HomeMy WebLinkAbout04-28-14 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
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TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
April 28, 2014
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Workshop Session: 5:00 p.m.
Regular Session: 6:30 p.m.
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Work Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE APRIL 28, 2014, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
4. REPORTS are prepared for informational purposes and will be accepted as presented.
(there will be no presentations associated with the report items) There will be no separate
discussion unless a Council Member requests that report be removed and considered
separately.
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects
for the Quarter ended March 31, 2014.
5. DISCUSSION ITEMS
a. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections including the proposed amendment
to the Guarantee Maximum Price (GMP). (15 min)
b. Standing Item: Update and discussion regarding the Granada and Entrada
Developments including the Entrada Public Improvement District (PID). (15 min)
c. Discussion of Emergency Preparedness; Capital Improvement Project – Outdoor
Warning System. (15 min)
6. EXECUTIVE SESSI ON
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1). Maguire
Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
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legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. COUNCIL RECAP / STAFF DIRECTION
10. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens
to address the Council on any matter whether or not it is posted on the agenda. The
Council cannot by law take action nor have any discussion or deliberations on any
presentation made to the Council at this time concerning an item not listed on the agenda.
The 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.
Arbor Day, National Day of Prayer, Public Service Recognition Week and Teacher & Staff
Appreciation Week proclamations.
3. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the March 24, 2014, meeting.
b. Consider approval of Resolution 14-15, Amending the Municipal Mission,
Vision and Value Statements.
c. Consider approval of Resolution 14-16, Amending the Guaranteed Maximum
Price (GMP) of $8,431,439.18 to $8,631,439.18 with Steele & Freeman, Inc., for
Phase I of the Westlake Academy Campus Expansion Project and authorize
Town Manager to make funding changes not to exceed $25,000.00 on this
project.
d. Consider approval of Resolution 14-17, Approving approve an Interlocal
Participation Agreement with The Local Government Purchasing Cooperative.
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4. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect described by Subdivision (1). Maguire Partners-
Solana Land, L.P., related to Centurion’s development known as Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
5. RECONVENE MEETING
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
8. COUNCIL CALENDAR
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9. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
April 23, 2014, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the March 24, 2014, meeting.
b. Consider approval of Resolution 14-15, Amending the Municipal Mission,
Vision and Value Statements.
c. Consider approval of Resolution 14-16, Amending the Guaranteed Maximum
Price (GMP) of $8,431,439.18 to $8,631,439.18 with Steele & Freeman, Inc.,
for Phase I of the Westlake Academy Campus Expansion Project and authorize
Town Manager to make funding changes not to exceed $25,000.00 on this
project.
d. Consider approval of Resolution 14-17, Approving approve an Interlocal
Participation Agreement with The Local Government Purchasing Cooperative.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital
Projects for the Quarter ended March 31, 2014.
Town of Westlake
Item # 4–
Reports
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estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, April 28, 2014
TOPIC: Report of Quarterly Financial Dashboard and Analysis as well as Capital
Projects for the Quarter ended March 31, 2014
STAFF CONTACT: Debbie Piper, Finance Director
DECISION POINTS
Start Date Completion Date
Timeframe: N/A N/A
Funding: Amount - N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship
FS.Maintain Excellence in
Reporting and Financial
Standards
Strategic Issue Outcome
Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
5. Budget according
to established
service level
provisions within
departments.
SA 05.2: Continually Monitor
Revenue and Expenditures
Strategy Map or VVM Connection
Strategic Issue Connection
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EXECUTIVE SUMMARY
The 2nd quarter “Dashboard” reports and “Analysis” for the FY 2013-2014 are attached. Our
goal is to have a concise and easy to understand document regarding the financials of our three
(3) major funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining
funds are a function of transfers in, related expenditures and transfers out; therefore, we have not
prepared quarterly reports for these funds.
We have also included an additional report related to the capital projects year-to-date expenses as
well as an update of the projects.
Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”,
beside several revenue line items. The “A” indicates that specific “YTD Actual” line-items are
based on the accrual method. This means that revenue received after 3/31/14 but related to that
specific quarter, i.e. sales tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD
Actual” for comparison to the budget. The “YTD Budget” is based on 3 months out of the 12
month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual
receipts.
In addition to accruing the water revenue receipts for the “YTD Actual”, the YTD Budget”
calculation has been changed from 3 months of the 12 month period to a much better
representation o f that fund’s revenue. Because the majority of the water revenue is received in
the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based
on the percentage of revenues received for the first three months of the prior year.
In review, these quarterly reports contain a “dashboard” display complete with major revenue
and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals”
at 3/31/14 has been presented. The color green obviously means that we are good in those
specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between
these two areas show up as yellow (cautionary) or red (critical).
A summary is presented at the bottom of each fund page indicating the net revenues over (under)
expenditures along with the projected ending fund balances for the Adopted Budget, YTD
Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance
have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that
we will strive to maintain 90 days of operations.
Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard”
report. All “cautionary” and “critical” items are detailed with explanations of the variances. I
have explained several of the line-items that were greater (green) in revenue than we anticipated
helping you understand what specifically happened with that revenue line-item. I have also
prepared explanations for several expenditures that were considerably under budget so you may
see why these funds have not been expended. Included in each explanation you will find a
number that reflects the exact variance in that department/line-item.
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ORGANIZATIONAL HISTORY/RECOMMENDATION
This report is being provided in keeping with the strategic plan which encourages financial
stewardship that is transparent and timely.
ATTACHMENTS
Quarterly Financial Dashboard and Analysis for the Quarter Ended 3/31/14 for the following
funds:
• General Fund
• Visitors Association Fund
• Utility Fund
Capital Improvements Update
TOWN OF WESTLAKE
General Fund
Quarterly Financial Dashboard
Quarter Ended 03/31/14
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
A General Sales Tax 1,791,747 3,150,000 1,570,685 1,601,805 102%31,120
A%Property Tax 98%1,215,442 1,189,825 1,169,110 1,065,085 91%(104,025)
A Franchise Fees 369,042 650,388 324,303 298,073 92%(26,230)
Permits and Fees 325,926 786,000 391,923 362,122 92%(29,802)
Fines & Forfeitures 340,994 570,000 284,219 302,242 106%18,023
A Misc Income 73,396 110,429 55,063 52,189 95%(2,874)
Total Revenues 4,116,547 6,456,641 3,795,303 3,681,517 97%(113,787)
Other Sources - Transfers In 21,210 50,520 25,191 29,968 119%4,777
4,137,757$ 6,507,161$ 3,820,494$ 3,711,485$ 97%(109,009)$
A Based on accrual method
% Based on % of PY Actual at quarter-end
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
Payroll & Related Taxes, Insurance 1,057,225 2,461,043 1,227,150 1,126,752 92%(100,399)
Operations & Maintenance 1,072,793 2,730,026 1,361,273 1,145,578 84%(215,695)
Total Expenditures 2,130,018 5,191,069 2,588,424 2,272,330 88%(316,093)
Other Uses - Transfers Out 781,344 1,716,531 855,914 871,207 102%15,292
2,911,362$ 6,907,600$ 3,444,338$ 3,143,537$ 91%(300,801)$
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter
Actual Budget Budget Actual
4,137,757 6,507,161 3,820,494 3,711,485
2,911,362 6,907,600 3,444,338 3,143,537
1,226,395$ (400,439)$ 376,156$ 567,948$
4,383,390 5,812,583 5,812,583 5,812,583
Ending Fund Balance 5,609,785$ 5,412,143$ 6,188,739$ 6,380,531$
269,363 283,249 283,249 270,057
Unrestricted Fund Balance 5,340,422$ 5,128,894 5,905,490 6,110,474$
# of Operating Days 389 292 348
Daily Operating Cost 13,720$ 17,555$ 17,555$
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Beginning Fund Balance
Restricted Funds
Total Revenues and Other Sources
Total Expenditures and Other Uses
DASHBOARD VARIANCE
DASHBOARD VARIANCE
FY 13/14 ADOPTED BUDGET
REVENUES AND OTHER SOURCES
SUMMARY
Total Expenditures and Other Uses
FY 13/14 ADOPTED BUDGET
FY 13/14 ADOPTED BUDGET
EXPENDITURES AND OTHER USES
Total Revenues and Other Sources
**
Positive >90%
Cautious 70% - 90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 100% - 110%
Negative >110%
Expenditure Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and Appointed,
exhibit Respect,
Stewardship, Vision,
and Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
1
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-14
GENERAL FUND
TOTAL REVENUES AND OTHER SOURCES
o YTD ADOPTED BUDGET $3,820,494
o YTD ACTUAL $3,711,485
o PERCENT OF BUDGET 97%
o OVER(UNDER) BUDGET $109,009
GENERAL SALES TAX INCOME
o YTD Adopted Budget $1,570,685
o YTD Actual $1,601,905
o Percent of Budget 102%
o Over(Under) Budget ($31,120)
Sales tax revenues are received from the State two months after paid. Because
the Town is on a modified accrual basis, we are able to recognize these revenues
when earned; therefore, we recognize revenues we received in October and
November in the prior year FY12/13.
We have only received five months of revenues for the first two quarters
• Mar payment to be received in May - prior FY was $335,088
PROPERTY TAX INCOME
o YTD Adopted Budget $1,169,110
o YTD Actual $1,065,085
o Percent of Budget 91%
o Over(Under) Budget ($104,025)
Income will not be distributed evenly over the fiscal year
Majority of taxes will be received within 1st and 2nd quarters
FRANCHISE FEE INCOME
o YTD Adopted Budget $324,303
o YTD Actual $298,073
o Percent of Budget 92%
o Over(Under) Budget ($26,230)
2nd quarter payments have not been received yet
• AT&T - Received $74,980 in 2nd quarter PY
• Misc. Franchise Fees – Received $11,731 in 2nd quarter PY
2
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-14
GENERAL FUND
PERMITS AND FEES
o YTD Adopted Budget $391,923
o YTD Actual $362,122
o Percent of Budget 92%
o Over(Under) Budget ($29,802)
Majority is from Dept 12 Planning and Development – under budget $20,498
This amount is comprised of Grading and Excavation fees, Building Permit
Revenues, Gas Well Misc. fees and Engineer Review/Civil fees.
