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HomeMy WebLinkAbout01.20.2026 TC Agenda Packet Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. NOTE: To comply with Senate Bill 12, Westlake Academy items will begin no earlier than 5 p.m. but may start later depending on the progression of posted agenda items. Town Council/Board of Trustees meetings are available for viewing online via live-stream or on-demand at https://www.westlake-tx.org/787/Watch-Meetings-Live. In an effort to improve meeting efficiency, any residents wishing to speak must submit a speaker Council may participate in this meeting by video-conference call. A quorum of the Town Council NOTE Council/Board of Trustees may enter into closed Executive Session for the purpose of seeking confidential legal advice from the Town Attorney and/or School Attorney on any agenda item listed herein. A.CALL REGULAR MEETING TO ORDER AND ANNOUNCE A QUORUM PRESENT B.INVOCATION AND PLEDGES OF ALLEGIANCE C.CITIZEN/PUBLIC COMMENTS This is an opportunity for citizens/public to address the Town Council on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. Individual citizen comments are normally limited to three (3) minutes. The presiding officer may ask the speaker to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council will receive the information, ask staff to review the matter, or D. ITEMS OF COMMUNITY INTEREST Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday MEETING NOTICE Tuesday, January 20, 2026 LOCATION: COUNCIL CHAMBER TOWN OF WESTLAKE TOWN HALL 1500 SOLANA BLVD., SUITE 7100 BUILDING 7, WESTLAKE, TX 76262 TOWN OF WESTLAKE TOWN COUNCIL MEETING 4 PM REGULAR MEETING AGENDA Page 1 of 52 TC/BOT 01.20.2026 Meeting Agenda Page 2 events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. D.1. Items of Community Interest (Jon Sasser, Director of Communications) E. PRESENTATION E.1. Development Update (Jason Oliver, Project Manager) F. CONSENT AGENDA All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will Minutes for the December 16, 2025 Regular Meeting. (Town Secretary Dianna Chapter 6 of the Town of Westlake, Texas Code of Ordinances entitled “Alcoholic Beverages” by clarifying the applicability of zoning, repealing provisions levying a permit fee or license fee to ensure compliance with state law, and clarifying G.PUBLIC HEARING AND CORRESPONDING ACTION ITEM located at 4110 and 4120 Aspen Lane and currently zoned as R-5, country residential district to the TC, town center form-based development district (town center edge zone). ZC No. 2025-01 (Jason Alexander, AICP, CEcD, Deputy Town Manager) PUBLIC HEARING HELD- OPENED AND CLOSED-11.18.2025 TABLED 11.18.2025 H. REGULAR AGENDA ITEMS General Election to be held on May 2, 2026, to elect persons to the Office of Mayor, Council Member Place 2 and Council Member Place 4 for the two-year term of May 2026 through May 2028; prescribing time, designating the locations and manner of conducting the election to be in accordance with the Joint Election Agreements for Election Services with Tarrant and Denton Counties; and authorizing the Town Manager to execute necessary agreements (Dianna I.EXECUTIVE SESSION The Town Council/Board of Trustees will conduct a closed session pursuant to Section 551.071 (2) of the Texas Government Code, for the purpose of seeking confidential legal Page 2 of 52 TC/BOT 01.20.2026 Meeting Agenda Page 3 deliberate the offer of a financial or other incentive to business prospects: a. 2025-05 b. 2025-08 J.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS K.FUTURE AGENDA ITEMS L.STAFF RECAP OF COUNCIL DIRECTION M.ADJOURNMENT I certify that the above notice was posted on the bulletin board at Town of Westlake, Town Hall, located at 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, and at the Westlake Academy Administration Building located at 2600 JT Ottinger Road, Westlake, TX 76262 in /s/ Dianna Buchanan, CMC Disabilities Notice: If you plan to attend the meeting and have a disability that requires special Page 3 of 52 DATE: January 20, 2026 AGENDA ITEM NO: D.1. FROM: Jon Sasser, Director of Communications, Communications SUBJECT: Items of Community Interest (Jon Sasser, Communications Director) SUMMARY/BACKGROUND: Updates on events and news around Westlake and Westlake Academy. Pursuant to Texas Government Code Section 551.0415 the Town Council (and or designee) may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. NOTABLE ITEMS AND UPCOMING EVENTS: NOTABLE ITEMS AND UPCOMING EVENTS: Planning & Zoning Meeting Tuesday, February 3, 2026; 5 pm 1500 Solana Blvd, Westlake Town Hall/Municipal Court Closed Presidents’ Day February 16, 2026 Town Council Meeting Tuesday, February 17, 2026; 4 pm 1500 Solana Blvd, Westlake Additional Notes: • Trash Day officially moved • Mayor’s Volunteer Program • 70th anniversary Town Council/Board of Trustees AGENDA ITEM REPORT Page 4 of 52 DATE: January 20, 2026 AGENDA ITEM NO: F.1. FROM: Dianna Buchanan, Town Secretary, Town Secretary's Office SUBJECT: Discuss, consider and act to approve the Town Council/Board of Trustees Meeting Minutes for the December 16, 2025 Regular Meeting. (Town Secretary Dianna Buchanan) ATTACHMENTS: 1. 12.16.2025 DRAFT TC BOT MINUTES SUMMARY : The Town Council/Board of Trustees Meeting Minutes are attached for the December 16, 2025 Regular Meeting for review and consideration of approval. BACKGROUND AND DISCUSSION: Approval of meeting minutes is a formal process ensuring accuracy, transparency, and compliance with the Texas Open Meetings Act. Meeting minutes must document a quorum being present, accurately reflect the meeting's proceedings, and record specific actions taken. Upon approval and execution, the minutes become the official transcript and permanent record of the meeting. Minutes of open meetings are considered public records and are available upon approval for inspection as outlined by the Texas Public Information Act upon request. FISCAL IMPACT: N/A LEGAL REVIEW: N/A RECOMMENDATION: Approve the meeting minutes as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Town Council/Board of Trustees AGENDA ITEM REPORT Page 5 of 52 The Town Council of the Town of Westlake also serves as the governing Board of Trustees for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. NOTE: Town Council/Board of Trustees meetings are available for viewing online via live-stream or on-demand at https://www.westlake-tx.org/787/Watch-Meetings- equest - NOTE A. CALL REGULAR MEETING TO ORDER (4 P.M.) AND ANNOUNCE A QUORUM PRESENT Mayor Greaves called the meeting to order at 4:00 p.m. and announced a quorum present. COUNCIL PRESENT: Mayor Kim Greaves Mayor Pro Tem Tammy Reeves Council Member Michael Yackira Council Member Kevin Smith Council Member T. J. Duane Council Member Todd Gautier STAFF PRESENT: Town Manager Wade Carroll Head of School Dr. Kelly Ritchie Town Attorney Alex Crowley Dir. of Innovation and Dev. Michelle Briggs Deputy Town Manager Jason Alexander Town Secretary Dianna Buchanan Finance Director Cayce Lay Lamas I.T. Director Jason Power Human Resources Director Sandy Garza Communications Director Jon Sasser Fire Chief John Ard Project Manager Jason Oliver School Attorney Janet Bubert Town Planner Cole Davenport Athletic Director Sarah Jones Academy Finance Manager Marlene Rutledge Town Council/Board of Trustees Town of Westlake Council Chamber, 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Tuesday, December 16, 2025, 4:00 PM