Contact: Name: Phone: Email: Customer Billing Contact: Name: Phone: Email: Notices Attn: Accounts Payable Notices Attn: Legal Department This Order is between SilverSky Inc. weusour, on behalf of itself Customer collectively referred to a youyour For purposes of this means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ability to exercise voting power, by contract or otherwise. This Services Order Form consists of this Cover Page and the attached Term and Pricing page. This Order is one component of the Master Services Agreement (MSA) between SilverSky and you. The other components of the MSA are the General Terms and Conditions, and all relevant Service www.silversky.com), and any other ordering documents that may be signed or submitted to SilverSky by Customer and approved by SilverSky. All Services provided under this MSA will be governed bythe terms and conditions of this MSA. In the event of a conflict between the General Terms and Conditions and any terms specified in the Service Description, the terms included in the Service Description shall take precedence. Effective Date you represent and warrant to SilverSky that you have read the terms and conditions set forth at https://www.silversky.com/terms-conditions/and agrees to such terms and conditions and to be legally bound thereby. Town of Westlake:SilverSky Inc.: By: By: (Authorized Signature)(Authorized Signature) Printed Name: _______________________________Printed Name: Title: _______________________________________Title: Date: _______________________________________Effective Date__________________________ V 2020-011 © 2020 SilverSkyCONFIDENTIALPAGE 1OF 4 Contract Number: T ERM AND P RICING: 1.InitialTerm: Commences on theEffective Date and expires on the 12-month anniversary of the Operational Service Date. means the date all of the Services listed in the fee schedule below are deployed or 45 days from the Effective Date, whichever date is earlier. Deployment projects with activities beyond 45 days are considered complete when 90% of initial assets are ingested into the platform or customer delays communication with our Deployment team for over 10 business days. 2.Fees: You agree to pay the fees stated below for each Service. the first full year of service as of the Operational Service Date and any additional years included withinthe term of this agreement will be billed at each respective anniversary date of the Operational Service Date. In the event You increase the quantity of services purchased, SilverSky will bill for any incremental fees associated with a change in quantities on a monthly basis, beginning in the month of the quantity change and through the end of the Initial Term. Note: All quantities purchased will be confirmed prior to each renewal data, if applicable. 3.InstallationFees: Any applicable pre-deployment installation and set-up fees that we invoice prior to the Launch Date must be paid in full before we will deploy the Services. 4.RenewalTerm: The Services listed below will automatically renew for a period equal to the InitialTerm listed above with the exception of one-time Consulting Services. Either party may opt out of the renewal if they provide the other party with written notice of the intention not to renew at least 60 days prior to the beginning of the renewal term. The fee schedule hereon, including all related pricing, will remain in place during the Initial Term; all fees and related pricing will be subject to a standard price adjustment of a maximum of 5% or the percentage increase in the CPI for the preceding yearas publicly reported as of the renewal date. Note: No later than 120 days prior to your renewal date, SilverSky will request that you complete a self-attestation document to confirm the quantities of services purchased. SilverSky may adjust the quantitieswithin the Rate and Fee schedule based on the results of this self-attestation. 5.CancellationFees: If the Services are terminated prior to the end of the Initial Term or any renewal term, for any reason other than our material breach of the MSA, you will pay us a cancellation fee. The cancellation fee will be equal to 100% of your average monthly invoices for the six months prior to the date of termination multiplied by the number of months remaining in the then current term ofThe Service. The cancellation fee constitutes liquidated damages and is not a penalty. You acknowledge that, the Service are cancelled prior to the completion of the Initial Term or any renewal termdamages will be difficult or impossible to ascertain. Your obligation to pay the cancellation fee is in addition to, and not exclusive of, your obligation to pay all fees accrued and unpaid at the time of termination for any reason. 6.AdditionalServices(ifapplicable): You have agreed to purchase additional, complementary services/SKUs (as included in the rate sheet below) and the descriptionof such ancillary services as set forth on the SilverSky website (www.silversky.com).These services are governed by the terms of the MSA. V 2020-011 © 2020 SilverSkyCONFIDENTIALPAGE 2OF 4 Contract Number: Installation, Equipment and One-Time Fees QtyPart NumberDescriptionUnit PriceExt Sell External Pen Testing Tier 1 -Up to 10 IP 1S-266-2431$3,852.00$3,852.00 addresses in scope 1S-266-2821Internal Pen Testing Tier 4 -Up to 3000 IP $20,000.00$20,000.00 addresses in scope Sub-Total for Installation, Equipment and One- Time Fees $23,852.00 Note: Component Provisioning Commitments: We have not performed an onsite audit of your infrastructure. If different or additional hardware or software is determined during the deployment process to be necessary, we may assess additional charges so long case prior approval from You will be obtained. Pricing excludes taxes and is valid until 7/2/2023 Software licenses included in the Services are provided by SilverSky and will be revoked upon expiration or termination of this Services Order. V 2020-011 © 2020 SilverSkyCONFIDENTIALPAGE 3OF 4 Contract Number: SilverSky Inc. Install Invoice 440 Wheelers Farms Road, Suite 202 Milford, CT 06461 DateInvoice # 6/2/2023 Phone(800) 234-2175 FAX (203) 878-1284 B ILL T O: Town of Westlake Westlake Texas, , Attn: Accounts Payable * NOTE: Deployment of Services will begin upon receipt SKUDescriptionAmount S-266-2431External Pen Testing Tier 1 -Up to 10 IP $3,852.00 addresses in scope S-266-2821Internal Pen Testing Tier 4 -Up to 1000 IP $20,000.00 addresses in scope $23,852.00 TOTAL Originally prepared 7/1/22 3:21 PM; Revised on 7/1/2022 (3:21:46 PM) by Clark Easterling V 2020-011 © 2020 SilverSkyCONFIDENTIALPAGE 4OF 4 WANWLANLAN SilverSkyProprietary S ERVICE O RDER A TTACHMENT S TATEMENT O F W ORK S-266-2431E XTERNAL P ENETRATION T ESTING 1Overview This Statement of Work (“SOW”), with any appendices included by reference, is part of any agreement which incorporates this document by reference. 1.1Service Summary The purpose of the External Penetration Testing (the “Service”) is to identify the feasibility of an attack on, and determinethe extent of impact of a successful exploitation of, Internet-facing systems controlled by Customer. The testing will employ intrusion analysis and testing methodologies to determine this. The process will mimic typical attacker techniques and actual attempts to exploit identified vulnerabilities. SILVERSKY consultants will meet with key members of the Customer’s staff to determine the scope and ‘rules of engagement’ before performing this testing. This preliminary range-setting includes clarifying or determining specific aspects such as the extent and depth of testing, notification requirements, and testing. The testing is performed remotely from SilverSky offices. Typically, there is minimal interaction required of the Customer after the initial range-setting meeting. Project Deliverables: Comprehensive Report 1.2Phases of Penetration Testing Phases of penetration testing activities include the following: -Planning –Customer goals and rules of engagement (RoE) obtained -Discovery –Perform scanning and enumeration to identify potential vulnerabilities and exploits -Attack –Confirm potential vulnerabilities through exploitation and perform further enumeration -Reporting –Document all found vulnerabilities and exploits, failed attempts and company strengths 1.3Project Summary SilverSkywill undertake the following primary tasks, subject to modification or extension based on the investigation findings. 1.Kick-off Meeting V 2023-03-27© 2023SilverSkyPROPRIETARY AND CONFIDENTIALPAGE 1OF 4 SilverSky Proprietary 2. Reconnaissance (Passive / Active) 3. Scanning and Enumeration 4. Exploitation and Vulnerability Validation 5. Analysis of Findings 6. Draft Report and meeting on Initial Findings 7. Comprehensive Report 2 Scope 2.1 SilverSky Obligations: Kick-off Meeting - Meet to discuss and agree on customer goals and the rules of engagement for the project. This includes project scoping (determining the target systems to be included in the testing), testing style (white box, black box or grey box testing), the timeframe for testing, the extent to which system exploits can be performed, and procedures to follow should any issues occur during the testing. Any additional precautions or provisions are also considered before testing. Reconnaissance - Use a variety of passive reconnaissance techniques including Open Source Intelligence (OSINT) to gather publicly accessible information about the target systems and understand the target environment. Active reconnaissance will also be performed to identify the types and versions of systems and applications in use on internet facing assets. This includes port and service scans, fingerprinting and enumeration of systems. Scanning and Enumeration - Assess the integrity and overall level of external security of critical network components such as servers and devices. SILVERSKY performs vulnerability scans using tools that are continually updated and contain checks for thousands of known vulnerabilities and exploits. 1. Host Discovery - Automated and manual probing of targeted IP addresses and network blocks in scope to determine which addresses are connected to live systems and responding. This includes port scanning for well- known TCP and UDP ports which can reveal open ports and services running on the in scope devices. 2. Run vulnerability assessment tools – Perform vulnerability scan against targets in scope to identify known vulnerabilities. 