MISC INCOME
o YTD Adopted Budget $55,053
o YTD Actual $52,189
o Percent of Budget 95%
o Over(Under) Budget ($2,874)
2nd quarter Beverage Tax income has not been received yet
• Received $8,965 in 2nd quarter PY
OTHER SOURCES – TRANSFER IN
o YTD Adopted Budget $25,191
o YTD Actual $29,968
o Percent of Budget 119%
o Over(Under) Budget $4,777
Transfers in from Utility Fund for Fort Worth Water Impact Fees
This transfer works in correlation with new home starts. Building permits may be
issued in the prior year, but request meters/taps in the current year.
3
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-14
GENERAL FUND
E XPENDITURES AND OTHER USES
o YTD ADOPTED BUDGET $3,444,338
o YTD ACTUAL $3,143,537
o PERCENT OF BUDGET 91%
o OVER(UNDER) BUDGET ($300,801)
PAYROLL WAGES & RELATED TAXES & INSURANCE
o YTD Adopted Budget $1,227,150
o YTD Actual $1,126,752
o Percent of Budget 92%
o Over(Under) Budget ($100,399)
Employee increases are based on anniversary dates (and some have not received
their annual increase yet) this amount will increase as the year goes on.
This cost is also affected by employee taxes and insurances costs and will fluctuate
as policies change; medical, dental, life, workers comp, unemployment
The majority of this variance ($95,997) is a result of the Fire/EMS department
being understaffed by two full time positions.
OPERATIONS AND MAINTENANCE
o YTD Adopted Budget is $1,361,273
o YTD Actual is $1,145,578
o Percent of Budget 84%
o Over(Under) Budget ($215,695)
The large portion of the variance ($211,267) is due to service expenditures
being under budget for the first two quarters. As the year progresses, these
expenditures should balance out.
• Legal/Legislative Fees ($66,456)
• Contract Services ($81,392)
• Training/Meeting/Seminars ($22,972)
• Travel Expenditures ($14,571)
• All Other Service Expenditures($25,876)
4
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-14
GENERAL FUND
OTHER USES - TRANSFERS OUT
o YTD Adopted Budget $855,914
o YTD Actual $871,207
o Percent of Budget 102%
o Over(Under) Budget $15,292
Represents a Transfers Out to the Economic Development Fund regarding
Fidelity II - transferred total amount of $35,758 during 1st quarter of the fiscal
year
5
TOWN OF WESTLAKE
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
A Hotel Occupancy Tax 356,204 700,000 349,041 307,859 88%(41,182)
Misc Income 12,004 21,550 10,745 5,168 48%(5,578)
368,208$ 721,550$ 359,787$ 313,026$ 87%(46,760)$
A Based on accrual method
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
Operations & Maintenance 82,967 248,945 124,131 106,367 86%(17,764)
Operating Transfers for Payroll 119,965 286,107 142,661 123,461 87%(19,201)
Total Expenditures 202,932 535,052 266,793 229,828 86%(36,965)
Other Uses - Transfers Out 46,315 164,720 82,134 135,385 165%53,251
249,247$ 699,772$ 348,927$ 365,213$ 105%16,286$
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter
Actual Budget Budget Actual
368,208 721,550 359,787 313,026
249,247 699,772 348,927 365,213
118,961$ 21,778$ 10,859$ (52,187)$
1,052,547 1,026,639 1,026,639 1,026,639
Ending Fund Balance 1,171,508$ 1,048,417$ 1,037,498$ 974,452$
151,700 164,450 164,450 35,575
Assigned Fund Balance 1,019,808$ 883,967$ 873,048$ 938,877$
# of Operating Days 533 461 490
Daily Operating Costs 1,915$ 1,918$ 1,918$
Quarter Ended 03/31/14
Quarterly Financial Dashboard
DASHBOARD VARIANCE
DASHBOARD VARIANCEFY 13/14 ADOPTED BUDGET
FY 13/14 ADOPTED BUDGET
SUMMARY
Beginning Fund Balance
Restricted Funds
Visitors Association Fund
Total Revenues and Other Sources
Total Expenditures and Other Uses
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Total Expenditures and Other Uses
Total Revenues and Other Sources
EXPENDITURES AND OTHER USES
REVENUES AND OTHER SOURCES
FY 13/14 ADOPTED BUDGET
Positive >90%
Cautious 70% - 90%
Negative <70%
Color Legend
Positive <100%
Cautious 100% -110%
Negative >110%
Color Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and Appointed,
exhibit Respect,
Stewardship, Vision,
and Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
6
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-14
VISITORS ASSOCIATION FUND
TOTAL REVENUES AND OTHER SOURCES
o YTD ADOPTED BUDGET $359,787
o YTD ACTUAL $313,026
o PERCENT OF BUDGET 87%
o OVER(UNDER) BUDGET ($46,760)
HOTEL OCCUPANCY TAX
o YTD Adopted Budget $349,041
o YTD Actual $307,859
o Percent of Budget 88%
o Over(Under) Budget ($41,182)
March Hotel Tax has not been received yet.
Prior Year March revenues were $57,676
MISCELLANEOUS INCOME
o YTD Adopted Budget $10,745
o YTD Actual $5,168
o Percent of Budget 48%
o Over(Under) Budget ($5,578)
This income represents revenues from sponsorships, donations and special events
from the Historical Board, Public Arts and Arbor Days. These events will occur
later in the fiscal year and revenues should be received at that time.
7
Town of Westlake
Dashboard Analysis for Quarter Ended 03-31-14
VISITORS ASSOCIATION FUND
TOTAL EXPENDITURES AND OTHER USES
o YTD ADOPTED BUDGET $348,927
o YTD ACTUAL $365,213
o PERCENT OF BUDGET 105%
o OVER(UNDER) BUDGET - $16,286
OPERATIONS AND MAINTENANCE
o YTD Adopted Budget $124,131
o YTD Actual $106,367
o Percent of Budget 86%
o Over(Under) Budget ($17,764)
Largest portion is due to Dept. 22 Communications and Community Affairs –
under budget $14,824 - includes Masterworks, Marketing and Promotions, etc.
that will be expended by year-end.
OPERATING TRANSFERS FOR PAYROLL
o YTD Adopted Budget $142,661
o YTD Actual $123,461
o Percent of Budget 87%
o Over(Under) Budget ($19,201)
Amount transferred is in direct relation to payroll costs; because employees’
adjustments are based on anniversary dates (and some have not received their
adjustment yet) this amount will increase as the year goes on.
This cost is also affected by employee taxes and insurances costs and will fluctuate
as policies change; medical, dental, life, workers comp, unemployment
OTHER USES - TRANSFERS OUT
o YTD Adopted Budget $82,134
o YTD Actual $135,385
o Percent of Budget 165%
o Over(Under) Budget $53,251
Timing difference regarding the Transfers Out to the Debt Service Fund for Series
2013 General Obligation Refunding 2008 Bonds. 100% will be expended by year-
end.
o Principal and interest payment of $128,875 made in February 2014
o Next payment of interest is due in August 2014
8
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
A%Water Revenues 722,460 2,112,000 657,051 601,212 92%(55,838)
Sewer/Waste Revenues 256,265 534,850 266,692 364,247 137%97,555
Tap/Impact Fee Revenues 26,250 60,750 30,292 42,308 140%12,016
Misc Revenues 34,578 198,004 98,731 39,696 40%(59,035)
Total Revenues 1,039,553 2,905,604 1,052,766 1,047,463 99%(5,302)
Other Sources - Transfers in 250,000 0 0 0 0%0
Total Other Sources 250,000 0 0 0 0%0
1,289,553$ 2,905,604$ 1,052,766$ 1,047,463$ 99%(5,302)$
A Based on accrual method
% Based on % of PY Actual at quarter-end
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter Actual vs over (under)
Actual Budget Budget Actual Adopted budget
A%Water Purchases 255,432 1,110,600 553,779 246,020 44%(307,759)
Operations & Maintenance 568,711 995,290 496,282 573,708 116%77,427
Capital Projects 131,741 1,486,164 741,046 607,790 80%(151,065)
Total Expenses 955,884 3,592,054 1,791,106 1,427,518 79%(381,397)
Operating Transfer Out for Payroll 110,258 321,554 160,336 132,964 83%(27,373)
Other Uses - Transfers Out 41,700 140,885 70,250 206,996 295%136,747
Total Other Uses 151,958 462,439 230,586 339,960 147%109,374
1,107,843$ 4,054,493$ 2,021,692$ 1,767,478$ 87%(272,023)$
FY 12/13 FY 13/14
2nd Quarter Annual 2nd Quarter 2nd Quarter
Actual Budget Budget Actual
1,289,553 2,905,604 1,052,766 1,047,463
1,107,843 4,054,493 2,021,692 1,767,478
181,711$ (1,148,889)$ (968,927)$ (720,015)$
4,998,271 4,981,870 4,981,870 4,981,870
Ending Fund Balance 5,179,982$ 3,832,981$ 4,012,943$ 4,261,855$
151,540 173,520 173,520 178,470
Unrestricted Fund Balance 5,028,442$ 3,659,461 3,839,423 4,083,385$
934,401 2,427,444 952,692
999 810 999
5,097$ 6,651$ 6,651$
31%
DASHBOARD VARIANCE
FY 13/14 ESTIMATED BUDGET
Total Revenues and Other Sources
DASHBOARD VARIANCE
REVENUES AND OTHER SOURCES
TOWN OF WESTLAKE
Total Expenses and Other Uses
Excess Revenues/Sources Over
(Under) Expenditures/Uses
Beginning Fund Balance
Restricted Funds
Total Revenues and Other Sources
Utility Fund - 500
Quarterly Financial Dashboard
Quarter Ended 03/31/14
FY 13/14 ESTIMATED BUDGET
FY 13/14 ESTIMATED BUDGET
Total Operating Expenses
# of Operating Days
Daily Operating Cost
SUMMARY
Total Expenditures and Other Uses
EXPENSES AND OTHER USES
26%
Positive >90%
Cautious 70% - 90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 101%- 110%
Negative >110%
Expense Legend
EXEMPLARY
GOVERNANCE
Town Officials, both
Elected and Appointed,
exhibit Respect,
Stewardship, Vision, and
Transparency
SERVICE
EXCELLENCE
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and
Financial Stewardship
9
Town of Westlake
Dashboard Analysis for Quarter Ending 03-31-14
UTILITY FUND
TOTAL REVENUES AND OTHER SOURCES
o YTD ADOPTED BUDGET $1,052,766
o YTD ACTUAL $1,047,463
o PERCENT OF BUDGET 99%
o OVER(UNDER) BUDGET ($5,302)
WATER REVENUES
o YTD Adopted Budget $657,051
o YTD Actual $601,212
o Percent of Budget 92%
o Over(Under) Budget ($55,838)
This total does not include March billing (will be processed April 23)
SEWER & WASTE REVENUES
o YTD Adopted Budget $266,692
o YTD Actual $364,247
o Percent of Budget 137%
o Over(Under) Budget $97,555
Sewer averages work in correlation with increased water usage and are based on
December, January and February consumption.