Meeting Minutes - Draft Page 6 of 52 B. INVOCATION AND PLEDGES OF ALLEGIANCE Pastor Clayton Reed, Southlake Baptist Church, provided the invocation. Mayor Greaves, assisted by Dr. Kelly Ritchie, Head of School, and Westlake Academy students Benicio Briseño and Jonah Crawford, both 4th graders and both chess champions from this year's PYP chess tournament, led the Pledges. C.CITIZEN/PUBLIC COMMENTS This is an opportunity for citizens/public to address the Town Council on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. Individual comments are normally limited to three (3) minutes. The presiding officer may ask the individual to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council will receive the information, ask staff to review the matter, or There was no one to speak at this time. TOWN COUNCIL AGENDA ITEMS D.ITEMS OF COMMUNITY INTEREST Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving D.1. Items of Community Interest Communications Director Jon Sasser provided an overview of upcoming meetings and reported the success of the recent Westlake Together Christmas Event held December 3rd which had approximately 2,100 people present. Filing for the May 2, 2026 General Election for the Office of Mayor, Council Member Place 2 and Council Member Place 4 begins January 14, 2026, and ends February 13, 2026. The Municipal Court and Town Hall offices will be closed for the holidays December 24th and 25th as well as New Year's Day on January 1st. The Fire Department is conducting the annual Toy Drive and unwrapped toys can be dropped off at the Fire Station or Town Hall. Trash collection days are moving to Thursdays beginning January 8th. Mayor Greaves mentioned, if possible, it would be nice if the Fire Station could once again go to the academy during the holiday season and take Santa to visit the PYP as was done in the past. E.CONSENT AGENDA All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will Mayor Greaves asked if there were any items to be removed from the consent agenda. There were none. TC/BOT Meeting Minutes December 16, 2025 Page 2 Page 7 of 52 E.1. Discuss, consider, and act to approve the Memorandum of Understanding (MOU) with the State of Texas Emergency Management Assistance Teams E.2. Discuss, consider and act to adopt Ordinance 1041 amending the Town of Westlake Annual Operating Budget for fiscal year ending September E.3. Discuss, consider and act to approve the Town Council/Board of Trustees Meeting Minutes for the November 18, 2025 Regular Meeting. (Town Secretary Motion by Council Member Duane and Motion Second by Council Member Yackira to approve the Consent Agenda. Mayor Greaves called for the vote. Motion to approve the Consent Agenda approved unanimously. F.REGULAR AGENDA ITEMS F.1. Discuss, consider, and act on Resolution 25-54 regarding a zoning-related application prepared and submitted by BRW Architects for the Westlake Academy Arts and Sciences Building Expansion in accordance with the established provisions for the GU, governmen Town Planner Cole Davenport presented an overview of the application related to the expansion of the Arts and Sciences Building at Westlake Academy as submitted by BRW Architects. The Unified Development Code requires that all development-related applications within the GU-Governmental Use District be approved by Town Council. The Planning and Development Department recommends approval of the application as submitted. Motion by Mayor Pro Tem Reeves and Motion Second by Council Member Yackira to approve Resolution 25-54 approving the zoning-related application as presented. Mayor Greaves called for the vote. Motion to approve Resolution 25-54 as presented approved unanimously. F.2. Discuss, consider and act to approve Resolution 25-52 accepting the Town of Westlake FY 2024 Audit Report (Finance Director Cayce Lay Lamas) Finance Director Cayce Lay Lamas provided an overview of the item and introduced Louis Breedlove, Brooks Watson CPAs, (joining meeting virtually), to provide a presentation and summary of the Town of Westlake audit for FY 2024. Mr. Breedlove advised that the audit rendered an "Unmodified/Clean" result which is the highest level of assurance that can be attained from an audit. Motion by Council Member Yackira and Motion Second by Council Member Smith to approve Resolution 25-52 accepting the Town of Westlake Fiscal Year 2024 Audit Report. Mayor Greaves called for the vote. Motion to approve Resolution 25-52 as presented approved unanimously. F.3. Discuss, consider and act regarding Resolution 25-53 creating an Ad Hoc Committee, composed of two Council Members and a number of citizens to be determined by Council, to assist the Town of Westlake in studying the feasibility of a Public/Private Partnership with Hillwood for the receipt and Town Manager Wade Carroll summarized that approval of the Resolution will form an Ad TC/BOT Meeting Minutes December 16, 2025 Page 3 Page 8 of 52 investigating the feasibility of adding a water reuse program in partnership with the Trinity River Authority and Hillwood. Utilizing reuse water for irrigation purposes in Westlake would ensure we have the freshwater we need for residents, corporate partners and guests well into the future, reduce the need for greater amounts of stored water, and increase the continuity of our water system. Several capable citizens will be appointed by the Mayor to participate. The process will also include utilizing a consulting engineer to assist in the analysis. The timeline for the analysis is estimated to be by the end of February. Motion by Council Member Duane and Motion Second by Council Member Gautier to appoint Council Member Yackira and Mayor Pro Tem Reeves to the Ad Hoc Committee for the purpose of investigating a possible future Water Reuse Program. Mayor Greaves called for the vote. Motion to approve Resolution 25-53 appointing Council Member Yackira and Mayor Pro Tem Reeves to the Ad Hoc Committee for the purpose of investigating a possible future Water Reuse Program approved unanimously. At 4:35 p.m. Mayor Greaves recessed the meeting until 5 p.m. WESTLAKE ACADEMY BOARD OF TRUSTEES AGENDA ITEMS G.CALL REGULAR WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING TO ORDER (5 P.M. OR LATER) AND ANNOUNCE A QUORUM PRESENT Mayor Greaves called the Westlake Academy Board of Trustees Meeting to Order at 5 p.m. and announced a quorum with all members present. H.PARENT/PUBLIC COMMENTS This is an opportunity for parents/public to address the Board of Trustees on any matter, whether or not it is posted on the agenda. Anyone wishing to speak on action items must submit a speaker request form to the Board Secretary prior to the start of the meeting. Individual comments are normally limited to three (3) minutes. The presiding officer may ask the individual to hold their comment on an agenda item if the item is posted as a Public Hearing. The Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Now we have the portion of the meeting for parent/public comments relating to Westlake Mayor Greaves recognized the following individuals that addressed the Board: Mr. Spencer Thurman, Westlake Academy parent and Fort Worth resident, expressing concerns that included the direction of Westlake Academy, implementation of changes without input regarding traditions and school culture and asking for the Board's support of Westlake Academy teachers. Ms. Susan Thurman, Westlake Academy parent and Fort Worth resident, expressing