3. Enumeration – Carry out enumeration techniques to get a complete picture of the targets using information gathered during the reconnaissance phase. This includes identifying valid user accounts or systems with security weaknesses to uncover potential attack vectors. Exploitation and Vulnerability Validation – Attempt to prove the ability to exploit a given vulnerability, through validation that vulnerability could be successfully exploited. Exploitation of identified vulnerabilities could lead to a breach of the external network allowing internal network access. This phase includes manually validation of vulnerabilities identified in the Scanning and Enumeration phase to eliminate false positives. Manual checks also uncover vulnerabilities not identified by the assessment tools. SILVERSKY processes and techniques will vary significantly depending on the type of weakness identified and may include activities such as testing whether the system is exposed to sending malformed URLs and input on a website form, or connecting to management services using default or cracked credentials, among others. SILVERSKY will perform testing only according to the agreed-upon rules of engagement. Analysis of Findings Phase – SilverSky will compile and analyze the data generated from the assessment tools and manual checks and categorize vulnerabilities by severity, depending on the potential impact each can have in the affected network. This analysis is the basis for recommendations to potentially address risk associated with the vulnerabilities. V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 2 OF 4 SilverSky Proprietary 2.2 Deliverables At the conclusion of the assessment, SilverSky will provide a comprehensive report composed of an executive summary and a detailed findings section. Customer will have an opportunity to review drafts of the report and SilverSky will deliver a final version after joint review with Customer. Executive Summary - The executive summary summarizes the results of the assessment. It is intended for upper management and board of directors and includes: • Overview of assessment results • Itemization of the risk ratings for each area reviewed during the assessment • Key findings and recommendations Detailed Findings - The detailed findings section describes the assessment results in detail. It is intended for management, administrators and other operations personnel and includes: • An itemized listing of individual vulnerabilities • A description of each vulnerability • the severity of the threat likely posed by each vulnerability • Potentially affected resources • Recommendations for remediation 2.3 Out of Scope Any activity not explicitly included in this SOW is considered out of scope. In the event that Customer requests additional services, such services will be the subject of a change request. 3 Customer Obligations and Assumptions Services, fees and work schedule are based upon the assumptions, representations and information supplied by Customer. Customer’s fulfilment of these responsibilities is critical to the success of the engagement. 3.1 Customer Obligations Project Liaison - Designate an authorized representative to authorize completion of key project phases, assign resources and serve as project liaison. Access - Ensure SilverSky consultants have access to key personnel and data requested. Resources - Furnish SilverSky with Customer personnel, facilities, resources and information and perform tasks promptly. Cooperation - Ensure all of Customer’s employees and contractors cooperate fully with SilverSky and in a timely manner. SilverSky will advise Customer if increased Customer participation is required in order for SilverSky to perform the Service under this SOW. Documentation – Deliver in a timely fashion all documentation requested by SilverSky including Customer’s security policies, network diagrams, server listings, and procedures. 3.2 SILVERSKY Assumptions • Customer will provide SilverSky with reasonably requested information upon which SilverSky can rely to be current, accurate, and complete. • Customer will provide access to Customer personnel who have detailed knowledge of Customer security architecture, network architecture, computing environment, and related matters. • Customer will provide access to Customer personnel who have an understanding of Customer’s security policies, regulations and requirements. V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 3 OF 4 SilverSky Proprietary •Customer will evaluate SilverSky deliverables and immediately notify SilverSky of any perceived problems or issues with SilverSky obligations. • SilverSky will immediately notify Customer of any perceived problems or issues regarding Customer obligations. • Customer is responsible for any additional costs if SilverSky is unable to perform the Service due to Customer’s delay or other failure to fulfill its obligations under this Statement of work. 1 PROJECT PARAMETERS 1.1 Project Scope The scope of the project is based on the above description with the additional details listed as follows: Project Component Parameter(s) Project Start DateTypicallywithin 30 daysof EffectiveDate Project DurationApproximately1-3 weeks, subject to Tier level and project variables Project Scope Exclusions – Internal and Web Application Testing unless contracted under a Exclusions separate agreement Project Scope Tier 1 Project is limited up to 10 external IP addresses and up to 15 hours of testing Project Scope Tier 2 Project is limited up to 25 external IP addresses and up to 30 hours of testing Project Scope Tier 3 Project is limited up to 50 external IP addresses and up to 50 hours of testing Project Scope Tier 4 Project is limited up to 100 external IP addresses and up to 70 hours of testing 1.2 Location and Travel Reimbursement The Service defined in this SOW does not require onsite participation by SilverSky staff at Customer location(s). 1.3 Acceptance Delivery of all stated project deliverables will constitute acceptance of services provided under this SOW. V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 4 OF 4 SilverSkyProprietary S ERVICE O RDER A TTACHMENT S TATEMENT O F W ORK S-266-2821I NTERNAL P ENETRATION T ESTING 1Overview This Statement of Work (“SOW”), with any appendices included by reference, is part of any agreement which incorporates this document by reference. 1.1 Service Summary The purpose of Internal Penetration Testing (the “Service”) is to identify the feasibility of an attack and to determine the extent of impact of a successful exploitation of internal systems against one or more realistic objectives in an assumed breach scenario. The testing will employ intrusion analysis and testing methodologies to test the vulnerability of specific Customer assets to malicious activities. The process will mimic typical attacker techniques, including actual attempts to exploit identified vulnerabilities from a foothold within the network. SilverSky consultants will meet with key members of Customer’s staff to determine the scope and ‘rules of engagement’ for performing the testing. This includes clarifying or determining specific aspects such as the objective and target(s) of the test, notification requirements, and the timing of testing. The Customer will provide SilverSky with initial access to the internal network to simulate an assumed breach scenario as part of this assessment. Project Deliverables: Comprehensive Report structured as follows: An executive summary outlining at a business level the review conducted, the key issues found and the business impact of any vulnerabilities discovered Narrative descriptions of the scope and approach of the testing done Assessment information including the environment description, narrative, key findings (including severity, description, affected hosts, recommendation, references and evidence) 1.2 Phases of Penetration Testing Phases of penetration testing activities include the following: - Planning – Customer goals and rules of engagement (RoE) obtained - Discovery – Perform scanning and enumeration to identify potential vulnerabilities and exploits - Attack – Confirm potential vulnerabilities through exploitation and perform further enumeration - Reporting – Document all found vulnerabilities and exploits, failed attempts and company strengths 1.3 Project Summary SilverSky will provide the following primary tasks, subject to modification or extension based on the engagement: 1. Kick-off Meeting 2. Reconnaissance (Passive / Active) V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 1 OF 6 SilverSkyProprietary 3. Scanning and Enumeration 4. Exploitation and Vulnerability Validation 5. Analysis of Findings 6. Draft Report and meeting on Initial Findings 7. Comprehensive Report 2 Scope 2.1 SilverSky Obligations: Kick-off Meeting – Meet to discuss and agree on customer goals and the rules of engagement for the project. This includes project scoping (determining the target systems to be included in the testing), testing style (white box, black box or grey box testing), the timeframe for testing, the extent to which system exploits can be performed, and procedures to follow should any issues occur during the testing. Any additional precautions or provisions are also considered before testing. Objective-setting - SilverSky will propose a number of objectives according to Customer’s size, industry vertical, and potential adversaries in the threat landscape. Customer may accept SilverSky’ proposed objectives or may request alternative objectives. SilverSky will accept alternative objectives that SilverSky considers reasonable. Additional fees and a Change Order may be required if the proposed alternative objectives materially impact the scope of the engagement. Primary Objectives - These objectives are the critical success factors for the goal-based penetration test. If these objectives are completed, the test is considered a success. Secondary Objectives - These objectives are considered ‘stretch goals’ to be attempted once the primary objectives are completed. SilverSky will pursue secondary objectives SilverSky considers reasonably possible in the time allocated for the project, not to exceed the limits stated in the applicable tier below. The Primary and Secondary Objectives defined will be assessed by SilverSky to ensure they are ‘SMART’ (Specific, Measurable, Achievable, Reasonable, Time-Bound) prior to the parties’ agreement on the objectives to be completed under this SOW. Two examples of potential objectives are: Domain Admin - With credentialed access to Customer network, elevate privileges to the point where the SilverSky testing team has access to or control of an account in the ‘Domain Admins’ group on Active Directory in the Customer domain before the end date of the test. Email Access - With credentialed access to Customer network, gain access to the mailbox of USER@CUSTOMER.COM and send an email to the project liaison before the end of the test. In some cases, Customer may be required to make minor changes to its environment to allow the test to be conducted without disruption to Customer’s operations. For example, if Customer chooses the ‘Email Access’ objective, SilverSky recommends creating and properly provisioning a new mailbox for the duration of the test, rather than using an actual employee mailbox. SilverSky may use both manual and automated toolsets as part of this assessment which may require changes to the customer environment as part of the setup and configuration of the toolsets. Security Testing Phase - Steps taken may include: A) Information Gathering & Reconnaissance SilverSky may gather information about the target for potential use in later phases or for attack positioning. This might include personal information (for phishing and social engineering), technical information (for exploitation