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HomeMy WebLinkAbout08.18.2026 Town Council Regular Meeting Agenda Packet Town Council 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 request form to the Town Secretary prior to the start of the meeting. Pursuant to Texas Government Code Section 551.127, one or more members of the Town Council may participate in this meeting by video-conference call. A quorum of the Town Council and the presiding officer will be present at the physical location of the meeting. NOTE: As authorized by Section 551.071 of the Texas Government Code, the Town Council may enter into closed Executive Session for the purpose of seeking confidential legal advice from the Town Attorney on any agenda item listed herein. A. CALL REGULAR TOWN COUNCIL MEETING TO ORDER (4 P.M.) AND ANNOUNCE A QUORUM PRESENT B. INVOCATION AND PLEDGES OF ALLEGIANCE C. PRESENTATION C.1. Receive Metroport Chamber of Commerce Annual Update Presentation (Sally A. Aldridge, IOM, President & CEO) 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 imminent threat to public health and safety. D.1. Items of Community Interest E. 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 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 TOWN COUNCIL REGULAR MEETING Town of Westlake Town Hall Council Chamber 1500 Solana Blvd, Building 7, Suite 7100, Westlake, TX 76262 Tuesday, August 18, 2026, 4:00 P.M. REGULAR MEETING AGENDA Page 1 agenda. The Town Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. F. REPORTS F.1. Informational update and progress report for the Westlake Academy Arts and Sciences Building Expansion Project. G. WORK SESSION G.1. Conduct Town of Westlake FY 26-27 Budget Workshop. H. CONSENT AGENDA All items listed below are considered routine by the Town Council will be enacted with one motion. There will be no separate discussion of items unless a Council or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. H.1. Discuss, consider and act to adopt Ordinance 1047 Approving a Negotiated Settlement Between the Atmos Cities Steering Committee ("ASCS") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2026 Rate Review Mechanism Filing. H.2. Act to approve the July 21, 2026 Town Council/Board of Trustees Regular Meeting Minutes and Workshop Meeting Minutes. H.3. Act to ratify UES Contract for third party testing during the construction phase of the Westlake Academy Arts & Sciences Building Project. I. PUBLIC HEARINGS AND CORRESPONDING ACTION ITEMS I.1. Hold public hearing, discuss, consider, and act regarding Ordinance 1049 adopting text amendments to Sections 102-411(b)(9), 102-412(c), 102-415(b), and 102-416(a) of Article IX, "TC, Town Center Form-Based Development District," of the Town of Westlake Code of Ordinances relating to building frontage requirements, modifying the list of building functions, monument signage, and standards for swimming pools, hot tubs, and outdoor woodburning fireplaces and fire pits. I.2. Hold public hearing, discuss, consider, and act regarding Ordinance 1050 approving a request from Ocean Equities, Ltd to rezone approximately 1.33 acres of land located at 1550 Solana Boulevard and currently zoned as PD, Planned Development District 1-2, to the TC, Town Center Form-Based Development District (town center core zone). J. REGULAR AGENDA ITEMS J.1. Discuss, consider and act to approve a Maximum Ad Valorem Tax Rate for advertising and future consideration. J.2. Discuss, consider and act regarding Ordinance 1048 to adopt and approve amendments to provisions in Section 2.164 of the Town of Westlake Code of Ordinances entitled "Town Attorney" to authorize the Town Manager to select and to retain special counsel, subject to approval by Town Council. Page 2 K. EXECUTIVE SESSION The Town Council will conduct a closed session pursuant to Section 551.071 (2) of the Texas Government Code, for the purpose of seeking confidential legal advice from the Town Attorney for the following: K.1. Section 551.071: Consultation with Town Attorney--To receive legal advice regarding Land Use Matters. K.2. Section 551.074(1) Deliberation regarding Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: (a) Human Resources Director Position (b) Annual Performance Evaluation: Town Manager L. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS M. FUTURE AGENDA ITEMS N. STAFF RECAP OF TOWN COUNCIL DIRECTIONS RECEIVED O. ADJOURNMENT TAXPAYER IMPACT STATEMENT The following information is required under Texas Code §551.043(c)(2). The property tax bill of a median-valued homestead property for the current fiscal year, as provided by Tarrant Appraisal District, is $4,892.88, calculated as follows: Median value of a homestead property for Tax Year 2025 ($2,644,800) x Proposed property tax rate for Tax Year 2025 ($0.18500) / 100 The property tax bill of a median-valued homestead property for the upcoming fiscal year, as provided by Tarrant Appraisal District, is $3,784.40, calculated as follows: Median value of a homestead property for Tax Year 2026 ($2,045,622) x Proposed property tax rate for Tax Year 2025 ($0.18500) / 100 The property tax bill of a median-valued homestead property for the upcoming fiscal year, as provided by Tarrant Appraisal District, using the no-new-revenue rate, as calculated by Tax Assessor-Collector for Tarrant County, is $4,218.52, calculated as follows: Median value of a homestead property for Tax Year 2026 ($2,045,622) x No-new-revenue property tax rate for Tax Year 2025 ($0.206222) / 100 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 in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Page 3 Dianna Buchanan, CMC Town/Board Secretary Disabilities Notice: If you plan to attend the meeting and have a disability that requires special needs, please contact the Town Secretary's Office 48 hours in advance by calling phone number 817-490-5711 and reasonable accommodation will be made to assist you. Page 4 DATE: August 18, 2026 AGENDA ITEM NO: D.1. FROM: Jon Sasser, Director of Communications, Communications SUBJECT: Items of Community Interest 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: Planning & Zoning Meeting Tuesday, September 1, 2026; 5 pm 1500 Solana Blvd, Westlake Town Hall/Court Closed Observance of Labor Day Monday, September 7, 2026 Town Council Meeting Tuesday, September 15, 2026; 4 pm 1500 Solana Blvd, Westlake Additional Notes: Military Heroes Run Recap Giving Day: September 17 Town Council/Board of Trustees AGENDA ITEM REPORT Page 5 DATE: August 18, 2026 AGENDA ITEM NO: E.1. FROM: Jason Oliver, Project Manager, Town Manager's Office SUBJECT: Informational update and progress report for the Westlake Academy Arts and Sciences Building Expansion Project. ATTACHMENTS: 1. A&S Activity Summary_2026-08-18 SUMMARY : The town project manager will be giving a monthly update on the Westlake Academy arts and sciences addition construction project. A summary of the schedule and budget will be given with special attention to project milestones leading to the opening date prior to the start of classes for the 2027–2028 school year. BACKGROUND AND DISCUSSION: The Westlake Academy arts and sciences addition construction contract (resolution 26-07) was approved on March 24, 2026. The project summary each month will act as evidence that the project is following those approved agreements. This month, all underground utilities and site paving were completed on time for the 2026-2027 school year. Change order 01 has been signed to renovate the existing library and entry lobby to the Arts and Sciences building for $126,912.90 bringing the contract total to $6,826,912.90. Sedalco is on schedule and on budget. FISCAL IMPACT: Budgeted LEGAL REVIEW: N/A RECOMMENDATION: N/A ACTION OPTIONS: N/A. Town Council/Board of Trustees AGENDA ITEM REPORT Page 6 Arts & Sciences Activity Summary 8/18/2026 Life to Date Transaction Vendor Date (GL) Revenue Encumbrance Running Total Notes Transfer In Town 05/01/20 $100,000.00 $100,000.00 Transfer from WA Lot Fees on 5/1/20 Donations Lee 12/18/20 $1,250,000.00 $1,350,000.00 Seed donation Donations Lee 06/10/21 $1,000,000.00 $2,350,000.00 Seed donation Donations Lee 12/21/21 $750,000.00 $3,100,000.00 Seed donation Interest FFB 06/30/25 $426,497.79 $3,526,497.79 as of 6/30/2025 Bond Proceeds USBank 08/05/25 $4,042,510.28 $7,569,008.07 2025 CO Engineering (Graham) Graham 01/28/20 -$20,542.50 $7,548,465.57 STW Expenses (3 invoices 1/28/2020) Design (Bennet) Bennet 11/30/22 -$137,716.97 $7,410,748.60 STW Expenses (8 invoices Apr. 2020-Nov. 2022) PO 250111 BRW 09/08/25 -$540,000.00 $6,870,748.60 Architect (BRW) PO 250112 Urban Strategy 09/10/25 -$7,900.00 $6,862,848.60 Boundary & Topography Surveys PO 250116 UES 09/16/25 -$11,300.00 $6,851,548.60 Geotechnical services PO 260004 BRW 10/08/25 -$28,000.00 $6,823,548.60 Master plan (per Board 10/2); verify funding source Interest Up to 12/31/25 $140,748.68 $6,964,297.28 Interest earnings since the 2025 CO 08/05/2025 Inv 58827 Schulman 02/18/26 -$1,048.75 $6,963,248.53 Academy legal services; needs to reclass Asbestos Survey Terracon 03/11/26 -$2,555.00 $6,960,693.53 Asbestos survey Construction Sedalco 03/24/26 -$6,700,000.00 $260,693.53 Construction Contract Inv 226-04302 BRW 05/11/26 -$34,000.00 $226,693.53 FFE Additional Services Inv 226-04302 BRW 05/11/26 -$7,800.00 $218,893.53 Platting Additional Services Inv 226-04302 BRW 05/11/26 -$2,165.00 $216,728.53 Platting Reimbursable Inv 226-04302 BRW 05/11/26 -$1,550.00 $215,178.53 Easements by separate instrument Interest in 2026 Up to 06/30/26 $126,835.20 $342,013.73 Interest earnings 3rd Party Testing UES 07/28/26 -$62,431.00 $279,582.73 3rd Party testing per Specification 01 45 29 Sedalco Change Order 01 07/30/26 -$126,912.90 $152,669.83 Library Remodel Overall Budget Remaining $152,669.83 Sedalco Contract Summary Pay App Number Original Contract Amount Paid This Period Running Total Notes $6,700,000.00 $6,700,000.00 Pay Application 01 -$265,640.80 $6,434,359.20 Pay Application 02 -$238,941.79 $6,195,417.41 Pay Application 03 -$275,351.76 $5,920,065.65 Pay Application 04 -$492,588.61 $5,427,477.04 Change Order 01 $126,912.90 $5,554,389.94 Library remodel 7/31/2026 Pay Application 05 $5,554,389.94 Balance to Completion $5,554,389.94 Construction Contingency held within the $6,700,000 Sedalco contract: Allowance Number Original Contingency Change Amount Running Total Notes $244,000.00 $244,000.00 ALLW 01 -$11,051.00 $232,949.00 Betterment - Fire Extinguisher Cabinets, Utility Sink, Signage ALLW 02 -$3,050.00 $229,899.00 RFI 02 - Plumbing cleanouts moved ALLW 05 -$2,058.00 $227,841.00 Betterment - Ceiings in 417 & 418 to be replaced ALLW 06 -$22,000.00 $205,841.00 Pier Reconcilliation ALLW 07 -$3,817.00 $202,024.00 Master Clock ALLW 08 -$6,515.00 $195,509.00 L2 Light Fixture Extension ALLW 09 $16,703.00 $212,212.00 Lab Casework Credit ALLW 10 $212,212.00 ALLW 11 $212,212.00 ALLW 12 -$4,070.00 $208,142.00 Electrified door hardware Contingency Remaining $208,142.00 Page 7 DATE: August 18, 2026 AGENDA ITEM NO: G.1. FROM: Cayce Lay Lamas, Finance Director, Finance SUBJECT: Conduct Town of Westlake FY 26-27 Budget Workshop. ATTACHMENTS: 1. FY2027 Proposed Budget 2. Proposed CIP Schedule_FY2027 SUMMARY : The Town Council will review the fiscal year 2026-2027 municipal proposed budget, including a discussion on the assumptions, property tax rate, and next steps. This will be the last work session before the public hearing and vote on adoption for the FY2027 budget at the regularly scheduled meeting on September 15, 2026. BACKGROUND AND DISCUSSION: The Town Council is legally required to adopt an annual budget prior to each fiscal year beginning; failure to adopt a budget results in an automatic adoption of the prior year's budget. As part of the Town's budget process, budget work sessions are held ahead of publishing a proposed budget for public inspection, public hearings, and Council vote. Work sessions are a best practice designed to offer transparency and clarity around the budget for both Council and the public by seeking input and direction for staff to incorporate into budgetary policy and changes. No action is taken during budget work sessions. The proposed budget for fiscal year 2027 is $42,452,697 in revenue across all funds. This represents an increase of $7,478,889 or 21%. Proposed expenditures across all funds total $31,641,719, which is a $638,999 or a 2% increase. The proposed budget includes a contribution of fund balance of $10,810,978 across all funds. Key drivers in formulating the proposed budget include: Increase sales tax projections by 5.5m to align with current year projections plus anticipated next year activity Increase property tax revenue by 248k due to higher overall value; property tax rate will remain at 18.5-cents per $100 value Increase utility service revenues by 700k to recognize higher usage; no changes to rates are Town Council/Board of Trustees AGENDA ITEM REPORT Page 8 proposed Decrease staff count by net four (4) to 51.5 employees Eliminated 1 IT & 2 Finance positions due to outsourcing contracts on campus Transition 1 IT to fractional outsourced staffing model from attrition Cut 1 Court position from attrition due to workload Add 1 Code Enforcement Officer due to workload Implement 70th percentile of market compensation adjustments for non-fire staff (or 3% COLA) Continue 80th percentile step plan implemented during FY2026 for fire personnel Assume 12% increase in health care costs Include $1,429,500 in infrastructure maintenance & capital outlay 920k for utility maintenance 350k for street maintenance 160k for facility equipment replacements 48.5k for technology and FF&E replacements Budgeted contribution to General Fund is intended to partially cash-fund CIP projects within the next 5 years No debt issuances are currently planned for FY2027 The Proposed Budget includes a transmittal letter to provide context to the proposed budget fund schedules included. The Town operates with 17 funds; 5 funds have no planned activity in FY2027. The General Fund is the Town's main operating fund and accounts for the majority of tax revenues and personnel costs. Revenues for the General Fund are budgeted at $22,669,725, which is an increase of $5,814,187, or 34%, over the FY2026 adopted budget. This is an adjustment for sales tax and interest earnings being conservatively budgeted in anticipation of declining consumer spending and rate cuts, neither of which have occurred. Expenditures for the General Fund are budgeted at $14,878,123, which is an increase of $56,865, or essentially flat, over the FY2026 adopted budget. The Utility Fund is the Town's second-largest fund and accounts for the revenues required to be charged to provide municipal water and wastewater services. Revenues for the Utility Fund are budgeted at $8,877,000, which is an increase of $810,500, or 10%, over the FY2026 adopted budget. The increase is due to rising usage and the implementation of impact fees. Expenditures for the Utility Fund are budgeted at $8,775,621, which is an increase of $1,267,536, or 17%, over the FY2026 adopted budget. The increases are due to an additional $700,000 in maintenance costs for the pump station and increased costs to purchase water and treat wastewater. Capital funds are not being adopted with expenditures because projects are approved on a life-to-date basis by Council and generally funded by bond proceeds. Expenditures are amended annually to reflect actual spend at year-end for these projects. The Proposed Budget also includes a summary schedule of all debt obligations. The Town has 11 outstanding issuances with $49,074,000 outstanding as of 9/30/2026. Annual payments are budgeted at $4,727,128 and are made from three sources: property tax revenues (the I&S portion of the rate), sales tax revenues, and utility fee revenues. The Town anticipates its next issuance to occur in the fall of 2027 for a second elevated storage tank to service new development on the west side of town. FISCAL IMPACT: The FY2027 Proposed Annual Operating Budget and Capital Improvement Plan includes a contribution to all fund balances of $10,810,978. LEGAL REVIEW: N/A Page 9 RECOMMENDATION: Hold the Workshop ACTION OPTIONS: Page 10 TOWN OF WESTLAKE PROPOSED BUDGET FISCAL YEAR 2026-2027 This budget will raise more total property taxes than last year’s budget by $626,754 or 13.34%, and of that amount $508,125 is tax revenue to be raised from new property added to the tax roll this year. Page 11 August 10, 2026 Honorable Mayor and Town Council: In accordance with the Texas Local Government Code, we are pleased to submit the proposed budget for the Town of Westlake Fiscal Year 2027. The fiscal year begins October 1, 2026, and ends September 30, 2027. BUDGET OVERVIEW The Proposed Fiscal Year 2026-2027 Annual Operating Budget and Capital Improvement Plan totals $42,452,697 in revenue and $31,641,719 in expenditures. This is an increase of approximately 2% from the FY2026 adopted budget and includes the following changes: Tax rate of $0.185 per $100 of property value, same as the prior year Total full-time equivalent positions of 51.5, which includes a net 4 decrease Inclusion of $679,500 in capital outlay and $750,000 in infrastructure maintenance Plans for a $10,810,978 contribution to fund balance across all funds to reduce future debt needs This proposed budget was carefully prepared through the collective efforts of all departments to balance the identified needs of the Town with a sustainable and sound financial plan. The proposed budget is focused on achieving the following goals: Continuing high quality services and responsive customer service; Scrutinizing departmental operation budgets for efficient use of resources; Preparing a balanced budget that creates a surplus for future CIP and equipment replacements; Retaining and attracting employees who support the community’s vision; and Offering transparency into the financial plans and status of the Town. BUDGET STRATEGIES The proposed budget is influenced by the following: State of Texas law and policy, Council direction, fiscal & budgetary policies, recommendations from the Town Manager, input from citizens, Government Finance Officers Association guidelines, and general budgeting principles. TOWN COUNCIL POLICIES & PRIORITIES The Town Council worked with a third party during FY25 to develop a strategic plan for the Town, including the Academy, which includes a financial sustainability plan, influences future capital spending, and provides guidance on future development, programs, and services. The strategic plan was heavily relied upon for the development of the proposed budget. VISION Westlake will preserve its unique charm and natural beauty, promoting a vibrant community, cultivating strategic partnerships with residents and corporate stakeholders. MISSION Westlake provides a superior quality of life through excellent municipal service delivery and world-class education. 2 Page 12 BUDGET ASSUMPTIONS The operating budget and capital plan is prepared each year according to updated assumptions that reflect direction from leadership, the financial environment, and the long-term needs of the Town. For FY 2027, the following assumptions have been incorporated: •Maintain the property tax rate of 18.5-cents •Adjust the property tax rate distribution between operations & debt to ensure debt obligations are met •No changes to the utility customer rates •Update revenue projects to reflect recent historic growth •Overall expenditure increases below the municipal cost index (4.86% in June 2026) •Update compensation models for all staff to 70-80th percentile of market (minimum of 3% COLA) •Include 12% increase for health care •Capital maintenance and debt payments for campus facilities are included •No vehicle purchases are scheduled •No debt issuance is currently scheduled during FY 2027 •Continue contributing cash intended for known infrastructure needs •Capital projects are approved on a life-to-date basis and amended annually FISCAL & BUDGETARY POLICIES The Town’s fiscal and budgetary policies address the Town’s operating budgets, revenue management, expenditure control, fund balance/retained earnings, debt management, grants, economic development, audits, internal controls, and asset management. These policies are included in our annual budget document for residents to review and staff to use as a guiding set of principles each year. BUDGET PRINCIPLES The Town’s budget principles for sound fiscal management include: Plan, manage, and fund debt service and related service delivery programs; Maintain fund balance in accordance with the policy and future obligations; Oversee facilities and infrastructure; Provide exceptional and responsive public services; and Provide competitive employee compensation. PROPOSED PROPERTY TAX The proposed municipal property tax rate (or ad valorem rate) will not change the current adopted rate of $0.18500 per $100 of assessed valuation. This rate is lower (by $0.021222) than the no-new-revenue rate, which is the total tax rate needed to generate the same amount of property tax revenue for the Town from the same properties between the 2026 tax year and the 2027 tax year. This budget adheres to direction the Council gave to adjust the tax rate for all outstanding debt obligations, appropriate and adopt an updated capital improvement plan, continue building reserve funds to cash-fund known projects, and focus on best practices. These directives help ensure we plan for the Town’s financial stability and are better prepared to meet the service delivery expectations of our community. Our approach to both revenue estimating and expenditure requests continue to proceed in a fiscally conservative manner and still allow Westlake the ability to exceed expectations of our residents. 3 Page 13 The ad valorem tax is allocated between Maintenance and Operations (M&O) in the General Fund and Interest and Sinking (I&S) debt service for the Town. The allocation for M&O is $0.142206 and the projected revenue totals $3.7M. The allocation for I&S debt service is $0.042794 and the projected revenue totals $1.2M. Please see the tax rate change below: Tax Rate Change FY26 Adopted FY27 Proposed Variance M&O I&S Total $0.185000 $0.185000 $ 0.00 Westlake has experienced rising values due to the market conditions over the past few years. For FY26, the appraised valuations continued to rise, but not at the rate previously experienced. The appraised value of all real property in Westlake is $3.77B, which is an increase of $330M or 9.6%. The certified taxable value is $2.88B, which is an increase of $90M or 3.2%. The average taxable value of a homestead is $2.25M, which is a decrease of $239K or 9.6%. Due to the unchanged property tax rate, market conditions, and protests, the average homeowner would see a decrease of $442 to their annual bill. The difference between the appraised value and the taxable value are the Town’s homestead and other exemptions. The Town offers the following exemptions and property tax rate reduction programs to our residents: Homestead Exemption Additional 65+ or Disabled Exemption Additional Tax Ceiling, or Tax Freeze, for 65+ or Disabled Property Tax Reduction from $0.05 Additional Sales & Use Tax 2.7 3.16 3.3 3.44 3.77 1.96 2.25 2.49 2.79 2.88 0 0.5 1 1.5 2 2.5 3 3.5 4 FY23 FY24 FY25 FY26 FY27 Appraised vs. Taxable Value (shown in billions) Appraised Taxable 4 Page 14 PROPOSED BUDGET In FY27, revenues are budgeted at $42.5M for all funds. This includes increases of approximately $5.5M in sales tax receipts than budgeted in FY26 to reflect modest growth over current year projected receipts and $1.2M in interest earnings due to anticipated rate increases and increased cash balances ahead of planned capital projects. Expenditures are budgeted at $31.6M for all funds. This is a 2% increase of $663K from prior year adopted. This increase includes salary adjustments to non-public safety employees to the 70th percentile of market, the implementation of a step plan for firefighters during FY26, reduction of a net 4 full-time equivalent positions, $1.1M in utility infrastructure and street maintenance, and necessary investment in the Town’s capital improvement plan. The ad valorem-backed debt service fund will include a deficit to account for prior year excess collections. There are no planned vehicle purchases, therefore, there is no planned activity in the internal service funds. Capital projects are approved on a life-to-date basis and budgets are amended to reflect actual spending. FUND General Fund $22,669,725 $14,878,123 $7,791,602 Enterprise Funds 8,877,000 8,775,621 101,379 Internal Service Funds 0 0 0 Special Revenue Funds 5,937,250 3,238,572 2,698,678 Debt Service Funds 3,162,951 3,393,632 -230,681 Capital Projects Funds 450,000 0 450,000 TOTAL $42,452,697 $31,641,719 $10,810,978 Of the $31.6M across all funds, $4.6M is programmed for Westlake Academy costs, including debt payments, capital maintenance and repairs, and personnel costs allocated within the Town’s payroll reflecting workload contributions. As part of the Academy’s outsourcing of finance and information technology support, 3 full-time equivalent positions were eliminated. This budget also includes $1.5M in direct cash transfer to the Academy to cover standard operating expenses. It does not include the continued costs associated with the expansion of the Arts & Sciences building; these costs will be contained in a budget amendment to reflect the actual spending. The FY27 proposed budget reduces full-time equivalent positions by a net of four (4): cut 2 finance positions and 1 information technology position that previously supported the Academy, cut 1 information technology position whose duties are being outsourced, cut 1 municipal court position due to attrition and workload, and add 1 code enforcement officer. Westlake firefighters were approved to move to a step plan placing them in the 80th percentile of market during FY26. All other personnel will be moved to the 70th percentile of market in FY27, with a minimum of 3% cost-of-living increases. Health benefits are budgeted to increase 12% over FY26. No changes in other benefits are planned. ALL FUNDS Adopted Proposed Change Change Payroll & Related $8,251,914 $8,525,898 $273,984 3% Operating Expenditures 22,726,981 23,115,821 365,015 2% TOTAL $31,002,720 $31,641,719 $638,999 2% 5 Page 15 Westlake does issue debt to fund capital projects. The Town did not issue any debt for FY26. Depending on the progress of the planning phase of the second water tower, the Town may issue debt towards the end of FY27. As of October 1, 2026, the Town will have $49.07M outstanding across 11 issuances. ISSUE Funding Source Amount Issued 2013 CO Sales Tax & Utility Fees $9,319,820 $6,605,000 $505,619 2013 GORB Sales Tax 2,200,000 320,000 166,000 2014 GORB Property Tax 1,910,000 1,490,000 68,420 2016 CO Sales Tax 9,180,000 7,165,000 509,450 2017 GORB Sales Tax 5,795,000 4,325,000 805,100 2018 CO Utility Fund 2,100,000 1,445,000 145,932 2021 CO Property Tax 3,215,000 2,580,000 203,800 2021 GORB Property Tax 4,430,000 1,135,000 389,850 2022 GORB Utility Fees 14,920,000 12,490,000 866,800 2023 TTN Property Tax 3,552,000 2,139,600 573,707 2026 CO Property Tax & Utility Fees 9,380,000 9,380,000 492,450 TOTAL $66,001,820 $49,074,000 $4,727,128 6 Page 16 CLOSING In summary, we are proud to present a balanced proposed budget that includes