appreciation for the recent change in wording on the ID violation notices and also several other concerns including lack of communication, her recent removal as a substitute teacher, lack of transparency and compassion at the Academy. I.PRESENTATIONS AND RECOGNITIONS I.1. TC/BOT Meeting Minutes December 16, 2025 Page 4 Page 9 of 52 Dr. Ritchie introduced Athletic Director Sarah Jones and she provided an overview of the accomplishments of student athletes to-date this school year. Ms. Jones introduced Coach Amanda Cawthra and she recognized and introduced the TAIAO Cross Country State Champion Athletes for Fall 2025. J.CONSENT AGENDA Mayor Greaves asked if there were items to be considered individually and Mayor Pro Tem Reeves asked for J.2. to be removed from the consent agenda. Mayor Greaves asked for a motion to approve the remainder of the Consent Agenda. Motion by Mayor Pro Tem Reeves and Motion Second by Council Member Yackira to approve Items J.1. and J.3. of the Consent Agenda. Mayor Greaves called for the vote. Motion to approve Items J.1. and J.3. of the Consent Agenda approved unanimously. Mayor Greaves directed the meeting to discussion of Item J.2. at this time. J.1. purchased or donated to the Westlake Academy school library in an open meeting in compliance with SB 13. (Dr. Kelly Ritchie, Head of School) J.2. Westlake Academy Personnel Manual as amended (Sandy Garza, Human Mayor Pro Tem Reeves. Mayor Pro Tem Reeves referred to page 40 and the language regarding recording devices as she would like to have more clarification of the wording. School Attorney Janet Bubert confirmed that Mayor Pro Tem Reeves wants the wording to limit it so that it is clear that it is not infringing on an employee's right to record outside of the school any duty related to their roll as an employee. Motion by Council Member Yackira and Motion Second by Council Member Duane to approve WA Resolution 25- with the stipulation to include wording on page 40 that clarifies the limitation on recording is limited to those scenarios where it directly relates to their role as an employee for school business or purposes. Mayor Greaves called for the vote. Motion to approve WA Resolution 25-29 with conditional wording to clarify the limitation on recording applies to employee's roles for school business or purposes was approved unanimously. J.3.Discuss, consider and act to approve WA Resolution 25- 30 adopting amendments to the Westlake Academy Admissions Policy. (Dr. Kelly Ritchie, Head of School) K. REGULAR BOARD OF TRUSTEES AGENDA ITEMS Mayor Greaves directed the meeting to Executive Session. K.1. fund the Campus Guardian Angel Program (Dr. Kelly Ritchie, Head of TC/BOT Meeting Minutes December 16, 2025 Page 5 Page 10 of 52 This item was announced for discussion in Executive Session. After Executive Session, Mayor Greaves announced this item is being Tabled until the Town Council/Board of Trustees can further discuss the details until the next meeting. L.EXECUTIVE SESSION The Town Council/Board of Trustees will conduct a closed session pursuant to Section 551.071 (2) of the Texas Government Code, for the purpose of seeking confidential legal Mayor Greaves announced Items L.1. and L.2. and K.1 for discussion in Executive Session. He adjourned the Regular Meeting to Executive Session at 5:19 p.m. L.1. Town Attorney regarding pending litigation - Vertical Bridge v. L.2. deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Bi-Annual Update and Review M.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS Mayor Greaves announced that as a result of Executive Session, Item K.1. will be Tabled until the next meeting. As a formality, Council later returned to this item prior to the end of the meeting. Motion made by Council Member Yackira and Motion Second by Council Member Gautier to Table Item K.1. until the next meeting. Mayor Greaves called for the vote. Motion to Table K.1. to the next meeting approved unanimously. N. FUTURE AGENDA ITEMS N.1.Town Council Future Agenda Items Motion by Council Member Gautier and Motion Second by Council Member Duane to remove from the Table consideration of Ordinance 1038 approve a request from Marquis Group to rezone approximately 25 acres of land located at 4110 and 4120 Aspen Lane and currently zoned as R-5, country residential district to the TC, town center form-based development off the table for discussion at the next council meeting. Mayor Greaves called for the vote. Motion approved unanimously to remove Ordinance 1038 from the table to be considered at the next regular meeting approved unanimously. N.2.Board of Trustees Future Agenda Items-See Item O. O. STAFF RECAP OF TOWN COUNCIL/BOARD DIRECTION Town Manager Wade Carroll mentioned that there are two items. Consideration of the the Campus Guardian Angel Program). P. ADJOURNMENT TC/BOT Meeting Minutes December 16, 2025 Page 6 Page 11 of 52 Mayor Greaves adjourned the meeting at 8:21 p.m. and wished everyone Happy Holidays and Merry Christmas. Approved by the Town Council/Board of Trustees at the Meeting held January 20, 2026. ____________________________________ Kim Greaves, Mayor and Board President TC/BOT Meeting Minutes December 16, 2025 Page 7 Page 12 of 52 DATE: January 20, 2026 AGENDA ITEM NO: F.2. FROM: Jason Alexander, Deputy Town Manager, Planning and Dev SUBJECT: Discuss, consider and act to adopt Ordinance 1043 amending the provisions of Chapter 6 of the Town of Westlake, Texas Code of Ordinances entitled “Alcoholic Beverages” by clarifying the applicability of zoning, repealing provisions levying a permit fee or license fee to ensure compliance with state law, and clarifying reporting requirements. (Jason Alexander, AICP, CEcD, Deputy Town Manager) ATTACHMENTS: 1. Exhibit A - Draft Alcoholic Beverage Ordinance (Redlined) 2. Exhibit B - Draft Alcoholic Beverage Ordinance (Clean) SUMMARY : Effective September 1, 2025, the Texas Legislature adopted Senate Bill 1008. Senate Bill 1008, limits the authority of municipalities to charge license fees and permitting fees on the sale of alcoholic beverages if the premises falls within certain categories and that has paid a fee to operate to the Texas Department of State Health Services (“DSHS”) or to any county, city, or public health district. The text amendments ensure that the Town of Westlake is compliant with the provisions of Senate Bill 1008 and other adopted codes, ordinances, and regulations. BACKGROUND AND DISCUSSION: As adopted during the 88th Texas Legislature, and effective September 1, 2025, the provisions of Senate Bill 1008, among other considerations, limit the authority of counties, municipalities, and public health districts to collect fees on licensing and permitting related to the sale of alcoholic beverages if the premises is a food service establishment, a retail food store, a mobile food unit, a roadside food vendor, or a temporary food service establishment that has already paid a fee to operate to the Texas Department of State Health Services (“DSHS”) or to any county, city, or public health district. In addition to ensuring that the Town is compliant with Senate Bill 1008, the text amendments, as proposed, also clarify other existing provisions in Chapter 6 of the Town’s Code of Ordinances concerning the applicability of zoning, the filing of reports, and the roles and responsibilities of the Town Manager (or designee) and the Town Secretary. If the proposed text amendments are adopted, the Town will be compliant with the various provisions of Senate Bill 1008. Further, the proposed text amendment will also ensure greater consistency with other codes, ordinances, and regulations adopted by the Town and a more predictable reporting process. The requested change of zoning reflects the vision and the goals of the Strategic Plan and is consistent with the established development patterns in the area. Town Council/Board of Trustees AGENDA ITEM REPORT Page 13 of 52 FISCAL IMPACT: N/A. LEGAL REVIEW: Yes. RECOMMENDATION: The Department of Planning and Development recommends approval as proposed. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 14 of 52 ORDINANCE NO. __________ AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 6 OF THE TOWN OF WESTLAKE, TEXAS CODE OF ORDINANCES AND ENTITLED “ALCOHOLIC BEVERAGES”, BY CLARIFYING THE APPLICABLITY OF ZONING; REPEALING PROVISIONS LEVYING A PERMIT FEE OR LICENSE FEE TO ENSURE COMPLIANCE WITH STATE LAW; CLARIFYING REPORTING REQUIREMENTS; PROVIDING A PENALTY NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH SUCH A VIOLATION OCCURS OR CONTINUES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas (the “Town”) is a general law municipality; and WHEREAS, during the 88th Texas Legislature, the Legislature passed Senate Bill 1008, which limits the authority of counties, municipalities, and public health districts to charge fees for local alcoholic beverage permits for food service and beverage service establishments; and WHEREAS, effective September 1, 2025, the Town can no longer collect the local Texas Alcoholic Beverage Commission (“TABC”) maximum local fee as established by TABC for any food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary Page 15 of 52 PAGE 2 OF 7 food service establishment that has already paid a fee to operate to the Texas Department of State Health Services (“DSHS”) or to any county, municipality, or public health district; and 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 Section 6-33 of Chapter 6 of the Town Code of Ordinances is hereby amended as follows: Sec. 6-33. Districts in which certain alcoholic beverage sales permitted Applicability of zoning requirements. Except as otherwise provided in this article, no any dealer which derives more than 75 percent of the place of business' gross sales from the on-premise sale of alcoholic beverages will be permitted in the town. Such establishments will only be allowed in the districts, and shall be regulated pursuant to the zoning requirements specified in chapter 102. SECTION 3: That Section 6-34(c) of Chapter 6 of the Town Code of Ordinances is hereby amended as follows: Page 16 of 52 PAGE 3 OF 7 (c) Variances. The board of alderman town council may allow variances to this section if the board of alderman town council determines that enforcement of this section in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. SECTION 4: That Section 6-36(a) of Chapter 6 of the Town Code of Ordinances is hereby amended as follows: (a) [Required.] In order to sell alcoholic beverages in the town Town of Westlake, a dealer must meet all requirements of state law and must apply for and obtain a license or permit from the Town of Westlake in accordance with this article and pay all required fees. SECTION 5: That Sections 6-36(c)-(g) of Chapter 6 of the Town Code of Ordinances are hereby amended as follows: (c) [Reserved]. License or permit fee. There is hereby levied on each dealer granted and holding a license or permit under this article or under the Texas Alcoholic Beverage Code and engaged in the business authorized by such Page 17 of 52 PAGE 4 OF 7 license or permit in the town a bi-annual license fee. Such bi-annual license or permit fee shall be one-half of the fee charged by the Texas Alcoholic Beverage Commission for each license or permit. (d) Fee paid bi-annually; sSeparate license or permit for each place of business. The fee for licenses or permits as required by this article shall be paid within 30 days of obtaining a license or permit from the Texas Alcohol and Beverage Commission. A separate license or permit shall be obtained for every place of business where the business of alcoholic beverage sale is conducted. (e) Issuance and contents of license or permit. Upon receipt of the information required to be provided to the town secretary and upon payment of the license or permit fees and upon compliance with the provisions of this article, the town manager secretary or designee may issue a license in the name of the town, which shall acknowledge receipt of the license or permit fees and shall state on its face for which it is issued, the name of the dealer, the expiration date of the state license or permit, the purpose, the address of the dealer's place of business and the issuance and expiration date(s) of the town license or permit, the signature of the town manager or designee, the signature of the town secretary and the seal of the town. (f) License or permit to be displayed. The license or permit issued pursuant to this article by the town secretary or a designated agent manager or designee shall be displayed at all times in a conspicuous place within the dealer's place of business. (g) Reporting requirements. Page 18 of 52 PAGE 5 OF 7 (1) The dealer of a place of business for which a license or permit has been issued by the state and the town for the sale of alcoholic beverages shall, on a quarterly basis, file with the town secretary manager or designee an affidavit, on an officially-approved form provided by the town secretary, that reflects the gross sales of the particular place of business for the preceding three months, breaking down the sales of food, alcoholic beverages and other items. The quarterly reports for the previous three-month period shall be due on or before the 25th day of the months of April, July, October and January. (12) The dealer of a place of business for which a license or permit has been issued by the state and town for the sale of alcoholic beverages shall also file with the town secretary manager or designee on a quarterly basis, at the same time the affidavit on total sales is filed, a copy of the filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three-month period. The town reserves the right to request dealers to submit a certified audit of the gross sales broken down between food sales and mixed beverage sales at the dealer’s expense. All filings including all sales and beverage tax filings shall remain confidential pursuant to all applicable state law. SECTION 6: That this Ordinance shall be cumulative of all other Ordinances adopted by the Town of Westlake and all provisions of other Ordinances as adopted by the Town of Westlake which are inconsistent with the provisions or terms of this Ordinance are hereby repealed. Page 19 of 52 PAGE 6 OF 7 SECTION 7: 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 8: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. SECTION 9: It is hereby declared to be the intention of the Town Council of the Town of Westlake, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 10: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 20TH DAY OF JANUARY 2026. Page 20 of 52 PAGE 7 OF 7 _____________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Matthew C.G. Boyle, Town Attorney Page 21 of 52 TOWN OF WESTLAKE ORDINANCE NO. 1043 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 6 OF THE TOWN OF WESTLAKE, TEXAS CODE OF