V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 2 OF 6 SilverSkyProprietary and vulnerability identification), and/or physical information (for physical intrusion). Information gathered during this phase will support the testing and will be included in the report to the extent that SilverSky believes it is pertinent to the narrative. (This phase is not a replacement for a full open-source intelligence assessment.) B) Scanning and Enumeration With an initial foothold on the network, SilverSky will perform scanning and enumeration to identify potential vulnerabilities and attack vectors in an effort to move laterally through the network and identify potential opportunities for privilege escalation. This could involve identifying unpatched software or systems, weak security controls or misconfigurations, C) Attack Execution, Network Traversal & Escalation Following the Scanning and Enumeration phase, SilverSky conducts initial actions to traverse the Customer’s network and exploit vulnerabilities on the target (both technical and non-technical) within the boundaries of the scope previously agreed upon by the parties. Lateral and vertical movement takes place within Customer’s network to locate key systems and escalate access and privilege levels. Persistence via multiple routes into and out of the network may be established. D) Actions on Target & Data Exfiltration Agreed-upon actions are executed once the key targets have been located. Such actions may include: (i) compromise of assets; (ii) interception of key information; or (iii) network positioning to allow for disruption, degradation, or destruction, alongside exfiltration of any target data or assets. It may become necessary at various points during the Security Testing phase to simulate certain activities to avoid business disruption or to keep within timescales. For example, if SilverSky identifies encrypted data it estimates could be decrypted in a reasonable time, SilverSky may ask Customer to decrypt the data. If SilverSky identifies a significant issue during the test, SilverSky will stop to identify the issue and its potential outcome. For example, should SilverSky detect a vulnerability that provides the ability to gain access to a host, application, or service, Customer will be given the choice of the potential outcome based upon SilverSky leveraging the exploit or Customer providing the same level of access without exploitation. E) Analysis of Findings Phase SilverSky will compile and analyze the data generated from the testing. Then SilverSky will categorize findings by severity - based on the potential impact each can have. This analysis is the basis for recommendations to potentially address risk associated with the findings. 2.2 Reporting At the conclusion of the assessment, SilverSky will provide a comprehensive report. The report will include three main sections: (i) an executive summary, (ii) a narrative, and (iii) a detailed findings section. Customer will have an opportunity to review drafts of the report and SilverSky will deliver a final version after joint review with Customer. Executive Summary - The executive summary summarizes the results of the assessment. It is intended for upper management and boards of directors and includes: Overview of assessment results V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 3 OF 6 SilverSkyProprietary Itemization of the risk ratings for each area reviewed during the assessment Key findings and recommendations Narrative - The narrative details the major events and findings discovered during testing. It is interspersed with technical detail and analysis. Detailed Findings - This section describes the assessment results in detail. It is intended for management, administrators, and other operations personnel and includes: An itemized listing of individual vulnerabilities A description of each vulnerability The severity of the threat likely posed by each vulnerability Potentially affected resources Recommendations for remediation 2.3 Out of Scope Any activity not explicitly stated in this SOW is considered out of scope. In particular, the Service does not include any testing of Customer’s external (public-facing) assets and does not include a comprehensive vulnerability assessment. If Customer requests additional services, such services will be the subject of a change request or additional SOWs, depending on the nature of the Customer requests. 3 Customer Obligations and Assumptions Services, fees, and work schedule are based upon the assumptions, representations and information supplied by Customer. Customer’s fulfilment of the obligations listed below is critical to the success of the engagement. 3.1 Customer Obligations Project Liaison - Designate an authorized representative to authorize completion of key project phases, assign resources, and serve as project liaison. During the test, the Project Liaison or a nominated representative should be available at all times to support the test. If the liaison is not available to answer questions or provide technical assistance, it may affect the ability of the team to conduct the test within the allowed time. Access - Ensure SilverSky consultants have access to key personnel and data requested Resources - Furnish SilverSky with Customer personnel, facilities, resources, and information and perform assigned tasks promptly Cooperation - Ensure all Customer employees and contractors cooperate fully with SilverSky in a timely manner. SilverSky will advise Customer if increased Customer participation is required in order for SilverSky to perform the Service under this SOW. Documentation - Timely delivery of all documentation requested by SilverSky including Customer’s security policies, network diagrams, server listings and procedures Scheduling - SilverSky will contact Customer to agree a start date. Once agreed, if Customer needs to change the scheduled start date this must be done at least two weeks (14 days inclusive) prior to the first day of the engagement. Any change to the dates within two weeks (14 days inclusive) of the start date may result in effort being forfeited if V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 4 OF 6 SilverSkyProprietary SilverSky cannot reassign committed resources to other customer work. Customer will be responsible for any non- refundable travel and lodging already booked, should travel have been agreed upon. 3.2 SilverSky Assumptions Customer will provide SilverSky with reasonably requested information upon which SilverSky can rely to be current, accurate and complete. For engagements conducted at Customer’s site, Customer will provide SilverSky personnel with a workplace that meets industry standard health and safety requirements along with access to network and power. Customer will provide access to Customer’s personnel who have detailed knowledge of Customer’s security architecture, network architecture, computer environment, and related infrastructure. Customer will provide access to Customer’s personnel who have an understanding of Customer’s security policies, regulations, and requirements. Customer will evaluate SilverSky deliverables and notify SilverSky of any perceived problems or issues with SilverSky obligations within two weeks (14 days inclusive) of the comprehensive report delivery. SilverSky will promptly notify Customer of any perceived problems or issues regarding Customer obligations. Customer is responsible for any additional costs if SilverSky is unable to perform the Service due to Customer’s delay or other failure to fulfill its obligations under this Statement of Work. 4 Project Parameters 4.1 Project Scope The scope of the project is based on the above description with the additional details listed as follows: Project Component Parameter(s) Project Start Date Typically within 30 days of Effective Date Project ExclusionsWeb Application Testing and External Penetration Testing unless contracted separately Project Duration Approximately 2-3 weeks, depending on Tier level and subject to project variables Project Testing Scope Tier 1Project is limited to up to 50 internal IP addresses and up to 20 hours of testing Project Testing Scope Tier 2Project is limited to up to 100 internal IP addresses and up to 30 hours of testing Project Testing Scope Tier 3Project is limited to up to 250 internal IP addresses and up to 40 hours of testing Project Testing Scope Tier 4Project is limited to up to 500 internal IP addresses and up to 50 hours of testing Project Testing Scope Tier 4Project is limited to up to 1000 internal IP addresses and up to 60 hours of testing V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 5 OF 6 SilverSkyProprietary All penetration testing services are performed as time-bounded exercises utilizing skilled and experienced consultants following our standard, repeatable methodology. Penetration testing is an active assessment of a defined network, system or application. Impact on Customer’s normal business operation is expected to be minimal. However, given the nature of the assignment, SilverSky makes no representations or covenants regarding actual consequences that may result from the testing. Should either SilverSky or Customer suspect that the testing has caused an issue, all work will be halted until such time as it has been resolved or the penetration testing been ruled out as the cause. 4.2 Location and Travel Reimbursement The Service defined in this SOW is performed remotely On occasion testing may require onsite participation by SilverSky’s staff at Customer location(s). For Customer-approved onsite participation, Customer will be invoiced for all actual SilverSky’s staff travel and living expenses associated with all onsite visits. An administration fee of ten percent (10%) of all travel and living expenses will be billed to Customer in the event Customer requires an itemized statement of such expenses. Location Scope of Work 4.3 Acceptance Delivery of all stated project deliverables will constitute acceptance of services provided under this SOW. V 2023-03-27 © 2023 SilverSky PROPRIETARY AND CONFIDENTIAL PAGE 6 OF 6 Project Proposal tƩĻƦğƩĻķ ŅƚƩʹ Town Of Westlake Jason Power tƩĻƦğƩĻķ ĬǤʹ Latitude& Tangent Paul Schwartz& Mike Waltner 191 Airport Boulevard Burlingame, CA 94010 SECURITY PROGRAM ASSESSMENT For each Security Program Assessment, Latitude will assign dedicated security analysts to evaluate: i. and ii. To accomplish this the security analyst(s): a. Conducts discovery interviews with organizational stakeholders related to the organizational structure and lines of business. b. Conducts interviews with information security program subject matter experts to identify deficient or missing program elements and/or controls. c. Evaluates relevant documentation requested from the organization, to identify general program maturity: documentation review is not focused on program effectiveness. Documentation review is focused on the existence of necessary documentation and whether or not it has been operationalized. d. Prepares a summary report of findings. i. Accompanying the summary report is a spreadsheet-based tracker containing specific