TAP/IMPACT FEE REVENUES
o YTD Adopted Budget $30,292
o YTD Actual $42,308
o Percent of Budget 140%
o Over(Under) Budget $12,016
These revenues are a direct reflection of new home starts with many building
permits being issued in the prior year but requesting meters/taps in the current
year.
MISC REVENUES
o YTD Adopted Budget $98,731
o YTD Actual $39,696
o Percent of Budget 40%
o Over(Under) Budget ($59,035)
Duct Bank Leases – under budget ($15,440) - Revenue will be recognized in
September 2014. Pertains to revenues received in prior years and is recorded in
“Deferred Revenue” until earned.
TRA Wastewater Settle-Up – under budget ($45,702) - Historically the Town has
received this revenue in June of each year.
10
Town of Westlake
Dashboard Analysis for Quarter Ending 03-31-14
UTILITY FUND
TOTAL EXPENDITURES
o YTD ADOPTED BUDGET $1,791,106
o YTD ACTUAL $1,427,389
o PERCENT OF BUDGET 80%
o OVER(UNDER) BUDGET ($381,397)
WATER PURCHASES
o YTD Adopted Budget $553,779
o YTD Actual $246,020
o Percent of Budget 44%
o Over(Under) Budget ($307,759)
Costs will increase during the summer billing months
This total does not include March consumption
o Prior year March = $45,073
OPERATIONS AND MAINTENANCE
o YTD Adopted Budget $496,282
o YTD Actual $573,618
o Percent of Budget 116%
o Over(Under) Budget $77,336
TRA Wastewater Treatment over budget $69,645 - TRA’s fiscal year begins
December 1st, while the Town’s fiscal year begins October 1st. At the time the
Town’s budget was drafted and presented, Town staff did not have TRA’s
information regarding Westlake’s annual wastewater treatment costs. TRA will
re-evaluate the Town’s actual flows for the prior six months and adjust our
payment accordingly in June for the remaining six months.
Consultant Fees over budget $10,775 – Payments for Petty and Associates
consultant fees are related to TCMUD.
.
CAPITAL PROJECTS
o YTD Adopted Budget $741,046
o YTD Actual $607,790
o Percent of Budget 80%
o Over(Under) Budget ($151,065)
See Capital Projects Update for more detail
o N1 Sewer Line Transfer – under budget $41,370
o Ground Storage Tank – under budget $109,695
11
Town of Westlake
Dashboard Analysis for Quarter Ending 03-31-14
UTILITY FUND
TOTAL OTHER USES
o YTD ADOPTED BUDGET $230,586
o YTD ACTUAL $339,960
o PERCENT OF BUDGET 147%
o OVER(UNDER) BUDGET $109,374
TRANSFERS OUT FOR PAYROLL
o YTD Adopted Budget $160,336
o YTD Actual $132,964
o Percent of Budget 83%
o Over(Under) Budget ($27,373)
Amount transferred is in direct relation to payroll costs; because employees’
adjustments are based on anniversary dates (and some have not received their
adjustment yet) this amount will increase as the year goes on.
This cost is also affected by employee taxes and insurances costs and will fluctuate
as policies change; medical, dental, life, workers comp, unemployment
OTHER USES - TRANSFERS OUT
o YTD Adopted Budget $70,250
o YTD Actual $206,996
o Percent of Budget 295%
o Over(Under) Budget $136,747
Transfers Out to Utility Maintenance Fund – over budget $120,089 – due to
expenses related to the sanitary lift station repairs and maintenance.
Amendment to be proposed.
12
Town of Westlake
Update for Quarter Ended 03-31-14
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: JARROD GREENWOOD
UTILITY FUND PROJECTS
Actuals Adopted Actuals PTD TOTAL FOR percent
PROJECT ACCOUNT DESCRIPTION ALL PYS FY 13-14 FY 13-14 Variance Expended ALL YEARS Complete
000030 N1 Sewer Line Transfer - 82,967 - (82,967) - 82,967 0%
000036 Ground Storage Tank 96,803 1,438,913 607,790 (831,123) 704,593 1,535,716 46%
TOTAL UF 500 96,803 1,521,880 607,790 (914,090) 704,593 1,618,683 44%
TRA ASSUMPTION OF N-1 SEWER LINE (PROJECT 30)
o FY 13/14 Adopted Budget: $82,967
o FY 13/14 YTD Actual: $0.00
o Project-to-Date Expended: $0.00
o Total Estimated Project Cost: $82,967
o Project Completion: 0%
With the mandatory repairs completed to reduce the amount of infiltration of rain into the Town’s
sanitary sewer system, staff is scheduled to meet with TRA and Southlake to discuss our next steps.
GROUND STORAGE TANK (PROJECT 36)
o FY 13/14 Adopted Budget: $1,438,913
o FY 13/14 YTD Actual: $607,790
o Project-to-Date Expended: $704,593
o Total Estimated Project Cost: $1,535,716
o Project Completion: 46%
The ground storage tank has been completely built! We are now waiting for the painters, which should
be within the next couple of weeks. In the meantime, the contractor is installing electrical equipment
and making the final connections to our existing water mains.
13
Town of Westlake
Update for Quarter Ended 03-31-14
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: JARROD GREENWOOD
TRANSPORATION PROJECTS
Actuals Adopted Actuals PTD Projection 3 YEAR TOTAL FOR percent
PROJ# ACCOUNT DESCRIPTION ALL PYS FY 13-14 FY 13-14 Variance Expended FY 14-15 FY 15-16 FY 16-17 TOTALS ALL YEARS Complete
000020 FM 1938 Streetscape/Wayfinding 1,060,355 1,133,544 189,414 (944,130) 1,249,769 739,100 253,100 61,056 1,053,256 3,247,155 38%
000030 SH 114/Hwy 170 Enhancements 231,933 390,940 - (390,940) 231,933 336,000 - 31,657 367,657 990,530 23%
1,292,288 1,524,484 189,414 (1,335,070) 1,481,702 1,075,100 253,100 92,713 1,420,913 4,237,686 35%
FM 1938 STREETSCAPE/WAYFINDING (PROJECT 20)
o FY 13/14 Adopted Budget: $1,133,544
o FY 13/14 YTD Actual: $189,414
o Project-to-Date Expended: $1,249,769
o Total Estimated Project Cost: $3,247,155
o Project Completion: 38%
MEDIANS
The contractor will be mobilizing within the next month to begin repairing the irrigation system and
replanting trees and plants. While we are still working on the schedule, we anticipate everything will be
completed in July.
PH 3 (ROW behind curb)
The contractor has been grading the area south of the pedestrian underpass in preparation for sidewalk
to be poured next week. The contractor has also been boring pipe across several streets for irrigation
and electrical.
SH 114/HWY 170 ENHANCEMENTS (PROJECT 30)
o FY 13/14 Adopted Budget: $390,940
o FY 13/14 YTD Actual: $0.00
o Project-to-Date Expended: $231,933
o Total Estimated Project Cost: $990,530
o Project Completion: 23%
Staff has asked our landscape architect to provide updated design and construction estimates for this
project within the next month. Staff will provide this information to both Trophy Club and Roanoke in
an effort to create a multi-jurisdictional project.
14
Town of Westlake
Update for Quarter Ended 03-31-14
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: RICHARD WHITTEN
FACILITY PROJECT
Actuals Adopted Actuals PTD Projection TOTAL FOR percent
PROJECT ACCOUNT DESCRIPTION ALL PYS FY 13-14 FY 13-14 Variance Expended FY 14-15 FY 15-16 ALL YEARS Complete
CP55 Outdoor Warning System - 99,000 - (99,000) - - - 99,000 0%
- 99,000 - (99,000) - - - 99,000 0%
OUTDOOR WARNING SYSTEM
o FY 13/14 Adopted Budget: $99,000
o FY 13/14 YTD Actual: $0.00
o Project-to-Date Expended: $0.00
o Total Estimated Project Cost: $99,000
o Project Completion: 0%
The Outdoor Warning System project was to provide three outdoor warning sirens for the Town that
would enhance Public Safety through an early warning notification system. Staff reached out to
utility/communication service providers inquiring if there were any interest in partnerships for
multipurpose towers. Staff received no interest in a partnership. Staff has been preparing a Request
for Bid notification and will be releasing it within the next few weeks. Once a bid is accepted and
awarded, the project will not take very long to complete. This project is expected to be completed
prior to the end of FY 2014.
.
15
Town of Westlake
Update for Quarter Ended 03-31-14
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: TROY J. MEYER
PARK & TRAIL PROJECTS
Actuals Adopted Actuals PTD Projection
TOTAL
FOR percent
PROJECT ACCOUNT DESCRIPTION
ALL
PYS FY 13-14 FY 13-14 Variance Expended FY 14-15 FY 15-16 ALL YEARS Complete
CP42 Trail Connection at Hwy 114/Solana - 15,000 - (15,000) - 10,000 15,450 40,450 0%
CP54 WA - West parking Improvements - 200,000 2,650 (197,350) 2,650 - - 200,000 1%
TROY - 215,000 2,650 (212,350) 2,650 10,000 15,450 240,450 1%
TRAIL CONNECTION AT HWY 114 AND SOLANA (PROJECT 42)
o FY 13/14 Adopted Budget: $15,000
o FY 13/14 YTD Actual: $0.00
o Project-to-Date Expended: $0.00
o Total Estimated Project Cost: $40,450
o Project Completion: 0%
Staff contacted Cassidy/Turley in the winter of 2013 regarding the future development of a trail from
Sam School road along the north side of Solana Boulevard to HWY 114. Staff received pricing for
crushed granite and concrete trail. Cassidy/Turley is not ready to move forward on the trail project at
this time.
WESTLAKE ACADEMY WEST PARKING IMPROVEMENTS (PROJECT 54)
o FY 13/14 Adopted Budget: $200,000
o FY 13/14 YTD Actual: $2,650
o Project-to-Date Expended: $2,650
o Total Estimated Project Cost: $200,000
o Project Completion: 1%
Staff selected Brockette, Davie & Drake Civil Engineering Firm to design the West Parking area
improvement. The parking improvement was presented and approved by the Town Council at the January
27th 2014 Town Council meeting. Steele and Freeman will make a request to amend the GMP for the
Phase I Westlake Academy expansion project to reflect the cost of the improvement present at the April
Town Council meeting. The funds for this project are included in the 2013-2014 CIP budget. This project
will start in June of 2014 and be completed by August 31st 2014.