necessary investments to ensure staff is able to continue to deliver services to our residents and visitors. Throughout FY27 Town staff will:  Review departmental budget expenditures and communicate needs to Council;  Monitor revenue sources and make appropriate recommendations;  Report on the financial standing of the Town;  Implement the additional resources requested timely and effectively; and  Facilitate the approved capital improvement/replacement plan. In adherence to our fiscal policies, the budget will continue to be monitored monthly and regular updates will be provided to the Town Council. The budget is intended to be a tool that communicates how revenues will be collected in order to meet service delivery needs that may arise within our community. It is expected that these amounts will need to be adjusted during the year, which will be handled in line with the approved budget transfer policy or presented to Council for amendment. We are very fortunate to work alongside a team of municipal professionals and to serve with a Town Council who is committed to successful governance. This proposed budget is hereby provided for public inspection in anticipation of the public hearings on the proposed tax rate and annual operating budget, scheduled on Tuesday, September 15, 2026, at 4:00 pm in the Council Chambers located at 1500 Solana Boulevard, Building 7, Suite 7100, Westlake, Texas 76262. We are truly Distinctive by Design and are proud to be a part of creating such a wonderful place. Respectfully submitted, Town of Westlake Staff 7 Page 17 FISCAL YEAR 2026-2027 PROPOSED BUDGET FY2025 FY2026 FY2026 FY2027 ALL FUNDS Actuals Adopted Projected Proposed Revenue $56,137,627 $34,973,808 $39,996,367 $42,452,697 Property Taxes $4,357,605 $4,696,742 $4,757,622 $4,945,000 Sales Tax $16,048,173 $14,542,000 $17,200,000 $20,075,000 Other Taxes $1,628,143 $1,110,800 $1,451,000 $1,401,000 Licenses & Permits $2,395,908 $1,082,600 $1,165,000 $1,067,000 Charges for Service $10,468,140 $7,694,300 $7,794,300 $8,616,250 Fines & Forfeitures $481,648 $313,625 $375,000 $307,625 Miscellaneous Revenue $3,713,699 $1,542,100 $2,720,000 $2,752,100 Other Financing Sources $17,044,311 $3,991,641 $4,533,445 $3,288,722 Expenditures by Classification $38,455,705 $31,002,720 $38,357,720 $31,641,719 Personnel $7,087,859 $8,251,914 $8,406,914 $8,525,898 Supplies $401,193 $367,906 $367,906 $311,173 Services $11,305,848 $8,228,486 $8,728,486 $9,255,368 Repairs & Maintenance $1,950,969 $1,564,703 $1,564,703 $2,178,435 Utilities $1,170,899 $1,116,320 $1,116,320 $1,148,220 Debt Service $4,417,463 $4,758,850 $4,758,850 $4,754,403 Capital Outlay $4,135,411 $1,222,900 $7,922,900 $679,500 Transfers Out $7,986,062 $5,491,641 $5,491,641 $4,788,722 Expenditures by Department $38,455,705 $31,002,720 $38,357,720 $31,641,719 General Services $18,373,549 $11,425,312 $18,695,137 $10,709,507 Council $17,051 $15,600 $15,600 $23,150 Town Manager $665,363 $720,302 $720,302 $925,482 Town Secretary $281,985 $188,773 $188,773 $208,868 Human Resources $326,042 $336,400 $336,400 $398,884 Finance $733,433 $847,838 $847,838 $746,936 Information Technology $1,051,681 $955,802 $955,802 $734,955 Communications $547,648 $488,063 $488,063 $506,400 Fire $4,554,083 $4,294,798 $4,449,798 $4,348,268 Police $1,377,090 $1,315,246 $1,315,246 $1,484,161 Municipal Court $397,983 $399,954 $399,954 $339,616 Planning & Development $692,035 $981,787 $981,787 $892,219 Public Works $8,800,145 $7,767,243 $7,827,243 $9,414,723 Facilities $261,090 $357,750 $357,750 $306,750 Parks & Recreation $376,526 $778,027 $778,027 $601,800 Contribution to (Use of) Fund Balance $17,681,922 $3,971,088 $1,638,647 $10,810,978 Ending Fund Balance $65,629,699 $69,600,787 $66,107,466 $76,918,445 8 Page 18 FISCAL YEAR 2026-2027 PROPOSED BUDGET General Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $21,065,326 $16,855,538 $20,175,413 $22,669,725 Property Taxes $3,067,604 $3,300,413 $3,300,413 $3,715,000 Sales Tax $12,055,863 $10,942,000 $12,800,000 $15,075,000 Other Taxes $1,146,964 $509,800 $850,000 $800,000 Licenses & Permits $2,321,014 $1,067,600 $1,150,000 $1,052,000 Charges for Service $188,836 $100,000 $200,000 $208,000 Fines & Forfeitures $481,648 $313,625 $375,000 $307,625 Miscellaneous Revenue $1,815,273 $622,100 $1,500,000 $1,512,100 Other Financing Sources -$11,876 $0 $0 $0 Expenditures by Classification $15,865,331 $14,821,258 $14,976,258 $14,878,123 Personnel $6,126,526 $7,049,393 $7,204,393 $7,234,477 Supplies $346,990 $335,706 $335,706 $278,973 Services $3,691,073 $2,940,161 $2,940,161 $3,261,643 Repairs & Maintenance $1,114,055 $1,105,278 $1,105,278 $1,139,010 Utilities $865,311 $874,320 $874,320 $901,020 Debt Service $393,753 $5,000 $5,000 $5,000 Capital Outlay $153,344 $406,400 $406,400 $558,000 Transfers Out $3,174,280 $2,105,000 $2,105,000 $1,500,000 Expenditures by Department $15,865,331 $14,821,258 $14,976,258 $14,878,123 General Services $5,341,979 $3,688,128 $3,688,128 $3,034,454 Council $17,051 $15,600 $15,600 $23,150 Town Manager $553,353 $518,126 $518,126 $705,346 Town Secretary $281,985 $188,773 $188,773 $208,868 Human Resources $301,843 $336,400 $336,400 $398,884 Finance $631,799 $729,774 $729,774 $624,033 Information Technology $1,003,262 $955,802 $955,802 $734,955 Communications $371,491 $237,534 $237,534 $261,594 Fire $3,260,761 $3,809,798 $3,964,798 $4,348,268 Police $1,377,090 $1,315,246 $1,315,246 $1,484,161 Municipal Court $397,983 $399,954 $399,954 $339,616 Planning & Development $692,035 $911,787 $911,787 $892,219 Public Works $1,087,884 $578,559 $578,559 $914,025 Facilities $170,290 $357,750 $357,750 $306,750 Parks & Recreation $376,526 $778,027 $778,027 $601,800 Contribution to (Use of) Fund Balance $5,199,995 $2,034,280 $5,199,155 $7,791,602 Ending Fund Balance $38,238,616 $40,272,896 $43,437,771 $51,229,373 9 Page 19 FISCAL YEAR 2026-2027 PROPOSED BUDGET General Vehicle/Equipment Replacement Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $1,348,509 $605,000 $605,000 $0 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $62,478 $0 $0 $0 Other Financing Sources $1,286,032 $605,000 $605,000 $0 Expenditures by Classification $1,398,661 $605,000 $605,000 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $6,629 $0 $0 $0 Repairs & Maintenance $90,800 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $1,301,231 $605,000 $605,000 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $1,398,661 $605,000 $605,000 $0 General Services $0 $50,000 $50,000 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $14,538 $0 $0 $0 Communications $0 $0 $0 $0 Fire $1,293,323 $485,000 $485,000 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $70,000 $70,000 $0 Public Works $0 $0 $0 $0 Facilities $90,800 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance -$50,151 $0 $0 $0 Ending Fund Balance $649,301 $649,301 $649,301 $649,301 10 Page 20 FISCAL YEAR 2026-2027 PROPOSED BUDGET 4B Sales Tax Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $4,272,491 $3,775,000 $3,775,000 $5,240,000 Property Taxes $0 $0 $0 $0 Sales Tax $3,992,311 $3,600,000 $4,400,000 $5,000,000 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $280,181 $175,000 $175,000 $240,000 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $1,957,848 $2,617,778 $2,617,778 $2,608,551 Personnel $0 $0 $0 $0 Supplies $0 $350 $350 $350 Services $3,173 $669,850 $669,850 $675,250 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Transfers Out $1,954,675 $1,947,578 $1,947,578 $1,932,951 Expenditures by Department $1,957,848 $2,617,778 $2,617,778 $2,608,551 General Services $1,957,848 $2,617,778 $2,617,778 $2,608,551 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $2,314,643 $1,157,222 $1,157,222 $2,631,449 Ending Fund Balance $4,732,089 $5,889,311 $5,889,311 $8,520,760 11 Page 21 FISCAL YEAR 2026-2027 PROPOSED BUDGET Visitors Association Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $509,760 $631,000 $631,000 $631,000 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $481,180 $601,000 $601,000 $601,000 Licenses & Permits -$5,707 $0 $0 $0 Charges for Service -$2,165 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $36,452 $30,000 $30,000 $30,000 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $434,139 $561,649 $561,649 $584,921 Personnel $225,916 $336,149 $336,149 $356,821 Supplies $5,194 $0 $0 $0 Services $94,062 $149,000 $149,000 $149,000 Repairs & Maintenance $0 $0 $0 $0 Utilities $108,967 $76,500 $76,500 $79,100 Debt Service $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $434,139 $561,649 $561,649 $584,921 General Services $167,030 $151,000 $151,000 $168,600 Council $0 $0 $0 $0 Town Manager $52,972 $101,088 $101,088 $110,068 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $37,981 $59,032 $59,032 $61,447 Information Technology $0 $0 $0 $0 Communications $176,156 $250,529 $250,529 $244,806 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $75,621 $69,351 $69,351 $46,079 Ending Fund Balance $726,422 $795,773 $795,773 $841,852 12 Page 22 FISCAL YEAR 2026-2027 PROPOSED BUDGET Economic Development Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $406,765 $0 $0 $0 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $0 $0 $0 $0 Other Financing Sources $406,765 $0 $0 $0 Expenditures by Classification $1,513,679 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $1,258,679 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Transfers Out $255,000 $0 $0 $0 Expenditures by Department $1,513,679 $0 $0 $0 General Services $1,513,679 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance -$1,106,914 $0 $0 $0 Ending Fund Balance $227,651 $227,651 $227,651 $227,651 13 Page 23 FISCAL YEAR 2026-2027 PROPOSED BUDGET Public Improvement District Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $4,457 $0 $0 $0 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $4,457 $0 $0 $0 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $127,879 $5,000 $5,000 $5,000 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $127,879 $5,000 $5,000 $5,000 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $127,879 $5,000 $5,000 $5,000 General Services $127,879 $5,000 $5,000 $5,000 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance -$123,422 -$5,000 -$5,000 -$5,000 Ending Fund Balance $277,022 $272,022 $272,022 $267,022 14 Page 24 FISCAL YEAR 2026-2027 PROPOSED BUDGET Cemetery Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $79,012 $57,800 $57,800 $66,250 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $58,800 $42,800 $42,800 $46,250 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $20,212 $15,000 $15,000 $20,000 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $35,172 $40,100 $40,100 $40,100 Personnel $0 $0 $0 $0 Supplies $0 $850 $850 $850 Services $27,480 $20,125 $20,125 $20,125 Repairs & Maintenance $6,401 $17,625 $17,625 $17,625 Utilities $0 $0 $0 $0 Debt Service $1,292 $0 $0 $0 Capital Outlay $0 $1,500 $1,500 $1,500 Transfers Out $0 $0 $0 $0 Expenditures by Department $35,172 $40,100 $40,100 $40,100 General Services $35,172 $40,100 $40,100 $40,100 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $43,839 $17,700 $17,700 $26,150 Ending Fund Balance $485,979 $503,679 $503,679 $529,829 15 Page 25 FISCAL YEAR 2026-2027 PROPOSED BUDGET Public Art Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $0 $0 $0 $0 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $0 $0 $0 $0 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $0 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $0 $0 $0 $0 General Services $0 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $0 $0 $0 $0 Ending Fund Balance $646,503 $646,503 $646,503 $646,503 16 Page 26 FISCAL YEAR 2026-2027 PROPOSED BUDGET Lone Star Public Facilities Corporation FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $750 $0 $0 $0 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $750 $0 $0 $0 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $0 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $0 $0 $0 $0 General Services $0 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $750 $0 $0 $0 Ending Fund Balance $16,328 $16,328 $16,328 $16,328 17 Page 27 FISCAL YEAR 2026-2027 PROPOSED BUDGET Sales Tax Debt Service Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $1,954,675 $1,947,578 $1,947,578 $1,932,951 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $0 $0 $0 $0 Other Financing Sources $1,954,675 $1,947,578 $1,947,578 $1,932,951 Expenditures by Classification $1,954,675 $1,947,578 $1,947,578 $1,932,951 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $1,954,675 $1,947,578 $1,947,578 $1,932,951 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $1,954,675 $1,947,578 $1,947,578 $1,932,951 General Services $1,954,675 $1,947,578 $1,947,578 $1,932,951 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $0 $0 $0 $0 Ending Fund Balance $9,235 $9,235 $9,235 $9,235 18 Page 28 FISCAL YEAR 2026-2027 PROPOSED BUDGET Property Tax Debt Service Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $1,290,001 $1,396,329 $1,396,329 $1,230,000 Property Taxes $1,290,001 $1,457,209 $1,457,209 $1,230,000 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $0 $0 $0 $0 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $1,238,694 $1,457,209 $1,457,209 $1,460,681 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $1,238,694 $1,457,209 $1,457,209 $1,460,681 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $1,238,694 $1,387,384 $1,457,209 $1,460,681 General Services $1,238,694 $1,457,209 $1,457,209 $1,460,681 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $51,307 -$60,880 -$60,880 -$230,681 Ending Fund Balance -$121,564 -$182,444 -$182,444 -$413,125 19 Page 29 FISCAL YEAR 2026-2027 PROPOSED BUDGET Municipal Capital Improvement Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $192,198 $75,000 $75,000 $150,000 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $192,198 $75,000 $125,000 $150,000 Other Financing Sources $0 $0 $0 $0 Expenditures by Classification $33,882 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $33,882 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $33,882 $0 $0 $0 General Services $0 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $33,882 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $158,316 $75,000 $75,000 $150,000 Ending Fund Balance $4,320,051 $4,395,051 $4,395,051 $4,545,051 20 Page 30 FISCAL YEAR 2026-2027 PROPOSED BUDGET Academy Capital Improvement Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $397,374 $75,000 $75,000 $100,000 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $142,374 $75,000 $125,000 $100,000 Other Financing Sources $255,000 $0 $0 $0 Expenditures by Classification $1,775,761 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $1,775,761 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $1,775,761 $0 $0 $0 General Services $1,775,761 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance -$1,378,387 $75,000 $75,000 $100,000 Ending Fund Balance $3,082,872 $3,157,872 $3,157,872 $3,257,872 21 Page 31 FISCAL YEAR 2026-2027 PROPOSED BUDGET Arts & Sciences Capital Improvement Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $4,220,501 $50,000 $50,000 $200,000 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $177,991 $50,000 $250,000 $200,000 Other Financing Sources $4,042,510 $0 $0 $0 Expenditures by Classification $196,831 $0 $7,200,000 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $30,269 $0 $500,000 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $49,594 $0 $0 $0 Capital Outlay $116,969 $0 $6,700,000 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $196,831 $0 $7,200,000 $0 General Services $196,831 $0 $7,200,000 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $0 $0 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $4,023,670 $50,000 -$7,150,000 $200,000 Ending Fund Balance $7,284,772 $7,334,772 $134,772 $334,772 22 Page 32 FISCAL YEAR 2026-2027 PROPOSED BUDGET Utility Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $16,624,961 $8,066,500 $8,337,402 $8,877,000 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $80,600 $15,000 $15,000 $15,000 Charges for Service $10,222,669 $7,551,500 $7,551,500 $8,362,000 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $719,703 $500,000 $500,000 $500,000 Other Financing Sources $5,601,988 $0 $270,902 $0 Expenditures by Classification $9,314,635 $7,508,085 $7,508,085 $8,775,621 Personnel $735,417 $866,372 $866,372 $934,600 Supplies $49,010 $31,000 $31,000 $31,000 Services $6,057,305 $4,444,350 $4,444,350 $5,144,350 Repairs & Maintenance $739,714 $441,800 $441,800 $1,021,800 Utilities $196,621 $165,500 $165,500 $168,100 Debt Service -$271,482 $0 $0 $0 Capital Outlay $638,644 $120,000 $120,000 $120,000 Transfers Out $1,169,406 $1,439,063 $1,439,063 $1,355,771 Expenditures by Department $9,314,635 $7,508,085 $7,508,085 $8,775,621 General Services $1,571,063 $1,538,344 $1,538,344 $1,459,170 Council $0 $0 $0 $0 Town Manager $59,038 $101,088 $101,088 $110,068 Town Secretary $0 $0 $0 $0 Human Resources $24,199 $0 $0 $0 Finance $63,653 $59,032 $59,032 $61,456 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $7,596,683 $5,809,621 $5,809,621 $7,144,927 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $7,310,325 $558,415 $829,317 $101,379 Ending Fund Balance $5,147,088 $5,705,503 $5,976,405 $6,077,784 23 Page 33 FISCAL YEAR 2026-2027 PROPOSED BUDGET Utility Debt Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $1,050,966 $1,349,063 $1,619,965 $1,355,771 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $0 $0 $0 $0 Other Financing Sources $1,050,966 $1,349,063 $1,619,965 $1,355,771 Expenditures by Classification $1,050,937 $1,349,063 $1,349,063 $1,355,771 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $1,050,937 $1,349,063 $1,349,063 $1,355,771 Capital Outlay $0 $0 $0 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $1,050,937 $1,349,063 $1,349,063 $1,355,771 General Services $1,050,937 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $0 $1,349,063 $1,349,063 $1,355,771 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $29 $0 $270,902 $0 Ending Fund Balance -$270,902 -$270,902 $0 $0 24 Page 34 FISCAL YEAR 2026-2027 PROPOSED BUDGET Utility Vehicle/Equipment Replacement Fund FY2025 FY2026 FY2026 FY2027 Actuals Adopted Projected Proposed Revenue $123,677 $90,000 $90,000 $0 Property Taxes $0 $0 $0 $0 Sales Tax $0 $0 $0 $0 Other Taxes $0 $0 $0 $0 Licenses & Permits $0 $0 $0 $0 Charges for Service $0 $0 $0 $0 Fines & Forfeitures $0 $0 $0 $0 Miscellaneous Revenue $5,236 $0 $0 $0 Other Financing Sources $118,440 $90,000 $90,000 $0 Expenditures by Classification $115,579 $90,000 $90,000 $0 Personnel $0 $0 $0 $0 Supplies $0 $0 $0 $0 Services $0 $0 $0 $0 Repairs & Maintenance $0 $0 $0 $0 Utilities $0 $0 $0 $0 Debt Service $0 $0 $0 $0 Capital Outlay $115,579 $90,000 $90,000 $0 Transfers Out $0 $0 $0 $0 Expenditures by Department $115,579 $90,000 $90,000 $0 General Services $0 $0 $0 $0 Council $0 $0 $0 $0 Town Manager $0 $0 $0 $0 Town Secretary $0 $0 $0 $0 Human Resources $0 $0 $0 $0 Finance $0 $0 $0 $0 Information Technology $0 $0 $0 $0 Communications $0 $0 $0 $0 Fire $0 $0 $0 $0 Police $0 $0 $0 $0 Municipal Court $0 $0 $0 $0 Planning & Development $0 $0 $0 $0 Public Works $115,579 $90,000 $90,000 $0 Facilities $0 $0 $0 $0 Parks & Recreation $0 $0 $0 $0 Contribution to (Use of) Fund Balance $8,098 $0 $0 $0 Ending Fund Balance $178,236 $178,236 $178,236 $178,236 25 Page 35 Debt Issuance Name Type Fund Funding Source Purpose Entity Rating Issue Date Call Date Term Outstanding FY2027 P&I Agency SERIES 2013 CO Certificate of Obligation 510 Utility Fund UF - Ground Storage Tank Town AAA April 2013 Feb 2023 30 2043 2.00-4.00%1,025,020 726,550 55,618 300 SERIES 2013 CO Certificate of Obligation 300 Sales Tax WA Expansion Academy AAA April 2013 Feb 2023 30 2043 2.00-4.00%8,294,800 5,878,450 450,001 300 SERIES 2013 GORB General Obligation-Refunding 300 Sales Tax WA - Refunding 2008 Academy AAA April 2013 Feb 2023 15 2028 2.00-2.50%2,200,000 320,000 166,000 600 SERIES 2014 GORB General Obligation-Refunding 310 Property Tax WA - Refunding 2003 (2nd phase WA)Academy AAA January 2014 Feb 2024 18 2032 2.00-5.00%1,910,000 1,490,000 68,420 600 SERIES 2016 CO Certificate of Obligation 300 Sales Tax Fire Station Complex Town AAA December 2016 Feb 2026 30 2046 3.00-4.00%9,180,000 7,165,000 509,450 600 SERIES 2017 GORB General Obligation-Refunding 300 Sales Tax WA - Refunding 2007 (OG 2002)Academy AAA February 2007 Feb 2027 30 2032 2.00-4.00%5,795,000 4,325,000 805,100 600 SERIES 2018 CO Certificate of Obligation (Taxable)510 Utility Fund UF - TWDN Water Main Ft Worth Town N/A October, 2018 Aug 2028 20 2038 1.98-3.06%2,100,000 1,445,000 145,932 600 SERIES 2021 CO Certificate of Obligation 310 Property Tax Capital Improvements Town AAA September 2021 Feb 2030 20 2041 2.00-4.00%3,215,000 2,580,000 203,800 600 SERIES 2021 GORB General Obligation-Refunding 310 Property Tax WA 25% Muni 75% - Refunding 2011 CO-GO WA 25%/Town 75%AAA September 2021 Feb 2030 10 2031 TOTAL 66,001,820 49,074,000 4,727,128 6,600 TOTAL BUDGETED FY2027 4,733,728 DEBT SERVICE LISTING 26 Page 36 Capital Improvement Program - PROPOSED FY2027 Project Type 2027 Projected 2028 Projected 2029 Projected 2030 Projected 2031 Projected 2032 +Total Streets $350,000 $100,000 $750,000 $750,000 $2,680,000 $1,000,000 $4,630,000 Facilities $160,000 $0 $0 $2,241,500 $11,000,000 $4,000,000 $13,401,500 Parks/Trails $50,000 $0 $0 $0 $0 $0 $50,000 Drainage $0 $300,000 $0 $0 $0 $0 $300,000 Water $0 $18,150,000 $20,000,000 $300,000 $300,000 $0 $38,750,000 Sewer $0 $0 $0 $90,000 $0 $0 $90,000 Vehicles/Equipment $0 $2,475,000 $230,000 $200,000 $3,255,908 $105,000 $6,160,908 Information Technology $0 $0 $0 $0 $0 $0 $0 $560,000 $21,025,000 $20,980,000 $3,581,500 $17,235,908 $5,105,000 $63,382,408 Funding Source 2027 Projected 2028 Projected 2029 Projected 2030 Projected 2031 Projected 2032 +Total General Fund $560,000 $7,875,000 $10,000,000 $941,500 $2,735,000 $105,000 $22,111,500 Utility Revenues $0 $150,000 $230,000 $390,000 $450,000 $0 $1,220,000 General/Utilities $0 $0 $0 $0 $1,370,908 $4,000,000 $1,370,908 Certificates of Obligation $0 $13,000,000 $10,750,000 $2,250,000 $12,680,000 $1,000,000 $38,680,000 $560,000 $21,025,000 $20,980,000 $3,581,500 $17,235,908 $5,105,000 $63,382,408 Page 37 DATE: August 18, 2026 AGENDA ITEM NO: H.1. FROM: Wade Carroll, Town Manager, Town Manager's Office SUBJECT: Discuss, consider and act to adopt Ordinance 1047 Approving a Negotiated Settlement ATTACHMENTS: SUMMARY : BACKGROUND AND DISCUSSION: Town Council/Board of Trustees AGENDA ITEM REPORT Page 38 Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $273.6 million. After reviewing the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $253.4 million instead of the claimed $291.1 million. After several settlement meetings, the parties have agreed to settle the case for $260.5 million. This is a reduction of over $30 million to the Company’s initial request. This includes payment of ACSC’s expenses. The Effective Date for new rates is October 1, 2026. ACSC members should take action approving the Resolution/Ordinance before October 1, 2026. RATE TARIFFS Atmos generated rate tariffs attached to the Resolution/Ordinance that will generate $260.5 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $13.37 on a monthly basis, or 14.15%. The increase for average commercial usage will be $44.82 or 9.90%. Atmos provided bill impact comparisons containing these figures. SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2026, ACSC residents will maintain an economic monthly advantage over GRIP and will be comparable to DARR rates. Comparison to Other Mid-Tex Rates (Residential): AVERAGE BILL COMPARED TO RRM CITIES RRM Cities: $66.18 ---- DARR: $66.07 $0.11 ATM Cities: $67.02 ($0.84) Environs: $66.07 $0.11 Note: ATM Cities and Environs rates are as-filed. Also note that DARR uses a test year ending in September rather than December. CONCLUSION The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with Page 39 capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $291.1 million in additional system-wide revenues, the RRM settlement at $260.5 million for ACSC members reflects substantial savings to ACSC cities. The settlement, at $260.5 million, is fair and reasonable. The ACSC Executive Committee, consisting of city employees of 18 ACSC members, urges all ACSC members to pass the Resolution/Ordinance before October 1, 2026. New rates become effective October 1, 2026. FISCAL IMPACT: TBD LEGAL REVIEW: ACSC legal counsel. RECOMMENDATION: Staff recommends approval of Ordinance 1047 as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 40 1 TOWN OF WESTLAKE ORDINANCE NO. 1047 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2026 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the Town of Westlake, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Page 41 Ordinance 1047 Page 2 Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the Town in a rate ordinance in 2018; and WHEREAS, on about April 1, 2026 Atmos Mid-Tex filed its 2026 RRM rate request with ACSC Cities based on a test year ending December 31, 2025; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2025 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $260.5 million on a system-wide basis with an Effective Date of October 1, 2026; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications. Page 42 Ordinance 1047 Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the Town Council finds that the settled amount of an increase in revenues of $260.5 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2026 RRM filing, is in the public interest, and is consistent with the Town’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $260.5 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company’s 2026 RRM filing. Page 43 Ordinance 1047 Page 4 Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2026. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. Page 44 2557/40/9262988 5 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 18TH DAY OF AUGUST, 2026. Mayor Kim Greaves ATTEST: Town Secretary Dianna Buchanan APPROVED AS TO FORM: ______________________________ Town Attorney Alex Crowley Page 45 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 24.35 per month Rider CEE Surcharge $ 0.05 per month 1 Total Customer Charge $ 24.40 per month Commodity Charge – All Ccf $ 1.03839 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 19196. Surcharge billing effective July 1, 2026. Page 46 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 115.50 per month Rider CEE Surcharge $ 0.00 per month 1 Total Customer Charge $ 115.50 per month Commodity Charge – All Ccf $ 0.27784 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 19196. Surcharge billing effective July 1, 2026. Page 47 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 2,304.