program gaps identified and recommended remediation actions. iii. A debrief meeting will be scheduled with appropriate internal stakeholders to review the findings. Billing Information. TANGENT proposes to deliver the services described here for the rates set forth below on a project cost basis. Rate Description Total Fee ($) Project fee 10,000 TAGITM Discount -1,000 Current Customer Discount -1,500 $7,500 ƚƷğƌ 9ƭƷźƒğƷĻķ ŅĻĻ Ȏ Acceptance. By signing below, Town Of Westlake represents that it fully understands the terms of this Statement of Work and agrees to and accepts its terms. Town Of Westlake signature below authorizes TANGENT to begin the services described in this Statement of Work and indicates the Town Of Westlake agreement to process and pay the invoices associated with these services in accordance with the terms of this Statement of Work. IN WITNESS THEREOF, the parties have executed this Statement of Work, intending to be legally bound, as of date indicated below. Tangent Town Of Westlake __________________________________ __________________________________ Signature Signature BY:_______________________________ BY:_______________________________ Title:_______________ Title:_______________ Date:_______________ Date:_______________ Security Assessment, Strategy, and Roadmap Inspira Enterprise, Inc.1 STATEMENT OF WORK Inspira Enterprise, Inc., Town of Westlake, having its office at 1500 Solana Blvd, Building 7, Suite 7200, Westlake, Texas, 76262 th Agreement entered into between Customer and Service Provider dated October 16 2023 ( Project Description Inspira will perform cybersecurity program and compliance assessments for: Westlake IT Security Program Westlake Academy Cloud System Municipality Cloud System Public Works On-Premise System The assessment shall be performed against: National Institute of Standards and Technology Cybersecurity Framework (NIST CSF) Service Organizational Control (SOC 2) For a period of up to five (5) weeks, Inspira will leverage a team of experts to provide professional services to complete the identified activities and deliver a roadmap of recommendations resulting from any identified findings. The assessment will be facilitated through the use of the TrustCloud platform. 1. Terms th th The engagement shall begin on October 16, 2023 and execute through November 17, 2023. 2. Services Services Use of the TrustCloud platform for assessment facilitation, including: Mapping of IT controls across NIST CSF and SOC 2, where applicable Input of stakeholder information, including aligning to respective responsibility areas and contact information Configuration of assessment questionnaires System integration for configuration scanning, if applicable Review and analyze existing policies and procedures, questionnaire responses, and sampled evidence (where applicable). Inspira Enterprise, Inc. 2 Execute and participate in workshops (up to 10 hours) to clarify or obtain latest information from stakeholder parties. Review of the last two penetration test reports to identify any major issues which needs to be addressed. Identification of findings related to non-compliance and insecure practices. Creation of recommendations, including collaborating with the Westlake Single Point of Contact (SPOC) to identify the desired to-be state for areas of opportunity and aligning recommendations to initiatives that meet targeted outcomes. 3. Key Activities Phase 1: Planning o Scope Confirmation Collaborate with Westlake SPOC to: Confirm Schedule Confirm Stakeholders Identify Systems for Review o Project Plan (Milestone 1) Coordinate with Westlake Point of Contact to identify tasks, dependencies, due dates, and task owners o Create a responsibility matrix (RACI) to identify roles and responsibilities for activities that are to be performed as part of this SOW Phase 2: Information Gathering o TrustCloud Platform Onboarding (Milestone 2) Configure questionnaire Provide access to all applicable parties (admin, respondents, etc.) Publish questionnaire Manage questionnaire completion (monitor status, send reminders, provide additional access, as required) Onboard systems o Provide a document request list to gather information for Policies Documentation Architectural Drawings (e.g., Application and Infrastructure) Existing and known risks and weaknesses o Conduct meetings, as needed to review information gathered and confirm understanding. o Hold Interviews and Workshops (for Non-Technical Controls) (up to 10 hours) Clarify open questions from Information Gathering activities Phase 3: Review & Analyze o Determine if policies and procedures are followed as documented Inspira Enterprise, Inc. 3 o Identify findings from TrustCloud scans Phase 4: Draft Deliverables o Review initial findings with Westlake TrustCloud Results Technical Controls Inspira Analysis Non-Technical Controls o Draft results and reports (Consolidated Findings) (Milestone 3) o Draft high-level recommendations (Across findings/subject areas) for improving security posture Phase 5: Final Deliverables (Milestone 4) o TrustCloud Results Dashboard and Exports o Comprehensive Assessment Report o Recommendations & Maturity Roadmap 4. Work Products & Deliverables Weekly Status Reports (weekly starting week 2) \[Work Product\] Assessment Deliverables o TrustCloud Results Dashboard and Exports export of assessment control-level results and summaries across control frameworks Engagement Level Deliverables o Comprehensive Assessment Report a report describing the results of the assessment, including description of the engagement and scope, methodologies used, and detailed findings, categorized by identified risk to Westlake, and mapped to the applicable control framework. o Recommendations & Maturity Roadmap a presentation documenting and s security posture and maturity in alignment with NIST CSF and SOC 2 requirements. 5. Scope Program Westlake IT Security Program Systems Westlake Academy Cloud System Municipality Cloud System Public Works On Prem System 6. Out of Scope N/A only the activities described herein are included in the scope of this engagement. Inspira Enterprise, Inc. 4 7. High-Level Project Plan 8. Assumptions In planning work effort, Inspira has relied on the following assumptions related to responsibilities. Inspira shall not independently validate any information provided to it by Westlake, its agents or third parties and shall be entitled to rely upon such information. Westlake will ensure such information is complete and accurate. Westlake will provide a Lead to drive the project. The designated Lead must have the ability to make clear decisions regarding the scope and schedule of work activities independent of the senior/executive team. Westlake business decisions will be made within three business days of requests, including review and approval of deliverables. Westlake will commit necessary resources to support the Project and perform the agreed upon acceptance procedures in a timely manner, including communicating and obtaining active participation from business stakeholders and application owners. Use of any report or deliverable is limited to Westlake and cannot be relied upon by any third party. Westlake will ensure it does not amend or modify any deliverables provided by Inspira without its consent. Inspira will not provide any legal or regulatory advice or guarantee that our services will enable Westlake to meet applicable legal, regulatory or industry standards or other requirements. In addition, the Services are not intended to detect all security or network threats or vulnerabilities of Westlake systems or prevent intrusions or damage to Westlake network or operations. Westlake will ensure that Inspira is not provided sensitive or restricted data during the course of this engagement. Inspira Enterprise, Inc. 5 Westlake will be responsible for confirming risk rankings associated with any findings and for prioritizing the remediation of any findings. Inspira will leverage a global delivery model (resources located in the United States and India) throughout this engagement. 9. Success Criteria To ensure a successful engagement, Inspira requests and requires the following from Westlake: Live workshops to be limited to two up to 10 total hours of workshops. Westlake will provide a point of contact to facilitate all contacts with Westlake stakeholders as well as to drive Westlake teams for timely follow ups (i.e., via email, ad-hoc meeting requests, etc.), when required. Westlake will support Inspira in limiting stakeholder/respondent time to complete questionnaires to 2 weeks, with limited follow up for an additional 2 weeks, if required; total of 4 weeks to complete questionnaires. Any information requested by Inspira will be provided within three business days of the request. Westlake will ensure that service accounts with appropriate access permissions (typically read-only) are provided in support of TrustCloud integration. 10. Place of Performance The Services will be performed in the following locations: Remotely: Inspira or partner offices or employee residence locations 11. Acceptance Plan Inspira will provide Westlake drafts of all deliverables for feedback. Feedback, except for requests to change assessment findings, shall be incorporated for up to 2 cycles. Westlake shall provide written acceptance of the following: o Milestones o Deliverables Written acceptance may be in the form of email approvals. 12. Training N/A 13. Matrix N/A 14. Reports As outlined in deliverables section 3 herein 15. Service Levels and Service Level Credits Inspira Enterprise, Inc. 6 N/A 16. Pricing The Fixed Fee pricing for this engagement is: Activity Price Contract Signed $12,500 Final Deliverables $12,500 Estimated Price: $25,000 Payment and pricing terms: Inspira will invoice twice, with a net 30 payment term. All payments shall be made in accordance with Section 3 (Invoices and Payment) of the Agreement. Work beyond the identified scope of work, key activities, and deliverables will be performed at Westlake provided based on the scope. 17. Other Terms (if any) Inspira shall utilize TrustCloud solution for facilitation of this engagement. Information about TrustCloud can be found at www.trustcloud.ai. Accounts for questionnaire respondents will be provided, as needed (including for infrastructure, engineering, information technology, system administrators, and other departments), for the purpose of responding to questions, uploading artifacts (if applicable), or other activities. Inspira Enterprise, Inc. 7 Executed as an agreement: By: Town of Westlake By: Inspira Enterprise, Inc. Authorized Signature Authorized Signature Sean Kilbride, Mayor of Westlake Amit Gandre CEO, Americas Name and Title Name and Title Inspira Enterprise, Inc. 8 TOWN OF WESTLAKE RESOLUTION NO. 23-60 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS FOR INSPIRA ENTERPRISES TO CONDUCT AN INFORMATION TECHNOLOGY SECURITY ASSESSMENT AND DEVELOP AN IT SECURITY STRATEGY AND ROADMAP. WHEREAS, the Town of Westlake must utilize technology, including hardware, software and services, to provide effective and efficient municipal and academic services to staff, students, citizens and stakeholders; and, WHEREAS, the Town Council finds and concludes that an independent and impartial assessment by Inspira Enterprises of our network security, cyber defense capabilities, and IT policies and procedures with the purpose of providing a recommended security strategy and roadmap is in the best interest of the staff, students, citizens, and stakeholders; 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 and authorizes the expenditure of budgeted funds for Inspira Enterprises to conduct an information technology security assessment and develop an IT security strategy and roadmap. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. TH PASSED AND APPROVED ON THIS 9 DAY OF OCTOBER 2023. ATTEST: _____________________________ Sean Kilbride, Mayor Resolution 23-58 Page 1 of 2 ________________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 23-58 Page 2 of 2 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-55 Agenda Date:11/6/2023 Agenda #:J.1. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-55 authorizing the Town Manager to renew network security licensing, software, services, maintenance, and support for one year for a total amount of $74,491.50, allowing continuity of services provided to Westlake academy students and staff, as well as municipal staff and Westlake citizens and stakeholders; and take appropriate action. (Jason Power, Director of Information Technology) STAFF: Jason Power, Director of Information Technology BACKGROUND: At the September 25, 2023 meeting, Council chose to table the purchase of two new network security firewalls and asked if the IT audit could be completed prior to the purchase. The current firewalls licensing expires th November 30 therefore staff is requesting that a one year renewal of licensing be purchased to give a third party provider time to complete the audit and report findings if Council chooses not to purchase new equipment and licensing. Staff requested an updated quote for the renewal since the previous quote was from May 2023 in our budgetary process. Current pricing for renewal is lower than previously quoted due to Staff removing the renewals for two devices that will be decommissioned next month. Current licensing expires on November 30, 2023. The network security hardware, software and services will not function without active licensing, and without these our internal and external network services at Westlake Academy, Town Hall, Fire Station, and Maintenance Building (including but not limited to: SCADA, internet, utility billing, records access, telephone services, paging system, and security cameras) will not function or not be accessible. The renewal cost does not include the purchase of any new network security hardware, software or services; it is only for the renewal of licensing for hardware, software, services, maintenance, and support for one year. The one-year renewal cost uses Texas DIR contract pricing, which is in compliance with Texas state statutes and rules for procurements. Network Security Appliances are commonly referred to as “firewalls”, but they do much more than block specified incoming or outgoing traffic. These devices provide real-time inspection and monitoring all incoming and outgoing traffic at Westlake Academy, Town Hall, Fire Station, and Maintenance building by integrating with all devices on our network (switches, routers, wireless access points, computers, tablets, phones, etc.) and checking all that information against known vulnerabilities and any activity that could lead to a vulnerability. The security services included cover Web Security (web filtering), Content Security (file-based threats and attacks like ransomware and viruses), and Device Security (intrusion prevention, attacks on devices like ransomware and viruses). Town of WestlakePage 1 of 4Printed on 10/10/2023 powered by Legistar™ File #:RES 23-55 Agenda Date:11/6/2023 Agenda #:J.1. Information provided at the September 25, 2023 meeting is below: Staff recommend purchasing (2) network security appliances, including three years of coverage for licensing, software, services, maintenance, and support. We will install one in our EOC at the fire station and another at Westlake Academy to serve as a failover/backup device where we also have a backup internet connection, allowing continuity of services provided to Westlake Academy students and staff, as well as municipal staff and Westlake citizens and stakeholders. We are asking for approval at this time to allow Staff to begin the process of purchasing on or after October 1, 2023, the start of the next fiscal year, in case of any delays in availability, financing, or installation. Total cost, including network security hardware and 3 years of licensing, software, services, maintenance, and support: $237,558.19. 3-year FMV lease: Estimated $7,032.47/month ($84,389.64/year for three years) for an estimated total lease cost of $253,168.92. We will not be charged any administrative fees, end of lease fees or deposits. The hardware will be sent to the leasing company at the end of the lease period, with no credits or refunds given. Leasing will cost an estimated total of $15,610.73 ($5203.58/year) more than buying outright. Either way, at the end of 3 years the hardware will not function without paying for licensing. Utilizing a lease allows the option to pay for the purchase over 3 years instead of the entire purchase up front. Both options above will be more cost-effective than renewing our existing network security hardware, licensing, software, services, maintenance, and support, and will provide us with newer hardware that is more capable that our current hardware. Our current licensing, software, services, maintenance, and support expires in November 2023 and must be renewed for continuity of services. They will not function after November 2023 without paying for renewal. Estimated 1-year renewal cost of existing network security devices, licensing, software, maintenance, support, and services: $94,125 ($9,735.36 more than the estimated yearly cost of a 3- year lease). Our current network security hardware devices are 4 years old, and the renewal costs will increase each year as the hardware ages. If purchasing new at full price or via a 3-year lease is not an option, I recommend renewing coverage of our existing network security hardware, licensing, software, maintenance and support instead of buying new hardware from a different vendor/provider. We have four vendor quotes for network security hardware, software, and services, all with co-op pricing. Product A - $320,000 Product B - $288,000 Product C - $252,000 Town of WestlakePage 2 of 4Printed on 10/10/2023 powered by Legistar™ File #:RES 23-55 Agenda Date:11/6/2023 Agenda #:J.1. Product D - $240,000 (Staff recommended) There are multiple differences and similarities between these quotes, but two important requirements must be met before making any other comparisons: 1) The network Security Appliance must have the ability to maintain an average sustained network traffic throughput while processing and analyzing our traffic. Our network “speed” is greatly affected by the number of devices on our network at Westlake Academy, which is why we need more robust and capable network security appliances. We need a network security appliance that can process and analyze a minimum of 10Gbps (10 Gigabits per second) in at least three ways simultaneously without “slowing down” our traffic - 1) application traffic, 2) intrusion prevention, and 3) threat protection. 2) The network security appliance must have at least six (6) 10Gbps or higher interfaces (ports) available to connect to all 4 of our locations (WA, Maintenance building., Fire Station, Town Hall) as well as (1) connection for our internal network and (1) connection to our internet provider. All the network security appliance companies, including the one recommended by staff, offer lower-priced options. However, these options either do not have enough 10Gbps or higher interfaces or function at rates lower than our average traffic throughput, which would result in a “slower” network. We purchased and installed faster, more capable network security devices in 2019 due to the “slower” network caused by our previous network security device, which was more than adequate when we purchased it in 2015 but by 2019 operated well below our minimum requirements for network traffic. The options I have requested quotes for meet the two requirements listed above. Staff are recommending the most affordable network security hardware, software, and services, and it also meets the two requirements above. Budgetary quotes for network security hardware, software and services by the other vendors also meet the two requirements but are more costly and did not include many of the additional services and software. Similar options are offered at an additional cost by the other providers but would also increase the overall cost of those options. FISCAL IMPACT: One-year renewal cost of $74,491.50 STAFF RECOMMENDATION: Staff recommends approving renewing the licensing of network security hardware, software, services, maintenance, and support for one year for $74,491.50. ATTACHMENT(S): 1)Resolution 23-55 2)General Data Tech quote for renewal TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) Town of WestlakePage 3 of 4Printed on 10/10/2023 powered by Legistar™ File #:RES 23-55 Agenda Date:11/6/2023 Agenda #:J.1. 3)Motion to table 4)Motion to deny Town of WestlakePage 4 of 4Printed on 10/10/2023 powered by Legistar™ TOWN OF WESTLAKE RESOLUTION NO. 23-55 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO RENEW NETWORK SECURITY LICENSING, SOFTWARE, SERVICES, MAINTENANCE, AND SUPPORT FOR ONE YEAR FOR A TOTAL AMOUNT OF $74,491.50, ALLOWING CONTINUITY OF SERVICES PROVIDED TO WESTLAKE ACADEMY STUDENTS AND STAFF, AS WELL AS MUNICIPAL STAFF AND WESTLAKE CITIZENS AND STAKEHOLDERS. WHEREAS, the Town of Westlake must utilize technology, including network security hardware, software and services, to provide effective and efficient municipal and academic services to staff, students, citizens and stakeholders; and, WHEREAS, based on the scope of services provided, the Town of Westlake must maintain the network security hardware, software and services to provide said services; and, WHEREAS, the Town Council finds and concludes that maintaining reliable, secure, and current technology is necessary to protect and preserve the security and integrity of technology that supports the staff, students, citizens and stakeholders of the Town; and, WHEREAS, the Town Council find and concludes that purchasing technology through DIR or an established cooperative buying entity satisfies the requirements of the formal bid process and both have legislative authority to establish contracts for government and education agencies in 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 Council of the Town of Westlake, Texas, hereby approves and authorizes the Town Manager to renew network security licensing, software, services, maintenance, and support for one year for a total amount of $74,491.50, allowing continuity of services provided to Westlake academy students and staff, as well as municipal staff and Westlake citizens and stakeholders;. 