ORDINANCES AND ENTITLED “ALCOHOLIC BEVERAGES”, BY CLARIFYING THE APPLICABLITY OF ZONING; REPEALING PROVISIONS LEVYING A PERMIT FEE OR LICENSE FEE TO ENSURE COMPLIANCE WITH STATE LAW; CLARIFYING REPORTING REQUIREMENTS; PROVIDING A PENALTY NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH SUCH A VIOLATION OCCURS OR CONTINUES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas (the “Town”) is a general law municipality; and WHEREAS, during the 88th Texas Legislature, the Legislature passed Senate Bill 1008, which limits the authority of counties, municipalities, and public health districts to charge fees for local alcoholic beverage permits for food service and beverage service establishments; and WHEREAS, effective September 1, 2025, the Town can no longer collect the local Texas Alcoholic Beverage Commission (“TABC”) maximum local fee as established by TABC for any food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment that has already paid a fee to operate to the Texas Department of State Health Services (“DSHS”) or to any county, municipality, or public health district; and 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. Page 22 of 52 ORDINANCE NO. 1043 PAGE 2 SECTION 2: That Section 6-33 of Chapter 6 of the Town Code of Ordinances is hereby amended as follows: Sec. 6-33. Applicability of zoning requirements. Except as otherwise provided in this article, any dealer which derives more than 75 percent of the place of business' gross sales from the on-premise sale of alcoholic beverages shall be regulated pursuant to the zoning requirements specified in chapter 102. SECTION 3: That Section 6-34(c) of Chapter 6 of the Town Code of Ordinances is hereby amended as follows: (c)Variances. The Town Council may allow variances to this section if the Town Council determines that enforcement of this section in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. SECTION 4: That Section 6-36(a) of Chapter 6 of the Town Code of Ordinances is hereby amended as follows: (a)[Required.] In order to sell alcoholic beverages in the Town, a dealer must meet all requirements of state law and must apply for and obtain a license or permit from the Town of Westlake in accordance with this article. SECTION 5: That Sections 6-36(c)-(g) of Chapter 6 of the Town Code of Ordinances are hereby amended as follows: (c)[Reserved]. (d)Separate license or permit for each place of business. A separate license or permit shall be obtained for every place of business where the business of alcoholic beverage sale is conducted. Page 23 of 52 ORDINANCE NO. 1043 PAGE 3 (e)Issuance and contents of license or permit. Upon receipt of the information required to be provided to the Town Secretary and upon compliance with the provisions of this article, the Town Manager or designee may issue a license in the name of the Town, which shall acknowledge receipt of the license or permit fees and shall state on its face for which it is issued, the name of the dealer, the expiration date of the state license or permit, the purpose, the address of the dealer's place of business and the issuance and expiration date(s) of the Town license or permit, the signature of the Town Manager or designee, the signature of the Town Secretary and the seal of the Town. (f)License or permit to be displayed. The license or permit issued pursuant to this article by the Town Manager or designee shall be displayed at all times in a conspicuous place within the dealer's place of business. (g)Reporting. (1)The Town reserves the right to request dealers to submit an certified audit of the gross sales broken down between food sales and mixed beverage sales at the dealer’s expense. All filings including all sales and beverage tax filings shall remain confidential pursuant to all applicable state law. SECTION 6: That this Ordinance shall be cumulative of all other Ordinances adopted by the Town of Westlake and all provisions of other Ordinances as adopted by the Town of Westlake which are inconsistent with the provisions or terms of this Ordinance are hereby repealed. SECTION 7: 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. Page 24 of 52 ORDINANCE NO. 1043 PAGE 4 SECTION 8: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. SECTION 9: It is hereby declared to be the intention of the Town Council of the Town of Westlake, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 10: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 20TH DAY OF JANUARY 2026. Kim Greaves, Mayor ATTEST: ____________________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Alex Crowley, Town Attorney Page 25 of 52 DATE: January 20, 2026 AGENDA ITEM NO: G.1. FROM: Jason Alexander, Deputy Town Manager, Planning and Dev SUBJECT: Hold a Public Hearing and discuss, consider and act to adopt Ordinance 1038 approving a request from Marquis Group to rezone approximately 25 acres of land located at 4110 and 4120 Aspen Lane and currently zoned as R-5, country residential district to the TC, town center form-based development district (town center edge zone). ZC No. 2025-01 (Jason Alexander, AICP, CEcD, Deputy Town Manager) PUBLIC HEARING HELD - OPENED AND CLOSED - 11.18.2025 TABLED 11.18.2025 REMOVED FROM TABLE 12.16.2025 FOR CONSIDERATION 1.20.2026 ATTACHMENTS: 1. Exhibit "A" - Application for Change in Zoning 2. Exhibit "B" - Property Location 3. Exhibit "C" - Traffic Impact Analysis 4. Exhibit "D-1" - Preliminary Water Tie-in 5. Exhibit "D-2" - Preliminary Sewer Tie-in 6. Exhibit "E" - Approving Ordinance SUMMARY : This is a request from the Marquis Group (the “Developer”) to change the zoning for approximately 25 acres of land located at 4110 and 4120 Aspen Lane from the R-5, country residential district to the TC, Town Center Form-Based Development District. The Town Council conducted a public hearing on November 18, 2025, and voted to table action on the change of zoning request by a vote of 5 to 0; the Town Council did request that the Developer provide additional information on the impact that the proposed development will have on the immediate environs --- including traffic and infrastructure needs. On December 16, 2025, the Town Council, by a vote of 5 to 0, decided to remove this request from being tabled, and to further review, consider, and take possible action on January 20, 2026. The requested change in zoning reinforces established land uses and development patterns on the property and in the surrounding area --- single-family residential detached --- and is consistent with the Strategic Plan and the vision for development and growth. The Department of Planning and Development recommends approval of the change in zoning request as presented. BACKGROUND AND DISCUSSION: The Town Center Form-Based Development District --- adopted by the Town Council on June 17, 2025 by Ordinance No. 1024 --- is a form-based development district that is further divided into three (3) town center zones: town center edge, town center core, and town center civic. The town center Town Council/Board of Trustees AGENDA ITEM REPORT Page 26 of 52 zones may be applied throughout the Town of Westlake --- and are intended to encourage and to reinforce existing and future development patterns that are of an elevated visual quality, that will sustain a robust tax base, and that will afford a premium quality of life to residents, businesses, and visitors alike. The emphasis of the TC, Town Center Form-Based Development District is on the delivery of