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.9582 per MMBtu Next 3,500 MMBtu $ 0.7018 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1505 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 48 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. Page 49 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. This tariff is not available to customers with a maximum daily demand of 1,000 MMBtu or greater and a daily/annual load factor of 10% or less. Load factor is calculated as follows: annual usage / (maximum daily connected demand X 365). Load factors will be recalculated once each year to determine appropriate eligibility for Rate T. Type of Service Company’s receipt and delivery of all gas quantities under the applicable Transportation Agreement will be on a wholly interruptible basis subject to the Terms and Conditions incorporated in the Transportation Agreement. If Customer is an Industrial Customer, then Customer may elect, at the reasonable discretion of Company, to contract for Plant Protection transportation quantities defined as the minimum natural gas required to prevent physical harm and/or protect critical safety to the plant facilities, plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel. Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 2,304.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.9582 per MMBtu Next 3,500 MMBtu $ 0.7018 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1505 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Page 50 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Overpull Fee Upon notification by Company of an event of interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 51 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR – SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application This Rider is applicable to customer classes in the incorporated areas under the RRM tariff as authorized by the state or any governmental entity, a municipality, or a regulatory authority pursuant to any statute, ordinance, order, rule, contract, or agreement. Monthly Calculation Surcharges will be calculated in accordance with the applicable statute, ordinance, order, rule, contract, or agreement. FASB ASC 740-10 (Fin48) Refund Applicable to Customers taking service under Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation. To ensure that gas utility customers receive the benefit associated with the changes in the Company’s Uncertain Tax Positions (“UTPs”) arising from recognition of Texas Margin Tax returns. The decrease shall be calculated as follows: Beginning with implementation of rates from the negotiated RRM Tariff, and annually thereafter, the portion of UTP liabilities identified in Schedule FIN48-1.1 for the prior fiscal year shall be allocated based on the final class allocations of GUD No. 10170 as per the RRM Tariff, divided by the annual bill count to derive rates to be refunded through Rider SUR in the subsequent fiscal year. Each year’s calculation will include a true-up (+ or - ) due to account for over/under collections. Amounts identified in Schedule FIN48-1 shall be adjusted to reflect any audit adjustments received from the Texas Comptroller of Public Accounts. No action on the part of the Regulatory Authority is required to give effect to the amount to be refunded to customers. However, any amount refunded to customers shall be fully subject to review for reasonableness and accuracy in the gas utility’s next statement of intent proceeding with the Railroad Commission of Texas, and if applicable, the gas utility shall be required to reconcile any discrepancies. The following refund as authorized in the most recent negotiated RRM Tariff shall be refunded to each Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation customer’s monthly bill in each month for a 12-month period. The refund amount by month by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R – Residential Sales $ (0.14) Rate C – Commercial Sales $ (0.49) Rate I – Industrial Sales $ (10.47) Rate T – Transportation $ (10.47) Page 52 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR – SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Unprotected Excess Deferred Income Tax Amortization The allocated RRM Cities balance of the Unprotected portion of the Excess Deferred Income Taxes (“EDIT”) remaining after implementation of rates at October 1, 2026 shall be applied to each Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation customer’s monthly bill for a one-month period. The refund amount by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R – Residential Sales $ (4.45) Rate C – Commercial Sales $ (14.80) Rate I – Industrial Sales $ (319.02) Rate T – Transportation $ (319.02) Maximum Allowable Operating Pressure (“MAOP”) Hydrostatic Testing Cost Recovery The allocated RRM Cities balance of the MAOP Hydrostatic Testing Cost as of December 31, 2025 is to be recovered through a monthly rate. This monthly rate shall be applied to each Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation customer’s monthly bill for approximately twelve (12) months or until all approved costs are recovered from the applicable customer classes. The monthly recovery rate by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R – Residential Sales $ 0.30 Rate C – Commercial Sales $ 0.98 Rate I – Industrial Sales $ 21.17 Rate T – Transportation $ 21.17 Page 53 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Page 54 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at www.atmosenergy.com/MTXtariffs, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Page 55 Line Pension Employment Pension Employment Adjustment (a)(b)(c)(d)(e)(f)(g) 1 200,382$ (490,197)$ 951,536$ (3,288,240)$ 72,926$ 2 Allocation Factor 46.66%46.66%87.00%87.00%100.00% 3 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 6 7 O&M Expense Factor (WP_F-2.3, Ln 2)80.27%80.27%36.19%36.19%8.73% 8 9 10 11 12 ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2025 Shared Services Mid-Tex Direct Page 56 Line No.Description Average Volumes Current Rates Proposed Rates Current Average Bill Proposed Average Bill Amount Change Percent Change (a)(b)(c)(d)(e)(f)(g)(h) 1 Rate R @ 40.7 Ccf 2 Base Rates: 3 Customer Charge 23.65$ 24.35$ 23.65$ 24.35$ 0.70$ 4 Consumption Charge (Ccf)40.7 0.74748$ 1.03839$ 30.44 42.29 11.85 5 Total Base Rates 54.09$ 66.64$ 12.55$ 23.20% 6 7 Gas Cost: 8 Rider GCR Part A (Ccf)40.7 0.26375$ 0.26375$ 10.74$ 10.74$ -$ 9 Rider GCR Part B (Ccf)40.7 0.58642$ 0.58642$ 23.88 23.88 - 10 Total Gas Cost 34.62$ 34.62$ -$ 0.00% 11 12 Total Base with Gas Cost 88.71$ 101.26$ 12.55$ 13 Rider FF & Rider TAX 0.06509 0.06509 5.77 6.59 0.82 14.15% 14 15 Total Residential Average Bill 94.48$ 107.85$ 13.37$ 14.15% 16 Rate C @ 372.6 Ccf Total Commercial Average Bill 452.93$ 497.75$ 44.82$ 9.90% ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2025 Page 57 Line No.Description Average Volumes Current Rates Proposed Rates Current Average Bill Proposed Average Bill Amount Change Percent Change (a)(b)(c)(d)(e)(f)(g)(h) ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2025 33 Rate I at 1263 MMBTU 34 Base Rates: 35 Customer Charge $1,848.75 2,304.50$ 1,848.75$ 2,304.50$ 455.75$ 36 Block 1 - Consumption Charge (MMBtu)1,263 0.7678$ 0.9582$ 969.87 1,210.38 240.51 37 Block 2 - Consumption Charge (MMBtu)- 0.5623$ 0.7018$ - - - 38 Block 3 - Consumption Charge (MMBtu)- 0.1206$ 0.1505$ - - - Total Industrial Average Bill 7,772.42$ 8,514.00$ 741.58$ 9.54% 50 Rate T at 4935 MMBTU 54 Block 1 - Consumption Charge (MMBtu)1,500 0.7678$ 0.9582$ 1,151.70 1,437.30 285.60 55 Block 2 - Consumption Charge (MMBtu)3,435 0.5623$ 0.7018$ 1,931.41 2,410.57 479.16 56 Block 3 - Consumption Charge (MMBtu)- 0.1206$ 0.1505$ - - - Total Transportation Average Bill 10,026.07$ 11,326.02$ 1,299.96$ 12.97% Page 58 DATE: August 18, 2026 AGENDA ITEM NO: H.2. FROM: Dianna Buchanan, Town Secretary, Town Secretary's Office SUBJECT: Act to approve the July 21, 2026 Town Council/Board of Trustees Regular Meeting Minutes and Workshop Meeting Minutes. ATTACHMENTS: 1. 07.21.2026 TC Workshop Meeting Minutes 2. 07.21.2026 TC BOT Regular Meeting Minutes SUMMARY : The July 21, 2026 Town Council/Board of Trustees Regular Meeting Minutes are attached 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: Staff recommends approval of the July 21, 2026 Town Council/Board of Trustees Regular Meeting and Worshop Meeting Minutes as presented. ACTION OPTIONS: Town Council/Board of Trustees AGENDA ITEM REPORT Page 59 Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 60 TC/BOT Workshop Meeting Minutes July 21, 2026 Page 1 Pursuant to Texas Government Code Section 551.127, one or more members of the Town Council/Board of Trustees may participate in this meeting by video-conference call. A quorum of the Town Council/Board of Trustees and the presiding officer will be present at the physical location of the meeting. NOTE: As authorized by Section 551.071 of the Texas Government Code, the Town Council/Board of Trustees may enter into closed Executive Session for the purpose of seeking confidential legal advice from the Town and/or School Attorney on any agenda item listed herein. A. CALL THE TOWN OF WESTLAKE FY 26-27 BUDGET WORKSHOP MEETING TO ORDER AND ANNOUNCE A QUORUM PRESENT Mayor Greaves called the meeting to order at 3:00 p.m. and announced a quorum present. Council Member T.J. Duane was present virtually. COUNCIL PRESENT: Mayor Kim Greaves Council Member T.J. Duane (Present Virtually) Mayor Pro Tem Tammy Reeves Council Member Todd Gautier Council Member Kevin Smith Council Member Michael Yackira STAFF PRESENT: Town Manager Wade Carroll Deputy Town Manager Jason Alexander Finance Director Cayce Lay Lamas Town Secretary Dianna Buchanan Public Works Director Kyle Flanagan Human Resources Director Sandy Garza Fire Chief John Ard Communications Director Jon Sasser IT Network Administrator Duston McCready Dr. Kelly Ritchie, Head of School Director of Innovation Michelle Bri s B. CONDUCT BUDGET WORKSHOP Receive budget and related information from Town staff and hold discussion. No action will be taken. Town Manager Wade Carroll provided a recap of the audited 2026 budget and the projected 2027 figures, noting that the Town is in a very strong financial position. Finance Director Cayce Lay Lamas provided an overview of the preliminary proposed budget components including confirmation that staff is not proposing any increases to property tax rates or utility rates for the upcoming fiscal year. She also touched on the planned Capital Improvement Plan budget for FY 2027. Town Council directed staff to include debt ratios during every bud et discussion. There is a proposed net reduction of four full-time equivalent positions and Town Council/Board of Trustees Town of Westlake Council Chamber, 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Tuesday, July 21, 2026, 3:00 PM Workshop Meeting Minutes - Draft Page 61 TC/BOT Workshop Meeting Minutes July 21, 2026 Page 2 a request to add a full-time code enforcement officer. Staffing compensation is proposed to be increased to the 65th to 70th percentile to improve recruitment and retention. The attrition rate for non-fire department Town staff was discussed and Town Council requested staff provide data on "regrettable attrition" and the length of position vacancies. Certified property values are expected from the appraisal districts by July 25, 2026 which will allow staff to finalize the proposed budget by early August. A budget work session is scheduled for the August 18, 2026 Town Council Meeting and the maximum tax rate to be advertised to the public will be considered and acted on. The final required public hearings and adoption votes for the budget and the tax rate are scheduled for the meeting on September 15, 2026. C. ADJOURNMENT Mayor Greaves adjourned the meeting at 3:33 p.m. TAXPAYER IMPACT STATEMENT The following information is required under Texas Code §551.043(c)(2). The property tax bill of a median-valued homestead property for the current fiscal year, as provided by Tarrant Appraisal District, is $4,286.14, calculated as follows: Median value of a homestead property for Tax Year 2024 ($2,553,100) x Adopted property tax rate for Tax Year 2024 ($0.16788) / 100 The property tax bill of a median-valued homestead property for the upcoming fiscal year, as provided by Tarrant Appraisal District, is $4,892.88, calculated as follows: Median value of a homestead property for Tax Year 2025 ($2,644,800) x Proposed property tax rate for Tax Year 2025 ($0.18500) / 100 The property tax bill of a median-valued homestead property for the upcoming fiscal year, as provided by Tarrant Appraisal District, using the no-new-revenue rate, as calculated by Tax Assessor-Collector for Tarrant County, is $4,734.99, calculated as follows: Median value of a homestead property for Tax Year 2025 ($2,644,800) x No-new-revenue property tax rate for Tax Year 2025 ($0.17903) / 100 As approved by the Town Council/Board of Trustees at the Regular Meeting held on August 18, 2026. Kim Greaves, Mayor and Board President ATTEST: ______________________________ Dianna Buchanan, Town/Board Secretary Page 62 Town Council/BOT Regular Meeting Minutes July 21, 2026 Page 1 NOTE: To Town Council/Board of Trustees meetings are available for viewing online via live-stream or on-demand at -tx.org/787/Watch-Meetings-Live. In an effort to improve meeting efficiency, any residents equest form to the Town Secretary prior to the start of the meeting. -conference call. A quorum of the Town Council/Board of at the physical location of the meeting. ted herein. A. CALL REGULAR TOWN COUNCIL 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 Member T.J. Duane was present virtually. COUNCIL PRESENT: Mayor Kim Greaves Council Member T.J. Duane (Present Virtually) Mayor Pro Tem Tammy Reeves Council Member Todd Gautier Council Member Kevin Smith Council Member Michael Yackira STAFF PRESENT: Town Manager Wade Carroll Head of School Dr. Kelly Ritchie Deputy Town Manager Jason Alexander Director Innovation & Dev. Michelle Briggs Town Attorney Matthew Boyle School Attorney Janet Bubert Finance Director Cayce Lay Lamas Communications Director Jon Sasser Town Secretary Dianna Buchanan Fire Chief John Ard Human Resources Director Sandy Garza Project Manager Jason Oliver Academic Finance Manager Marlene Rutledge Keller Chief of Police Bradley Fortune Town Planner Cole Davenport IT Network Administrator Duston McCready Town Council/Board of Trustees Town of Westlake Council Chamber, 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Tuesday, July 21, 2026, 4:00 PM Meeting Minutes - Draft Page 63 Town Council/BOT Regular Meeting Minutes July 21, 2026 Page 2 B.INVOCATION AND PLEDGES OF ALLEGIANCE Pastor Mike Banas, Milestone Church, Keller, provided the invocation. Mayor Greaves led the Pledges. C.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 Communications Director Jon Sasser reported on upcoming events of interest and recent community events, including the Military Heroes Run, Saturday, August 15th at 7 am. Town Hall/Court closed in observance of Labor Day on Monday, September 7th, and Giving Day on September 17th. A recap of the recent flag planting for the July 4th holiday noted that 3,400 flags were placed by over 60 volunteers. D.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 speaker to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council/Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not staff to review the matter, or an item may be noticed on a future agenda for deliberation or There was no one to speak at that time. TOWN COUNCIL AGENDA ITEMS E.REPORTS AND UPDATES E.1. Informational update and progress report for the Westlake Academy Arts and Sciences Building Expansion Project. Project Manager Jason Oliver provided a monthly update on the status of the Westlake Academy Arts and Sciences Addition construction project. 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 Mayor Greaves asked if there were any items to be removed from the Consent Agenda? There were none. Page 64 Town Council/BOT Regular Meeting Minutes July 21, 2026 Page 3 F.1. Approve the June 25, 2026 Town Council/Board of Trustees Regular Meeting Minutes. F.2. Discuss, consider and act regarding Resolution 26-20 approving a Landscape Maintenance Responsibility Transfer Agreement between the Town of Westlake (Town) and the Solana Property Maintenance Association (Association), to transfer the Town's operational and maintenance responsibilities for the Solana Irrigation Project located on SH 114 between coordinates 32.981381, -97.168760 and 32.982247, -97.166703 as depicted in attachment "Exhibit A", to the Association, and F.3. Maintenance Agreement with the Texas Department of Transportation for landscape improvements, including, but not limited to, the installation of trees, shrubs, and turf plantings; irrigation systems; and other aesthetic elements for areas within the right- of- Motion by Council Member Gautier and Motion Second by Council Member Smith to approve the Consent Agenda. Mayor Greaves called for the Vote. Motion approved unanimously. At this time Mayor Greaves directed the meeting to H.1. G.BOARDS AND COMMISSIONS G. Boards and Commissions was considered immediately after Executive Session. G.1. Discuss, consider and act regarding Resolution 26-22 to appoint and reappoint applicants to serve as board members of the Planning and Zoning Commission and Motion by Mayor Pro Tem Reeves and Motion Second by Council Member Yackira to appoint and reappoint the following individuals to serve on the Planning and Zoning Commission: Place 1 Dahlia Hassani thru June 2028; Place 2 Terry Wilkinson thru June 2027; Place 3 Nizar Didarali thru June 2028; Place 4 Jack Richards thru June 2027; Place 5 Lanny Huggins thru June 2028; Place 6 Jennifer Konz-Alt thru June 2027; and Place 7 Scott Montopoli thru June 2028. Mayor Greaves called for the vote. Motion approved unanimously. Motion by Council Member Yackira and Motion Second by Mayor Pro Tem Reeves to reappoint the following individuals to serve on the Texas Student Housing Authority Board of Directors: Thru June 2028: Scott Bradley, James Krekow, Richard Mueller and Katherine Kear. Thru June 2027: Paula Peterson and Mark Harrow. June 2027. Mayor Greaves called for the vote. Motion approved unanimously. G.2. Discuss, consider and act to Appoint the Planning and Zoning Commission Chair and Vice-Chair thru June 2027. Page 65 Town Council/BOT Regular Meeting Minutes July 21, 2026 Page 4 Mayor Greaves appointed Planning and Zoning Commissioner Terry Wilkinson as the Planning and Zoning Commission Chairman through June 2027. Mayor Greaes appointed Planning and Zoning Commissioner Lanny Huggins as Planning and Zoning Commission Vice Chai through June 2027. H.REGULAR AGENDA ITEMS H.1. Discuss, consider and act regarding Resolution 26-18 awarding the project for the installation of the Westlake Pump Station Generator and approving a construction Public Works Director Kyle Flanagan provided an overview of the request to award the contract for the pump station generator to CF McDonald Electric Inc. for the amount not to exceed $289,268 which includes $30,000 for contingency funds. The project is e take advantage of lower water demand during the electrical connection phase. Motion by Mayor Pro Tem Reeves and Motion Second by Council Member Yackira to approve Resolution 26-18 as presented. Mayor Greaves called for the vote. Motion approved unanimoulsy. H.2. Discuss, consider and act to excuse Mayor and Council absences, if any. Motion by Council Member Duane and Motion Second by Council Member Yackira to approve excusing the June 25, 2026 absence of Mayor Pro Tem Reeves. Mayor Greaves called for the vote. Motion approved unanimously. At this time, Mayor Greaves announced Item L. Executive Session and called Items L1., L.2, L.3., and L.4. He then recessed the Regular Meeting to Executive Session at 4:15 p.m. 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 Town Secretary prior to the start of the meeting. Individual 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 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, There was no one present to speak at this time. J.REPORTS AND UPDATES J.1. Update on the WA technology transition to Technology Lab. WA Director of Innovation and Development provided an overview of the information technology services transition to Technology Lab, noting that +/- 1,350 technology pieces were rolled over before the summer break. There is a new education-specific mobile device management system and AT&T internet contract utilizing E-Rate which will result in a 30% to 40% savings. A new firewall is soon to be installed, and the phone system is changing to a less expensive service. However, telephone numbers will remain the same.Also planned future improvements include optimizing Wi-Fi access points on campus and transition HVAC controllers to web control. J.2. Update on the WA finance transition to Charter Impact. Page 66 Town Council/BOT Regular Meeting Minutes July 21, 2026 Page 5 WA Director of Innovation and Development provided an overview of the financial services transition to Charter Impact.The new AP system allows for real-time budget visibility. The payroll transition has been challenging and the goal is for Charter Impact to fully take it over by August. K.REGULAR AGENDA ITEMS K.1. Consider and act to approve WA Resolution 26-15 approving the Westlake Academy Amended Operating Budget for Fiscal Year Ending June 30, 2026. Finance Director Cayce Lay Lamas provided an overview of the item which is the last official action by the Board for the Westlake Academy's FYE June 30, 2026 Operating Budget. Motion by Council Member Yackira and Motion Second by Council Member Gautier to approve WA Resolution 26-15 as presented. Mayor Greaves called for the vote. Motion approved unanimously. K.2. Consider and act to approve WA Resolution 26-20 amending the Westlake Academy Operating Budget for Fiscal Year Ending June 30, 2027 to include a two percent (2%) Head of School Dr. Ritchie provided an overview of the request to provide a 1.8% cost of living adjustment (COLA) for employees. Motion by Council Member Yackira and Motion Second by Council Member Smith to approve WA Resolution 26-20 approving a 1.8% COLA adjustment. Mayor Greaves called for the vote. Motion approved unanimously. K.3. Discuss, consider and act regarding WA Resolution 26-19 approving amendments to the WA School Year 26-27 Compensation Schedule. Finance Director Sandy Garza provided the overview of the item. Motion by Council Member Gautier and Motion Second by Council Member Yackira to approve WA Resolution 26-19 as presented. Motion approved unanimously. 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 L.1. Section 551.071: Consultation with Academy Attorney to receive legal advice regarding Memorandum of Understanding between Westlake Academy and the L.2. Section 551.071: Consultation with Town Attorney to receive legal advice regarding Economic Development Project ED 2026-01. L.3. Section 551.071: Consultation with Town Attorney--To receive legal advice regarding pending or contemplated litigation and/or settlement offers associated with: (a) Entrada Public Improvement District L.4. Section 551.074(1) Deliberation regarding Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or Mayor Greaves reconvened the Regular Meeting from Executive Session at 6:08 p.m. and directed the meeting to Item G. M.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS Page 67 Town Council/BOT Regular Meeting Minutes July 21, 2026 Page 6 There was no action as a result of Executive Session which was heard earlier in the meeting. N.FUTURE AGENDA ITEMS Items for Future Agendas mentioned by Mayor Greaves were a Memorandum of Understanding between the Town and the Academy to formalize facility management and clarify "who pays for what" regarding building maintenance; development of a formal Donation Policy of a group to formalize annual performance reviews for the Town Manager and the Head of School, including form selections for same. O.STAFF RECAP OF TOWN COUNCIL/BOARD DIRECTIONS RECEIVED Town Manager Wade Carroll recapped the items including the Council's request to include debt ratios in future budget presentations and emailing staff turnover data to Council members. The Mayor requested the development of elevator speeches . P.ADJOURNMENT Mayor Greaves adjourned the meeting at 6:45 p.m. TAXPAYER IMPACT STATEMENT The following information is required under Texas Code §551.043(c)(2). The property tax bill of a median- Appraisal District, is $4,286.14, calculated as follows: Median value of a homestead property for Tax Year 2024 ($2,553,100) x Adopted property tax rate for Tax Year 2024 ($0.16788) / 100 The property tax bill of a median-valued homestead property for the upcoming fiscal year, as provided by Tarrant Appraisal District, is $4,892.88, calculated as follows: Median value of a homestead property for Tax Year 2025 ($2,644,800) x Proposed property tax rate for Tax Year 2025 ($0.18500) / 100 The property tax bill of a median-valued homestead property for the upcoming fiscal year, as provided by Tarrant Appraisal District, using the no-new-revenue rate, as calculated by Tax Assessor-Collector for Tarrant County, is $4,734.99, calculated as follows: Median value of a homestead property for Tax Year 2025 ($2,644,800) x No-new-revenue property tax rate _______________________________________________________________________ Kim Greaves, Mayor and Board President ATTEST: ______________________________ Dianna Buchanan, Town Secretary As approved by the Town Council/Board of Trustees at the Regular Meeting held August 18, 2026. Page 68 DATE: August 18, 2026 AGENDA ITEM NO: H.4. FROM: Cayce Lay Lamas, Finance Director; Jason Oliver, Project Manager, Town Manager's Office SUBJECT: Act to ratify UES Contract for third party testing during tthe construction phase of the Westlake Academy Arts & Sciences Building Project. ATTACHMENTS: 1.UES 118902-1 SUMMARY : Council is being asked to ratify the existing UES contract for third party testing during the construction phase of the Project. This contract grants UES up to $62,431.00 in testing services during construction. BACKGROUND AND DISCUSSION: This item is before council for ratification as the contracted amount is larger than $50,000. The attached contract grants UES up to $62,431.00 in testing services during the construction of the new Arts and Sciences Addition Project. truction phase of the project. This third FISCAL IMPACT LEGAL REVIEW: RECOMMENDATION: ACTION OPTIONS: Town Council/Board of Trustees AGENDA ITEM REPORT Page 69 Environmental Geotechnical Engineering Materials Testing Field Inspections Code Compliance Geophysical Technologies Kelly Ritchie Westlake Academy 2600 JT Ottinger Road Westlake,Texas,76262 Re:UES Proposal No. 118902 Construction Materials Testing Westlake Academy Arts and Sciences Addition -Preliminary Westlake, Texas Dear Kelly Ritchie: UES Professional Solutions 44, LLC (UES), is pleased to submit this proposal for providing Construction Materials Testing (CMT) and related quality control services for the referenced project. UES has integrated the resources to form the largest geotechnical engineering, materials testing, special inspection and environmental services firm in the North Texas region. Our personnel and equipment resources are unmatched and we have the experienced staff to perform the necessary CMT services in accordance with the project requirements. In the Dallas/ Fort Worth area, UES meets the requirements of ASTM E329. We also participate in Cement and Concrete Reference Laboratory (CCRL) and AASHTO re:source proficiency sampling programs. For the purpose of this proposal, we have estimated quantities and tests per our experience, with the information provided. The actual costs for CMT services can decrease or increase with changes in the scope of work