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. Resolution 23-58 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 9 DAY OF OCTOBER 2023. ATTEST: _____________________________ Sean Kilbride, Mayor ________________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 23-58 Page 2 of 2 General Datatech, L.P. Page 1 of 2 Dep. 8014 P O Box 650002 Dallas, TX 75265-0002 Phone: (214) 857-6100 Quotation Sold-To-PartyInformation TOWN OF WESTLAKEQuotation No.20206140Account Manager(s) 2600 J T OTTINGER RDQuote Issue Date09/29/2023JUSTIN BAKER, WESTLAKE TX 76262-8012Quote Expiration Date12/27/2023 Customer No.102825 DIR Contract No.DIR-TSO-4288 Requested By Ship-To-Party RFQ No. TOWN OF WESTLAKE 2600 J T OTTINGER RD WESTLAKE TX 76262-8012 External Notes: Fortinet Renewal ItemPart Number/DescriptionQuantityPriceExtended 10COTERM 1 34,772.59 USD 34,772.59 Co-Term Fortinet Renewal Serial# Term: 11/30/2023 - 11/30/2024 Support Description: UTM Protection (24x7 FortiCare plus Application Control, IPS, AV, Web Filtering and Antispam Services) AV, FortiGuard NGFW Service, CF, AS, 24x7 Email, 24x7 Comprehensive Support, Advance HW, Firmware and General Updates 20COTERM 1 34,772.59 USD 34,772.59 Co-Term Fortinet Renewal Serial# Term: 11/30/2023 - 11/30/2024 Support Description: UTM Protection (24x7 FortiCare plus Application Control, IPS, AV, Web Filtering and Antispam Services) AV, FortiGuard NGFW Service, CF, AS, 24x7 Email, 24x7 Comprehensive Support, Advance HW, Firmware and General Updates 30COTERM 1 4,680.36 USD 4,680.36 Co-Term Fortinet Renewal Serial# Term: 11/1/2023 - 11/30/2024 Support Description: 24x7 FC support EPP 40COTERM 1 265.96 USD 265.96 Page 2 of 2 Quotation ItemPart Number/DescriptionQuantityPriceExtended Co-Term Fortinet Renewal Serial# Ufsn;!:04103134!.!2204103135 Support Description: FortiGuard Indicators of Compromise (IOC) Service, 24x7 Email, 24x7 Comprehensive Support, Firmware and General Updates Total ( USD ): 74,491.50 Final invoice will include tax and shipping & handling. If you require this information on this quote, please notify your General DataTech Account Manager. This Quotation is governed by the terms and conditions contained in any master products and/or services agreement executed by and between the parties. In the event that no such executed master agreement exists between the parties, this Quotation shall be governed by GDT#s Standard Terms and Conditions which will be provided upon request. 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-61 Agenda Date:10/9/2023 Agenda #:I.5. TOWN STAFF REPORT RECCOMENDATIONS Consider approving expenditure of budgeted funds for the continuation of services from Arctic Wolf Managed Network Security Services for one year in the amount of $63,064.62; and take appropriate action (Jason Power, Director of Information Technology) STAFF: Jason Power, Information Technology Director BACKGROUND: Arctic Wolf Networks is a cybersecurity company that provides security monitoring to detect and respond to cyber threats. The company monitors on-premises computers, networks and cloud-based information assets from malicious activity such as cybercrime, ransomware, and malicious software attacks. Powered by threat telemetry spanning endpoint, network, and cloud sources, the Arctic Wolf Security Operations Cloud ingests and analyzes trillions of security events each week to enable critical outcomes for most security use cases. The Town of Westlake and Westlake Academy have used Arctic Wolf Managed Network Security Services since October 2021. Staff is recommending continuation of these services in FY24 with a one-year renewal at a TIPS cooperative pricing cost of $63,064.62. TIPS (The Interlocal Purchasing Cooperative) is a national purchasing cooperative managed by ESC Region 8 in Pittsburg, Texas, and provides access to competitively procured contract pricing that is in compliance with Texas state statutes and rules for procurement. We utilize the following services: Arctic Wolf Managed Detection and Response, Arctic Wolf Managed Risk, Arctic Wolf Incident Response, and Arctic Wolf Security Operations Warranty. Managed Detection and Response: Monitor, Detect, and Respond to Cybersecurity Threats The Arctic Wolf Platform delivers automated threat detection and response . Spanning thousands of installations, the Arctic Wolf Platform processes over 3 trillion security events weekly. The platform collects and enriches endpoint, network, and cloud telemetry and then analyzes it with multiple detection engines. Machine learning and custom detection rules then deliver personalized protection for our organization. The vendor-neutral Arctic Wolf Platform enables broad visibility and works seamlessly with our existing technology stacks, eliminating blind spots. The on-premise Arctic Wolf scanners discover and profile assets and collect data and security event observations from multiple sources on our networks. Our environment is monitored for threats and risks around the clock. The Arctic Wolf platform detects and responds to critical security incidents within minutes to prevent the spread of threats. Arctic Wolf services include a Concierge 24x7 Security team that investigates all suspicious activity and notifies us of real issues, eliminating false positives. We are able to conduct additional investigations, if needed, easily. Also, we have regular meetings with the Arctic Wolf Security Team to review our overall security Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-61 Agenda Date:10/9/2023 Agenda #:I.5. posture and find areas of improvement that are optimized for our environment. Managed Risk: We work with the Arctic Wolf Team to identify all assets in our environment, defining our attack surface across the network, perimeter, host, and accounts. Then the team contextualizes our attack surface coverage with risk policies, asset criticalities, and SLOs (service level objectives). This contextualization enables us to prepare our environment to end cyber risk. Once we have that perspective, the Concierge Security Team assesses and provides us with the risk priorities in the environment and advise us on remediation actions to ensure we are benchmarking against configuration best practices and continually hardening our security posture. Incident Response: If there is a cybersecurity event, Arctic Wolf provides guided remediation. They work with us on detection, response, and remediation to validate that the threat has been neutralized and verify it has not returned. They provide deep investigation into the root cause of incidents to promote the creation of customized rules and workflows that harden our security posture. Arctic Wolf Security Operations Warranty: Intheeventofacyberattack,ArcticWolfSecurityOperationsWarrantyprovidesupto$1,000,000infinancial assistance for recovery activities, legal and regulatory expenses, and other associated business costs. FISCAL IMPACT: The approved FY24 budget includes funding for Arctic Wolf for up to $66,000. STAFF RECOMMENDATION: Staff recommends approving the expenditure of budgeted funds for the continued use of managed network security services provided by Arctic Wolf. ATTACHMENT(S): 1)Arctic Wolf Quote 2)Resolution 23-61 TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ TOWN OF WESTLAKE RESOLUTION NO. 23-61 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS FOR THE CONTINUATION OF SERVICES FROM ARCTIC WOLF MANAGED NETWORK SECURITY SERVICES FOR ONE YEAR IN THE AMOUNT OF $63,064.62. WHEREAS, the Town of Westlake must utilize technology, including network security hardware, software, and services, to provide effective and efficient municipal and academic services to staff, students, citizens and stakeholders; and, WHEREAS, based on the scope of services provided, the Town of Westlake must maintain the network security hardware, software, and services to provide said services; and, WHEREAS, the Town Council finds and concludes that utilizing a cybersecurity company that provides security monitoring services to detect and respond to cyber threats is necessary to protect and preserve the security and integrity of technology that supports the staff, students, citizens and stakeholders of the Town; and, WHEREAS, the Town Council finds and concludes that purchasing technology services through DIR or an established cooperative buying entity satisfies the requirements of the formal bid process and both have legislative authority to establish contracts for government and education agencies in 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 Council of the Town of Westlake, Texas, hereby approves the expenditure of budgeted funds for the continuation of services from Arctic Wolf Managed Network Security Services for one year in the amount of $63,064.62. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 23-61 Page 1 of 2 TH PASSED AND APPROVED ON THIS 9 DAY OF OCTOBER 2023. ATTEST: _____________________________ Sean Kilbride, Mayor ________________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 23-61 Page 2 of 2 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-65 Agenda Date:10/9/2023 Agenda #:I.6. TOWN STAFF REPORT RECCOMENDATIONS Consider approving expenditure of budgeted funds in the amount of $23,837.69 for Zoom Meeting and Telephone Services Licensing; and take appropriate action (Jason Power, Director of Information Technology) STAFF: Jason Power, Information Technology Director BACKGROUND: The approved FY24 budget includes funding for Zoom meetings and telephone services licensing up to $24,600. The quote received for October 2023 through September 2024 for these services is $23,837.69, which is $762.31 less than budgeted. The quoted amount is using Texas DIR negotiated pricing, which allows us to have better pricing for our relatively small organization. Zoom services are used across our entire organization - Westlake Academy - 123 phone licenses, 2 meetings licenses. Town Hall - 34 phone licenses, 21 meeting licenses. Fire Department - 14 phone licenses, 2 meeting licenses. Phone licenses are used for phones for staff, classrooms, and common areas as well as virtual connections into the paging system at Westlake Academy, and panic buttons at Westlake Academy and Town Hall. In FY23 we had 60 Zoom meetings licenses but reduced it to 25 meetings licenses for FY24 for two reasons: 1)Staff used Zoom meetings less than expected in FY23, so we are keeping licensing only for those who used the service. 