a predictable set of building regulations and building rules that guide and direct development and growth in the Town of Westlake at the intersection of architecture, landscape architecture, land use, and infrastructure. The TC, Town Center Form-Based Development District is further divided into three (3) town center zones that may be applied throughout the Town of Westlake: Town center edge zones (i.e., primarily detached single-family residential). • Town center core zones (i.e., mixed-use activity). • Town center civic zones (i.e., institutional and public activity) The requested change in zoning is for the town center edge zone. In addition to single-family residential detached units --- other permitted building functions (i.e., uses) --- include community gardens, home occupations, and private gardens. This change in zoning request is appropriate for the property and the surrounding area as the development patterns in the surrounding area consist predominately of single-family residential detached units --- with the sole exception of the Vaquero Country Club. The provisions under the TC, Town Center Form-Based Development District for the town center edge zones requires that each single-family residential detached unit provide a minimum habitable space of 4,000 square feet. Further, the provisions under the TC, Town Center Form-Based Development District establish minimum requirements for architecture (e.g., building walls, openings, roofs, and attachments), landscape architecture, and parking (i.e., a minimum of 2.0 assigned parking spaces for each unit). Finally, the provisions of the TC, Town Center Form-Based Development District regulate (i.e., limit) the following elements: • Building height --- principal buildings cannot exceed two (2) stories in height. • Lot coverage --- lot coverage cannot exceed 60 percent. • Signage --- is limited to an address sign; but a monument sign may be located at the entrance to the residential development. As the proposed development is for three (3) or more acres of land, a regulating plan is required that requires review and recommendation from the Planning and Zoning Commission and approval by the Town Council. A development agreement is also required for all development projects pursuant to the proposed TC, Town Center Form-Based Development District. In accordance with applicable law, the development agreement may provide further considerations for site design, infrastructure, and other development elements --- including the limiting the intensity of the development (i.e., the total number of dwelling units that may be designed and constructed). The regulating plan and development agreement further ensures that the proposed development Page 27 of 52 complies with the vision set forth by the Strategic Plan, is consistent with established development patterns in the area, and reflects the elevated standards for aesthetic and visual quality. The requested change of zoning reflects the vision and the goals of the Strategic Plan and is consistent with the established development patterns in the area. FISCAL IMPACT: N/A. LEGAL REVIEW: N/A. RECOMMENDATION: The Planning and Zoning Commission met on November 10, 2025, and recommended approval by a vote of 4 to 1 (with 2 absent) as presented. The Town Council conducted a public hearing on November 18, 2025, and by a vote of 5 to 0, tabled action on the change of zoning request indefinitely. On December 16, 2025, by a vote of 5 to 0, the Town Council voted to remove this item from being tabled and to review, consider, and take possible action at their meeting on January 20, 2026. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 28 of 52 Page 29 of 52 Page 30 of 52 Page 31 of 52 Page 32 of 52 Page 33 of 52 Page 34 of 52 TRAFFIC TRIP GENERATION MEMO FOR HERTENDAAL DEVELOPMENT IN WESTLAKE, TEXAS DeShazo Project No. 25204 Prepared for: Mr. Waldemar D. Maya, Jr. Marquis Group 4445 Buena Vista Street Dallas, TX 75205 Prepared by: Mr. Onkar Dhondkar, P.E. DeShazo Group, Inc. Texas Registered Engineering Firm F-3199 400 S Houston St, Suite 330, Dallas, TX - 75202 Office: 214-748-6740| www.deshazogroup.com December 2, 2025 12/02/2025 Page 35 of 52 Trip Gen Memo for Single-Family Development in Westlake, Texas November 2025 Page 2 INTRODUCTION Dear Waldemar D. Maya, Jr., Please accept this Trip Generation Memorandum from DeShazo Group, Inc. (DeShazo) for the proposed Single-Family residential development located at 4110 Aspen Lane, Westlake, TX. BACKGROUND The proposed Single-Family residential development proposes to divide the current property into 21 parcels within the lot. The developer requested a trip generation memo to understand the impact the development may have on Aspen Lane. A proposed lot layout plan is provided as Exhibit 1. Exhibit 1. Proposed Lot Layout Plan Source: MARQUIS GROUP PURPOSE The purpose of this memorandum is to estimate the number of vehicular trips generated by the proposed development and evaluate its impact on the adjacent roadway. Page 36 of 52 Trip Gen Memo for Single-Family Development in Westlake, Texas November 2025 Page 3 METHODOLOGY Trip generation was estimated using data from the ITE Trip Generation Manual (12th Edition), applying Land Use Code 210 – Single-Family Detached Housing. Calculations were performed for weekday daily traffic as well as AM and PM peak hours. The proposed lot plan shows 21 lots, but there is an existing house on lot 3. For this analysis, we are studying the impact of adding 20 residential units to the site. TRIP GENERATION SUMMARY The Institute of Transportation Engineers Trip Generation Manual (12th Edition) is an accepted source for calculating trip generation for common land uses for which sufficient published data is available. Trip generation is calculated in terms of “trip ends”. A trip end is a one-way vehicular trip entering or exiting a site driveway (i.e., a single vehicle entering and exiting a site represents two trip ends). Trip generation for this Project was calculated using the Institute of Transportation Engineers (ITE) Trip Generation Manual (12th Edition). ITE Trip Generation is a compilation of actual, vehicular traffic volume generation data and statistics by land use as collected over several decades by credible sources across the country. This analysis evaluates typical weekday AM and PM peak-hour conditions of the local street traffic. To estimate the trip generations for the proposed development, we consulted ITE for the “Single-Family Detached Housing” land use. After gathering the ITE 12th data for trip generation, we calculated the trip generation for the proposed development according to Table 1. Table 1. Trip Generation Table The proposed residential units are expected to generate approximately 182 weekday trips (91 inbound & 91 outbound). During the AM peak hour, they are expected to generate a total of 23 trips (6 inbound & 17 outbound) vehicle movements. In the PM peak hour, it generates 24 trips (15 inbound & 9 outbound). TYPICAL INDUSTRY TIA WAIVER THRESHOLD Per TxDOT guidelines (Form 2534), a minor traffic engineering study is required when a development generates more than 50 trips during the highest peak hour, as determined by ITE (latest edition). The City of Westlake has not adopted standards like these yet. But neighboring cities such as Southlake require a TIA when a development is expected to generate more than 100 ingress trips per hour. Which in this case, there