and are heavily dependent on the contractor’s work methods, production, and sequencing. This is only an estimate for budgetary purposes and UES’s total fee will be based on the actual amount of time and laboratory testing required for the project. These services will be performed on a unit price basis in accordance with the attached Schedule of Services and Fees. UES is willing to re-evaluate our budget once a formal construction schedule is finalized. UES utilizes a proprietary electronic laboratory data management and report generation system. CMT reports prepared in Adobe PDF format are emailed to the Client and their designees. Report turnaround time is typically one day. UES also provides an extranet where CMT reports can be accessed by the Client at any time. CMT reports are automatically posted to our extranet when they are emailed. Our system is designed to provide high quality, real-time information. By execution of this proposal, the undersigned Client acknowledges and agrees that the document entitled “Terms and Conditions” has been provided or made available to Client and Client agrees that such Terms and Conditions shall be applied to the present Proposal and shall be fully binding upon Client. The Terms and Conditions are fully incorporated into this Proposal by reference as if set forth at length. March 3, 2026 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com Page 70 Senior CMT Estimator Sr. VP Construction Material Testing CLIENT APPROVAL ACCOUNTS PAYABLE INFORMATION REPORT DISTRUBUTION EXECUTED BY CLIENT’S AUTHORIZED REPRESENTATIVE:______________________________ (signature) March 3, 2026 We appreciate the opportunity to submit this proposal for CMT services and look forward to working with you during the construction phase of this project. If there are any questions concerning this proposal or if we can be of further assistance, please contact us at your convenience. Respectfully submitted, UES Kshitij KC Consultant offers the CLIENT the Letter of Authorization as described above. CLIENT may accept Consultant’s offer by signing in the space provided below and returning a signed copy to Consultant. Such notification may be given by returning the original letter of authorization. In the event the CLIENT authorizes work without returning a signed copy, the CLIENT agrees to be bound by the terms and conditions as stated herein. The letter of authorization described above has been read, understood, and accepted by CLIENT effective as of the date that the executed letter of authorization is returned to Consultant. Balaji B. Iyer, P.E. Printed Name: __________________________ Title: ____________________________________ Billing Address: _____________________________________________________________________ Telephone: _________________________ Email: _____________________________________ Date Accepted: _________________________ UES Proposal No. 118902 CLIENT Business Name: ______________________________________________________________ Project County: ____________________ A/P Contact Name: ____________________________ A/P Contact Telephone: __________________ Property Owners Name:________________________________________________________________ Address:____________________________________________________________________________ Project Legal Description: ______________________________________________________________ *A/P Contact Email: __________________________________________________________________ *A/P Contact Email must be provided before UES can proceed with its proposed services Name: _______________________________ Email: __________________________________ Name: _______________________________ Email: __________________________________ Name: _______________________________ Email: __________________________________ Name: _______________________________ Email: __________________________________ 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 2 Page 71 Estimated Unit Estimated DESCRIPTION Quantity Rate Total EARTHWORK (IBC 1705.6 Continous) AND UTILITIES Density Testing /Hour 114.00 $49.00 $5,586.00 Density Testing (ot) /Hour 7.00 $73.50 $514.50 Nuclear Density Gauge/Trip 11.00 $120.00 $1,320.00 Atterberg Limit Test/Each 4.00 $85.00 $340.00 Proctor #/Each 4.00 $225.00 $900.00 -200 Sieve/Each 4.00 $80.00 $320.00 Free Swell Test/Each 9.00 $100.00 $900.00 Vehicle Trip Charge/Trip 13.00 $75.00 $975.00 Project Management and Report Review/Hour 18.00 $95.00 $1,710.00 Administrative Services/Hour 5.00 $65.00 $325.00 EARTHWORK (EXISTING FILL MITIGATION) (IBC 1705.6 Continous) Density Testing /Hour 22.00 $49.00 $1,078.00 Nuclear Density Gauge/Trip 5.00 $120.00 $600.00 Vehicle Trip Charge/Trip 6.00 $75.00 $450.00 Project Management and Report Review/Hour 4.00 $95.00 $380.00 Administrative Services/Hour 1.00 $65.00 $65.00 AUGERCAST PILE INSPECTION MONITORING (INCLUDES GROUT-CUBES) (IBC 1705.8 Continous) Pile Monitoring/Hour 70.00 $75.00 $5,250.00 Pile Monitoring (ot)/Hour 7.00 $112.50 $787.50 Grout-Cubes Comp. Test/Each 42.00 $25.00 $1,050.00 Material Pickup/Hour 5.00 $49.00 $245.00 Initial Static Compression Load Test Monitoring & Reporting / Each 1.00 $6,500.00 6,500.00 Additional Static Compression Load Test Monitoring & Reporting / Each TBD $3,500.00 TBD ACP Pit Testing (up to 8 pile per day)/Day 2.00 $3,500.00 7,000.00 P.E. Summary Letter/LS 1.00 $4,100.00 4,100.00 Vehicle Trip Charge/Trip 7.00 $75.00 $525.00 Pile Start/Ls 1.00 $1,000.00 $1,000.00 Project Management and Report Review 42.00 $95.00 $3,990.00 Administrative Services/Hour 11.00 $65.00 $715.00 CONCRETE TESTING (IBC 1705.3 Periodic) Prepour Monitoring/Hour 8.00 $49.00 $392.00 Concrete-Testing/Hour 90.00 $49.00 $4,410.00 Concrete-Testing (ot)/Hour 8.00 $73.50 $588.00 Concrete Comp. Test/Each 100.00 $25.00 $2,500.00 Vehicle Trip Charge/Trip 23.00 $75.00 $1,725.00 Project Management and Report Review/Hour 16.00 $95.00 $1,520.00 Administrative Services/Hour 4.00 $65.00 $260.00 Project Name: Westlake Academy Arts and Sciences Addition -Preliminary; Westlake, Texas Construction Materials Engineering and Testing UES Proposal No. 118902 UES Basic Services and Cost Estimate March 3, 2026 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 3 Page 72 STRUCTURAL STEEL (IBC 1705.2 Periodic) Structural Steel Inspection/Hour 22.00 $95.00 $2,090.00 Vehicle Trip Charge/Trip 5.00 $75.00 $375.00 Project Management and Report Review/Hour 4.00 $95.00 $380.00 Administrative Services/Hour 1.00 $65.00 $65.00 PROJECT SUMMARY LETTER Project Summary Letter/Ls 1.00 $1,500.00 $1,500.00 ESTIMATED BUDGET $62,431.00 UES Proposal No. 118902 *We understand UES has been selected to provide services for this project based solely on our qualifications, and that the Client is negotiating work scope and fee only with UES at this time. *Should UES Professional Solutions 44, LLC be awarded the testing for the above referenced project, it is requested that a complete set of approved plans and specifications be forwarded to this office along with the signed authorization to proceed. 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 4 Page 73 OPTIONAL-PIER INSPECTION MONITORING (INCLUDES CONCRETE) (IBC 1705.8 Continous) Pier Monitoring/Hour 220.00 $75.00 $16,500.00 Pier Monitoring (ot)/Hour 22.00 $112.50 $2,475.00 Concrete Comp. Test/Each 110.00 $25.00 $2,750.00 Cylinder Pickup/Hour 11.00 $49.00 $539.00 Vehicle Trip Charge/Trip 22.00 $75.00 $1,650.00 Pier Start/Ls 1.00 $500.00 $500.00 Project Management and Report Review/Hour 39.00 $95.00 $3,705.00 Administrative Services/Hour 10.00 $65.00 $650.00 ESTIMATED BUDGET FOR ALTERNATIVE OPTION $28,769.00 UES Proposal No. 118902 ALTERNATIVE OPTION (Straight Shaft Drilled Piers in Lieu of ACP) 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 5 Page 74 OPTIONAL-CONCRETE TESTING Floor Flatness (Minimum Charge)/Min 1.00 $650.00 $650.00 Batch Plant Inspection/Hour 28.00 $49.00 $1,372.00 OPTIONAL-STRUCTURAL STEEL (Shop Inspection (IBC 1705.2 Periodic) Fabrication Shop Monitoring/Hour 16.00 $75.00 $1,200.00 Ultrasonic Testing/Hour 8.00 $125.00 $1,000.00 Equipment Charge/Day 2.00 $125.00 $250.00 OPTIONAL-SPRAYED-ON FIREPROOFING & INTUMESCENT PAINT (IBC 1705.14 Periodic) Fireproofing/Hour 28.00 $75.00 $2,100.00 Lab Density Testing/Each 9.00 $55.00 $495.00 Adhesion/Cohesion Testing/Each 3.00 $55.00 $165.00 Vehicle Trip Charge/Trip 6.00 $75.00 $450.00 Project Management and Report Review/Hour 6.00 $95.00 $570.00 Administrative Services/Hour 2.00 $65.00 $130.00 OPTIONAL-FIRESTOPPING - JOINT SEALANT (IBC 1707.17 Periodic) Firestopping & Joint Sealant Inspection/Hour 14.00 $75.00 $1,050.00 Adhesion/Cohesion Testing/Each 3.00 $55.00 $165.00 Vehicle Trip Charge/Trip 3.00 $75.00 $225.00 Project Management and Report Review/Hour 3.00 $95.00 $285.00 Administrative Services/Hour 1.00 $65.00 $65.00 OPTIONAL-WOOD FRAMING OBSERVATION AND REPORTING Wood Framing Observation/Hour 9.00 $65.00 $585.00 Vehicle Trip Charge/Trip 2.00 $75.00 $150.00 Project Management and Report Review/Hour 2.00 $95.00 $190.00 Administrative Services/Hour 1.00 $65.00 $65.00 OPTIONAL-COLD FORMED FRAMING OBSERVATION AND REPORTING (IBC 1705.2 Periodic) CFMF Inspection/Hour 14.00 $95.00 $1,330.00 Vehicle Trip Charge/Trip 3.00 $75.00 $225.00 Project Management and Report Review/Hour 3.00 $95.00 $285.00 Administrative Services/Hour 1.00 $65.00 $65.00 CONTRACTOR QUALITY CONTROL PLAN Senior QC Observer/Day (Includes $125/hr observation, Travel, Reporting)TBD $1,075.00 TBD AM Quality Technician/Day (Includes $71/hr observation, Travel, Reporting)TBD $927.00 TBD PM Quality Technician/Day (Includes $95/hr observation, Travel, Reporting)TBD $1,035.00 TBD Summary Letter & Closing Binder/LS (UES standard format; customization billed extra)1.00 $7,500.00 $7,500.00 OPTIONAL-EXTERIOR INSULATION AND FINISHING SYSTEM AND WATER SPRAY AND PENETRATION TEST ESTIMATED BUDGET FOR ADDITIVE OPTION $20,567.00 UES Proposal No. 118902 ADDITIVE OPTION ***Note: 4 hour cancellation charge will be applicable. *Overtime rates will be applicable for services performed on Saturdays and Sundays and billed at 1.5 times the daily rate . Services performed on holidays will be billed at 2.0 times the regular hourly rate. Note: To be provided upon request. 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 6 Page 75 Project Description 1. 1. Earthwork 1. 2. 3. Utilities 1. 2. 3. Concrete 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. 1. 2. 3. Paving: 1 density test for every 5,000 square feet and 6 inch lift. It is our understanding that Westlake Academy Arts and Sciences Additions is to be constructed at 2600 J.T. Ottinger Rd in Westlake, Texas. We understand that water lines, sanitary sewers, and storm drains will be installed at the proposed development. It is anticipated that augercast piles/drilled straight shaft piers foundation with structurally suspended slab on void will be utilized to support the given structures. Building Structures: 1 density test for every 2,500 square feet and 6 inch lift. The enclosed budget allows up to 9 inspection days to perform field density testing on the sub-grade and fill materials being placed. UES has assumed monitoring to be performed on an average, 8 hours per day basis, during these tasks. This duration could vary, up or down, depending on the schedule and production of the earthwork contractor. The enclosed budget allows up to 4 inspection days to monitor onsite earthwork relating to utility trench backfill. UES has assumed that an engineering technician could be required on-site for about 27 hours during these tasks. In addition, the technician could obtain approximately 1 soil sample for laboratory proctor analysis. This duration could vary, up or down, depending on the schedule and production of the contractor. Stand-alone cylinder pickups are assumed to be required on all concrete pours. Utilities: 1 density test per 6-inch lift per 300 LF. Paving: 1 set of 5 test cylinders every 100 cubic yards. Building Structure: 1 set of 5 test cylinders every 100 cubic yards. Concrete cylinders will be cast at a minimum rate of 5 cylinders per mix per day or one set of 5 cylinders per mix per 100 CY, whichever is greater, on all pours. The enclosed budget allows up to 23 inspection days to monitor concrete placement and testing. UES has assumed that an engineering technician could be required on-site for about 91 hours during these tasks. In addition, the technician would be on-site to mold approximately 100 test cylinders. This duration could vary, up or down, depending on the schedule and production of the contractor. Trench backfill for utilities should be properly placed and compacted in accordance with requirements of local City standards. Structural Steel Enclosed budget allows up to 5 inspection days to complete all visual inspections within the building. UES has assumed monitoring to be performed on an average, 4 hour per day basis, during this task. Structural steel inspections will consist of visual inspection of welds and bolted connections. Structural Steel: 1 trip every 5,000 square feet. Enclosed budget is based on bid tab dated: 03/03/2026, civil plans dated: 01/20/2026, structural plans dated: 01/20/2026, addendum #1 dated: 02/06/2026, addendum #2 dated: 02/12/2026, geotechnical report dated: 10/13/2025 by UES. Construction Documents PROPOSAL ASSUMPTIONS AND BASIS FOR ESTIMATE Proposal No. Westlake Academy Arts and Sciences Addition -Preliminary; Westlake, TexasProject Name 118902 Static compression load testing will be performed as a Quick Load Test in accordance with ASTM D1143. Pricing for alternate load test methods can be provided upon request. Value Engineering (VE) evaluation can be provided upon request Enclosed budget assumes quantity of augercast piles is 64 for the building, with installation to be completed in not more than 7 days, 10 hour workdays. Grout will be cast at a rate of one set of 5 grout-cubes per day. ACP Pit Testing is based on a standard for up to 8 piles per day Augercast Pile Inspection 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 7 Page 76 General 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. For projects with new clients, written authorization must be received prior to the start of work and payments must be received before any reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to the site to perform the work. Work performed over 8 hours portal to portal, before 7 a.m. and after 5 p.m., and weekend time, will be considered overtime work and will be billed at a rate of 1.5 times the appropriate hourly rate in addition to any applicable test fees. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or work stoppage will commence on the 4th day and continue until signed authorization is received in our office. Field testing services will be provided on an “as requested” basis when scheduled by your representative. A minimum of 24 hours notice is required to properly schedule our services. To schedule our services please contact our dispatcher at 817-507-0546 during our office hours from 7:00 AM to 5:00 PM. UES shall not be held responsible for tests not performed as a result of a failure to schedule our services or any subsequent damage caused as a result of a lack of testing. During the time of this cost estimate no construction schedule was available for estimating purposes. The construction schedule is a critical item in determining a precise cost estimate for construction materials testing. In lieu of a defined construction schedule UES will estimate the project based on comparable project production rates and typical industry standards. UES is willing to re-evaluate our budget once a formal construction schedule is finalized. UES requests that Client arranges for a coordination/scheduling meeting at the onset of each major work task (e.g., Earthwork - Buildings, Foundations, Concrete - Buildings) to verify testing and inspection scope, schedule, and assumptions. Project Engineering services on materials engineering and testing, for consultation, analysis, report preparation and review, and supervision and scheduling of field and laboratory personnel will be charged on a “per report” basis. Measurement uncertainty is not taken into account by UES when issuing statements of conformity as to whether tested items pass or fail specified values (ISO 17025-17, 7.1.3). The contractor shall be responsible for providing a protected storage container for concrete cylinders at a point on the job site mutually agreeable with UES for the purpose of storing concrete cylinders until they are transported to the Laboratory. The container shall be constructed and equipped to maintain the environment specified for initial curing in ASTM C31 (section 10.1.2). All time is for a minimum of four hours or as noted and is charged Portal to Portal from UES’s Fort Worth offices. Overtime rates will be applicable for services performed in excess of 8 hours per day and on Saturdays and Sundays. Services performed on holidays will be billed at 2.0 times the regular hourly rate. Estimate is valid for 90 days from the proposal date shown above. UES utilizes a proprietary electronic laboratory data management and report generation system. CMT reports prepared in Adobe PDF format are emailed to the Client and their designees. UES also provides an extranet where CMT reports can be accessed by the Client at any time. CMT reports are automatically posted to our extranet when they are emailed. Project Name Westlake Academy Arts and Sciences Addition -Preliminary; Westlake, Texas PROPOSAL ASSUMPTIONS AND BASIS FOR ESTIMATE Proposal No.118902 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 8 Page 77 GENERAL TERMS AND CONDITIONS SECTION 1: BINDING AGREEMENT 1.1 By accepting the Proposal, Client accepts and agrees to be bound by all terms set forth in the Proposal and these General Terms and Conditions and any applicable addendum attached hereto. Client acknowledges and agrees that these General Terms and Conditions include certain state-specific terms and conditions that are applicable based on the location where the Services (as hereinafter defined) are to be performed. Attached hereto are State-Specific Addenda, each corresponding to a particular state or region. 1.2 If the Services are performed in Forida, Texas, California, Nevada, Oregon, Washington or Arizona, the State-Specific Addendum attached hereto is incorporated into and made a part of these General Terms and Conditions. 1.3 In the event of any conflict between these General Terms and Conditions and the terms of the applicable State-Specific Addendum, the terms of the State-Specific Addendum shall govern and control for Services performed in that state or region. 1.4 The Proposal and these General Terms and Conditions (collectively, the “Agreement”) represent and contain the entire and only agreement and understanding among UES Professional Solutions, LLC, a Florida limited liability company and its affiliates (the “Company”) and Client with respect to the subject matter of this Agreement and supersede any and all prior and contemporaneous oral and written agreements, understandings, representations, inducements, promises, warranties, and conditions among the parties. SECTION 2: SERVICES 2.1 The Company is responsible for providing the services described under the Scope of Services (“Services”) of the Proposal to which these General Terms and Conditions form a part. The term "the Company" as used herein includes all the Company’s agents, employees, professional staff, and subcontractors. 2.2 The Company shall provide revised or additional services, including changes to the Services necessary due to changed or unforeseen conditions, only in accordance with a written addendum or change order (collectively, “Change Order”) to the Agreement agreed to by the Company and Client, and only to the extent set forth in that Change Order. 2.3 The Company shall not be responsible for any delays, fees or costs associated with adverse or unusual weather conditions that prevent the Services from being safely conducted. 2.4 The Company shall provide the personnel, equipment, Level D personal protective equipment (as defined by the Occupational Safety and Health Administration (“OSHA”), and other materials necessary to provide the Services. The Company, at its sole discretion, may retain subcontractors or other third parties to assist it in the provision of the Services. 2.5 The terms “Project” and “Site” as used interchangeably in these General Terms and Conditions refer to the land and/or construction project on which or to which the Company is to provide Services under this Agreement. 2.6 The Company shall perform all Services hereunder as an independent contractor, and nothing contained herein shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant, or employer and employee between the parties hereto or any affiliates or subsidiaries thereof, or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. SECTION 3: PROFESSIONAL STANDARD OF CARE 3.1 The Company will provide its Services under this Agreement in a manner consistent with the level of professional care and skill ordinarily exercised by similar professionals practicing contemporaneously under similar conditions in the locality of the Project. NO OTHER WARRANTY CONCERNING THE SERVICES THE COMPANY PROVIDES UNDER THE AGREEMENT OR ANY ADDENDUM OR CHANGE ORDER, EXPRESS OR IMPLIED, IS MADE, AND ALL OTHER WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. 3.2 Client understands that subsurface investigations may involve drilling, boring, excavating or sampling through varied subsurface soil and water strata which, consistent with the prevailing standard of professional care, may result in the unavoidable or inadvertent cross-mingling of soil and water and any hazardous substances or constituents contained in them, and that this risk cannot be eliminated despite the exercise of professional care. IF SUBSURFACE INVESTIGATIONS ARE PART OF THE SERVICES, CLIENT WAIVES ANY CLAIM AGAINST THE COMPANY, AND SHALL INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM ANY CLAIM OR LIABILITY FOR INJURY OR LOSS ARISING FROM CROSS-CONTAMINATION RELATED TO SUCH SUBSURFACE EXPLORATIONS. 3.3 The Company will take reasonable precautions to minimize damage to the Site, but it is understood by Client that, in the normal course of the provision of the Services, including sampling or drilling, some damage to, or alteration of the Site is possible. The repair of such damage shall not be part of the Services unless explicitly specified in writing in the Agreement. 3.4 Execution and delivery of this Agreement by the Company is not a representation that the Company has visited the site, become generally familiar with local conditions under which the work is to be performed, or correlated personal observations with the requirements of the Scope of Services. 3.5 Client’s payment in full of the amount owed for Services rendered shall be taken to mean that Client is satisfied with and has accepted the Company’s Services. SECTION 4: RESPONSIBILITIES 4.1 Client is responsible for providing the Company with a clear understanding of the project’s nature and scope. Client shall supply the Company with sufficient and adequate information, including, but not limited to, maps, site plans, reports, surveys, plans and specifications, and designs, to allow the Company to properly complete the Services. Client assumes all liability for information not provided to the Company that may affect the quality or sufficiency of the Services. 4.2 Client acknowledges that the Company’s responsibilities in providing the Services is limited to those services described in the Proposal, and the Client hereby assumes any collateral or affiliated duties necessitated by or for those Services. Such duties may include, but are not limited to, the provision of any required notices to any third party, or the securing of necessary permits or permissions from any third parties required for the Company’s provision of the Services. SECTION 5: SITE ACCESS AND SITE CONDITION 5.1 Client will grant or obtain at its expense lawful and safe access to the Site as needed for the Company to perform the Services and will notify all affected persons and entities in writing of the Company’s presence. The access shall be adequate to allow the Company to conduct the Services, including bringing and storing equipment and tools on the Site and any necessary access to exterior and interior areas. The Company shall not be responsible for any delays, fees or costs caused by delayed or restricted access that prevents or slows the delivery of the Services. If the Site is not owned or operated by Client or the Client does not otherwise have the authority to grant the Company lawful access, Client shall be responsible for obtaining, at its own expense, an access agreement for the Site and any facilities located thereon and are necessary to perform the Services. The Company reserves the right to delay, without penalty, any Site visit and the provision of Services if a site access agreement, in the Company’s reasonable judgment and discretion, would impose conditions, liabilities or risks on the Company in excess of those set forth in these General Terms and Conditions or the Agreement. IF THE SITE IS NOT OWNED BY CLIENT, CLIENT AGREES TO DEFEND, RELEASE, AND HOLD THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES AND SUCCESSORS (THE “COMPANY INDEMNITEES”) HARMLESS FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITIES ALLEGED BY THE SITE OWNER OR THE SITE OWNER’S EMPLOYEES, AGENTS, CONTRACTORS OR OTHER PERSONS OR ENTITIES ARISING FROM THE COMPANY’S PERFORMANCE OF SERVICES AT SUCH SITE. 5.2 Client shall be responsible for the safety of the Site where the Project is conducted and for providing a safe environment for the Company to provide the Services. The Company shall be responsible for the safe and compliant conduct of its personnel at the Site and shall also comply with the reasonable and lawful work rules for the Site. As required by applicable laws, the Company will prepare a site-specific Health and Safety Plan (HASP) applicable to its personnel for the Services provided at the Site. The Company shall not be responsible for the safety of other personnel at the Site, nor shall it be responsible for ensuring that the Site complies with environmental, health and safety laws, or reporting any unsafe conduct or non- compliance that it may observe. If the Company encounters conditions at the Site that are unsafe for its personnel, it reserves the right at its sole discretion to suspend or halt work until such conditions are cured. The Company shall not be responsible for any fees, costs or damages associated with any safety-related delays. Unless otherwise provided for in the Agreement, the Company shall not work in conditions that require personal protective equipment beyond that classified as Level D by OSHA, unless otherwise identified in the Proposal. 5.3 Client is responsible for accurately identifying to the Company in writing the existence and location of all subterranean structures and utilities on or affecting the Site and the Services. The Company will take reasonable precautions to avoid affecting subterranean structures and utilities disclosed to it in writing by Client. If included in the Agreement, Client may authorize the Company to conduct applicable private utility identification and clearance requirements on behalf of Client. 