16
Town of Westlake
Update for Quarter Ended 03-31-14
CAPITAL PROJECTS UPDATE
PROJECT DIRECTOR: TROY J. MEYER
FACILITY PROJECTS
TOTAL Adopted Actuals PTD Projection
GRAND
percent
ACCOUNT DESCRIPTION
ALL PYS FY 13-14 FY 13-14 Variance Expended FY 14-15
TOTAL
Complete
Engineering 38,338 45,060 25,753 (19,307) 64,091 - 83,398
77%
Design Fees 483,982 198,600 (121,000) (319,600) 362,982 19,942 702,524
52%
Misc. Legal 4,788 - 219 219 5,006 - 4,788
105%
Irrigation R&M 4,766 - - - 4,766 - 4,766
100%
Landscaping 20,324 - - - 20,324 - 20,324
100%
Contingency - 115,200 - (115,200) - - 115,200
0%
Utility Relocations 49,344 - 3,798 3,798 53,142 - 49,344
108%
Advertising 520 - 1,853 1,853 2,373 - 520
456%
Audio Visual 3,740 - - - 3,740 - 3,740
100%
Courier Service 422 - - - 422 - 422
100%
Misc. Expense 3,243 - 844 844 4,087 - 3,243
126%
Construction Expense 780,517 6,962,881 1,458,867 (5,504,014) 2,239,384 845,660 8,589,058
26%
Water Service 197 - 944 944 1,141 - 197
578%
Furniture & Fixtures 6,268 474,209 - (474,209) 6,268 - 480,477
1%
Bond Issuance Costs - 2013 CO 123,316 - - - 123,316 - 123,316
100%
Transfer Out to GF 36,398 - - - 36,398 - 36,398
100%
Portable Buildings 346,639 - 12,978 12,978 359,617 - 346,639
104%
TOTAL EXPENSES
1,902,803
7,795,950 1,384,255 (6,411,695)
3,287,059
865,602
10,564,355
31%
WESTLAKE ACADEMY EXPANSION
o FY 13/14 Adopted Budget: $7,795,950
o FY 13/14 YTD Actual: $1,384,255
o Project-to-Date Expended: $3,287,059
o Total Estimated Project Cost: $10,564,355
o Project Completion: 31%
This project includes the following three buildings (Phase I) of the Facility Plan presented by BB&P and
adopted by the Town Council on November 12, 2012.
• Cafetorium (for use as a cafeteria, gymnasium and auditorium)
• Secondary classroom building
• Field House (containing locker rooms and storage space for athletic equipment
Steele & Freeman was selected as the CM at risk firm. The Secondary building and Multi-Purpose Hall are
taking shape with the roof and windows being installed. The Field House walls are also rising from the slab
with the structure beams going up. The low voltage package was over budget due to the incorrect numbers
reflected in the master plan. The owner’s betterment was used to cover the cost which was approved by the
Town Council on March 3, 2014. The project is approximately three weeks behind due to cold weather events
in 2013 and 2014. Time will be made up by contractors working 10-hour days and Saturdays to ensure the
Secondary and Multi-Purpose Buildings are opened in August 2014, followed by the Field House in the fall of
2014.
17
DISCUSSION ITEMS
a. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections including the proposed amendment
to the Guarantee Maximum Price (GMP). (15 min)
b. Standing Item: Update and discussion regarding the Granada and Entrada
Developments including the Entrada Public Improvement District (PID). (15 min)
c. Discussion of Emergency Preparedness; Capital Improvement Project – Outdoor
Warning System. (15 min)
Town of Westlake
Item # 5 –
Discussion Items
Standing agenda item during the construction project
a. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections including the proposed amendment to the
Guarantee Maximum Price (GMP). (15 min)
- Also see Item 3c of the consent agenda
Town of Westlake
Item # 5a – No
Supporting
documentation
b. Standing Item: Update and discussion regarding the Granada and Entrada
Developments including the Entrada Public Improvement District (PID).
Town of Westlake
Item # 5b – No
Supporting
documentation
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, April 28, 2014
TOPIC: Update and discussion regarding the Entrada Development including the
Entrada Public Improvement District (PID)
STAFF CONTACT: Tom Brymer , Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: April 23, 2014 June 12, 2014
Funding: Amount - N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Operational Processes N/A
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
As you were previously updated, the Developer has opted not to pursue conduit financing as they were
unable to secure timely approval from the AG’s office and still adhere to their self-imposed timeline.
Therefore, in order to keep the BQ status, they plan to divide this PID issuance into two bond sales: one
in June of this year, and one at the beginning of next year.
As such, the Town’s submittal calendar, which is attached, changed review times to keep to the June
target date, but still affords the Town Team the necessary time for due diligence on all submittals.
The Town is recently in receipt of the SAP (Service and Assessment Plan) (delivered on 4/17) and the
draft Appraisal (delivered 4/22 5pm) from the Developer. At this time however, there is nothing to
present to the Council as the Town’s due diligence has just begun.
The target date for the Council to review and approve the PID Financing Agreement, Landowner
Agreement (including final SAP) and determining the cost of authorized improvements on which the
assessment will be based (and require a public hearing) will be on the May 19th Council Meeting.
As in all bond transactions, the bonds are priced on Tuesdays and sold on Wednesdays, and this
will require a special meeting of the Council to approve the bond sale which is currently projected
to be on the morning of Thursday, June 12th, at 9am. This meeting will also be when the public
hearing is conducted on levying the assessments.
ORGANIZATIONAL HISTORY/RECOMMENDATION
ATTACHMENTS
Town PID Submittal Calendar
January 2014 1 February 2014 2 March 2014 3
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 03/10-03/14 Spring Break
19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29
30 31
April 2014 4 May 2014 5 June 2014 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 05/10 Election Day
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 05/15 Canvass if necessary
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 05/12 BOT Budget Wkshp
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 05/21 TC/BOT orientation (if necessary)
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 05/30 TC Planning Retreat
27 28 29 30 25 26 27 28 29 30 31 29 30 06/05 Last Day of School
No TC meeting until Aug 25th
School Board School & Town Holiday Budget / Meeting Retreats
Town Council School Holiday Town Holiday
New Council/BOT n Election Day /
Orientation Special Meeting to
Planning & Zoning Canvass Returns
Meetings
Date:Day Resp.Action:Responsibility Key: T=Town; D=Developer; BC=Bond Counsel; UW=Underwriter; A=All
24-Feb Mon T Open Public Hearing for PID creation
T Consider Resolution creating PID
D Present finance program schedule to Town Council
27-Feb Thr D Distribute to Working Group Draft Appraisal
16-Apr Wed D Distribute to Working Group updated draft Preliminary SAP
D Distribute of Schedule of Project Costs and Sources of Funds for Project Cost
18-Apr Fri TOWN HOLIDAY
D Distribute to Working Group draft Appraisal (moved from 4/9 per Dev request)
21-Apr Mon A Conference call with Development Team and Town (2:30 PM)
24-Apr Thr A Comments due on draft Preliminary SAP and Schedule of Project Costs and Sources of Funds for Project Costs
BC Distribute to Working Group 1st draft Bond Indenture
Comments due on draft appraisal
28-Apr Mon A Conference call with Development Team and Town (2:30 PM)
30-Apr Wed A Distribute to Working Group final Preliminary SAP
D Distribute to Working Group final Schedule of Project Costs and Sources of Funds for Project costs
UW Distribution of 1st draft Preliminary Official Statement ("POS")
D Distribute Final Appraisal
30-Apr Wed D Distribute to Working Group proposed financing cash-flows
D Distribute to Working Group draft PID Financing Agreement and Landowner Agreement, including final SAP
D Distribute to Working Group Resolution authorizing distribution of POS
D Distribute to Working Group Resolution determining cost of authorized improvements, and calling a public hearing on the levy of assessments
D Distribute to the Working Group final cost estimates for all improvements to be reviewed by Town Engineer
D Distribute final Schedule of Project Costs and Sources of Fund for Project Costs
5-May Mon A Conference call with Development Team and Town (2:30 PM)
7-May Wed A Comments due on April 30th submittals (incl. Engineering cost review)
Town of Westlake
Solana Public Improvement District
TOWN
Submittal and Meeting Schedule
A Comments due on bond indenture
9-May Fri D Distribute to Working Group updated SAP
D Submit to Town final proposed finance cash-flows
D Submit to Town draft PID financing agreement and Landowner Agreement, including final SAP
UW Submit to Town latest POS for council books
BC Submit to Town Bond Indenture for council books
D Submit to Town final resolution authorizing distribution of POS
D Submit to Town Resolution determining cost of authorized improvements, and calling a public hearing on the levy of assessments
12-May Mon A Conference call with Development Team and Town (2:30 PM)
14-May Wed T Council Board books sent out
D Distribute 2nd draft of bond indenture
15-May Thr D Submit to Town names and mailing addresses of all owners of property within the PID
BC Submit to Town form cover letter for mailing of notice of public hearing on the levy of assessments ("Notice of Public Hearing") to
all owners of property within the PID
19-May Mon A Conference call with Development Team and Town (2:30 PM)
D Town Council Meeting
T Presentation of the PID financing agreement and Landowner Agreement
T Consider a Resolution authorizing the distribution of the POS
D Consider a Resolution determining cost of authorized improvements and calling a public hearing on the levy of assessments
Presentation of bond indenture
20-May Tue UW POS electronically distributed
BC Submit Notice of Public Hearing to Town
T Mail Notice of Public Hearing to all owner of property within the PID
21-May Wed T Submit to newspaper Notice of Public Hearing for May 27th publication
A Comments due on Bond Indenture
26-May Mon MEMORIAL DAY
27-May Tue A Conference call with Development Team and Town (2:30 PM)
D Distribute to Working Group draft of Assessment Ordinance
D Distribute to Working Group final Financing Agreement and Landowner Agreement
A Distribute to Working Group final SAP
BC Distribute to Working Group draft Bond Ordinance and related Bond documents
29-May Thr A Comments due back on May 27th submittals
2-Jun Mon A Conference call with Development Team and Town (2:30 PM)
3-Jun Tue D Submittal to Town (and Working Group) final Financing Agreement and Landowner Agreement
D Submittal to Town (and Working Group) final Assessment Ordinance with Final SAP attached
BC Submittal to Town (and Working Group) final Bond Ordinance
5-Jun Thr T Council Board books sent out
9-Jun Mon A Conference call with Development Team and Town (2:30 PM)
12-Jun Thr T Town Council MORNING Meeting (9am)
Hold Public Hearing on levy of assessments
Consider Financing Agreement and Landowner Agreement
Consider Assessment Ordinance
Consider Bond Ordinance
25-Jun Wed Pre-Closing of Financing
26-Jun Thr Closing of Financing
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, April 28, 2014
TOPIC: Discussion of Emergency Preparedness; Capital Improvement Project –
Outdoor Warning System
STAFF CONTACT: Richard Whitten, Fire Chief
DECISION POINTS
Start Date Completion Date
Timeframe: Click here to enter a date.