are only 15 max expected trips are there. FINDING: According to general industry criteria and the ITE trip projections, the development does not warrant a traffic engineering study. ITE ITE AM Peak Hour PM Peak Hour Code Land Use Total In Out Total In Out 210 Single-family Detached 20 DU 182 23 6 17 24 15 9 Subtotals:182 23 6 17 24 15 9 Totals:182 23 6 17 24 15 9 Quantity Weekday Trips Page 37 of 52 Trip Gen Memo for Single-Family Development in Westlake, Texas November 2025 Page 4 FINDINGS AND CONCLUSIONS FINDINGS Based on the analysis presented in this memorandum, the following are key findings: • The proposed 20-unit Single-Family development is expected to generate approximately 23 trips during the AM peak hour and 24 trips during the PM peak hour. These volumes fall below the general industry threshold of 50 trips per hour. • According to general industry criteria and the ITE trip projections, the development does not warrant a traffic engineering study. CONCLUSION This memo references trip-generation data and TIA applicability criteria as the analytical basis for assessing the operational adequacy of Aspen Lane. The evaluation demonstrates that the forecast traffic demand associated with the proposed 20 single-family residential units is substantially below the established thresholds that would necessitate a TIA. As such, the incremental traffic load is not expected to produce any discernible degradation in performance on the adjacent roadway system. The projected trip generation can be accommodated within the existing functional and capacity characteristics of the local street network, and no adverse operational or capacity impacts are anticipated. END OF MEMO Page 38 of 52 Page 39 of 52 Page 40 of 52 TOWN OF WESTLAKE, TEXAS the Town of Westlake, Texas, is a Type A General Law Municipality located in Denton County and Tarrant County, Texas, incorporated in accordance with the provisions of the Texas Local Government Code, as amended, and operating pursuant to the enabling legislation of the State of Texas; and the Town of Westlake, Texas is a Type A General Municipality empowered under the provisions of Section 51.012 of the Texas Local Government Code, as amended, to adopt an ordinance or rule that is in the interest, welfare, and good order of the Town of Westlake, Texas; and , the Planning and Zoning Commission and the Town Council of the Town, in compliance with the laws of the State of Texas with reference to the change of zoning request have given the requisite public hearing notices by publication and, after holding due public meetings in accordance with the Texas Open Meetings Act, is of the general opinion that the property as shown in Exhibit “A”, 4110 Aspen Lane (Tarrant County Property Tax Identification Number 04550153) and 4120 Aspen Lane (Tarrant County Property Tax Identification Number 03779173), attached hereto and incorporated hereof should be rezoned from R-5, country residential district to the TC, town center form-based development district (town center edge zone); and Page 41 of 52 Ordinance __________ AGE 2 OF 4 WHEREAS, the Planning and Zoning Commission held a public hearing on November 10, 2025, and reviewed and considered the proposed change in zoning request for the property, and provided a recommendation to the Town Council; and WHEREAS, the Town Council of the Town of Westlake, Texas finds that the passage of this Ordinance is advantageous and beneficial to the Town of Westlake and in the interest of good governance. NOW, THEREFORE, BE IT ORDAINED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS THAT: SECTION 1: That the findings and recitations set out in the Preamble of this Ordinance are found to be true and correct and hereby adopted by the Town Council of the Town of Westlake, Texas and made a part hereof for all purposes. SECTION 2: That all ordinances of the Town of Westlake, Texas in conflict with the provisions of this Ordinance be, and the same are hereby, repealed and all other ordinances of the Town of Westlake, Texas not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3: Should any section, paragraph, sentence, clause, or phrase of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be unconstitutional, illegal, or invalid, and shall not affect the validity of the Unified Development Code as a whole. SECTION 4: 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, Texas 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 occurs shall constitute a separate offense. Page 42 of 52 Ordinance __________ AGE 3 OF 4 SECTION 5: It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law and the public notice of the time, the place, and the purpose of said meeting was given as required. SECTION 6: This Ordinance shall take effect immediately from and after its passage upon reading and the publication of the caption, as provided by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ON THIS 20TH DAY OF JANUARY 2026. ______________________________ Kim Greaves, Mayor ATTEST: ______________________________ Dianna Buchannan, Town Secretary APPROVED AS TO FORM: ______________________________ Matthew Boyle, Town Attorney Page 43 of 52 Ordinance __________ AGE 4 OF 4 EXHIBIT A Page 44 of 52 DATE: January 20, 2026 AGENDA ITEM NO: H.1. FROM: Dianna Buchanan, Town Secretary, Town Secretary's Office SUBJECT: Discuss, consider and act to adopt Ordinance No. 1042, Calling and Ordering the General Election to be held on May 2, 2026, to elect persons to the Office of Mayor, Council Member Place 2 and Council Member Place 4 for the two-year term of May 2026 through May 2028; prescribing time, designating the locations and manner of conducting the election to be in accordance with the Joint Election Agreements for Election Services with Tarrant and Denton Counties; and authorizing the Town Manager to execute necessary agreements (Dianna Buchanan, Town Secretary) ATTACHMENTS: 1. DRAFT Ord 1042 Calling and Ordering May 2, 2026 Election SUMMARY : Town Council must call and order all elections for the Town of Westlake. BACKGROUND AND DISCUSSION: The General Election for May 2, 2026 must be called by the Town Council for the election of the at- large positions of Mayor, Council Member Place 2 and Council Member Place 4 for the two-year term of May 2026 through May 2028. The attached ordinance calls the May 2, 2026 General Election and authorizes the Town Manager, or designee, to enter into Joint Election Agreements with 1) other Tarrant County Political Subdivisions and contracting with Tarrant County Elections for election services; and 2) Denton County Political Subdivisions and contracting with Denton County Elections for election services. The policy of contracting with Tarrant County Elections and Denton County Elections to conduct Westlake's elections continues to be the most cost-effective method to administer the Town's elections. Tarrant County Elections and Denton County Elections will provide an estimated cost and required deposit amount when the joint election contracts are finalized with all participating entities. After the election is done and final expenses are tallied, any remainder(s) due will be billed to the Town, or any refund(s) due to the Town will be refunded. FISCAL IMPACT: The FY 25/26 Budget includes $11,000 for Election Expenses. LEGAL REVIEW: N/A Town Council/Board of Trustees AGENDA ITEM REPORT Page 45 of 52 RECOMMENDATION: Staff recommends that Town Council adopt Ordinance 1042, Calling and Ordering the May 2, 2026 General Election and authorizing the Town Manager to execute Joint Election Agreements for Election Services with Tarrant and Denton Counties. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 46 of 52 Ordinance 1042 Page 1 TOWN OF WESTLAKE, TEXAS the Town of Westlake, Texas (the “Town”), is a general law municipality located in Tarrant and Denton Counties; and, Section 41.001 of the Texas Election Code (the “Code”) specifies that the first Saturday in May shall be a “uniform election date” and that a general election may be held on such day; and, state law requires that a general election be held; and, the general election for Town Council members of the Town of Westlake is required to be held on May 2, 2026, at which time the voters will elect persons to fill the offices of Mayor, Town Council Place 2, and Town Council Place 4; and , the Town Council finds that it is in the public interest to enter into a joint election agreement and election services contract with Tarrant County and Denton County to provide the most efficient and convenient voting opportunities; and , the intention of the Town Council, via adoption of this Ordinance, is to call a general election, designate a polling place, appoint necessary election officers, establish procedures for conducting the election, and authorize the Town Manager to execute joint election agreements whereby the general election will be administered by the Tarrant County and Denton County Elections Administrators. The facts and recitations contained in the above preamble of this Ordinance are hereby incorporated herein for all purposes. Page 47 of 52 Ordinance 1042 Page 2 SECTION 2. . The Town Council hereby calls and orders a General Uniform Election to be held on May 2, 2026, between the hours of 7:00 a.m., and 7:00 p.m., for the purpose of electing persons to the Office of Mayor, Town Council Place 2, and Town Council Place 4 for a two-year term each, ending May 2028, or until their successor is duly elected, or appointed, and qualified. Such election shall be conducted in accordance with the provisions of the Code and held via the joint election agreements with both Tarrant County Elections and Denton County Elections, respectively. . APPLICATION FOR A PLACE ON THE BALLOT. Eligible persons wishing to file as candidates must file an application with the Town Secretary of the Town of Westlake at 1500 Solana Blvd., Suite 7200, Bldg. 7, Westlake, Texas, 76262, and may do so beginning at 8:00 a.m., January 14, 2026, and continuing through February 13, 2026, Monday thru Thursday until 5:00 p.m. and on Friday, February 13, 2026 from 8:00 a.m. to 5 p.m. Each application shall be on a form meeting the requirements of Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary. Notice of the time and place for such drawing shall be given in accordance with State Law. Prior to the election, Election judges for the general election shall be appointed by Tarrant County Elections Administrator and Denton County Elections Administrator, respectively, as authorized by Chapter 271 of the Code. (a) EARLY VOTING - TARRANT COUNTY. The Tarrant County Elections Administrator is designated the Early Voting Clerk. Additional Deputy Early Voting Clerks may be appointed, as provided in the Tarrant County Joint Election Agreement (“Tarrant Agreement”). Page 48 of 52 Ordinance 1042 Page 3 (1) Early Voting by personal appearance shall be conducted beginning on April 22, 2025, and continuing through April 29, 2025, at the Tarrant County Main Early Voting site located at 2700 Premier Street, Fort Worth, Texas, 76111, on the following days and times: Date Time Tuesday, April 22 - Friday, April 25 8:00 a.m. - 5:00 p.m. Saturday, April 26 7:00 a.m. - 7:00 p.m. Sunday, April 27 10:00 a.m. - 6 :00 p.m. Monday, April 28 - Tuesday, April 29 7:00 a.m. - 7:00 p.m. Any eligible Tarrant County Registered Voter may cast their vote at any additional early voting location throughout Tarrant County as established by the Tarrant Agreement. If there is any discrepancy between this Ordinance and the Tarrant Agreement as to early voting locations or times, the Tarrant Agreement shall control. (2) Applications for Ballots by Mail (ABBMs) and Federal Post Card Applications (FPCAs) in Tarrant County may be delivered to the Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161, or Express Courier Delivery, Tarrant County Elections, 2700 Premier Street, Fort Worth, Texas, 76111; Website: https://www.tarrantcountytx.gov/en/elections.html Phone: 817.831.8683; Fax: 817.831.6118; Email: votebymail@tarrantcountytx.gov to be received not later than the close of business on April 22, 2025. The Town Secretary is directed to forward the applications and ballots to the Election Administrator as provided in the Tarrant Agreement. Page 49 of 52 Ordinance 1042 Page 4 (b) EARLY VOTING - DENTON COUNTY. The Denton County Elections Administrator is designated the Early Voting Clerk. Additional Deputy Early Voting Clerks may be appointed as provided in the Denton County Joint Election Agreement (“Denton Agreement”). (1) County Main Early Voting site located at 701 Kimberly Dr., Ste. A111, Date Time Tuesday, April 22 - Friday, April 25 8:00 a.m. - 5:00 p.m. Saturday, April 26 8:00 a.m. - 5 :00 p.m. Sunday, April 27 11:00 a.m. - 5 :00 p.m. Monday, April 28 - Tuesday, April 29 7:00 a.m. - 7:00 p.m. Any eligible Denton County Registered Voter may cast their vote at any additional early voting location throughout Denton County as established by the Denton Agreement. If there is any discrepancy between this Ordinance and the Denton Agreement as to early voting locations or times, the Denton Agreement shall control. (2) Applications for Ballots by Mail (ABBMs) and Federal Post Card Applications (FPCAs) in Denton County may be delivered to the Early Voting Clerk, P.O. Box 1720, Denton, Texas, 76202; Website: www.votedenton.gov; Phone: 940.349.3200; Fax: 940.349.3201; email: elections@dentoncounty.gov to be received not later than the close of business on April 22, 2025. The Town Secretary is directed to forward the applications and ballots to the Election Administrator as provided in the Denton Agreement. (c) Page 50 of 52 Ordinance 1042 Page 5 SECTION 8. (a)METHOD OF VOTING – DENTON COUNTY. Voting in Denton County shall (b)METHOD OF VOTING – TARRANT COUNTY. Voting SECTION 9. GOVERNING LAW AND QUALIFIED VOTERS. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 10. PUBLICATION AND POSTING OF NOTICE OF ELECTION. Notice of the election shall be published in accordance with Chapter 4 (Sec 4.003) of the Code. SECTION 11. NECESSARY ACTIONS. The Mayor and the Town Secretary, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out and conducting the election, whether or not expressly authorized herein. Tarrant County Elections and Denton County Elections are hereby authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance for any changes in voting practices as authorized by the Voting Rights Act of 1965, as amended. SECTION 12. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Page 51 of 52 Ordinance 1042 Page 6 This Ordinance shall be effective immediately upon adoption. BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THIS 20TH DAY OF JANUARY 2026. APPROVED: _____________________________ Kim Greaves, Mayor ATTEST: ____________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _____________________________ Alex Crowley, Town Attorney Page 52 of 52