5.4 Unless otherwise stated in the Proposal, any soil or groundwater monitoring activities that are included in the Services are based on the assumption that soil borings and monitoring wells can be installed using standard truck-mounted drilling equipment, the locations are accessible to such equipment, and that surface conditions at each location consists of non- reinforced asphalt or concrete not exceeding six (6) inches in thickness and no concrete or asphalt cutting will be required. If the Company encounters materially different conditions at the Site, the Company shall inform Client, and a Change Order shall be agreed to that addresses any changes in schedule, fees or costs associated with the changed conditions. 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 9 Page 78 SECTION 6: HAZARDOUS SUBSTANCES AND ENVIRONMENTAL CONDITIONS 6.1 Client represents it has informed the Company of all known or suspected Hazardous Substances on, under or near the Site of which it is aware, and that it has provided the Company with all studies, reports, investigations, or similar documents in its possession about the environmental conditions at the Site, including any documents and correspondence involving Federal, State or local environmental, health or safety regulatory notifications. 6.2 For purposes of the Agreement and these General Terms and Conditions, the term “Hazardous Substances” includes materials defined or regulated as hazardous substances, hazardous materials, hazardous wastes, hazardous constituents, solid wastes, pollutants, or toxic substances under any Federal, State or local environmental, health, safety or natural resources law, statute, regulation or ordinance, including but not limited to petroleum products, polychlorinated biphenyls, per- and polyfluoroalkyl substances, asbestos, and any other material or substance listed or identified by the United States Environmental Protection Agency or any similar State or local agency as presenting a potential danger to health, safety or the environment. 6.3 Except to the extent required by law, the Company shall not be responsible for making any disclosures to governmental agencies or the Site owner regarding the presence or release of Hazardous Substances on, under, from or around a Site. 6.4 FOR ENVIRONMENTAL INVESTIGATION, GEOTECHNICAL AND REMEDIATION PROJECTS, the discovery of Hazardous Substances or other environmental conditions on, under or near the Site not contemplated within the Services may constitute a changed condition, necessitating a Change Order. Although unlikely, Client acknowledges that such a discovery of Hazardous Substances may make it necessary for the Company to take immediate measures to protect the health and safety of its employees and other persons, or to arrange for others to do so, including and up to delaying or terminating work. Client agrees to compensate the Company for all expenses incurred or caused by the discovery of unanticipated Hazardous Substances or environmental conditions encountered at the Site, including but not limited to those related to worker protection and exposure, emergency response actions and equipment decontamination. 6.5 FOR ENVIRONMENTAL INVESTIGATION AND REMEDIATION PROJECTS, all substances on, in, or under Site, or obtained from Site as samples or as byproducts of the sampling process, shall be Client’s property. The Company shall not be required to sign or certify a waste manifest, disposal ticket, or similar document relating to the transportation or disposal of wastes or Hazardous Substances. the Company may serve as Agent for Client if requested under a separate agreement and authorization. Client shall be considered the “generator” of any hazardous or other wastes, as that term is defined in the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. and agrees that it shall assume all duties as “generator” of any waste material associated with the Services. Further, Client agrees that the Company is not a generator, storer, treater, transporter, arranger, or disposer of wastes or Hazardous Substances and shall not be so identified on any document. FOR GEOTECHNICAL PROJECTS, all substances on, in, or under the Site, or obtained from the Site as samples or as byproducts of the sampling process, shall be Client’s property. Unless otherwise expressly specified in the Agreement or the Services, the characterization, management and disposition of substances, including Hazardous Substances, generated during the Services (including, but not limited to, wastes, samples, produced soils or fluids, cuttings, or protective gear or equipment, etc.) is the sole responsibility of Client. Client shall be considered the “generator” of any hazardous or other wastes, as that term is defined in the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. and agrees that it shall assume all duties as “generator” of any waste material associated with the Services. Further, Client agrees that the Company is not and shall not be identified as a generator, storer, treater, transporter, arranger, or disposer of wastes or Hazardous Substances on any document. Unless specifically provided for in the Agreement, the Company shall not have any responsibilities with respect to the storage or preservation of samples, and Client agrees that the Company is not responsible or liable to Client for any loss of samples that are shipped to a testing facility or retained in storage. 6.6 The Company shall not have custody of any monitoring wells or permanent sampling locations installed as part of the Project, and shall not be responsible for proper maintenance, repair, or closure of such wells, unless otherwise provided for in the Agreement. 6.7 CLIENT AGREES TO DEFEND, INDEMNIFY, RELEASE, AND HOLD THE COMPANY INDEMNITEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITIES (INCLUDING ATTORNEY’S FEES AND CONSULTANTS’ FEES, COSTS OF DELAY OF THE SERVICES, AND ANY COSTS ASSOCIATED WITH POSSIBLE REDUCTION TO THE VALUE OF THE PROJECT OR THE SITE IN WHICH IT IS SITUATED) ARISING FROM (I) THE COMPANY’S DISCOVERY OF OR ITS EMPLOYEES’ OR SUBCONTRACTORS’ EXPOSURE TO HAZARDOUS SUBSTANCES OR SUSPECTED SUBSTANCES RELATED TO THE SERVICES, TO THE EXTENT CAUSED BY CLIENT’S NEGLIGENCE ACTS, OMISSIONS OR WILLFUL MISCONDUCT; (II) ANY DISCLOSURES THE COMPANY IS REQUIRED TO MAKE BY LAW REGARDING HAZARDOUS SUBSTANCES OR ENVIRONMENTAL CONDITIONS AT A SITE; (III) ANY CLAIMS MADE ALLEGING THAT (A) THE COMPANY IS AN OWNER OR OPERATOR OF THE SITE AT WHICH THE SERVICES ARE RENDERED; (B) THE COMPANY IS THE GENERATOR, STORER OR TREATER OF HAZARDOUS SUBSTANCES AT SUCH SITE; OR (C) THAT THE COMPANY ARRANGED FOR THE TRANSPORTATION OR DISPOSAL OF ANY HAZARDOUS SUBSTANCES FROM THE SITE; (IV) ANY VIOLATION BY CLIENT OF ANY FEDERAL, STATE OR LOCAL LAW, REGULATION, ORDER, DECREE OR ORDINANCE RELATED TO HAZARDOUS SUBSTANCES; OR (V) ANY CLAIMS MADE BY THIRD- PARTIES WITH RESPECT TO ALLEGED EXPOSURES TO OR DAMAGES CAUSED BY HAZARDOUS SUBSTANCES AT OR FROM THE SITE OR DURING OR RELATED TO ANY PROJECT OR THE PROVISION OF SERVICES, TO THE EXTENT CAUSED BY CLIENT’S NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 7: REVIEWS, INSPECTIONS, TESTING, AND OBSERVATIONS 7.1 If the Services include oversight, monitoring or observation of work being conducted by third parties (other than the Company subcontractors), such Services shall be conducted solely to determine that the work being overseen, monitored, or observed is in general conformity to the contractual requirements between Client and such third parties. Client shall have sole responsibility and authority to reject, suspend or stop the work of such third parties, or modify or terminate any agreement between Client such third parties. 7.2 The Company shall not have the responsibility or authority to stop, suspend, or modify the work of such third parties, and does not guarantee that work it inspects conforms in all respects to the design, or to applicable laws, statutes, regulations, rules or codes, and it shall have no liability for design or construction defects, or the failure of Client’s designers or contractors to comply with their contractual obligations. 7.3 Neither the activities of the Company pursuant to this Agreement, nor the presence of the Company or its employees, representatives, or subcontractors on the Project Site, shall be construed to impose upon the Company any responsibility for means or methods of work performance, superintendence, sequencing of construction, or safety or environmental conditions or compliance at the Project Site. Client acknowledges that Client or its contractor is solely responsible for Project jobsite safety and compliance with environmental, health and safety laws. 7.4 Client is responsible for scheduling all inspections and construction materials testing (“CMT”) activities of the Company. The Company will not be responsible for tests and inspections that it does not perform due to Client’s failure to timely schedule work. Client shall at the time of execution of the Agreement provide the Company with a proposed schedule for tests and inspections the Company shall perform. Client will give reasonable notice of all changes to that schedule. The Company shall not be required to conduct any tests or inspections on less than 72 hours written notice, nor after normal business hours or on weekends or holidays. SECTION 8: BILLING AND PAYMENT 8.1 The Company will submit invoices to Client monthly or upon completion of Services. Invoices will show charges for different personnel and expense classifications. Partially completed items of work for which a fee has been specified may be billed based upon the percentage of completion as estimated by the Company. Reimbursable expenses, those outside of the scope of the proposed Services, will be charged to the Client at cost plus an applicable fee. Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of the lesser of one and one-half percent (1 ½%) per month, or the maximum rate allowed by law, on past due accounts. If the Company incurs any expenses to collect overdue billings on invoices, the sums paid by the Company for reasonable attorneys' fees, court costs, the Company's time, the Company's expenses, and interest will be due and owing by the Client. Client agrees that the Company may refuse to release to Client any reports, findings, data, and other work product until it has been paid in full for Services rendered. 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 10 Page 79 SECTION 9: OWNERSHIP AND USE OF DOCUMENTS; INTELLECTUAL PROPERTY 9.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Company, as instruments of service, shall remain the property of the Company. Neither Client nor any other entity shall change or modify the Company’s instruments of service. The Company disclaims any and all responsibility and liability for problems that may occur during implementation of the Company’s plans, specifications, or recommendations when Company is not retained to observe such implementation. The Company will retain all pertinent records relating to the Services for a period of “five years or such longer period” of time required by applicable accrediting agency, unless specified in the Scope of Services following submission of the report or completion of the Services, during which period the records will be made available to the Client in a reasonable time and manner, subject to payment of a reasonable fee for the time of the Company’s employees to assemble and transmit those documents. 9.2 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Company, are prepared for the sole and exclusive use of Client, and may not be given to any other entity, or used or relied upon by any other entity, without the express written consent of the Company. Such written consent may take the form of a “reliance letter” which must be agreed to by such other person or entity to whom the Services and instruments of service may be disclosed, and for which a separate fee will be charged. The Company shall be entitled to injunctive relief preventing/prohibiting any disclosure, reliance or attribution prohibited hereunder, and CLIENT SHALL RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FROM ANY LOSSES ARISING FROM OR RELATED TO SUCH UNAUTHORIZED DISCLOSURE, ATTRIBUTION OR RELIANCE. Client is the only entity to which the Company owes any duty or duties, in contract or tort, pursuant to or under this Agreement. 9.3 The Company shall retain sole and exclusive ownership of all ideas, concepts, theories, improvements, designs, original works of authorship, formulas, processes, models, software, algorithms, inventions, know-how, techniques, compositions of matter and any other information owned by the Company prior to the date of this Agreement or created or modified by the Company during the provision of the Services. 9.4 Each party may disclose to the other party certain information that it considers to be confidential (“Confidential Information”) provided such information is disclosed in writing and clearly marked or, if orally disclosed, promptly thereafter reduced to writing and clearly marked “Confidential.” In no event shall Confidential Information include information that: (a) is or becomes publicly available other than through a breach of the Agreement; (b) is known to the party receiving such information prior to disclosure or is independently developed by such party subsequent to such disclosure without reference to Confidential Information provided hereunder; or (c) is subsequently lawfully obtained by the party receiving such information from a third party without obligations of confidentiality. Each party agrees that it (a) will not disclose or divulge the other party’s Confidential Information to any person, (b) will not use the other party’s Confidential Information for its own benefit or the benefit of others, (c) will employ at least the same degree of care in protecting Confidential Information as it employs in protecting its own confidential information, and (d) will, upon termination of the Agreement, or at any time at the request of the other party, return to the other party or destroy all copies of the other party’s Confidential Information. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information to its employees, subcontractors and authorized agents who have a need to know such confidential information to fulfill its obligations under this Agreement. In the event a party receives a subpoena or other validly issued administrative or judicial process requesting the disclosure of the other party’s Confidential Information, such party will promptly notify the other party and tender to it the defense of such demand and will cooperate (at the other party’s expense) with the defense of such demand. Unless the demand shall have been timely quashed or extended, the party receiving the demand shall thereafter be entitled to comply with such demand when and to the extent required by law. SECTION 10: RISK ALLOCATION AND INDEMNIFICATION 10.1 CLIENT AGREES THAT THE COMPANY'S LIABILITY FOR ANY DAMAGE ON ACCOUNT OF ANY BREACH OF CONTRACT, ERROR, OMISSION, OR PROFESSIONAL NEGLIGENCE WILL BE LIMITED TO A SUM NOT TO EXCEED THE GREATER OF $50,000 OR THE COMPANY’S FEE. If Client prefers to have higher limits on contractual or professional liability, the Company agrees to increase the limits up to a maximum of (i) $1,000,000.00 upon Client’s written request at the time of accepting the Proposal provided that Client agrees to pay an additional consideration of the greater of five percent of the total fee for Services or $1,000.00, or (ii) . $2,000,000.00 upon Client’s written request at the time of accepting the Proposal provided that Client agrees to pay an additional consideration of the greater of ten percent of the total fee for Services or $2,000.00. The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional contractual or professional liability insurance. 10.2 CLIENT SHALL NOT BE LIABLE TO THE COMPANY AND THE COMPANY SHALL NOT BE LIABLE TO CLIENT FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF USE, AND LOST SAVINGS) INCURRED BY EITHER PARTY DUE TO THE FAULT OF THE OTHER, REGARDLESS OF THE NATURE OF THE FAULT, OR WHETHER IT WAS COMMITTED BY CLIENT OR THE COMPANY, THEIR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; OR WHETHER SUCH LIABILITY ARISES IN BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR ANY OTHER CAUSE OF ACTION. 10.3 As used in this Agreement, the terms “claim” or “claims” mean any claim in contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of contract, breach of warranty, negligent misrepresentation, or any other act giving rise to liability. 10.4 Subject to the provisions of the limitation of liability described in this Section, Client and the Company each agree to indemnify and hold harmless the other party and the other party’s affiliated companies, officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are legally determined to be caused by a negligent act, error, or omission of the indemnifying party or any of the indemnifying party’s officers, directors, members, partners, agents, employees, or subconsultants in the performance of Services. If claims, losses, damages, and judgments are legally determined to be caused by the joint or concurrent negligence of Client and the Company, they shall be borne by each party in proportion to its negligence. 10.5 Notwithstanding any other term or provision in this Agreement, in recognition of the relative risks, rewards and benefits of the work being performed by the Company to both the Client and the Company, the risks have been allocated such that the Client agrees and acknowledged that, to the fullest extent permitted by law, the total liability of the Company to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes of action whatsoever, whether arising out of contract, negligence, strict liability in tort, or warranty, shall not exceed the amount specified in Section 10 of the General Terms and Conditions. SECTION 11: INSURANCE 11.1 The Company represents it has Worker’s Compensation insurance in force, that it has commercial general liability coverage in the amount of $1,000,000.00 per occurrence and has professional liability insurance in the amount of $1,000,000.00 per claim. 11.2 Client shall maintain such insurance as is necessary to fully underwrite Client’s defense and indemnity obligations set forth herein, and shall, upon request by the Company, provide proof to the Company to verify such insurance. SECTION 12: DISPUTE RESOLUTION 12.1 All claims, disputes, and other matters in controversy between the Company and Client arising out of or in any way related to this Agreement or any Addendum or Change Order shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the Company shall not be required to arbitrate any legal and/or equitable claims (including statutory and equitable liens) for collection of monies due. The successful party in any such action will be entitled to recover its reasonable attorneys’ fees, expert witness fees, and other claim-related expenses and court costs incurred, and also the time value at prevailing rates of its employees reasonably incurred in prosecuting or defending the claims, with any claims against the Company subject to the limitations in Section 10. For the purposes hereof, “successful party” shall mean a party who receives an award greater than fifty (50%) percent of its claimed amount. 12.2 The sole and exclusive venue for any dispute resolution proceeding shall be the location in which the Company office performing the Services is located. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company office performing the Services is located. 12.3 Notwithstanding the foregoing, all claims, including for negligence or any other cause whatsoever that the Client has or claims to have against the Company, shall be deemed waived unless (i) Client notifies the Company of the claim or claims within thirty (30) days of discovery thereof, and (ii) if the Client contends that a claim exists against the Company for negligence or another violation of a standard of care owed by the Company, Client has first provided the Company with a written certification executed by an independent design professional currently practicing in the same discipline as the Company. The certification shall: a) identify the name of the professional; b) specify each and every act or omission that the certifier contends is a violation of the standard of care identified in this Agreement; and c) state in complete detail the basis for the certifier’s opinion that each such act or omission constitutes such a violation. This certificate shall be provided to the Company not less than thirty (30) calendar days prior to the institution of any arbitration or judicial proceeding. 12.4 NOTWITHSTANDING THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CLAIM DISCOVERED BY CLIENT MORE THAN ONE YEAR AFTER DELIVERY OF THE LAST ISSUED REPORT BY THE COMPANY FOR THE SERVICES. THE PARTIES AGREE THAT THIS PROVISION IS MATERIAL TO THE DECISION OF THE COMPANY TO ENTER INTO THIS AGREEMENT, THAT IT IS A REASONABLE MEASURE TO ALLOCATE AND INSURE AGAINST RISK, AND THAT IT DOES NOT VIOLATE PUBLIC POLICY. SECTION 13: TERMINATION 13.1 This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or in the case of a force majeure event such as terrorism, act of war, public health or other emergency. Such termination shall not be effective if such substantial failure or force majeure has been remedied before expiration of the period specified in the written notice. In the event of termination, the Company shall be paid for services performed to the termination notice date plus reasonable out of pocket termination expenses incurred or paid by the Company in connection with such termination and the winding down of its operations. 13.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, the Company may complete such analyses and records as are necessary to complete its files and may also complete a report on the Services performed to the date of notice of termination or suspension. The expense of termination or suspension shall include all direct out of pocket costs incurred or paid by the Company in completing such analyses, records, and reports. 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 11 Page 80 SECTION 14: SOLICITATION OF EMPLOYEES 14.1 Client agrees that during the term of the Agreement, and for a period of one (1) year after the last date on which the Company has provided Services, Client shall not, directly or indirectly, solicit or attempt to solicit for employment, or contract directly or indirectly with, any employee of the Company except as authorized in writing by the Company. SECTION 15: ASSIGNS 15.1 Neither Client nor the Company may assign this Agreement or assign or delegate any of its rights or obligations without the prior written consent of the other party. SECTION 16: SURVIVAL If any of the provisions of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired and will survive. Limitations of liability and indemnities will survive termination of this Agreement for the period of all applicable statutes of limitations to which they relate. SECTION 17: MISCELLANEOUS 17.1 This Agreement may not be amended or modified except by an agreement in writing signed by the party against whom the enforcement of any modification or amendment is sought. 17.2 Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of the Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under the Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action. 17.3 The headings in these General Terms and Conditions are for reference only and are not intended to form part of the Agreement between the Parties. 17.4 It is agreed that this Agreement is entered into by the parties for the sole benefit of the parties to the Agreement, and that nothing in the Agreement shall be construed to create a right or benefit for any third party. 17.5 To the extent that a statute of limitations for any cause of action against the Company arising from this Agreement can be modified contractually in accordance with law, and the relevant statute of limitations for any claim arising of or relating to this Agreement, or the Services provided by Company r, is greater than two (2) years, the relevant statute of limitations shall be two (2) years from the date Company last provided Services. The parties agree that this provision is material to the decision of Company to enter into this agreement, that it is a reasonable measure to allocate and insure against risk, and that it does not violate public policy. This section shall not be construed as an agreement to increase the statute of limitations for any causes of action that are otherwise barred by law. 17.6 All future services rendered by the Company at Client's request for the Project described in the Proposal (whether by Change Order, Addendum, or amendment to this Agreement) shall be conducted under the terms of this Agreement. CLIENT APPROVAL In the event the Client authorizes work without returning a signed copy of the Proposal, the Client agrees to be bound by the General Terms and Conditions as stated herein. The Proposal presented has been read, understood, and accepted by the Client effective as of the date that the executed Proposal is returned to the Company. 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 12 Page 81 STATE-SPECIFIC ADDENDUM – TEXAS SECTION 1: ADDENDUM TO AGREEMENT 1.1 This Texas addendum (this “Addendum”) is made and entered into by and between the Company and Client and is effective as of the date of execution of the Agreement if the Services are performed in the State of Texas, and this Addendum is incorporated into and made a part of the General Terms and Conditions solely with respect to the Services covered by this Addendum. SECTION 2: BILLING AND PAYMENT 2.1 The fees and charges reflected in the Company’s proposal for services are exclusive of any sales, use, personal property, value added and goods/services taxes. Where applicable, such taxes shall appear as a separate item on the Company’s invoice and Client shall be liable for the payment of such taxes to the Company. Notwithstanding the foregoing, Client shall not be responsible for any foreign, federal, state, or local taxes based on the Company’s net income or receipts, or such other taxes based on the Company doing business in any particular jurisdiction. SECTION 3: INDEMNITY 3.1 IN ADDITION TO AND NOTWITHSTANDING ANY OTHER PROVISION IN THESE GENERAL CONDITIONS, CLIENT AGREES, TO THE FULLEST EXTENT PROVIDED BY LAW, TO RELEASE, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO THE COMPANY ), INDEMNIFY, AND HOLD THE COMPANY INDEMNITEES HARMLESS FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES FROM OR BY ANY PERSON OR ENTITY ARISING FROM (1) ACTS OR OMISSIONS BY CLIENT, CLIENT’S AGENTS, STAFF, AND OTHERS EMPLOYED BY OR CONTRACTED TO CLIENT, INCLUDING ARCHITECTS, ENGINEERS, CONTRACTORS, SUBCONTRACTORS, AND CONSULTANTS, WHETHER OR NOT THE COMPANY IS RESPONSIBLE IN WHOLE OR IN PART FOR THE ACTS OR OMISSIONS FOR WHICH CLIENT IS INDEMNIFYING THE COMPANY AND (2) THE PROVISION OF THE SERVICES BY THE COMPANY EXCEPT TO THE EXTENT CAUSED BY THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SUCH EXCEPTION SUBJECT TO THE LIMITS SET FORTH SECTION 10 OF THE GENERAL TERMS AND CONDITIONS. FOR THE AVOIDANCE OF DOUBT, CLIENT’S INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS SECTION 3.1 INCLUDE, WITHOUT LIMITATION, INDEMNIFICATION FOR ANY CLAIMS, LOSSES, DAMAGES OR LIABILITIES ARISING IN WHOLE OR IN PART FROM THE ACTIONS OR INACTIONS OF THE COMPANY. 