N/A
Funding: Amount - 99,000 Status- Funded Source- Capital Projects Fund
0T
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Customer Focus CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
Public Safety and
Emergency
Preparedness
12. Plan and
inplement strategies
to enhance the
emergency
preparedness of the
residents and Town
facilities.
N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Staff has been working on preparing the Request for Bids for the Outdoor Warning
System. The installation of an Outdoor Warning System is a Council Approved Capital Project
for FY 2013/2014. The system will include three (3) sirens strategically located throughout the
Town to provide coverage for early warning notifications for severe weather (i.e., tornados and
severe hail). Staff has been working to establish the most appropriate location of each siren. In
addition, ensuring that Town standards are met in the installation and equipment
ORGANIZATIONAL HISTORY/RECOMMENDATION
N/A
ATTACHMENTS
N/A
EXECUTIVE SESSION
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which
the governmental body is conducting economic development negotiations; or (2) to
deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not
limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: Trophy Club Municipal
District Number 1
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P.,
related to Centurion’s development known as Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not
limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: Trophy Club Municipal
District Number 1 and the Texas Commission on Environmental Quality
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: the Texas Commission
on Environmental Quality
Town of Westlake
Item # 8 – Take any
Necessary Action, if
necessary
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #9
Council Recap /
Staff Direction
Town of Westlake
Item # 10 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The 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.
Arbor Day, National Day of Prayer, Public Service Recognition Week and Teacher & Staff
Appreciation Week proclamations.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
Town of Westlake
Proclamation
WHEREAS: in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees;
and
WHEREAS: this holiday, called Arbor Day, was first observed with the planting
of more than a million trees in Nebraska; and
WHEREAS: Arbor Day is now observed throughout the nation and the world;
and
WHEREAS: trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and countless other wood products; and
WHEREAS: trees, wherever they are planted, are a source of joy and spiritual
renewal; and
NOW, THEREFORE, I, Laura Wheat, Mayor of the Town of Westlake, do
hereby proclaim April 26, 2014, as:
Arbor Day
in the Town of Westlake, Texas , and urge all citizens to celebrate Arbor Day and
to support efforts to protect our trees and woodlands, and I urge all citizens to plant
trees to gladden the heart and promote the well-being of this and future
generations.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
official seal of the Town of Westlake,
Texas to be affixed this 28th day of
April, 2014.
_________________________________
Laura Wheat, Mayor
Town of Westlake Proclamation
WHEREAS, public prayer and national days of prayer have a long and significant history in
American tradition dating back to the first call to prayer in 1775 when the Continental Congress asked
the colonies to pray for wisdom in forming a nation; and
WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation
setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently
setting the day as the first Thursday of every May; and
WHEREAS, the National Day of Prayer enables us to recall and teach the way in which our
forefathers sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual
principles upon which this nation was founded; and
WHEREAS, in these trying times, when the world is so unsettled and when many of our brave
citizens and members of the military are far from home, making great sacrifices and defending
freedom for those abroad and those here at home, we humbly ask God for their protection and pray for
peace throughout the world; and
WHEREAS, this year is the 63rd anniversary of the consecutive annual observance of the
National Day of Prayer, and its theme being “One Voice, United in Prayer”, emphasizing the need for
individuals, corporately and individually, to place their faith in the unfailing character of their Creator,
who is sovereign over all governments, authorities, and humanity; and
WHEREAS, on this day Americans across our nation and state will join in united prayer to
acknowledge our dependence on God, to give Him thanks for blessings received, to request healing for
wounds endured, and to seek His guidance for our leaders and His grace and protection upon us as a
people and a nation;
NOW, THEREFORE, I Laura Wheat, as Mayor of the Town of Westlake, hereby proclaim
Thursday, May 1, 2014, as
A DAY OF PRAYER IN WESTLAKE
And invite all in our town to observe this day in ways appropriate to its importance and significance as
a time for united prayer in our city.
Executed this 28th day of April 2014.
__________________________________________
Laura Wheat, Mayor
Town of Westlake
Proclamation
WHEREAS, the week of May 5th through May 9th is designated as Teacher
Appreciation Week; and,
WHEREAS, a strong, effective system of free public school education for all children
is essential to our democratic system of government; and
WHEREAS, much of this progress can be attributed to the qualified and dedicated
teachers entrusted with the educational development of our children to their full potential;
and,
WHEREAS, our teachers are at their best when they hold students to high
expectations, challenge them to think critically, push them to excel in the face of any
obstacle, and guide their development into contributing exemplary citizens; and
WHEREAS, excellent teaching is a labor of love, and our dedicated professionals
often use their own resources and work evenings and weekends to enhance and enrich the
daily learning experiences of their students with innovative and individualized lessons; and
WHEREAS, teachers fill many roles, including listener, role models, motivator and
mentor and continue to influence their students long into adulthood.
NOW, THEREFORE, I, Laura Wheat, Board President and Mayor of Westlake proclaim May
5th through May 9th, as
TEACHER APPRECIATION WEEK
In Westlake, Texas and call upon the citizens to recognize and express their appreciation for the
vital contributions made daily by Teachers, Support Staff and Volunteers.
IN WITNESS THEREOF, I have hereunto set my hand and caused the official seal of the
Town of Westlake, Texas to be affixed this 28th day of April 2014.
______________________________________________
Laura Wheat, Board President and Mayor of Westlake
WHEREAS: Americans are served every single day by public servants at the federal, state,
county and city levels. These unsung heroes do the work that keeps our nation working; and
WHEREAS: Public employees take not only jobs, but oaths; and
WHEREAS: Many public servants, including military personnel, police officers,
firefighters, border patrol officers, embassy employees, health care professionals and others, risk
their lives each day in service to the people of the United States and around the world; and
WHEREAS: Public servants include teachers, doctors and scientists . . .train conductors
and astronauts . . . nurses and safety inspectors . . . laborers, computer technicians, social workers
and countless other occupations. Day in and day out they provide the diverse services demanded
by the American people of their government with efficiency and integrity; and
WHEREAS: Without these public servants at every level, continuity would be impossible
in a democracy that regularly changes its leaders and elected officials; and
WHEREAS: The Town of Westlake recognizes the dedication and talents of public
employees and volunteers, as well as the importance of the services they render at all levels of
government.
WHEREAS: I, Laura Wheat, Mayor of the Town of Westlake, do hereby announce and
proclaim to all citizens and set seal hereto, that May 4-10, 2014 as
Public Service Recognition Week
in the Town of Westlake, Texas, and call upon the citizens to recognize and express their
appreciation for the vital contributions made daily by public servants and volunteers at all levels
who work tirelessly on behalf of all Americans.
IN WITNESS THEREOF, I have hereunto set my hand
and caused the official seal of the Town of Westlake, Texas
to be affixed this 28th day of April 2014.
_____________________________________
Laura Wheat, Mayor
Town of Westlake
Proclamation
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the March 24, 2014, meeting.
b. Consider approval of Resolution 14-15, Amending the Municipal Mission,
Vision and Value Statements.
c. Consider approval of Resolution 14-16, Amending the Guaranteed Maximum
Price (GMP) of $8,431,439.18 to $8,631,439.18 with Steele & Freeman, Inc., for
Phase I of the Westlake Academy Campus Expansion Project and authorize
Town Manager to make funding changes not to exceed $25,000.00 on this
project.
d. Consider approval of Resolution 14-17, Approving approve an Interlocal
Participation Agreement with The Local Government Purchasing Cooperative.
Town of Westlake
Item # 3 – Consent
Agenda
Town Council Minutes
03/24/14
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
March 24, 2014
PRESENT: Mayor Laura Wheat and Council Members, Carol Langdon, Rick Rennhack, and
Wayne Stoltenberg. Clif Cox arrived at 5:07 p.m. and Michel Barrett arrived at
6:08 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant Town Manager Amanda DeGan, Town Attorney Stan
Lowry, Finance Director Debbie Piper, Planning and Development
Director Eddie Edwards , Facilities and Recreation Director Troy
Meyer, Public Works Director Jarrod Greenwood and Susan
McFarland, Communications Specialist.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:03 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE MARCH 24, 2014, TOWN
COUNCIL REGULAR MEETING AGENDA.
No additional discussion.
Town Council Minutes
03/24 /14
Page 2 of 6
4. DISCUSSION ITEMS
a. Discussion regarding the proposed amendment to Chapter 36 Engineering
Standards regarding driveway connections.
Director Greenwood provided an overview of the proposed amendment.
Discussion ensued regarding the current process and concerns with the current
ordinance.
b. Discussion of future Arbor Day celebrations .
Director Meyer provided a presentation and overview of possible options to
celebrate Arbor Day.
Discussion ensued regarding the opportunity to partner with TD Financial,
possible budget impact, examine funding opportunities for projects with the
Natural Resources Conservation Service (NRCS), citizen survey results regarding
community events, and opportunities for the Environmental Sciences class to
participate in the event.
c. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections including the proposed amendment
to the Guarantee Maximum Price (GMP).
Director Meyer provided a presentation and update regarding the construction.
Mr. Mike Freeman, Steel & Freeman, provided an overview of the completion
schedule.
Discussion ensued regarding the coordination of construction and an additional
proposed amendment to reconstruct the West Parking lot.
d. Discussion regarding the Public Improvement District (PID) for the Entrada
Development, of the Service Assessment Plan.
Town Manger Brymer stated that the developer was waiting to hear back from
the Attorney General’s office regarding the proposed conduit financing
opportunities.
Town Council Minutes
03/24 /14
Page 3 of 6
e. Presentation and Discussion of the Draft Vision and Mission Statement, Final
Version of the Values.
Assistant Town Manager DeGan provided an overview and presentation of the
proposed final amendments.
