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.
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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
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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.
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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.
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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%
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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(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.
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_______________________________
Kim Greaves, Mayor
ATTEST:
_______________________________
Dianna Buchanan, Town Secretary
APPROVED AS TO FORM:
_______________________________
Matthew C. G. Boyle, Town Attorney
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