3.2 THE COMPANY AGREES TO INDEMNIFY, AND HOLD CLIENT HARMLESS FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITIES ARISING TO THE EXTENT SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE COMPANY IN THE PROVISION OF THE SERVICES, SUBJECT TO THE LIMITS SET FORTH IN SECTION 10 OF THE GENERAL TERMS AND CONDITIONS. 3.3 To the extent either party’s damages are covered by available insurance, Client and the Company waive all rights of subrogation against each other and against the contractors, subcontractors, consultants, agents, and employees of the other, except such rights as they may have to the proceeds of such insurance. SECTION 4: EXPRESS NEGLIGENCE RULE 4.1 WITH RESPECT TO CLIENT’S INDEMNIFICATION OBLIGATIONS HEREUNDER, THESE TERMS AND CONDITIONS COMPLY WITH THE REQUIREMENT, KNOWN AS THE EXPRESS NEGLIGENCE RULE, TO EXPRESSLY STATE IN A CONSPICUOUS MANNER TO AFFORD FAIR AND ADEQUATE NOTICE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS REQUIRING ONE PARTY TO BE RESPONSIBLE FOR THE NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF ANOTHER PART 5058 Brush Creek • Fort Worth, TX 76119 • ph 817-496-5600 • fax 817-496-5608 TeamUES.com 13 Page 82 DATE: August 18, 2026 AGENDA ITEM NO: I.1. FROM: Cole Davenport, Town Planner, Planning and Development SUBJECT: Hold public hearing, discuss, consider, and act regarding Ordinance 1049 adopting text amendments to Sections 102-411(b)(9), 102-412(c), 102-415(b), and 102-416(a) of Article IX, "TC, Town Center Form-Based Development District," of the Town of Westlake Code of Ordinances relating to building frontage requirements, modifying the list of building functions, monument signage, and standards for swimming pools, hot tubs, and outdoor woodburning fireplaces and fire pits. ATTACHMENTS: 1. Exhibit A - Ordinance 1049 (Redline) 2. Exhibit B - Ordinance 1049 (Clean) SUMMARY : This is a request initiated by the Department of Planning and Development to amend Sections 102- 411(b)(9), 102-412(c), 102-415(b), and 102-416(a) of Article IX of the Unified Development Code governing the TC, Town Center Form-Based Development District. The proposed amendments are intended to clarify and refine development standards within the Town Center Form-Based Development District by: • Exempting lodging and office building functions from shopfront building frontage requirements; • Updating the list of permitted building functions within the Town Center Core Zone; • Establishing design standards for ground-based monument signs serving commercial buildings within the building frontage; and • Governing the location and design of swimming pools, hot tubs, outdoor wood-burning fireplaces, and outdoor wood-burning fire pits. The proposed amendments will improve the usability of the Town Center Form-Based Development District while maintaining the Town of Westlake's commitment to high-quality architecture, urban design, and development standards. The Department of Planning and Development recommends approval of the proposed text amendments 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 Town Council/Board of Trustees AGENDA ITEM REPORT Page 83 (3) town center zones: town center edge, town center core, and town center civic. 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 town center 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 proposed ordinance amends four sections of the TC, Town Center Form-Based Development District to clarify development standards and improve implementation of the Unified Development Code. The amendments would: • Exempt lodging and office building functions from the shopfront building frontage requirement, recognizing that these uses typically require increased privacy and shopfront-oriented architecture do not afford the privacy and other design considerations necessitated by those building functions. • Revise and update the list of permitted building functions within the town center core zone by adding, removing, clarifying, and renumbering permitted uses to better reflect the Town's development objectives. • Permit ground-based monument signs within the private lot for commercial building functions while establishing standards for their size, location, and construction materials to maintain a high-quality visual character (it should be noted that a regulating plan could allow for a taller and larger ground-based monument sign). • Establish standards for the location and visual screening of swimming pools and hot tubs and require that outdoor woodburning fireplaces and fire pits to comply with the minimum separation distances established by the International Fire Code. Collectively, the proposed amendments provide greater flexibility, improve clarity within the interpretation and application of the Town Center Form-Based Development District, and remain consistent with the Town's vision for high-quality development throughout the district. FISCAL IMPACT: N/A LEGAL REVIEW: N/A RECOMMENDATION: The Planning and Zoning Commission met on August 4, 2026, and recommended approval by a vote of 6-0 (with one absence). ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 84 ORDINANCE NO. 1049 the Town of Westlake, Texas (the “Town”) is a general law municipality; and Page 85 PAGE 2 OF 9 WHEREAS, the Town Council of the Town (the “Town Council”) finds it necessary for the public health, safety, and welfare for development to occur in a controlled and orderly manner in accordance with the Town’s Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission met on August 4, 2026 and reviewed and considered the proposed text amendments to the provisions for the TC, Town Center Form- Based Development District as found in the Unified Development Code, and provided a recommendation to the Town Council; and WHEREAS, 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 text amendments to the Unified Development Code and have given the requisite public hearing notices by publication and, after holding due meetings in accordance with the Texas Open Meetings Act, is of the general opinion that the Unified Development Code should be amended; and WHEREAS, upon the recommendation of the Planning and Zoning Commission provided on August 4, 2026, the Town Council believes that, in the interests of the Town and its present and future residents, adopting this Ordinance will advance the economic development and physical development of the Town while preserving its distinct character and shared community values; 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 86 PAGE 3 OF 9 SECTION 2: That the provisions under Section 102-411 (b)(9) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for exempting all lodging and office building functions from having to provide a shopfront building frontage as follows: (9) All first floor commercial building functions at locations along an arterial thoroughfare, a collector thoroughfare, and a civic space shall provide a shopfront building frontage at a minimum, except as provided in below. a. Lodging building functions and office building functions are exempted from all shopfront building frontage standards in this section. SECTION 3: That the provisions under Section 102-412 (c) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide for new building functions, to clarify existing building functions, and to remove building functions, and renumbered as follows: (c) Allowable building functions in town center core. The allowable building functions in the town center core zones shall be limited to the following: (1) Amphitheater. (2) Bakery. (23) Bank. Page 87 PAGE 4 OF 9 (34) Bar. (45) Barber shop. (56) Bistro. (67) Café. (78) Childcare center. (89) Coffee shop. (910) Community garden. (1011) Conference center. (1112) Day spa. (1213) Dry cleaner. (1314) Electric vehicle charging station. (1415) Entertainment establishment. (1516) Food truck park. (1617) Fountain. (1718) Funeral home. (1819) Home occupation. (1920) Hotel (no room limit). (2021) Light manufacturing facility (no noxious noise, odor, or traffic generation). (2122) Live-work building. (2223) Medical clinic. (24) Meeting hall. (2325) Mixed-use building. Page 88 PAGE 5 OF 9 (2426) Multi-family residential (allowed only in mixed-use buildings located within the building height waiver overlay district). (2527) Office building. (2628) Open-market building. (2729) Parking structure. (2830) Private garden (located within the building frontage). (2931) Public art. (3032) Research facility. (3133) Restaurant. (3234) Retail building, provided that the specific building function shall be further limited to the following: a. An apparel store; b. An appliance store; c. An artisan goods store; cd. A bicycle shop; de. A book store; ef. A corner market (provided that a minimum of 50 percent of the total building area of the retail sales establishment is exclusively allocated and exclusively dedicated to the display and the sale of fresh fish, fresh meat, fresh produce, seasonal fruit, vegetables, and other perishable agricultural products); fg. A dairy goods store; gh. A department store; Page 89 PAGE 6 OF 9 i. A display gallery; hj. An electronics store; ik. A farmers market; jl. A fitness center; km. A florist; ln. A furniture store; mo. A grocery store; np. A hardware store; oq. A home furnishings store; pr. A jewelry store; qs. A liquor store; rt. A mail center; su. An optical goods store; tv. A paint store; uw. A pet store; vx. A pharmacy; and y. A shoe store; and wz. A sporting goods store. (3335) Salon. (3436) Single-family residential (attached and detached). (3537) Veterinary (no outdoor kennel). (3638) Winery. Page 90 PAGE 7 OF 9 SECTION 4: That the provisions under Section 102-415 (b) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for the location and the design of ground-based, monument signs as follows: (6) Ground-based, monument signs. One ground-based, monument sign, and that is not more than four feet in height and eight square feet in area, may be located within the building frontage. a. All ground-based, monument signs shall be constructed of a metal material, and the ground-based, monument signs bases and supports shall be made of a brick material, a stone material, and / or a stucco material matching the principal building on the lot. SECTION 5: That the provisions under Section 102-416 (a) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for the design and the location of swimming pools, hot tubs, and outdoor woodburning fireplaces and outdoor woodburning fire pits as follows: (9) All swimming pools and all hot tubs shall maintain a low profile and shall be visually screened from all views from thoroughfares and civic spaces and surrounding lots with a wall. (10) All outdoor woodburning fireplaces and all outdoor woodburning fire pits shall be separated from all combustible structures and all trees by the minimum distance as found existing in the International Fire Code. Page 91 PAGE 8 OF 9 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. SECTION 8: 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 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. Page 92 PAGE 9 OF 9 PASSED AND APPROVED ON THIS __________ DAY OF AUGUST 2026. _____________________________ Mayor Town Secretary Town Attorney Page 93 ORDINANCE NO. 1049 the Town of Westlake, Texas (the “Town”) is a general law municipality; and Page 94 PAGE 2 OF 9 WHEREAS, the Town Council of the Town (the “Town Council”) finds it necessary for the public health, safety, and welfare for development to occur in a controlled and orderly manner in accordance with the Town’s Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission met on August 4, 2026 and reviewed and considered the proposed text amendments to the provisions for the TC, Town Center Form- Based Development District as found in the Unified Development Code, and provided a recommendation to the Town Council; and WHEREAS, 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 text amendments to the Unified Development Code and have given the requisite public hearing notices by publication and, after holding due meetings in accordance with the Texas Open Meetings Act, is of the general opinion that the Unified Development Code should be amended; and WHEREAS, upon the recommendation of the Planning and Zoning Commission provided on August 4, 2026, the Town Council believes that, in the interests of the Town and its present and future residents, adopting this Ordinance will advance the economic development and physical development of the Town while preserving its distinct character and shared community values; 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 95 PAGE 3 OF 9 SECTION 2: That the provisions under Section 102-411 (b)(9) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for exempting all lodging and office building functions from having to provide a shopfront building frontage as follows: (9) All first floor commercial building functions at locations along an arterial thoroughfare, a collector thoroughfare, and a civic space shall provide a shopfront building frontage at a minimum, except as provided in below. a. Lodging building functions and office building functions are exempted from all shopfront building frontage standards in this section. SECTION 3: That the provisions under Section 102-412 (c) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide for new building functions, to clarify existing building functions, and to remove building functions, and renumbered as follows: (c) Allowable building functions in town center core. The allowable building functions in the town center core zones shall be limited to the following: (1) Amphitheater. (2) Bakery. (3) Bank. (4) Bar. Page 96 PAGE 4 OF 9 (5) Barber shop. (6) Bistro. (7) Café. (8) Childcare center. (9) Coffee shop. (10) Community garden. (11) Conference center. (12) Day spa. (13) Dry cleaner. (14) Electric vehicle charging station. (15) Entertainment establishment. (16) Food truck park. (17) Fountain. (18) Funeral home. (19) Home occupation. (20) Hotel (no room limit). (21) Light manufacturing facility (no noxious noise, odor, or traffic generation). (22) Live-work building. (23) Medical clinic. (24) Meeting hall. (25) Mixed-use building. Page 97 PAGE 5 OF 9 (26) Multi-family residential (allowed only in mixed-use buildings located within the building height waiver overlay district). (27) Office building. (28) Open-market building. (29) Parking structure. (30) Private garden (located within the building frontage). (31) Public art. (32) Research facility. (33) Restaurant. (34) Retail building, provided that the specific building function shall be further limited to the following: a. An apparel store; b. An appliance store; c. An artisan goods store; d. A bicycle shop; e. A book store; f. A corner market (provided that a minimum of 50 percent of the total building area of the retail sales establishment is exclusively allocated and exclusively dedicated to the display and the sale of fresh fish, fresh meat, fresh produce, seasonal fruit, vegetables, and other perishable agricultural products); g. A dairy goods store; h. A department store; Page 98 PAGE 6 OF 9 i. A display gallery; j. An electronics store; k. A farmers market; l. A fitness center; m. A florist; n. A furniture store; o. A grocery store; p. A hardware store; q. A home furnishings store; r. A jewelry store; s. A liquor store; t. A mail center; u. An optical goods store; v. A paint store; w. A pet store; x. A pharmacy; and y. A shoe store; and z. A sporting goods store. (35) Salon. (36) Single-family residential (attached and detached). (37) Veterinary (no outdoor kennel). (38) Winery. Page 99 PAGE 7 OF 9 SECTION 4: That the provisions under Section 102-415 (b) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for the location and the design of ground-based, monument signs as follows: (6) Ground-based, monument signs. One ground-based, monument sign, and that is not more than four feet in height and eight square feet in area, may be located within the building frontage. a. All ground-based, monument signs shall be constructed of a metal material, and the ground-based, monument signs bases and supports shall be made of a brick material, a stone material, and / or a stucco material matching the principal building on the lot. SECTION 5: That the provisions under Section 102-416 (a) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for the design and the location of swimming pools, hot tubs, and outdoor woodburning fireplaces and outdoor woodburning fire pits as follows: (9) All swimming pools and all hot tubs shall maintain a low profile and shall be visually screened from all views from thoroughfares and civic spaces and surrounding lots with a wall. (10) All outdoor woodburning fireplaces and all outdoor woodburning fire pits shall be separated from all combustible structures and all trees by the minimum distance as found existing in the International Fire Code. Page 100 PAGE 8 OF 9 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. SECTION 8: 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 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. Page 101 PAGE 9 OF 9 PASSED AND APPROVED ON THIS __________ DAY OF AUGUST 2026. _____________________________ Mayor Town Secretary Town Attorney Page 102 DATE: August 18, 2026 AGENDA ITEM NO: I.2. FROM: Cole Davenport, Town Planner, Planning and Development SUBJECT: Hold public hearing, discuss, consider, and act regarding Ordinance 1050 approving a request from Ocean Equities, Ltd to rezone approximately 1.33 acres of land located at 1550 Solana Boulevard and currently zoned as PD, Planned Development District 1-2, to the TC, Town Center Form-Based Development District (town center core zone). ATTACHMENTS: SUMMARY : -2 (“PD 1-2”) to -Based Development District (town center core zone). The requested --- PD 1-2 --- allow office uses by-right, the present a strong visual identity --- primarily commercial uses --- and is consistent with the Strategic Plan and the BACKGROUND AND DISCUSSION: --- is a form-based development district that is further divided into three d town center civic. The emphasis of -Based Development District is on the delivery of a predictable set of tion of architecture, landscape architecture, land use, and infrastructure. The --- and are intended to Town Council/Board of Trustees AGENDA ITEM REPORT Page 103 quality, that will sustain a robust tax base, and that will afford a premium quality of life to residents, businesses, and visitors alike. --- and the surrounding area --- as well as existing and future detached -family residential within the adjacent Knolls and Ventanas neighborhoods. zoning --- PD 1-2 --- does allow for limited -Based Development District for the town center core eater architectural expression and creativity --- which allows for a more appropriate -Based Development District for architecture (e.g., g height (i.e., principal buildings cannot aces per 1,000 square feet of net office space). -Based Development District requires a Development onstruction and other development- FISCAL IMPACT LEGAL REVIEW: RECOMMENDATION: ACTION OPTIONS: Page 104 ZONING APPLICATION Planning and Development Department 1500 Solana Blvd, Bldg. 7, Ste 7200 | Westlake, TX 76262 | www.westlake-tx.org Phone: 817-430-0941 | Email: planning@westlake-tx.org Submittal Policy Upon completion of a pre-application conference with town staff, application is due no later than 12:00pm on the application submittal deadline. All required fees, forms and supporting documents are due at the time of application submittal. Incomplete applications and/or application submitted without a prior pre-application conference will not be accepted. All applications shall not be considered filed, and administratively complete, until town staff, including the Development Review Committee (DRC), determines that the application meets all requirements of applicable town regulations and/or all DRC comments have been addressed. Applications will not be scheduled for consideration by the Planning and Zoning Commission and the Town Council until all comments have been addressed and required items submitted. Therefore, meeting consideration dates on the Development Review Calendar are merely shown as guidelines and are subject to change for any given application pending the filing date and determination of administrative completeness by town staff for said application. Any development related application, including any revisions responsive to staff comments, shall NOT be accepted at the front counter. Application and revisions will only be accepted through a pre- scheduled appointment with a pertinent member of Town development review staff. The purpose of the appointment requirement is to ensure all required items are included and/or addressed prior to acceptance by the Town. Application Submittal Checklist Applicants must submit the following information for the application to be deemed complete and accepted. An application missing any of the items below will be considered incomplete and cannot be processed until the missing items are provided. All information must be submitted following the specifications listed in the Development Submittal Guidelines document. …Pre-Application Meeting Held …Application fees furnished x Payment is accepted by check, credit card (3% charge), or ACH. Pay by credit card at the front counter or online. Make checks out to Town of Westlake and mail or submit to the address below: 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 …Rezoning Request (mm-dd-yyyy) x Written description of proposal …Zoning request checklist filled out x Concept Plan Checklist or Development Plan Checklist filled out /PU"QQMJDBCMF /PU"QQMJDBCMF ✔ ✔ Page 105 ZONING APPLICATION Planning and Development Department 1500 Solana Blvd, Bldg. 7, Ste 7200 | Westlake, TX 76262 | www.westlake-tx.org Phone: 817-430-0941 | Email: planning@westlake-tx.org 2 ** Town Staff Only ** Item Date Staff …Pre-Application Meeting: …Application Submittal: …Application Fees Furnished: …Application Accepted for Review: Case Number: Total Fees: Description of Property Project Name: (e.g., Starbucks, QuikTrip, etc….) Project (e.g., 1234 Westlake Pkwy) (e.g., Northeast Corner of Westlake Pkwy and SH 114) (e.g., Lot(s): Block(s): Survey Name Development Statistics Current Zoning: (Zoning Map) Proposed Zoning (e.g. PD, O, R-1, R-2, etc. Current Land Use: (Land Use Map) Proposed Land Use: (e.g. Single Family, Office, Mixed- Current Commercial Total 0D\ Ocean Equities 1550 Solana Blvd, Westlake, TX 76262 43265785 Northwest Corner of Solana Blvd. and Knollwood Dr. WESTLAKE/SOUTHLAKE PARK # 1 21R1-5 1 N/A N/A N/A PD1-1 TC - Town Center Core Commercial 1 57,989 sf (site) Commercial 1 1.33 Page 106 ZONING APPLICATION Planning and Development Department 1500 Solana Blvd, Bldg. 7, Ste 7200 | Westlake, TX 76262 | www.westlake-tx.org Phone: 817-430-0941 | Email: planning@westlake-tx.org 3 Applicant/Developer Information Company: (e.g. Starbucks) Contact: (e.g. John Smith) Address: (e.g. 123 Happy Lane) City, State, ZIP: (e.g. Westlake, TX 76262) Email: (e.g., John.smith@gmail.com) Phone: (e.g. 555-555-5555) Owner Information Company: (e.g. Starbucks) Contact: (e.g. John Smith) Address: (e.g. 123 Happy Lane) City, State, ZIP: (e.g. Westlake, TX 76262) Email: (e.g., John.smith@gmail.com) Phone: (e.g. 555-555-5555) Ocean Equities, Ltd. Steven Udvar-Hazy 550 Reserve Street Southlake, TX 76092 suhjet@aol.com (979) 777-8736 Ocean Equities, Ltd. Steven Udvar-Hazy 550 Reserve Street Southlake, TX 76092 suhjet@aol.com (979) 777-8736 Page 107 ZONING APPLICATION Planning and Development Department 1500 Solana Blvd, Bldg. 7, Ste 7200 | Westlake, TX 76262 | www.westlake-tx.org Phone: 817-430-0941 | Email: planning@westlake-tx.org 4 Designation of Agent Form I hereby authorize the person designated below, to act in the capacity as my agent for the application, processing and the representation of this request. The designated agent shall be the principal contact person with the Town of Westlake (and vice versa) in processing and responding to requirements, information requests or other issues relative to this request. PROPERTY OWNER Printed Name: Signature: Date: APPLICANT Printed Name: Signature: Date: DESIGNATED AGENT Printed Name: Signature: Date: Property Address: City, State, ZIP: Email: Phone: Ocean Equities Ltd. 6-22-2026 Ocean Equities, Ltd. 6-22-2026 Curnutt & Hafer, L.L.P. 6-22-2026 311 W. Abram Street Arlington, TX 76010 chaddad@curnutthafer.com (817) 233-8342 Page 108 SolanaBlvd Cortes Dr SolanaBlvd SolanaBlvd Campus C ir CortesDr B l d g 1Bldg8 G a r a g e D B l d g 7 B l d g 4 Solana Blvd Solana Blvd Ascension Trl Ainsley Ct Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Microsoft, Vantor ¯ 0 0.02 0.040.01 Miles 1550 Solana Blvd Page 109 PRIVATE OFFICE BUILDING LOT 2R 1-5 WESTLAKE/SOUTHLAKE PARK #1 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS 76262 6/22/2026 ISSUE DATE: SITE PLAN CS 1.1 Page 110 6/22/2026 ISSUE DATE: NORTH EAST CS 1.2 ELEVATION Page 111 6/22/2026 ISSUE DATE: CS 1.3 SOUTH WEST ELEVATION Page 112 6/22/2026 ISSUE DATE: WEST ELEVATION CS 1.4 Page 113 6/22/2026 ISSUE DATE: CS 1.5 SOUTH WEST ELEVATION Page 114 6/22/2026 ISSUE DATE: CS 1.6 SOUTH EAST ELEVATION Page 115 TOWN OF WESTLAKE 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”, 1550 Solana Blvd, Lot 2R1-5, Block 1, of WESTLAKE / SOUTHLAKE PARK ADDITION No. 1 attached hereto and incorporated hereof should be rezoned from PD, Planned Development District 1-2 to the TC, Town Center Form-Based Development District (town center core zone); and Page 116 PAGE 2 WHEREAS, the Planning and Zoning Commission held a public hearing on August 4, 2026, 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 held a public hearing on August 18, 2026, and 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 117 PAGE 3 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 ____ DAY OF AUGUST 2026. ______________________________ Kim Greaves, Mayor ATTEST: ______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: ______________________________ Matthew C.G. Boyle, Town Attorney Page 118 PAGE 4 EXHIBIT A Page 119 Page 120 Page 121 NOTICE OF MEETING TO VOTE A tax rate of $0.185000 per $100 valuation has been proposed by the governing body of the Town of Westlake. PROPOSED TAX RATE $0.185000 per $100 NO-NEW-REVENUE TAX RATE $0.206222 per $100 VOTER-APPROVAL TAX RATE $0.216438 per $100 The no-new-revenue tax rate is the tax rate for the 2026 tax year that will raise the same amount of property tax revenue for the Town of Westlake from the same properties in both the 2025 tax year and the 2026 tax year. The voter-approval rate is the highest tax rate that the Town of Westlake may adopt without holding an election to seek voter approval of the rate. The proposed tax rate is not greater than the no-new-revenue tax rate. This means that the Town of Westlake is not proposing to increase property taxes for the 2026 tax year. A PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE HELD ON SEPTEMBER 15, 2026, AT 4:00 PM AT 1500 SOLANA BLVD., BLDG. 7, STE. 7100, WESTLAKE, TX 76262. The proposed tax rate is also not greater than the voter-approval tax