Discussion ensued regarding the tag line.
5. EXECUTIVE SESSION
The Council convened into executive session at 5:47 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1). Maguire
Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1 and the Texas Commission on
Environmental Quality
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: the Texas Commission on Environmental Quality
6. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 6:38 p.m.
Town Council Minutes
03/24 /14
Page 4 of 6
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
8. COUNCIL RECAP / STAFF DIRECTION
Council directed Staff to coordinate with TD Financial for Arbor Day 2014 celebration
opportunities.
9. ADJOURNMENT
Mayor Wheat adjourned the work session at 6:38 p.m.
Regular Session
1. CALL TO ORDER
Mayor called the regular session to order at 6:38 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
Mayor Wheat presented Ms. Ginger Awtry with her 10 year service award.
3. CONSENT AGENDA
a. Consider approval of the minutes from the February 24, 2014, meeting.
b. Consider approval of the minutes from the March 3, 2014, meeting.
c. Consider approval of Resolution 14-13, Appointing a new member to the
Historical Preservation Society.
d. Consider approval of Resolution 14-14, Amending the original Guaranteed
Maximum Price (GMP) of $8,578,694 to $8,467,204.00 with Steele & Freeman,
Inc., for Phase I of the Westlake Academy Campus Expansion Project and
authorize the Town Manager to make funding changes via change order not to
exceed $25,000.00 on this project.
e. Consider approval of Ordinance 724, Reappointing the Presiding Judge and
the Alternate Judge for the Westlake Municipal Court of Record No. 1.
f. Consider approval of Ordinance 725, Amending Chapter 36 Engineering
Standards, Article II Roadway Facilities, Section 36-42, Classification of Streets,
adding a residential roadway classification; and Section 36-44 revising
regulations for the location of residential driveways.
Town Council Minutes
03/24 /14
Page 5 of 6
MOTION: Council Member Rennhack made a motion to approve consent
agenda. Council Member Langdon seconded the motion. The
motion carried by a vote of 5-0.
4. DISCUSS AND CONSIDER ACCEPTANCE OF THE CERTIFICATION OF
UNOPPOSED CANDIDATES.
MOTION: Council Member Cox made a motion to accept the certification of
unopposed candidates. Council Member Stoltenberg seconded the
motion. The motion carried by a vote of 5-0.
5. DISCUSSION AND CONSIDERATION OF ORDINANCE 726, CANCELING THE MAY
10, 2014, GENERAL ELECTION.
MOTION: Council Member Stoltenberg made a motion to approve Ordinance
726. Council Member Cox seconded the motion. The motion
carried by a vote of 5-0.
6. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect described by Subdivision (1). Maguire Partners -
Solana Land, L.P., related to Centurion’s development known as Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
Town Council Minutes
03/24 /14
Page 6 of 6
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: the Texas Commission on Environmental Quality
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
MOTION: Council Member Langdon made a motion to ratify the settlement
agreement for $30,000.00 with the Texas Commission on
Environmental Quality. Council Member Barrett seconded the
motion. The motion carried by a vote of 5-0.
9. FUTURE AGENDA ITEMS
- None
10. COUNCIL CALENDAR
Town Manager provided an overview of items listed on the calendar.
11. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Cox made a motion to adjourn the meeting.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 6:49 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 28, 2014.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 28, 2014
TOPIC: Approval of the Vision, Mission, and Values Statement s
STAFF CONTACT: Tom Brymer, Town Manager
Amanda DeGan, Assistant Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: November 11, 2013 April 28, 2014
Funding: Amount - 0 Status- Funded Source - N/A
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance Customer Focus CF.Promote Best Practice Policy
Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
At our March 2014 workshop, Staff presented our mission, vision, and values statements
(VVM), shown below:
Vision Statement: An oasis of natural beauty that maintains our open spaces in
balance with distinctive development, trails, and quality of life
amenities amidst an ever expanding urban landscape.
Mission Statement: Westlake is a unique community blending preservation of our
natural environment and viewscapes, while serving our residents
and businesses with superior municipal and academic services that
are accessible, efficient, cost-effective, and transparent.
Mission Tag Line: “One-of-a-kind community; natural oasis - providing an
exceptional level of service.”
Value statements:
• Innovation
• Educational Leaders
• Family Friendly and Welcoming
• Preservation of Our Natural Beauty
• Strong Aesthetic Standards
The Council approved these statements as written to help provide direction for our staff and
convey the unique community we all enjoy in Westlake. The VVM will be incorporated into the
final draft of our strategic planning document through the Balanced Scorecard system and
conveyed to the community members/stakeholders.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Approval of the vision, mission, and value statements.
ATTACHMENTS
Resolution 14-XX
• Informed & Engaged Citizens / Sense of Community
• Transparent / Integrity-driven Government
• Fiscal Responsibility
• Planned / Responsible Development
Resolution 14-15
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 14-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AND ADOPTING UPDATED VISION, MISSION, AND VALUES
STATEMENTS FOR THE TOWN.
WHEREAS, the Westlake Town Council has determined that effective governance of
the Town of Westlake requires guiding statements as it relates to our vision, mission, and values
statements; and,
WHEREAS, the Westlake Town Council has invested significant Council and staff time
in an off-site planning retreat as well as subsequent workshops to review and update these
statements; and,
WHEREAS, the Town Council has determined the revised statements reflect the
Council's priorities for the Town of Westlake; and,
WHEREAS, the Town Council finds that our vision, mission, and values should be
reviewed by the Council at least annually for any updates and/or revisions that the Council
determines are necessary; and
WHEREAS, the Town Council finds that the passage o f this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2: That , the Town Council of the Town of Westlake, Texas, hereby
approves the attached vision, mission, and values statements for the Town of Westlake attached
to this resolution as Exhibit "A,
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 14-15
Page 2 of 3
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28th DAY OF APRIL 2014.
_____________________________
Laura L. Wheat, Mayor
ATTEST:
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 14-15
Page 3 of 3
Exhibit “A”
Vision Statement: An oasis of natural beauty that maintains our open spaces in
balance with distinctive development, trails, and quality of life
amenities amidst an ever expanding urban landscape.
Mission Statement: Westlake is a unique community blending preservation of our
natural environment and viewscapes, while serving our residents
and businesses with superior municipal and academic services that
are accessible, efficient, cost-effective, and transparent.
Mission Tag Line: “One-of-a-kind community; natural oasis – providing an
exceptional level of service.”
Value Statements:
• Innovation
• Educational Leaders
• Family Friendly & Welcoming
• Informed & Engaged Citizens / Sense of Community
• Preservation of our Natural Beauty
• Strong Aesthetic Standards
• Transparent / Integrity-driven Government
• Fiscal Responsibility
• Planned / Responsible Development
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 28, 2014
TOPIC: Consider approval of a Resolution amending the guaranteed maximum price (GMP) of
$8,431,439.18 to $8,631,439.18 with Steele & Freeman, Inc., for Phase One of the
Westlake Academy Campus Expansion Project and authorize Town Manager to make
funding changes not to exceed $25,000.00 on this project .
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: February 2, 2014 September 30, 2014
Funding: Amount - $200,000.00 Status- Funded Source- Capital Projects Fund
This Guaranteed Maximum Price (GMP) includes the cost of site work, construction, and CMR
fees. The 2013-2014 west parking improvement capital project funds will be moved to the
Westlake Academy Phase I expansion fund in the capital project budget.
Decision Alignment
VVM Perspective Desired Outcome
Exemplary Governance Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome Strategy Staff Action
Capital Investment
3. Policy and Cost
Analysis Drive by
GRowth (Future
Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
In the summer of 2006, a temporary asphalt parking lot and utility improvements were
completed on the west side of pod G, adding 45 parking spaces and allowing for the pick-up of
upper grade students at Westlake Academy. This construction work included four handicap
spaces, 41 parking spaces, and a circle driveway for MYP student pick-up.
To bring this parking area up to our current standards, the Town Council approved $200,000.00
in the 2013-2014 capital project budget. The Council amended and approved the Westlake
Academy Development Plan on January 27, 2014, which will provide improvements to the
parking area to the west of the gym building. This will also reduce the number of landscape
islands, and no curbs will be installed on the perimeter of the parking area. The trees required in
the landscape island will be relocated to the edge of the parking area and landscape screening
will be installed around the proposed parking improvements. Additional i mprovements will
include, increasing the thickness of the pavement, extending the fire lane for the new secondary
building, additional down lighting, landscape screening, sidewalks and two handicap parking
spaces. Although the improvements will decrease the number of parking spaces by sevens (7)
slots, the campus is still in compliance with parking requirement for schools.
Staff is recommending the use of Steele and Freeman to complete this project as the fire lane for
the new secondary building extends into this area of parking improvements. The recommended
improvements should be completed as part of the overall WA expansion project and use of this
firm would ensure consistency and timeliness in the projects.
Staff is requesting the Steele & Freeman guaranteed maximum price for the Phase One of the
Westlake Academy Campus Expansion be increased by $200,000.00 to cover the cost of the
West Parking Area Improvements. The current GMP of $8,431,439.18 would adjust to
$8,631,439.18. This fund would move from the West Parking Area Improvement in the CIP
budget to the WA Campus Expansion fund in the 2013-14 CIP budget.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends that the Council authorize the Town Manager to amend the guaranteed
maximum price (GMP) of $8,431,439.18 to $8,631,439.18 with Steele & Freeman, Inc., for the
Phase One of the Westlake Academy Campus Expansion Project, and authorize the Town
Manager to make funding changes not to exceed $25,000.00 on this project.
ATTACHMENTS
Resolution 14-XX with AIA document; Exhibit A
Resolution 14-16
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 14-16
A RESOLUTION OF THE TOWN COUNCIL ALLOWING THE TOWN MANAGER TO
AMEND THE GUARANTEED MAXIMUM PRICE (GMP) OF $8,431,439.18 to
$8,631,439.18 WITH STEELE & FREEMAN, INC., FOR THE WEST PARKING LOT
IMPROVRMENTS ON THE WESTLAKE ACADEMY CAMPUS AND AUTHORIZE
THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED
$25,000.00 ON THIS PROJECT.