2) Westlake Academy added 11.5 FTE’s and additional office and classroom space in the new modular buildings. The phone licensing needs to increase to provide phone service for the additional employees and spaces. Reducing the meetings licenses will also help cover some, but not all the additional costs for phone licensing for the new staff and spaces. Further Background: We started discussing options for business continuity regarding our phone system with Staff and Council in 2020. Our on-premises phone system had limited features, and our only option for business continuity during 2020 and part of 2021 was to forward calls to mobile phones or have staff on-site to answer calls. With the limited availability of hardware in 2021, we waited until 2022 to propose to Council that we move to a hosted phone system that would provide us with business continuity features, enhanced 911, and options for making Town of WestlakePage 1 of 3Printed on 10/10/2023 powered by Legistar™ File #:RES 23-65 Agenda Date:10/9/2023 Agenda #:I.6. and receiving phone calls on devices other than a wired desk phone. We included this in the Budget Retreat Agenda Packet for the Council meetings on June 16 and 17, 2022. I have included a link to the packet and pointed out several pages containing references to the project below. During that budget presentation, there were no objections to anything in the IT budget for Funds 100-20 or 600- 20, which included funding for the Zoom project. Shortly after this meeting, the Town Manager asked if I could order the hardware in FY22 instead of waiting until FY23 since there could possibly be delays in receiving the hardware. Near the end of June, after the Town Manager resigned, the Deputy Town Manager asked me to move forward with the project. I received a quote from NWN Carousel to purchase the hardware at the Texas DIR contracted rate of $24,997.04. We submitted a PO for purchasing the phone hardware on July 6, 2022, and then on July 27, we submitted a PO for procuring the Zoom Phone and Meetings services, again at a Texas DIR contracted rate, for $24,603.36 for 1 year. Zoom services were set to begin on October 1, 2022, with the option to renew at the quoted rate each year for an additional two years. The initial cost of the services included training and assistance with configuration, which we began to utilize in October 2022, with the expectation for a full roll-out of hardware and services in December 2022. Manufacturing and shipping delays pushed the hardware’s arrival to January and February 2023. The IT department was still heavily involved in the PowerSchool implementation at this time, and the implementation of servers received in December 2022 began in February 2023. Implementation of the new phone system includes deploying the hardware to all locations, as well as porting (migrating) or current phone numbers to the new system, both of which would be very disruptive to the operations of the Academy and Municipal offices, so we decided to wait until the summer for implementation. I reached out to our Zoom customer success manager in May to begin scheduling the implementation, and shortly after, Zoom went through several rounds of layoffs, which caused further delays. We planned to schedule the implementation again at the end of the week of July 4 since that would probably be a slow week for the municipality, and WA would be closed, but we were unable to confirm the date in time. At the Town Council meeting for the Budget Workshop on June 22, 2023, the Zoom telephone and meetings purchase was discussed further and the information above was presented to Council. There were concerns over the recording features available in Zoom, so Staff added a section to the Personnel Manual that prohibits these activities and notified all employees of the change before the migration to Zoom telephone services occurred: “5.04.01 Prohibited Activities •An employee shall not electronically transmit, or create audio or video recordings of conversations, meetings (live or virtual), or conferences in the workplace or while conducting business, except where authorized and when all parties involved, including bystanders have knowledge of the recording;” The recording option in Zoom telephone services were disabled before being made available to staff. Zoom telephone services were fully implemented and made available to all staff on August 1, 2023. With the opening of the two new modular buildings on campus (with additional spaces for phones), as well as the additional 11.5 FTEs at Westlake Academy, Zoom phone licensing needed to increase from 141 to 156 seats. With the reduction in the number of meetings licenses we were able to keep FY24 pricing close to the same as FY23, but at a savings of 765.67 FY23 $24,603.36 vs FY24 $23.837.69). Budget Retreat Agenda June 16-17, 2022 <https://laserfiche.westlake-tx.org/WebLink/DocView.aspx? id=481366&dbid=0&repo=WESTLAKE> Page 31 - (FY23-25 is a typo and should be FY23-24) Town of WestlakePage 2 of 3Printed on 10/10/2023 powered by Legistar™ File #:RES 23-65 Agenda Date:10/9/2023 Agenda #:I.6. Fund 600 - General Maintenance and Replacement Fund: “The anticipated phone and network replacement in both the Municipal and Academic entities increase the overall costs in FY23-25. This fund has additional SLAs requests for Council’s consideration.” Page 33 - Fund 600 Five-Year Forecast Proposed FY23 Department 20 Line 1345 - Phone System/Peripheral Devices $12,500 Page 34 Fund 600 Five-Year Forecast Proposed FY23 Department 40 Line 1377 - Phone System/Peripheral $12,500 Page 50 - Line 41 “100-43267-2000 System Admin & Support Services $5985 Hosted Telephone annual service; SLA shows related savings” Page 69 - SLA for IT Fund 100-20. Shows an estimated $20,000 for hosted telephone/telepresence yearly service. FISCAL IMPACT: FY24 Budget includes budgeted funds of $24,600 for Zoom meetings and telephone services licensing. The quoted total cost for FY24 is $23,837.69. STAFF RECOMMENDATION: Staff recommends approving the expenditure of budgeted funds of $23,837.69 for Zoom Meeting and Telephone Services for continuity of business operations for the Town of Westlake and Westlake Academy. ATTACHMENT(S): 1)Current quote for Zoom meetings and telephone services licenses for October 2023-September 2024 2)2022-09-12 Invoice IN441063 for Zoom meetings and telephone licensing 3)2022-11-28 Invoice IN460776 for Polycom phones (partial order) 4)2022-12-09 Invoice IN464084 for Polycom phones (partial order) 5)Resolution 23-65 TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of WestlakePage 3 of 3Printed on 10/10/2023 powered by Legistar™ SFNJU!UP; OXO!Dpsqpsbujpo Jowpjdf QP!Cpy!995722 Mpt!Bohfmft-!DB!:1199.5722 Tijq!Up Kbtpo!Qpxfs!QP$!3133.18.33!\[ppn Upxo!pg!Xftumblf 3711!K!U!PUUJOHFS!SE XFTUMBLF!UY!87373.9123 $JO552174 Ebuf;!:02303133 Cjmm!Up UPUBM Kbtpo!Qpxfst Upxo!pg!Xftumblf 2611!TPMBOB!CMWE!CMEH!8 %35-714/47 Tvjuf!8311 XFTUMBLF!UY!87373.27:1 Evf!Ebuf;!2102303133 UfsntQP!$Tbmft!Pvu!Dpousbdu!OvncfsBhfodz!Cjmmjoh!Dpef Ofu!413133.18.33!\[ppnOXO`+Op!Dpousbdu!Sfrvjsfe Uby!BnpvouHsptt!Bnu RuzJufnQsjdfJowfoupsz!EfubjmBnpvou %95/11%6-151/11%1/11%6-151/11 71 QBS3.FQ12.FOU6.CE2Z Foufsqsjtf!Obnfe!Iptu!2!Zfbs! 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JQ!Qipof!xjui!evbm!210211! Fuifsofu!qpsut/!QpF!pomz/!Tijqt! xjuipvu!qpxfs!tvqqmz/!4!zfbs! qbsuofs!qsfnjfs!tfswjdf!jt!jodm %37/35%3-288/:3%1/11%3-288/:3 94 598Q.59921.423 Qpmz!Qmvt-UisffZfbs-WWY!261 Tvcupubm%7-942/84 !Uby%1/11 !Bnpvou!Qbje%1/11 !Bnpvou!Evf%7-942/84 Gps!cjmmjoh!jorvjsjft!dpoubdu!cjmmjoh.jorvjszAoxoju/dpn2!pg!2 TOWN OF WESTLAKE RESOLUTION NO. 23-65 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS IN THE AMOUNT OF $23,837.69 FOR ZOOM MEETING AND TELEPHONE SERVICES LICENSING. WHEREAS, the Town of Westlake must utilize technology, including hosted telephone and meeting services, to provide effective and efficient municipal and academic services to staff, students, citizens and stakeholders; and, WHEREAS, based on the scope of services provided, the Town of Westlake must maintain the hardware, software and services to provide said services; and, WHEREAS, the Town Council find and concludes that purchasing technology through DIR or an established cooperative buying entity satisfies the requirements of the formal bid process and both have legislative authority to establish contracts for government and education agencies in 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 Council of the Town of Westlake, Texas, hereby approves the expenditure of budgeted funds in the amount of $23,837.69 for Zoom Meeting and Telephone Services.. 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. Resolution 23-65 Page 1 of 2 TH PASSED AND APPROVED ON THIS 9 DAY OF OCTOBER 2023. ATTEST: _____________________________ Sean Kilbride, Mayor ________________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 23-65 Page 2 of 2 Q-115955 Date: October 4, 2023 Opportunity Name: RENEWAL: ZOOM Opportunity Number: OP-91243 Account Name: Town of Westlake NWN Carousel Primary Contact: Jason Power Sales Rep: Steven Stanley Contact Phone: (817) 490-5750 Sales Rep Phon e: Contact Email: jpower@westlake-tx.org Sales Rep Email: sstanley@nwncarousel.com BILL TO SHIP TO Town of Westlake Town of Westlake 2600 Jt Ottinger Rd 2600 Jt Ottinger Rd Westlake, Texas Westlake, Texas 76262 76262 Product TERM DATES: 10/1/2023 9/30/2024 # ITEM DESCRIPTION QTY UNIT PRICE** EXT. TOTAL 1. PAR1-BIZ-BASE-NH1Y 25 $159.92 $3,998.00 Zoom One - Biz - 1 Year Tier Start: 10 Tier End 49 Zoom Video Communications, Inc. - PAR1- BIZBASE-NH1Y Start Date: 10/01/2023 End Date: 09/30/2024 2. PAR2-ZP-COMM-1YR-2 15 $36.48 $547.20 Zoom Phone Common Area Only - Annual Tier Start: 10 Tier End 99 Zoom Video Communications, Inc. - PAR2-ZPCOMM-1YR Start Date: 10/01/2023 End Date: 09/30/2024 3. PAR1-ROOM-BASE- 1 $0.00 $0.00 RM1Y-2 Zoom Rooms - 1 Year Prepay Zoom Video Communications, Inc. - PAR1- ROOM-BASE- RM1Y Start Date: 10/01/2023 End Date: 09/30/2024 4. PAR3-ZPUN-Pro-1Y-2 156 $113.40 $17,690.40 Zoom Phone Pro Unlimited Domestic (US/Canada) PBX & DID - 1YR: Tier Start :100 Tier End 499 Zoom Video Communications, Inc. - PAR3- ZPUN-Pro-1Y Start Date: 10/01/2023 End Date: 09/30/2024 5. Zoom Phone 1 $0.00 $0.00 Zoom Phone Monthly Usage - overage fee *Subject to change* Zoom Video Communications, Inc. - Zoom Phone Monthly Usage - overage fee Start Date: 10/01/2023 End Date: 09/30/2024 6. Zoom Phone Pay As 1 $0.00 $0.00 You Go Zoom Phone Pay As You Go Zoom Video Communications, Inc. - Zoom Phone Pay As You Go Start Date: 10/01/2023 End Date: 09/30/2024 7. USF FEE 1 $1,602.09 $1,602.09 USF FEE *Subject to change Zoom Video Communications, Inc. - USF FEE Start Date: 10/01/2023 End Date: 09/30/2024 Q-115955 1 TERM DATES: 10/1/2023 9/30/2024 Total: $23,837.69 **The Monthly/Unit Price shown above has been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual price. The totals for this order were calculated using the actual price, rather than the Monthly/Unit Price displayed above, and are the true and binding totals for this order. Financial Summary Billing and Payment Terms ITEM TOTAL ITEM TERM Quote Sub-Total: $23,837.69 Subscription Term: 12 One-Time Ext. Total: $23,837.69 Billing Terms: Payment Terms: Payment Schedule: Accepted and agreed by: Town of Westlake NWN Corporation Signature Signature Name Name Title Title Date Date Q-115955 2 Terms and Conditions The pricing contained in this Quote is valid for thirty (30) days from the date of issue. Applicable taxes and freight charges will be applied to the final invoice and Customer shall be billed in accordance with the terms outlined above. arousel