rate. As a result, the Town of Westlake is not required to hold an election to seek voter approval of the rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the Town Council of the Town of Westlake at their offices or by attending the public hearing mentioned above. YOUR TAXES OWED UNDER ANY OF THE RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS: Property tax amount= (tax rate) x (taxable value of your property)/100 FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT: Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property. Page 122 The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state. The following table compares the taxes imposed on the average residence homestead by the Town of Westlake last year to the taxes proposed to be imposed on the average residence homestead by the Town of Westlake this year. 2025 2026 Change Total tax rate (per $100 of value) Average homestead taxable value Tax on average homestead Total tax levy on all properties Page 123 Form developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division For additional copies, visit: comptroller.texas.gov/taxes/property-tax 50-856 • 5-26/15 Form 50-856 ________________________________ Taxing Unit’s Website Address ________________________________ Phone (area code and number) ____________________________________________________________________________ Taxing Unit Name ____________________________________________________________________________ Taxing Unit’s Address, City, State, ZIP Code 2026 Tax Rate Calculation Worksheet Taxing Units Other Than School Districts or Water Districts GENERAL INFORMATION: Tax Code Section 26.04(c) requires an officer or employee designated by the governing body to calculate the no-new-revenue (NNR) tax rate and voter-approval tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable value calculated. The calculation process starts after the chief appraiser delivers to the taxing unit the certified appraisal roll and the estimated values of properties under protest. The designated officer or employee shall certify that the officer or employee has accurately calculated the tax rates and used values shown for the certified appraisal roll or certified estimate. The officer or employee submits the rates to the governing body by Aug. 7 or as soon thereafter as practicable. School districts do not use this form, but instead use Comptroller Form 50-859 Tax Rate Calculation Worksheet, School District without Chapter 313 and JETI Agreements or Comptroller Form 50-884 Tax Rate Calculation Worksheet, School District with Chapter 313 and JETI Agreements. Water districts as defined under Water Code Section 49.001(1) do not use this form, but instead use Comptroller Form 50-858 Water District Voter-Approval Tax Rate Worksheet for Low Tax Rate and Developing Districts or Comptroller Form 50-860 Developed Water District Voter-Approval Tax Rate Worksheet. The Comptroller’s office provides this worksheet to assist taxing units in determining tax rates. The information provided in this worksheet is offered as technical assistance and not legal advice. Taxing units should consult legal counsel for interpretations of law regarding tax rate preparation and adoption. Taxing units must include a hyperlink to a document that evidences the accuracy of each entry in the worksheet other than an entry making a mathematical calculation.1 Insert hyperlink: Source materials must contain data for all worksheets used, including supplemental worksheets. SECTION 1: No-New-Revenue Tax Rate The NNR tax rate enables the public to evaluate the relationship between taxes for the prior year and for the current year based on a tax rate that would produce the same amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal values increase, the NNR tax rate should decrease. The NNR tax rate for a county is the sum of the NNR tax rates calculated for each type of tax the county levies. While uncommon, it is possible for a taxing unit to provide an exemption for only maintenance and operations taxes. In this case, the taxing unit will need to calculate the NNR tax rate separately for the maintenance and operations tax and the debt tax, then add the two components together. Line No-New-Revenue Tax Rate Worksheet Amount/Rate 1. Prior year total taxable value. Enter the amount of the prior year taxable value on the prior year tax roll today. Include any adjustments since last year’s certification; exclude Tax Code Section 25.25(d) one-fourth and one-third over-appraisal corrections from these adjustments. Exclude any property value subject to an appeal under Chapter 42 as of July 25 (will add undisputed value in Line 6). This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (adjustment is made by deducting TIF taxes, as reflected in Line 17).2 $ _____________ 2. Prior year tax ceilings. Counties, cities and junior college districts. Enter the prior year total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision last year or a prior year for homeowners age 65 or older or disabled, use this step.3 $ _____________ 3. Preliminary prior year adjusted taxable value. Subtract Line 2 from Line 1. $ _____________ 4. Prior year total adopted tax rate. $ __________/$100 5. Prior year taxable value lost because court appeals of ARB decisions reduced the prior year’s appraised value. A. Original prior year ARB values:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Prior year values resulting from final court decisions:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$ _____________ C. Prior year value loss. Subtract B from A.4 $ _____________ 1 Tex. Tax Code §§5.07(g)(4) and 26.04(d-1) 2 Tex. Tax Code §26.012(14) 3 Tex. Tax Code §26.012(14) 4 Tex. Tax Code §26.012(13) Town of Westlake 1500 Solana Boulevard, Bldg. 7, Ste 7200, Westlake, TX 76262 westlake-tx.org https://www.tarrantcountytx.gov/content/dam/main/tax/TNT/37-town-of-westlake/2026TRCWorksheetDocuments.zip 2,872,185,673 356,155,236 2,516,030,437 0.185000 218,736,124 172,013,305 46,722,819 Page 124 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 2 Line No-New-Revenue Tax Rate Worksheet Amount/Rate 6. Prior year taxable value subject to an appeal under Chapter 42, as of July 25. A. Prior year ARB certified value: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Prior year disputed value:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$ _____________ C. Prior year undisputed value. Subtract B from A. 5 $ _____________ 7. Prior year Chapter 42 related adjusted values. Add Line 5C and Line 6C. $ _____________ 8. Prior year taxable value, adjusted for actual and potential court-ordered adjustments. Add Line 3 and Line 7. $ _____________ 9. Prior year taxable value of property in territory the taxing unit deannexed after Jan. 1 of the prior year. Enter the prior year value 6of property in deannexed territory. $ _____________ 10. Prior year taxable value lost because property first qualified for an exemption in the current year. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport, goods-in-transit, temporary disaster exemptions. Note that lowering the amount or percentage of an existing exemption in the current year does not create a new exemption or reduce taxable value. A. Absolute exemptions. Use prior year market value: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Partial exemptions. Current year exemption amount or current year percentage exemption times prior year value: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + $ _____________ C. Value loss. Add A and B. 7 $ _____________ 11. Prior year taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/ scenic appraisal or public access airport special appraisal in the current year. Use only properties that qualified for the first time in the current year; do not use properties that qualified in the prior year. A. Prior year market value:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Current year productivity or special appraised value: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$ _____________ C. Value loss. Subtract B from A. 8 $ _____________ 12. Total adjustments for lost value. Add Lines 9, 10C and 11C. $ _____________ 13. Prior year captured value of property in a TIF. Enter the total value of the prior year captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the prior year taxes were deposited into the tax increment fund. 9 If the taxing unit has no captured appraised value in line 18D, enter 0. $ _____________ 14. Prior year total value. Subtract Line 12 and Line 13 from Line 8. $ _____________ 15. Adjusted prior year total levy. Multiply Line 4 by Line 14 and divide by $100. $ _____________ 16. Taxes refunded for years preceding the prior tax year. Enter the amount of taxes refunded by the taxing unit for tax years preceding the prior tax year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for the prior tax year. This line applies only to tax years preceding the prior tax year. 10 $ _____________ 17.Adjusted prior year levy with refunds. Add Lines 15 and 16. 11 $ _____________ 5 Tex. Tax Code §26.012(13) 6 Tex. Tax Code §26.012(15) 7 Tex. Tax Code §26.012(15) 8 Tex. Tax Code §26.012(15) 9 Tex. Tax Code §26.03(c) 10 Tex. Tax Code §26.012(13) 11 Tex. Tax Code §26.012(13) and (15) 369,678,472 73,180,870 296,497,602 343,220,421 2,859,250,858 0 0 21,894,573 21,894,573 39,960,153 16,856 39,943,297 61,837,870 0 2,797,412,988 5,175,214 192,546 5,367,760 Page 125 18.Total current year taxable value on the current year certified appraisal roll today. This value includes only certified values or certified estimate of values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 20). These homesteads include homeowners age 65 or older or disabled. 12 A.Certified values:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B.Counties: Include railroad rolling stock values certified by the Comptroller’s office: . . . . . . . . . . . . . . . . . . . . . . . + $ _____________ C. Pollution control and energy storage system exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control or energy storage system property:. . . . . . . . . . . - $ _____________ D.Tax increment financing: Deduct the current year captured appraised value of property taxable by a taxing unit in a tax increment reinvestment zone for which the current year taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 24 below. 13 Adjustments to the taxable value must be calculated separately for each reinvestment zone using Form 50-110.14 Enter the total from Form 50-110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - $ _____________ E.Total current year value. Add A and B, then subtract C and D.$ _____________ 19.Total value of properties under protest or not included on certified appraisal roll. 15 A.Current year taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district’s value and the taxpayer’s claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value under protest. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B.Current year value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value of property not on the certified roll. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. + $ _____________ C. Total value under protest or not certified. Add A and B.$ _____________ 20.Current year tax ceilings. Counties, cities and junior colleges enter current year total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in the prior year or a previous year for homeowners age 65 or older or disabled, use this step.18 $ _____________ 21.Anticipated contested value. Affected taxing units enter the contested taxable value for all property that is subject to anticipated substantial litigation. 19 An affected taxing unit is wholly or partly located in a county that has a population of less than 500,000 and is located on the Gulf of Mexico.20 If completing this line, the taxing unit must include supporting documentation in Section 9.21 Taxing units that are not affected, enter 0.$ _____________ 22.Current year total taxable value. Add Lines 18E and 19C, then subtract Lines 20 and 21.22 $ _____________ 23.Total current year taxable value of properties in territory annexed after Jan. 1, of the prior year. Include both real and personal property. Enter the current year value of property in territory annexed. 23 $ _____________ 24.Total current year taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in the prior year. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, of the prior year and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for the current year. 24 $ _____________ Page 3 12 Tex. Tax Code §§26.012(6) and 26.04(c-2) 13 Tex. Tax Code §26.03(c) 14 Tex. Tax Code §26.03(e) 15 Tex. Tax Code §26.01(c) and (d) 16 Tex. Tax Code §26.01(c) 17 Tex. Tax Code §26.01(d) 18 Tex. Tax Code §26.012(6)(B) 19 Tex. Tax Code §§26.012(6)(C) and 26.012(1-b) 20 Tex. Tax Code §26.012(1-a) 21 Tex. Tax Code §26.04(d-3) 22 Tex. Tax Code §26.012(6) 23 Tex. Tax Code §26.012(17) 24 Tex. Tax Code §26.012(17) For additional copies, visit: comptroller.texas.gov/taxes/property-tax 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 No-New-Revenue Tax Rate Worksheet Amount/RateLine 3,165,427,671 0 0 0 3,165,427,671 66,185,756 0 66,185,756 354,047,979 0 2,877,565,448 0 274,662,094 Page 126 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 4 Line No-New-Revenue Tax Rate Worksheet Amount/Rate 25. Total adjustments to the current year taxable value. Add Lines 23 and 24. $ _____________ 26. Adjusted current year taxable value. Subtract Line 25 from Line 22. $ _____________ 27. Current year NNR tax rate. Divide Line 17 by Line 26 and multiply by $100. 25 $ __________/$100 28. COUNTIES ONLY. Add together the NNR tax rates for each type of tax the county levies. The total is the current year county NNR tax rate. 26 $ __________/$100 Voter -Approval Tax Rate The voter-approval tax rate is the highest tax rate that a taxing unit may adopt without holding an election to seek voter approval of the tax rate. The type of taxing unit will determine the rate components that apply to a taxing units’ overall voter-approval tax rate. The voter-approval tax rate for a county is the sum of the voter-approval tax rates calculated for each type of tax the county levies. In most cases the voter-approval tax rate exceeds the no-new-revenue tax rate, but occasionally decreases in a taxing unit’s debt service will cause the NNR tax rate to be higher than the voter-approval tax rate. SECTION 2: Maintenance and Operations (M&O) and Debt Tax Rate Worksheet This section calculates two components of the voter-approval tax rate: 1. Maintenance and Operations (M&O) Tax Rate: The M&O portion is the tax rate that is needed to raise the same amount of taxes that the taxing unit levied in the prior year plus the applicable percentage allowed by law. This rate accounts for such things as salaries, utilities and day-to-day operations. 2. Debt Rate: The debt rate includes the minimum dollar amount required to be paid toward debt service for the current year.27 This rate accounts for principal and interest on bonds and other debt secured by property tax revenue. Line M&O and Debt Tax Rate Worksheet Amount/Rate 29. Prior year M&O tax rate. Enter the prior year M&O tax rate. $ __________/$100 30. Prior year taxable value, adjusted for actual and potential court-ordered adjustments. Enter the amount in Line 8 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 31. Total prior year M&O levy. Multiply Line 29 by Line 30 and divide by $100. $ _____________ 32. Adjusted prior year levy for calculating NNR M&O rate. A. M&O taxes refunded for years preceding the prior tax year. Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2025. This line applies only to tax years preceding the prior tax year.. . . . . . . . . . . +$ _____________ B. Prior year taxes in TIF. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no current year captured appraised value in Line 18D, enter 0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . –$ _____________ C. Prior year transferred function. If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in D below. The taxing unit receiving the function will add this amount in D below. Other taxing units enter 0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +/-$ _____________ D. Prior year M&O levy adjustments. Subtract B from A. For taxing unit with C, subtract if discontinuing function and add if receiving function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ E. Add Line 31 to 32D. $ _____________ 33. Adjusted current year taxable value. Enter the amount in Line 26 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 34. Current year NNR M&O rate (unadjusted). Divide Line 32E by Line 33 and multiply by $100. $ __________/$100 25 Tex. Tax Code §26.04(c) 26 Tex. Tax Code §26.04(d) 27 Tex. Tax Code §26.012(3) 274,662,094 2,602,903,354 0.206222 0.130000 2,859,250,858 3,717,026 125,987 0 0 125,987 3,843,013 2,602,903,354 0.147643 Page 127 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 5 Line M&O and Debt Tax Rate Worksheet Amount/Rate 35. Rate adjustment for state criminal justice mandate. 28 A. Current year state criminal justice mandate. Enter the amount spent by a county in the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. $ _____________ B. Prior year state criminal justice mandate. Enter the amount spent by a county in the 12 months prior to the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. Enter zero if this is the first time the mandate applies. . . . . . . . . . . . . . . . . –$ _____________ C. Subtract B from A and divide by Line 33 and multiply by $100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 D. Enter the rate calculated in C. If not applicable, enter 0. $ __________/$100 36. Rate adjustment for indigent health care expenditures. 29 A. Current year indigent health care expenditures. Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, of the prior tax year and ending on June 30, of the current tax year, less any state assistance received for the same purpose... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Prior year indigent health care expenditures. Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2024 and ending on June 30, 2025, less any state assistance received for the same purpose... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. –$ _____________ C. Subtract B from A and divide by Line 33 and multiply by $100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 D. Enter the rate calculated in C. If not applicable, enter 0. $ __________/$100 37. Rate adjustment for county indigent defense compensation. 30 A. Current year indigent defense compensation expenditures. Enter the amount paid by a county to provide appointed counsel for indigent individuals and fund the operations of a public defender’s office under Article 26.044, Code of Criminal Procedure for the period beginning on July 1, of the prior tax year and ending on June 30,of the current tax year, less any state grants received by the county for the same purpose.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Prior year indigent defense compensation expenditures. Enter the amount paid by a county to provide appointed counsel for indigent individuals and fund the operations of a public defender’s office under Article 26.044, Code of Criminal Procedure for the period beginning on July 1, 2024 and ending on June 30, 2025, less any state grants received by the county for the same purpose. . . . . . . . . . . . . . . $ _____________ C. Subtract B from A and divide by Line 33 and multiply by $100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 D. Multiply B by 0.05 and divide by Line 33 and multiply by $100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 E. Enter the lesser of C and D. If not applicable, enter 0. $ __________/$100 38. Rate adjustment for county hospital expenditures. 31 A. Current year eligible county hospital expenditures. Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on July 1, of the prior tax year and ending on June 30, of the current tax year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Prior year eligible county hospital expenditures. Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on July 1, 2024 and ending on June 30, 2025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ C. Subtract B from A and divide by Line 33 and multiply by $100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 D. Multiply B by 0.08 and divide by Line 33 and multiply by $100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 E. Enter the lesser of C and D, if applicable. If not applicable, enter 0. $ __________/$100 28 Tex. Tax Code §26.044 29 Tex. Tax Code §26.0441 30 Tex. Tax Code §26.0442 31 Tex. Tax Code §26.0443 0 0 0.000000 0.000000 0 0 0.000000 0.000000 0 0 0.000000 0.000000 0.000000 0 0 0.000000 0.000000 0.000000 Page 128 39.Rate adjustment for defunding municipality. This adjustment only applies to a municipality that is considered to be a defunding municipality for the current tax year under Chapter 109, Local Government Code. Chapter 109, Local Government Code only applies to municipalities with a population of more than 250,000 and includes a written determination by the Office of the Governor. See Tax Code Section 26.0444 for more information. A.Amount appropriated for public safety in the prior year. Enter the amount of money appropriated for public safety in the budget adopted by the municipality for the preceding fiscal year.. . . . . . . . . . . . . . . . . . . . . $ _____________ B.Expenditures for public safety in the prior year. Enter the amount of money spent by the municipality for public safety during the preceding fiscal year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ C. Subtract B from A and divide by Line 33 and multiply by $100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 D.Enter the rate calculated in C. If not applicable, enter 0.$ __________/$100 40.Adjusted current year NNR M&O rate. Add Lines 34, 35D, 36D, 37E, and 38E. Subtract Line 39D.$ __________/$100 41.Adjustment for prior year sales tax specifically to reduce property taxes. Cities, counties and hospital districts that collected and spent additional sales tax on M&O expenses in the prior year should complete this line. These entities will deduct the sales tax gain rate for the current year in Section 3. Other taxing units, enter zero. A.Enter the amount of additional sales tax collected and spent on M&O expenses in the prior year, if any. Counties must exclude any amount that was spent for economic development grants from the amount of sales tax spent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B.Divide Line 41A by Line 33 and multiply by $100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 C. Add Line 41B to Line 40.$ __________/$100 42.Current year voter-approval M&O rate. Enter the rate as calculated by the appropriate scenario below. Special Taxing Unit. If the taxing unit qualifies as a special taxing unit, multiply Line 41C by 1.08. - or - Other Taxing Unit. If the taxing unit does not qualify as a special taxing unit, multiply Line 41C by 1.035.$ __________/$100 D42.Disaster Line 42 (D42): Current year voter-approval M&O rate for taxing unit affected by disaster declaration. 32 If the taxing unit is located in an area declared a disaster area and at least one person is granted an exemption under Tax Code Section 11.35 for property located in the taxing unit, the governing body may direct the person calculating the voter-approval tax rate to calculate a rate equal to the lesser of: A.The voter-approval tax rate calculated in the manner provided for a special taxing unit. Multiply line 41C by 1.08 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 - or - B.The voter-approval M&O tax rate calculated in the manner provided for a taxing unit other than a special taxing unit plus the disaster relief rate. 34 Complete Section 5 through Line 68 to complete D42(B). a.Enter the disaster relief cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ b.Disaster relief rate. Divide Line D42(B)(a) by Line 26 and multiply by 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 c.Add Line D42(B)(b) to Line 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 d.Enter the current year unused increment rate from Line 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 e Add Line D42(c) to Line D42(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 The taxing unit shall continue to calculate the voter-approval tax rate in this manner until the earlier of: 1) the first year in which total taxable value on the certified appraisal roll exceeds the total taxable value of the tax year in which the disaster occurred; or 2) the third tax year after the tax year in which the disaster occurred. C. Enter Line D42(A) if less than Line D42(B)(e). If Line D42(B)(e) is less than line D42(A), enter Line D42(B)(c). 35 If the taxing unit does not qualify, do not complete Disaster Line 42 (Line D42). $ __________/$100 32 Tex. Tax Code §26.042 33 Tex. Tax Code §26.042(a-2)(1) 34 Tex. Tax Code §§26.042(a-1) and 26.042(a-2)(2) 35 Tex. Tax Code §26.042(a-2) M&O and Debt Tax Rate Worksheet Amount/RateLine Page 6For additional copies, visit: comptroller.texas.gov/taxes/property-tax 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 0 0 0.000000 0.000000 0.147643 1,015,279 0.039005 0.186648 0.193180 0.000000 0 0.000000 0.000000 0.000000 0.000000 0.000000 Page 129 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit:Page 7 comptroller.texas.gov/taxes/property-tax Line M&O and Debt Tax Rate Worksheet Amount/Rate 43. Total current year debt to be paid with property taxes and additional sales tax revenue. Debt means the interest and principal that will be paid on debts that: (1) are paid by property taxes; (2) are secured by property taxes; (3) are scheduled for payment over a period longer than one year; and (4) are not classified in the taxing unit’s budget as M&O expenses. A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. If the governing body of a taxing unit authorized or agreed to authorize a bond, warrant, certificate of obligation, or other evidence of indebtedness on or after Sept. 1, 2021, verify if it meets the amended definition of debt before including it here. 36 Enter debt amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _____________ B. Subtract unencumbered fund amount used to reduce total debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . –$ _____________ C. Subtract certified amount spent from sales tax to reduce debt (enter zero if none) . . . . . . . . . . . . . . . . . . . . –$ _____________ D. Subtract amount paid from other resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . –$ _____________ E. Adjusted debt. Subtract B, C and D from A. $ _____________ 44. Certified prior year excess debt collections. Enter the amount certified by the collector. 37 $ _____________ 45. Adjusted current year debt. Subtract Line 44 from Line 43E. $ _____________ 46. Current year anticipated collection rate. A. Enter the current year anticipated collection rate certified by the collector. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____________% B. Enter the prior year actual collection rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____________% C. Enter the 2024 actual collection rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____________% D. Enter the 2023 actual collection rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____________% E. If the anticipated collection rate in A is lower than actual collection rates in B, C and D, enter the lowest collection rate from B, C and D. If the anticipated rate in A is higher than at least one of the rates in the prior three years, enter the rate from A. Note that the rate can be greater than 100%. 39 ____________% 47. Current year debt adjusted for collections. Divide Line 45 by Line 46E. $ _____________ 48. Current year total taxable value. Enter the amount on Line 22 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 49. Current year debt rate. Divide Line 47 by Line 48 and multiply by $100. $ __________/$100 50. Current year voter-approval M&O rate plus current year debt rate. Add Lines 42 and 49. $ __________/$100 D50. Disaster Line 50 (D50): Current year voter-approval M&O and debt tax rate for taxing unit affected by disaster declaration. Complete this line if the taxing unit calculated the voter-approval M&O tax rate in the manner provided by Line D42. Add Line D42(C) and 49. $ __________/$100 51. COUNTIES ONLY. Add together the voter-approval M&O and debt tax rates for each type of tax the county levies. The total is the current year county voter-approval M&O and debt tax rate. $ __________/$100 36 Tex. Tax Code §26.012(7) 37 Tex. Tax Code §§26.012(10) and 26.04(b) 38 Tex. Tax Code §26.04(b)) 39 Tex. Tax Code §26.04(h), (h-1) and (h-2) 4,727,128 0 0 3,284,522 1,442,606 211,186 1,231,420 100.00 100.17 97.53 99.29 100.00 1,231,420 2,877,565,448 0.042793 0.235973 0.000000 Page 130 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 8 SECTION 3: Adjustments for Additional Sales Tax to Reduce Property Taxes Cities, counties and hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election must approve imposing or abolishing the additional sales tax. If approved, the taxing unit must reduce its NNR and voter-approval tax rates to offset the expected sales tax revenue. This section should only be completed by a county, city or hospital district that is required to adjust its NNR tax rate and/or voter-approval tax rate because it adopted the additional sales tax. Line Additional Sales and Use Tax Worksheet Amount/Rate 52. Taxable Sales. For taxing units that adopted the sales tax in November of the prior tax year or May of the current tax year, enter the Comptroller’s estimate of taxable sales for the previous four quarters.40 Estimates of taxable sales may be obtained through the Comptroller’s Allocation Historical Summary webpage. Taxing units that adopted the sales tax before November of the prior year, enter 0. $ _____________ 53. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of estimated sales tax revenue. 41 Taxing units that adopted the sales tax in November of the prior tax year or in May of the current tax year. Multiply the amount on Line 52 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95. 42 - or - Taxing units that adopted the sales tax before November of the prior year. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. $ _____________ 54. Current year total taxable value. Enter the amount from Line 22 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 55. Sales tax adjustment rate. Divide Line 53 by Line 54 and multiply by $100. $ __________/$100 56. Current year NNR tax rate, unadjusted for sales tax.43 Enter the rate from Line 27 or 28, as applicable, on the No-New-Revenue Tax Rate Worksheet. $ __________/$100 57. Current year NNR tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November the prior tax year or in May of the current tax year. Subtract Line 55 from Line 56. Skip to Line 58 if you adopted the additional sales tax before November of the prior tax year. $ __________/$100 58. Current year voter-approval tax rate, unadjusted for sales tax.44 Enter the rate from Line 50, Line D50 (disaster) or Line 51 (counties) as applicable, of the M&O and Debt Tax Rate Worksheet. $ __________/$100 59. Current year voter-approval tax rate, adjusted for sales tax. Subtract Line 55 from Line 58. $ __________/$100 SECTION 4: Adjustment for Pollution Control A taxing unit may raise its rate for M&O funds used to pay for a facility, device or method for the control of air, water or land pollution. This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or installed wholly or partly to meet or exceed pollution control requirements. The taxing unit’s expenses are those necessary to meet the requirements of a permit issued by the Texas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax assessor with a copy of the TCEQ letter of determination that states the portion of the cost of the installation for pollution control. This section should only be completed by a taxing unit that uses M&O funds to pay for a facility, device or method for the control of air, water or land pollution. Line Adjustment for Pollution Control Requirements Worksheet Amount/Rate 60. Certified expenses from the Texas Commission on Environmental Quality (TCEQ). Enter the amount certified in the determination letter from TCEQ. 45 The taxing unit shall provide its tax assessor-collector with a copy of the letter. 46 $ _____________ 61. Current year total taxable value. Enter the amount from Line 22 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 62. Additional rate for pollution control. Divide Line 60 by Line 61 and multiply by $100. $ __________/$100 63. Current year voter-approval tax rate, adjusted for pollution control. Add Line 62 to one of the following lines (as applicable): Line 50, Line D50 (disaster), Line 51 (counties) or Line 59 (taxing units with the additional sales tax). $ __________/$100 40 Tex. Tax Code §26.041(d) 41 Tex. Tax Code §26.041(i) 42 Tex. Tax Code §26.041(d) 43 Tex. Tax Code §26.04(c) 44 Tex. Tax Code §26.04(c) 45 Tex. Tax Code §26.045(d) 46 Tex. Tax Code §26.045(i) 0 1,089,090 2,877,565,448 0.037847 0.206222 0.206222 0.235973 0.198126 0 2,877,565,448 0.000000 0.198126 Page 131 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 9 SECTION 5: Unused Increment Rate The unused increment rate is the rate equal to the sum of the prior 3 years Foregone Revenue Amounts divided by the current taxable value. 47 The Foregone Revenue Amount for each year is equal to that year’s adopted tax rate subtracted from that year’s voter-approval tax rate adjusted to remove the unused increment rate multiplied by that year’s current total value. 48 The difference between the adopted tax rate and adjusted voter-approval tax rate is considered zero in the following scenarios: • a tax year in which a taxing unit affected by a disaster declaration calculates the tax rate under Tax Code Section 26.042; 49 • a tax year in which the municipality is a defunding municipality, as defined by Tax Code Section 26.0501(a); 50 or • after Jan. 1, 2022, a tax year in which the comptroller determines that the county implemented a budget reduction or reallocation described by Local Government Code Section 120.002(a) without the required voter approval. 51 This section should only be completed by a taxing unit that does not meet the definition of a special taxing unit. 52 Line Unused Increment Rate Worksheet Amount/Rate 64. Year 3 Foregone Revenue Amount. Subtract the 2025 unused increment rate and 2025 actual tax rate from the 2025 voter-approval tax rate. Multiply the result by the 2025 current total value A. Voter-approval tax rate (Line 69) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Unused increment rate (Line 68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Subtract B from A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Adopted Tax Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. Subtract D from C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. 2025 Total Taxable Value (Line 61) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Multiply E by F and divide the results by $100. If the number is less than zero, enter zero. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 $ __________/$100 $ __________/$100 $ __________/$100 $ __________/$100 $ _____________ $ _____________ 65. Year 2 Foregone Revenue Amount. Subtract the 2024 unused increment rate and 2024 actual tax rate from the 2024 voter-approval tax rate. Multiply the result by the 2024 current total value A. Voter-approval tax rate (Line 68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Unused increment rate (Line 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Subtract B from A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Adopted Tax Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. Subtract D from C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. 2024 Total Taxable Value (Line 60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Multiply E by F and divide the results by $100. If the number is less than zero, enter zero. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 $ __________/$100 $ __________/$100 $ __________/$100 $ __________/$100 $ _____________ $ _____________ 66. Year 1 Foregone Revenue Amount. Subtract the 2023 unused increment rate and 2023 actual tax rate from the 2023 voter-approval tax rate. Multiply the result by the 2023 current total value A. Voter-approval tax rate (Line 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Unused increment rate (Line 66) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Subtract B from A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Adopted Tax Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. Subtract D from C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. 2023 Total Taxable Value (Line 60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Multiply E by F and divide the results by $100. If the number is less than zero, enter zero. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________/$100 $ __________/$100 $ __________/$100 $ __________/$100 $ __________/$100 $ _____________ $ _____________ 67. Total Foregone Revenue Amount. Add Lines 64G, 65G and 66G $ __________________ 68. 2026 Unused Increment Rate. Divide Line 67 by Line 22 of the No-New-Revenue Rate Worksheet. Multiply the result by 100 $ __________/$100 69. Total 2026 voter-approval tax rate. Add Line 68 to one of the following lines (as applicable): Line 50, Line D50 (only if Line D42(B) was used), Line 51 (counties), Line 59 (taxing units with additional sales tax) or Line 63 (taxing units with pollution) $ __________/$100 47 Tex. Tax Code §26.013(b) 48 Tex. Tax Code §26.013(a)(1-a), (1-b), and (2) 49 Tex. Tax Code §§26.04(c)(2)(A) and 26.042(a) 50 Tex. Tax Code §26.0501(a) and (c) 51 Tex. Local Gov’t Code §120.007(d) 52 Tex. Local Gov’t Code §26.04(c)(2)(B) 0.205756 0.018402 0.187354 0.185000 0.002354 2,538,779,519 59,762 0.210692 0.042031 0.168661 0.167880 0.000781 2,435,517,403 19,021 0.187860 0.000000 0.187860 0.167880 0.019980 2,243,124,027 448,176 526,959 0.018312 0.216438 Page 132 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 10 SECTION 6: De Minimis Rate The de minimis rate is the rate equal to the sum of the no-new-revenue maintenance and operations rate, the rate that will raise $500,000, and the current debt rate for a taxing unit. 53 This section should only be completed by a taxing unit that is a municipality of less than 30,000 or a taxing unit that does not meet the definition of a special taxing unit. 54 Line De Minimis Rate Worksheet Amount/Rate 70. Adjusted current year NNR M&O tax rate. Enter the rate from Line 40 of the M&O and Debt Tax Rate Worksheet. $ __________/$100 71. Current year total taxable value. Enter the amount on Line 22 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 72. Rate necessary to impose $500,000 in taxes. Divide $500,000 by Line 71 and multiply by $100. $ __________/$100 73. Current year debt rate. Enter the rate from Line 49 of the M&O and Debt Tax Rate Worksheet. $ __________/$100 74. De minimis rate. Add Lines 70, 72 and 73. $ __________/$100 SECTION 7: Adjustment for Emergency Revenue Rate In the tax year after the end of the disaster calculation time period detailed in Tax Code Section 26.042(a), a taxing unit that calculated its voter-approval tax rate in the manner provided for a special taxing unit due to a disaster must calculate its emergency revenue rate and reduce its voter-approval tax rate for that year. 55 This section will apply to a taxing unit other than a special taxing unit that: • directed the designated officer or employee to calculate the voter-approval tax rate of the taxing unit in the manner provided for a special taxing unit in the prior year; and • the current year is the first tax year in which the total taxable value of property taxable by the taxing unit as shown on the appraisal roll for the taxing unit submitted by the assessor for the taxing unit to the governing body exceeds the total taxable value of property taxable by the taxing unit on January 1 of the tax year in which the disaster occurred or the disaster occurred four years ago. Note: This section does not apply if a taxing unit is continuing to calculate its voter-approval tax rate in the manner provided for a special taxing unit because it is still within the disaster calculation time period detailed in Tax Code Section 26.042(a) because it has not met the conditions in Tax Code Section 26.042(a)(1) or (2). Line Emergency Revenue Rate Worksheet Amount/Rate 75. 2025 adopted tax rate. Enter the rate in Line 4 of the No-New-Revenue Tax Rate Worksheet. $ __________/$100 76. Adjusted 2025 voter-approval tax rate. Use the taxing unit’s Tax Rate Calculation Worksheets from the prior year(s) to complete this line. 56 If a disaster occurred in 2025 and the taxing unit calculated its 2025 voter-approval tax rate using a multiplier of 1.08 on Disaster Line 42 (D42) of the 2025 worksheet due to a disaster, complete the applicable sections or lines of Form 50-856-a, Adjusted Voter-Approval Tax Rate for Taxing Units in Disaster Area Calculation Worksheet. - or - If a disaster occurred prior to 2025 for which the taxing unit continued to calculate its voter-approval tax rate using a multiplier of 1.08 on Disaster Line 42 (D42) in 2025, complete form 50-856-a, Adjusted Voter-Approval Tax Rate for Taxing Units in Disaster Area Calculation Worksheet to recalculate the voter-approval tax rate the taxing unit would have calculated in 2025 if it had generated revenue based on an adopted tax rate using a multiplier of 1.035 in the years following the disaster. 57 Enter the final adjusted 2025 voter-approval tax rate from the worksheet. $ __________/$100 77. Increase in 2025 tax rate due to disaster. Subtract Line 76 from Line 75. $ __________/$100 78. Adjusted 2025 taxable value. Enter the amount in Line 14 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 79. Emergency revenue. Multiply Line 77 by Line 78 and divide by $100. $ _____________ 80. Adjusted current year taxable value. Enter the amount in Line 26 of the No-New-Revenue Tax Rate Worksheet. $ _____________ 81. Emergency revenue rate. Divide Line 79 by Line 80 and multiply by $100. 58 $ __________/$100 82. Current year voter-approval tax rate, adjusted for emergency revenue. Subtract Line 81 from one of the following lines (as applicable): Line 50, Line D50 (disaster), Line 51 (counties), Line 59 (taxing units with the additional sales tax), Line 63 (taxing units with pollution control) or Line 69 (taxing units with the unused increment rate). $ __________/$100 53 Tex. Tax Code §26.012(8-a) 54 Tex. Tax Code §26.063(a)(1) 55 Tex. Tax Code §26.042(b) 56 Tex. Tax Code §26.042(c) 57 Tex. Tax Code §26.042(b) 58 Tex. Tax Code §26.042(b) 0.147643 2,877,565,448 0.017375 0.042793 0.207811 0.185000 0 0.000000 2,797,412,988 0 2,602,903,354 0.000000 0.216438 Page 133 2026 Tax Rate Calculation Worksheet – Taxing Units Other Than School Districts or Water Districts Form 50-856 For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 11 SECTION 8: Total Tax Rate Indicate the applicable total tax rates as calculated above. No-new-revenue tax rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As applicable, enter the current year NNR tax rate from: Line 27, Line 28 (counties), or Line 57 (adjusted for sales tax). Indicate the line number used: ______ Voter-approval tax rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As applicable, enter the current year voter-approval tax rate from: Line 50, Line D50 (disaster), Line 51 (counties), Line 59 (adjusted for sales tax), Line 63 (adjusted for pollution control), Line 69 (adjusted for unused increment), or Line 82 (adjusted for emergency revenue). Indicate the line number used: ______ De minimis rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If applicable, enter the current year de minimis rate from Line 74. $ __________/$100 $ __________/$100 $ __________/$100 SECTION 9: Addendum An affected taxing unit that enters an amount described by Tax Code Section 26.012(6)(C) in line 21 must include the following as an addendum: 1. Documentation that supports the exclusion of value under Tax Code Section 26.012(6)(C); and 2. Each statement submitted to the designated officer or employee by the property owner or entity as required by Tax Code Section 41.48(c)(2) for that tax year. Insert hyperlinks to supporting documentation: SECTION 10: Taxing Unit Representative Name and Signature Enter the name of the person preparing the tax rate as authorized by the governing body of the taxing unit. By signing below, you certify that you are the designated officer or employee of the taxing unit and have accurately calculated the tax rates using values that are the same as the values shown in the taxing unit’s certified appraisal roll or certified estimate of taxable value, in accordance with requirements in the Tax Code. 59 ____________________________________________________________ Printed Name of Taxing Unit Representative ____________________________________________________________ ________________________________________ Taxing Unit Representative Date 59 Tex. Tax Code §26.04(c-2) and (d-2) 0.206222 27 0.216438 69 0.207811 Andy Nguyen for Rick Barnes, Tarrant County Tax Assessor-Collector Andy Nguyen (08/10/2026 13:55:56 CDT)08/10/2026 Page 134 DATE: August 18, 2026 AGENDA ITEM NO: J.2. FROM: Wade Carroll, Town Manager, Town Manager's Office SUBJECT: Discuss, consider and act regarding Ordinance 1048 to adopt and approve amendments to provisions in Section 2.164 of the Town of Westlake Code of Ordinances entitled "Town Attorney" to authorize the Town Manager to select and to retain special counsel, subject to approval by Town Council. ATTACHMENTS: 1. Exhibit A - Ordinance 1048 as Proposed 2. Exhibit B - Redlined Code Section 2.164 SUMMARY : The purpose of this item is to allow the Town Manager, subject to approval by the Town Council, to select and to retain special counsel as appropriate (e.g., human resources matters, land use matters, economic development matters, et cetera). The text amendments are intended to support and enhance the legal advice, guidance, and opinions as provided by the Town Attorney and to ensure that the Town remains agile and capable of responding to multiple legal demands within short periods of time. The Office of the Town Manager recommends approval. BACKGROUND AND DISCUSSION: The Town Council adopted Ordinance No. 857 on June 18, 2018, that amended and reorganized the chapters and the sections of the Town's Code of Ordinances concerning certain officers (e.g., the Town Manager, the Town Secretary, the Town Attorney, et cetera) and clarified appointments and removals, reporting and compensation, and responsibilities. This amendment, as proposed, is intended to allow the Town Manager to select and to retain special counsel as appropriate to support and to enhance the legal guidance provided by the Town Attorney appointed by Council. Further, it will allow the Town Manager to respond to multiple matters requiring immediate legal review and guidance in specialized fields. However, the Town Manager may not select and retain special counsel whose fees would exceed the Town Manager's spending authority. FISCAL IMPACT: The General Fund. Town Council/Board of Trustees AGENDA ITEM REPORT Page 135 LEGAL REVIEW: Yes RECOMMENDATION: The Office of the Town Manager recommends adoption of Ordinance 1048 approving text amendments as presented. ACTION OPTIONS: Motion to Approve as Presented Motion to Deny Motion to Approve with Changes/Conditions Motion to Continue or Table Page 136 PAGE 1 OF 4 TOWN OF WESTLAKE the Town of Westlake, Texas (the “Town”) is a general law municipality; and the Town adopted Ordinance 857 that reorganized the provisions set forth in Chapter 2 among other things on June 18, 2018; and the Town Council of the Town finds, that, with the rapid growth of the Town and the increased demands for legal counsel, that the Town Manager of the Town should be able to select and to retain special counsel that can review, can provide, and can prepare legal opinions as may be requested by the Town Council and the Town Manager in support of the Town Attorney; and the Town Council met on August 18, 2026 and reviewed and considered the proposed text amendment to Sec. 2-164 to the Code of Ordinances of the Town; and the Town Council of the Town, in compliance with the laws of the State of Texas with reference to the text amendments to the Code of Ordinances of the Town and gave the requisite public hearing notices by publication and, after holding due meeting in accordance with the Texas Open Meetings Act, is of the general opinion that the provisions found in Sec. 2-164 of the Town’s Code of Ordinances should be amended; and the Town Council believes the interests of the Town and its present and future residents to adopt this Ordinance; and Page 137 PAGE 2 OF 4 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 provisions found existing in Sec. 2-164 of the Code of Ordinances of the Town are hereby amended as provided below: Sec. 2-164. - Town attorney. (a) Appointment and removal. a. The town council shall appoint by the affirmative vote of a majority of the full membership of the town council a competent, duly qualified licensed and practicing attorney in the state who shall serve as the town attorney. b. The town attorney may be removed at the will and pleasure of the town council pursuant to the Local Government Code. (b) Responsibilities. a. Serve as the legal advisor to the town council and town manager; b. Represent the town in litigation and legal proceedings as directed by the town council and the town manager; and c. Review and provide opinions as requested by the town council or town manager on contracts, legal instruments, ordinances of the town and other town business. d. The town council, and the town manager with approval of the town council, shall have the right to select and to retain special counsel at any time that they may deem necessary and appropriate. However, the fees that may be incurred by the Town Manager for selecting and retaining special counsel shall not exceed the Town Manager’s spending authority. e. The town attorney and special counsel shall receive compensation as may be determined by the town council. Page 138 PAGE 3 OF 4 (c) The town attorney, with approval of the town council, may select additional attorneys to act for him or her and the town in its representation and/or litigation. SECTION 3: That all ordinances of the Town of Westlake, Texas that are 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 4: 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 Town’s Code of Ordinances as a whole. 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, 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. SECTION 6: 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 7: 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 18TH DAY OF AUGUST 2026. Page 139 PAGE 4 OF 4 _______________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Matthew C. G. Boyle, Town Attorney Page 140 PAGE 1 OF 4 TOWN OF WESTLAKE the Town of Westlake, Texas (the “Town”) is a general law municipality; and the Town adopted Ordinance 857 that reorganized the provisions set forth in Chapter 2 among other things on June 18, 2018; and the Town Council of the Town finds, that, with the rapid growth of the Town and the increased demands for legal counsel, that the Town Manager of the Town should be able to select and to retain special counsel that can review, can provide, and can prepare legal opinions as may be requested by the Town Council and the Town Manager in support of the Town Attorney; and the Town Council met on August 18, 2026 and reviewed and considered the proposed text amendment to Sec. 2-164 to the Code of Ordinances of the Town; and the Town Council of the Town, in compliance with the laws of the State of Texas with reference to the text amendments to the Code of Ordinances of the Town and gave the requisite public hearing notices by publication and, after holding due meeting in accordance with the Texas Open Meetings Act, is of the general opinion that the provisions found in Sec. 2-164 of the Town’s Code of Ordinances should be amended; and the Town Council believes the interests of the Town and its present and future residents to adopt this Ordinance; and Page 141 PAGE 2 OF 4 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 provisions found existing in Sec. 2-164 of the Code of Ordinances of the Town are hereby amended as provided below: Sec. 2-164. - Town attorney. (a) Appointment and removal. a. The town council shall appoint by the affirmative vote of a majority of the full membership of the town council a competent, duly qualified licensed and practicing attorney in the state who shall serve as the town attorney. b. The town attorney may be removed at the will and pleasure of the town council pursuant to the Local Government Code. (b) Responsibilities. a. Serve as the legal advisor to the town council and town manager; b. Represent the town in litigation and legal proceedings as directed by the town council and the town manager; and c. Review and provide opinions as requested by the town council or town manager on contracts, legal instruments, ordinances of the town and other town business. d. The town council, and the town manager with approval of the town council, shall have the right to select and to retain special counsel at any time that it they may deem necessary and appropriate. However, the fees that may be incurred by the Town Manager for selecting and retaining special counsel shall not exceed the Town Manager’s spending authority. e. The town attorney and special counsel shall receive compensation as may be determined by the town council. Page 142 PAGE 3 OF 4 (c) The town attorney, with approval of the town council, may select additional attorneys to act for him or her and the town in its representation and/or litigation. SECTION 3: That all ordinances of the Town of Westlake, Texas that are 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 4: 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 Town’s Code of Ordinances as a whole. 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, 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. SECTION 6: 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 7: 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 18TH DAY OF AUGUST 2026. Page 143 PAGE 4 OF 4 _______________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Matthew C. G. Boyle, Town Attorney Page 144