WHEREAS, the Town of Westlake owns and operates Westlake Academy and provides
facilities for municipal and academic use; and,
WHEREAS, the construction manger at risk will amend the guaranteed maximum price
(GMP) to effectively provide the town with the necessary funds to facilitate the improvements to
the west parking lot located on the campus; and,
WHEREAS, the 2013-2014 West parking improved capital project funds will be moved
to the Westlake Academy phase I expansion in the 2013-2014 capital project budget; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That , the Westlake Town Council does hereby authorize the Town
Manager to AMEND THE GUARANTEED MAXIMUM PRICE (GMP) with Steele &
Freeman, Inc. for construction manager at -risk services establishing a guaranteed maximum
price for the Westlake Academy campus expansion project, attached as Exhibit “A”.
SECTION 3: That , the Westlake Town Council hereby authorizes the Town Manger
and/or his designee to approve change orders to this agreement up to $25,000, in the aggregate,
on behalf of the Town of Westlake.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 14-16
Page 2 of 2
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28 DAY OF APRIL 2014.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, April 28, 2014
TOPIC: Consider a Resolution to approve an Interlocal Participation Agreement
with The Local Government Purchasing Cooperative.
STAFF CONTACT: Richard Whitten, Fire Chief
DECISION POINTS
Start Date Completion Date
Timeframe: 04/28/2014 04/28/2014
Automatically renews annually unless terminated
Funding: Amount - 0 Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Interlocal purchasing agreements allow federal, state, local governments to enter into purchasing
agreements that take advantage of reduced prices through larger bid packages. The purpose of
this Agreement is to facilitate compliance with state procurement requirements, to identify
qualified vendors of commodities, goods and services, to relieve the burdens of the
governmental purchasing function, and to realize the various potential economies, including
administrative cost savings, for Cooperative Members. Staff is recommending entering into the
agreement with The Local Government Purchasing Cooperative. There is no obligation to make
any purchases with the agreement. Purchases such as municipal and Academy equipment (i.e.,
outdoor warning systems, vehicles, etc.) can be provided through this agreement meeting the bid
requirements of the State of Texas. Staff recommends entering into this agreement for the
benefit of the Town and its citizens.
ORGANIZATIONAL HISTORY/RECOMMENDATION
N/A
ATTACHMENTS
Resolution
Resolution 14-17
Page 1 of 9
TOWN OF WESTLAKE
RESOLUTION NO. 14-17
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL PARTICIPATION AGREEMENT WITH THE LOCAL GOVERNMENT
PURCHASING COOPERATIVE TO PROVIDE PURCHASING THROUGH THE
LOCAL GOVERNMENT PURCHASING COOPERATIVE.
WHEREAS, the Town of Westlake, (hereinafter “Cooperative Member”) desires to
participate in a local government cooperative purchasing program pursuant to the authority
granted by Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (“Act”);
WHEREAS, the Town of Westlake, has elected to be a Cooperative Member in the The
Local
Government Purchasing Cooperative (hereinafter “Cooperative”), a local government purchasing
cooperative program created by local governments in accordance with and pursuant to the Act
and Section 271.101, et seq., of the Texas Local Government Code;
WHEREAS, the Cooperative Member, is of the opinion that participation in the
Cooperative’s purchasing program will be highly beneficial to the taxpayers of the local
government through the efficiencies and potential savings to be realized; and
WHEREAS, the Cooperative Member desires to participate and join with other local
governments in an Interlocal Participation Agreement (“Agreement”) for the purpose of fulfilling
and implementing their respective public and governmental purposes, needs, objectives,
programs, functions and services;
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS, REQUESTS THAT THE COOPERATIVE INCLUDE ITS
STATED NEEDS FOR ALL CATEGORIES, INCLUDING BUT NOT LIMITED TO,
INSTRUCTIONAL, MAINTENANCE, CUSTODIAL, AND FOOD SERVICE GOODS
AND SERVICES, IN THE COOPERATIVE’S PURCHASING PROGRAM AND
SELECT VENDORS FOR THOSE ITEMS, WHEREBY THE COOPERATIVE
MEMBERS MAY BE ALLOWED TO PURCHASE THOSE ITEMS FROM THE
COOPERATIVE’S CONTRACTS; AND THAT COOPERATIVE IS AUTHORIZED TO
SIGN AND DELIVER NECESSARY REQUESTS AND OTHER DOCUMENTS IN
CONNECTION THEREWITH FOR AND ON BEHALF OF THE COOPERATIVE
MEMBERS THAT HAVE ELECTED TO PARTICIPATE.
FURTHER, BE IT RESOLVED, that the Board of Trustees of the Cooperative Member
authorizes its Board President, Superintendent or other officer to execute the Interlocal
Resolution 14-17
Page 2 of 9
Participation Agreement which includes the adoption and approval of the Organizational
Interlocal Agreement previously executed and adopted by two or more local governments.
FINALLY, BE IT RESOLVED that the execution of this Resolution shall evidence the election
of Cooperative Member and eligible local governments to become members of the Cooperative
upon the terms and conditions stated. The Board of Trustees has, and at the time of adoption of
this Resolution had, full power and lawful authority to adopt the foregoing Resolution and to
confer the obligations, powers, and authority to the persons named, who are hereby granted the
power to exercise the same.
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approves the
attached agreement, attached as Exhibit “A” and authorizes the Town Manager to sign on behalf
of the Town of Westlake.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF APRIL 2014.
ATTEST: _____________________________
Laura L. Wheat , Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 14-17
Page 3 of 9
Exhibit A
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement ("Agreement") is made and entered into by and between
The Local Government Purchasing Cooperative ("Cooperative"), an administrative agency of
cooperating local governments, acting on its own behalf and the behalf of all participating local
governments, and the undersigned local government of the State of Texas ("Cooperative
Member").
I. RECITALS
WHEREAS, a local government entity is authorized by the Interlocal Cooperation Act,
Chapter 791 of the Texas Government Code, to agree with other local government entities to
form a purchasing cooperative; and WHEREAS, the Cooperative is further authorized as a local
purchasing cooperative organization as set forth in Section 271.101, et seq., of the Texas Local
Government Code; and
WHEREAS, the purpose of this Agreement is to facilitate compliance with state
procurement requirements, to identify qualified vendors of commodities, goods and services, to
relieve the burdens of the governmental purchasing function, and to realize the various potential
economies, including administrative cost savings, for Cooperative Members;
NOW THEREFORE, in consideration o f the mutual covenants, promises and obligations
contained herein, the undersigned Cooperative Member and the Cooperative agree as follows.
II. TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the
execution or acceptance of this Agreement hereby adopts and approves the Organizational
Interlocal Agreement dated January 26, 1998, which agreement is incorporated herein by
reference (and is available from the Cooperative upon request). The Organizational Interlocal
Agreement established the Cooperative as an administrative agency of its collective participants,
and Cooperative Member agrees to become a participant or additional party to that
Organizational Interlocal Agreement.
2. Term. The initial term of this Agreement shall commence on the date it is executed by both
parties and shall automatically renew for successive one-year terms unless sooner terminated in
accordance with the provisions of this Agreement. If the Cooperative Member is an existing
Cooperative Member that joined the Cooperative by executing a participation agreement which
authorized amendment upon the Cooperative providing 60 days notice, then this Agreement will
be deemed an Amendment by Notice, which will be effective on the 61st day that the Cooperative
Member is sent notice of this document. In addition, this Agreement will continue to
automatically renew for successive one-year terms on the anniversary date of the Cooperative
Member’s initial term (not the effective date of the Amendment by Notice), unless the
Agreement is sooner terminated in accordance with the provisions herein.
Resolution 14-17
Page 4 of 9
3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the Cooperative
Member at any time by thirty (30) days prior written notice to the Cooperative, provided any
amounts owed to the Cooperative and any vendor have been fully paid.
(b) By the Cooperative. The Cooperative may terminate this Agreement by:
(1) Giving ten (10) days notice by certified mail to the Cooperative Member if the
Cooperative Member breaches this Agreement; or
(2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or
without cause.
(c) Termination Procedure. If the Cooperative Member terminates its participation under this
Agreement or breaches this Agreement, or if the Cooperative terminates participation of the
Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all
of its purchases made from vendors under or through this Agreement. The Cooperative may seek
the whole amount due, if any, from the terminated Cooperative Member. In addition, the
Cooperative Member agrees it will neither be entitled to a refund of any membership dues paid
nor a distribution which may occur after the Cooperative Member terminates from the
Cooperative.
4. Payments by Cooperative Member.
(a) The Cooperative Member agrees to pay membership fees as may be required by the
Cooperative. The Cooperative will provide the Cooperative Member with 60 days prior written
notice of any change in the membership fee before such fee becomes effective. Membership fees
are payable by Cooperative Member within 30 days of receipt of an invoice from the
Cooperative or its designee, unless otherwise provided by law. A late charge amounting to the
maximum interest allowed by law, but not less than the rate of interest under Section 2251.021,
et seq., Texas Government Code, shall begin to accrue daily on the 46th day following the due
date and continue to accrue until the membership fees and late charges are paid in full. The
Cooperative reserves the right to collect all funds that are due to the Cooperative in the event of
termination by Cooperative Member or breach of this Agreement by Cooperative Member.
(b) In addition to membership fees, the Cooperative Member will make timely payments to the
vendor for the goods, materials and services received in accordance with the terms and
conditions of the bid invitation, instructions, and all other applicable procurement documents.
Payment for goods, materials and services and inspections and acceptance of goods, materials
and services ordered by the procuring Cooperative Member shall be the exclusive obligation of
the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative
Member is solely responsible for negotiating and securing ancillary agreements from the vendor
on such other terms and conditions, including provisions relating to insurance or bonding, that
the Cooperative Member deems necessary or desirable under state or local law, local policy or
rule, or within its business judgment.
Resolution 14-17
Page 5 of 9
5. Payments by Vendors. The parties agree that the Cooperative will require payment from
vendors which are selected to provide goods, materials or services to Cooperative Members.
Such payment (hereafter “Vendor Fees”) may be up to two percent (2%) of the purchase price
paid by Cooperative Members or a flat fee amount that may be set from time to time by the
Cooperative Board of Trustees. Cooperative Member agrees that these Vendor Fees fairly
compensate the Cooperative for the services and functions performed under this Agreement and
that these Vendor Fees enable the Cooperative to pay the administrative, endorsement, licensing,
marketing, and other expenses involved in successfully operating a program of electronic
commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims
any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative.
Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees.
6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of
Trustees, the Cooperative may issue a distribution to Cooperative Members under a plan
developed by the Cooperative Board of Trustees. Cooperative Member acknowledges that a
distribution is never guaranteed and will depend on the overall financial condition of the
Cooperative at the time of the distribution and the purchases made by the Cooperative Member.