in writing that it intends to use the services at another/additional valid physical location(s). NWN Carousel reserves the right to reject any request to treat an alternative s invalid or otherwise inaccurate. If NWN Carousel must pay location data, Customer shall promptly reimburse NWN Carousel for the same within fourteen (14) days of demand by NWN Carousel. Further, Customer shall be responsible for notifying NWN Carousel in the event of any change to service address(s). The payment frequency set forth above details the timing and amount of the charges due under this Quote. One-Time Product charges, including hardware and software, will be invoiced in full at time of shipment. Where applicable, automatically renew on annual terms. This Quote and any applicable Products or Services purchased hereunder are subject to either (i) the applicable mutually executed Master Products and Services Agreement or Master Services Agreement that authorizes the purchase(s) herein between NWN Carousel and Customer; or (ii) where NWN Carousel and Customer have not executed such an agreement, the terms and conditions set forth at the NWN Master Agreement or Carousel Master Agreement, located at https://nwncarousel.com/master-agreement/ shall apply (the online terms and conditions : (i) service descriptions set forth at https://nwncarousel.com/service-descriptions, (ii) the third party terms set forth at https://nwncarousel.com/third-party-eula-tos-warranty/, and (iii) the compliance policies and terms set forth at https://nwncarousel.com/compliance/ and such terms are incorporated by reference into this Quote. he Agreement shall prevail. To the extent the name of the Agreement does not correspond with those referenced above but authorizes Customer to purchase Products or Services from NWN Carousel, those agreements shall additionally be deemed Agreements for the set forth in the Agreement restocking fee(s) to process such return, NWN Carousel may, in its sole discretion, impose equivalent restocking fee(s) on customer. In the event Customer does not execute this Quote and only places a Purchase Order, such Purchase Order is deemed acceptance of the terms of this Quote and any additional or different terms in such Purchase Order will not bind NWN Carousel without its written consent to amend the terms of the Quote. Provided no additional or different terms are contained in a Purchase Order, NWN Carousel may reject a Purchase Order in its sole discretion Customer chooses to place a Purchase Order rather than signing this Quote, the date of the Accepted Purchase Order shall be considered the Effective Date. Statement of Confidentiality This quote has been developed by NWN Carousel and is NWN may not be released to another vendor, business partner or contractor without prior written consent from NWN Carousel. Additional Information Q-115955 3 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:RES 23-64 Agenda Date:10/9/2023 Agenda #:I.7. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-64 approving a bid with Control Specialist; and take appropriate action (Kyle Flanagan, Deputy Director of Public Works) STAFF: Kyle Flanagan, Deputy Director of Public Works BACKGROUND: TCEQ requires Public Drinking Water Systems (PWS) to record daily flow metering of water use to report on daily, monthly, and annual water usage to the Texas Water Development Board. Recently, the Town was audited by the TCEQ and found to be in violation for not conducting daily readings on both influent meters at the Pump Station on SH 377 on weekends and holidays. An ILA was established with Roanoke to read these meters on weekends and holidays to rectify this issue. Recently both influent meters to the Towns Distribution System have broken and are outdated and need to be replaced. These meters are tied to the SCADA (Supervisory Control and Data Acquisition) system to control the rate of influent flow. Title 30 Environmental Quality, Part 1 Texas Commission on Environmental Quality, Chapter 290 Public Drinking Water, Subchapter D Rules and Regulations for Public Water Systems. Rule §290.46 (II) Systems that serve 250 or more connections or serve 750 or more people shall maintain a record of the amount of water distributed each day. DISCUSSION: the Both influent meters are now broken. Ground Storage Tank 1’s meter (GSR 1) broke around September 3rd and now the GSR 2 meter is not recording accurately. This is creating issues for the Town of Westlake’s wholesale water provider, The City of Fort Worth. The influent meters are utilized to regulate the influent flow into the Ground Storage Tanks which provide storage capacity to the Towns Drinking Water System. Fort Worth allows Westlake to draw a combined 5.7 MGD or approximately 4,000gpm through the existing wholesale meter. With the meters broken on the Tanks the Town is currently drawing water in at a rate of 9.36 MGD or 6,500gpm. This rate of flow can damage the wholesale meter and will also result in higher max hour daily charges costing significantly more in the annual penalty charges on the Fort Worth water bills. As an added benefit of replacement of these meters to more technologically advanced meter will allow for future programing in the SCADA system to read and record via time stampdailyinfluent flow of water usage. Town of WestlakePage 1 of 2Printed on 10/10/2023 powered by Legistar™ File #:RES 23-64 Agenda Date:10/9/2023 Agenda #:I.7. This will sunset the need for Roanoke to read these the meters on weekends and holidays. FISCAL IMPACT: Amount not to exceed $23,164 STAFF RECOMMENDATION: Staff recommends approval of proposed resolution, as presented. ATTACHMENT(S): Resolution 23-64 Estimate Westlake Flow Meters GSR 1 Flow Meter Photo GSR 2 Influent Flow Meter Photo TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve Resolution 23-64, as presented 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of WestlakePage 2 of 2Printed on 10/10/2023 powered by Legistar™ ESTIMATE Control Specialist Services, L.P. PO Box 1479*4916 E. Hwy 380 Decatur, TX 76234 DATE: October 2, 2023 www.csstex.com To: City of Westlake Location: 377 Station Attn: Kyle Flanagan Deputy Director of Public Works Subject: Flow meter replace Endress + Hauser This estimate includes the following services: Order 2 new mag meter Install 2 new Promag New long barrel flange coupling adapters Install & testing Material 1- 2- new Promag W 400 5W4C2H, DN200 8", Electromagnetic flowmeter Inline version. Application: Ideal for water measurement e.g. drinking water, utility water and industrial/municipal wastewater. International drinking water approvals. Installation length: DVGW/ISO conform. Corrosion-resistant transmitter version. Same housing for compact/remote version. :: Versatile standard flowmeter for the water and wastewater industry: Order code description AA -Approval: Non-hazardous area E- Design: Fixed flange L- Power Supply: 100-240VAC/24VAC/DC H- Output; Input: Modbus RS485 N- Housing: Remote, polycarbonate 5- Cable, Remote Version: 300.00 ft coil and signal cable D- Electrical Connection: Thread NPT1/2 U- Liner: Polyurethane A1K- Process Connection: Cl.150, carbon steel, flange ASME B16.5 G -Electrodes: 1.4435/316L, bullet nose A- Calibration Flow: 0.5% CQ- >>Sensor Option: IP68, Type 6P, factory potted L4- >>Additional Approval: NSF 61 drinking water approval (Delivery 4 to 6 weeks) ($ 7,232.00 each) $ 14,464.00 2- 2 new long barrel flange coupling adapters $ 3,044.00 3- Bolts & gaskets non asbestos $ 275.00 Labor install $ 4,080.00 Labor commissioning $ 1,360.00 Transportation energy cost $ 1,050.00 Total $24,273.00 Note: price is an estimate due to any unforeseen developments Note: price does not include any unforeseen parts or labor Note: price does not include freight pre pay & add Note: price does not include original call out Note: Due to logistical volatility, partial billing for stored materials shall apply Note: Estimated delivery 4 to 6 weeks after approval EXCLUSIONS: Bypassing of station and/or operating of city valves. It is the responsibility of the city to provide safe working conditions. If extra labor or materials not described above are required due to unforeseen problems the owner will be notified for approval before work is completed. This ESTIMATE is good for 30 days from the date referenced above. We thank you for considering Control Specialist Services for your service needs. Please call if you have any questions. Sincerely, Ray Reaves Sales Manager 940-626-1415 Email rayr@csstex.com Page 1 RLC Controls, Inc. Serving your Instrumentation Needs Main Address: 8115 Hicks Hollow McKinney, TX 75071 Phone: 214-683-8185 BID DATE: PROJECT: -------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------- RLC, Inc. is pleased to provide pricing for this project as an Instrumentation & Controls Subcontractor: THIS QUOTE INCLUDES THE FOLLOWING: tƩƚƦƚƭğƌ /ƌğƩźŅźĭğƷźƚƓƭ ε 9ǣĭƌǒƭźƚƓƭ Pricing does NOT include the following services and equipment: Page 2 2.Pricing includes all Per Diem and Travel Costs. 3.Pricing is based on progressive invoicing and to include payment for properly stored material. Payment terms to be net thirty days. 4.Bid valid for sixty (60) days. PRICING.$ TERMS: Net due in thirty (30) days from date of invoice. TAXES: Excluded FREIGHT: FOB Jobsite; freight allowed. INSURANCE: RLC Any additional insurance, such as being named on our policy, can be provided at an additional Cost. This quote is valid for 60 days. RLC Controls, Inc. Michael Cunningham TOWN OF WESTLAKE RESOLUTION NO. 23-64 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN AGREEMENT WITH CONTROL SPECIALIST SERVICES, L.P. FOR FLOW METER REPLACEMENT AND REPAIRS. WHEREAS, the Westlake Town Council finds that an interlocal agreement with Control Specialist Services is necessary for public health and safety; and WHEREAS, the cost for services in the amount of $24,273 has been approved by the Town Council to make repairs; and WHEREAS, the Town Council finds that the passage of this resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby authorizes the Mayor to execute the agreement with Control Specialist Services, L.P. as shown on attached SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 9th DAY OF OCTOBER, 2023. _______________________ ATTEST: Sean Kilbride, Mayor ____________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1500 Solana Blvd Building 7, Suite 7100 Town of Westlake Westlake, TX 76262 Staff Report File #:23-256 Agenda Date:10/9/2023 Agenda #:J.1. TOWN STAFF REPORT RECCOMENDATIONS 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 regarding (Trophy Club Municipal Utility Districts) and (Westlake Academy Affiliate Policies); and b) Section 551.074 (a)(1) Deliberation regarding personnel matters: To deliberate regarding Westlake Academy (Head of School) (Mayor Kilbride); and c) Section 551.071 Consultation with Attorney to seek advice of counsel on matters to which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Chapter 551 of the Texas Government Code (Builders Recovery Services BRS Litigation) (Stan Lowry) Town of WestlakePage 1 of 1Printed on 10/10/2023 powered by Legistar™