7. Administration. The Cooperative may enter into contracts with others, including non-profit
associations, for the administration, operation and sponsorship of the purchasing program
provided by this Agreement. The Cooperative will provide reports, at least annually, to the
Cooperative Member electronically or by mail. Cooperative Member will report purchase orders
generated under this Agreement to the Cooperative or its designee, in accordance with
instructions of the Cooperative.
8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard
electronic purchasing application during the term of this Agreement. Cooperative Member
acknowledges and agrees that the BuyBoard electronic application and trade name are owned by
the Texas Association of School Boards, Inc. and that neither the Cooperative nor the
Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade
name. Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of the
BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server
or acquire the programming code. Cooperative Member may not attempt to modify, adapt,
translate, distribute, reverse engineer, decompile, or disassemble any component of the
application. Cooperative Member will use the BuyBoard in accordance with instructions from
the Cooperative (or its designee) and will discontinue use upon termination of participation in the
Cooperative. Cooperative Member will maintain equipment, software and conduct testing to
operate the BuyBoard system at its own expense.
III. GENERAL PROVISIONS
1. Amendment by Notice. The Board may amend this Agreement, provided that prior written
notice is sent to the Cooperative Member at least 60 days prior to the effective date of any
change described in such amendment and provided that the Cooperative Member does not
terminate its participation in the Cooperative before the expiration of said 60 days.
Resolution 14-17
Page 6 of 9
2. Authorization to Participate and Compliance with Local Policies. Each Cooperative
Member represents and warrants that its governing body has duly authorized its participation in
the Cooperative and that the Cooperative Member will comply with all state and local laws and
policies pertaining to purchasing of goods and services through its membership in the
Cooperative.
3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they
may be amended, and any and all written policies and procedures established by the Cooperative.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in
compliance with any reasonable requests for information and/or records made by the
Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative
Member. Any breach of this provision shall be considered material and shall make the
Agreement subject to termination on ten (10) days written notice to the Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall
have express authority to represent and bind the Cooperative Member, and the Cooperative will
not be required to contact any other individual regarding program matters. Any notice to or any
agreements with the coordinat or shall be binding upon the Cooperative Member. The
Cooperative Member reserves the right to change the coordinator as needed by giving written
notice to the Cooperative. Such notice is not effective until actually received by the Cooperative.
6. Current Revenue. The Cooperative Member hereby warrants that all payments, fees, and
disbursements required of it hereunder shall be made from current revenues budgeted and
available to the Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to
regulate the commencement, defense, intervention, or participation in a judicial, administrative,
or other governmental proceeding or in an arbitration, mediation, or any other form of alternative
dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute
which arises from the services provided by the Cooperative on behalf of its members,
collectively or individually. Neither this provision nor any other provision in this Agreement will
create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the
Cooperative may exercise this right in its sole discretion and to the extent permitted or
authorized by law. The Cooperative Member shall reasonably cooperate and supply any
information necessary or helpful in such prosecution or defense. Subject to specific revocation,
the Cooperative Member hereby designates the Cooperative to act as a class representative on its
behalf in matters arising out of this Agreement.
8. Governance. The Board of Trustees (Board) will govern the Cooperative in accordance with
the Bylaws.
9. Jurisdiction/Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas and, to the extent permitted by law, venue for all disputes arising
under this Agreement shall lie in Travis County, Texas.
Resolution 14-17
Page 7 of 9
10. Legal Authority. The Cooperative Member represents and warrants to the Cooperative the
following:
a) It meets the definition of “Local Government” or “State Agency” under the Interlocal
Cooperation Act (“Act”), Chapter 791 of the Texas Government Code.
b) The functions and services to be performed under the Agreement will be limited to
“Administrative Functions” as defined in the Act, which includes purchasing.
c) It possesses the legal authority to enter into this Agreement and can allow this Agreement to
automatically renew without subsequent action of its governing body.
d) Purchases made under this Agreement will satisfy all procedural procurement requirements
that the Cooperative Member must meet under all applicable local policy, regulation, or state
law.
e) All requirements––local or state–for a third party to approve, record or authorize the
Agreement have been met.
11. Disclaimer. THE COOPERATIVE, ITS ENDORSERS (TEXAS ASSOCIATION OF
SCHOOL BOARDS, INC., TEXAS ASSOCIATION OF COUNTIES, AND TEXAS
MUNICIPAL LEAGUE) AND SERVICING CONTRACTOR (TEXAS ASSOCIATION OF
SCHOOL BOARDS, INC.) DO NOT WARRANT THAT THE OPERATION OR USE OF
COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
THE COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO
ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in
this Agreement, the parties agree that:
(a) Neither party waives any immunity from liability afforded under law;
(b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement,
neither party shall be liable to the other under any circumstance for special, incidental,
consequential, or exemplary damages;
(c) The maximum amount of damages recoverable will be limited to the amount of fees which
the Cooperative received as a direct result of the Cooperative Member’s membership fee and
purchase activity, within 24 months of when the lawsuit or action was filed; and
(d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover
reasonable attorney’s fees pursuant to Section 271.159 of the Texas Local Government Code.
Resolution 14-17
Page 8 of 9
Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties
further agree to limit the liability of the Cooperative’s servicing contractor, endorsers and
sponsors (including, but not limited to, the Texas Association of School Boards, Inc., Texas
Association of Counties, Texas Municipal League, and educational service centers) up to the
maximum amount each received from or through the Cooperative, as a direct result of the
undersigned Cooperative Member’s membership fee and purchase activity, within 24 months of
the filing of any lawsuit or action.
13. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in
this Agreement, is intended to confer upon any person, other than the parties hereto, any benefits,
rights, o r remedies under or by reason of this Agreement.
14. Merger/Entirety. This Agreement, together with the Cooperative’s Bylaws and
Organizational Interlocal Agreement, represents the complete understanding of the Cooperative
and Cooperative Member. To the extent there exists any conflict between the terms of this
Agreement and that of prior agreements, the terms of this Agreement shall control and take
precedence over all prior participation agreements.
15. Notice. Any written notice to the Cooperative shall be made by first class mail, postage
prepaid, and delivered to the BuyBoard Administrator, Texas Association of School Boards, Inc.,
P.O. Box 400, Austin, Texas 78767-0400. Notices to Cooperative Member may be made by first
class mail, postage prepaid, and delivered to the Cooperative Member’s Coordinator or chief
executive officer (e.g., superintendent, city manager, county judge or mayor).
16. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable
for any reason, the remaining portions shall continue in full force and effect.
17. Signatures/Counterparts. The failure of a party to provide an original, manually executed
signature to the other party will not affect the validity, enforceability or binding effect of this
Agreement because either party may rely upon a facsimile signature as if it were an original.
Furthermore, this Agreement may be executed in several separate counterparts, each of which
shall be an original and all of which shall constitute one and the same instrument.
18. Warranty. By the execution and delivery of this Agreement, the undersigned individuals
warrant that they have been duly authorized by all requisite administrative action required to
enter into and perform the terms of this Agreement.
IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives,
accept this Agreement.
TO BE COMPLETED BY THE COOPERATIVE:
The LOCAL GOVERNMENT PURCHASING COOPERATIVE,
as acting on behalf of all other Cooperative Members
By: __________________________________ Date: _________________
James B. Crow, Secretary
Resolution 14-17
Page 9 of 9
TO BE COMPLETED BY COOPERATIVE MEMBER:
[Signature required unless accepted as an Amendment by Notice as described in the Agreement.]
TOWN OF WESTLAKE TEXAS
(Name of Local Government)
By: __________________________________________________ Date: _________________
(Signature of authorized representative of Cooperative Member)
__________________________________________________
Printed name and title of authorized representative
Coordinator for the
Cooperative Member is: ___________________________________
Name
___________________________________
Title
___________________________________
Mailing Address
__________________________________
City
Texas, _____________________________
(zip)
___________________________________
Telephone
___________________________________
Fax
___________________________________
Email
EXECUTIVE SESSION
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which
the governmental body is conducting economic development negotiations; or (2) to
deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development
known as Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not
limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: Trophy Club Municipal
District Number 1
Town of Westlake
Item # 4 –
Executive Session
Town of Westlake
Item # 5 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P.,
related to Centurion’s development known as Entrada
b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not
limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN)
for water and sewer service.
c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: Trophy Club Municipal
District Number 1 and the Texas Commission on Environmental Quality
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: the Texas Commission
on Environmental Quality
Town of Westlake
Item # 6 – Take any
Necessary Action, if
necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #7 - Future
Agenda Items
COUNCIL CALENDAR
Teacher of the Year Award Luncheon
April 28, 2014; 12:30 p.m.
WA Dining Hall – Hosted by the WA Campus Leadership Team
General Election Early Voting - Northwest and Keller ISD Races
April 28th – May 6, 2014; hours and locations vary
Comp Plan Steering Committee Meeting
Wednesday, April 30, 2014; 6:00 – 9:00 p.m.
Westlake Council Chambers
National Day of Prayer
Thursday, May 1, 2014; 12:00 p.m.
Trophy Club Clock Tower; If raining, Fellowship United Methodist Church
WHPS Historical Marker Dedication Day (Cross Timbers Region)
Thursday, May 1, 2014; 3:45-4:15 p.m.
WA Campus- Primary parking area, southeast side overlooking southern vista
Comp Plan Steering Committee Meeting (Public Input Workshop moved to 5/28)
Wednesday, May 7, 2014; 6:00 – 9:00 p.m.
Westlake Council Chambers
General Election Day – Northwest and Keller ISD Races
Saturday, May 10, 2014; 7:00 – 7:00 p.m.
Board of Trustee Workshop & Meeting
Monday, May 12, 2014
Town Council Workshop & Meeting
Monday, May 19, 2014
Town of Westlake
Item # 8 –
Council Calendar
Westlake Municipal Offices & Academy Closed in observance of Memorial Day
Monday, May 26, 2014
WHPS Annual Decoration Day
Monday, May 26, 2015; 6:00 p.m.; Program begins at 6:30 p.m.
Westlake IOOF Cemetery; 3101 J.T. Ottinger Road
Comp Plan Public Input Workshop #3 (Rescheduled from May 7, 2014)
Wednesday, May 28, 2014; 6:00 PM
Westlake Academy Performance Hall
Town Council Planning Retreat
Friday, May 30, 2014
Town Council All-Day Retreat
Monday, May 30, 2014; 9:00 – 5:00 p.m.
Embassy Suites Outdoor World, Grapevine
Town of Westlake
Item # 9 –
Adjournment
Back up material has not
been provided for this item.