HomeMy WebLinkAbout05-19-14 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
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.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
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TOWN OF WESTLAKE, TEXAS
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.
TOWN COUNCIL MEETING
AGENDA
May 19, 2014
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Special Session: 5:00 p.m.
Workshop Session: 5:05 p.m.
Regular Session: 6:30 p.m.
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Special Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
4. ADJOURNMENT
Work Session
1. CALL TO ORDER
2. REVIEW OF CONSENT AGENDA ITEMS FOR THE MAY 19, 2014, TOWN COUNCIL
REGULAR MEETING AGENDA. (10 min)
3. 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 regarding FM 1938 speed study conducted by TxDOT.
4. DISCUSSION ITEMS
a. Presentation and Discussion of the Intended Results and Proposed Performance
Measures for the Town of Westlake Tier One Strategy Map (45 min)
b. Discussion regarding Westlake Drought Contingency and Conservation Plans (20
min)
c. Presentation and Discussion of Process to Date for the Entrada Proposed Public
Improvement District Including Developer Presentation and Staff Presentations
Related to the PID as well as PID Documents, Including, but not Limited to, the
Proposed Construction and Funding Agreement (which includes the Service
Assessment Plan), Proposed Landowner Agreement, Preliminary Official
Statement, and the Proposed Bond Indenture Agreement. (30 min)
d. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections. (15 min)
e. Standing Item: Update and discussion regarding the Granada and Entrada
Developments including the Entrada Public Improvement District (PID). (15 min)
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
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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 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. COUNCIL RECAP / STAFF DIRECTION
9. 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.
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.
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a. Consider approval of the minutes from the April 28, 2014, meeting.
b. Consider approval of Resolution 14-19, Denying the Rate Increase Requested
By Atmos Energy Corp., Mid-Tex Division under the Company’s 2014 Annual
Rate review mechanism filing.
c. Consider approval of Ordinance 727, Amending the FY 2013-2014 Budget
d. Consider approval of Resolution 14-20, Amending the original guaranteed
maximum price (GMP) of $8,542,930 to $8,624,030 ($81,100) with Steele &
Freeman, Inc., for the Phase One of the Westlake Academy Campus Expansion
Project and authorize the Town Manager to make funding changes via change
order not to exceed $25,000 on this project.
4. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE.
5. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 728, AMENDING THE
CODE OF ORDINANCES, CHAPTER 102, ARTICLE III, SECTION 102-61, LAND
USE SCHEDULE. AMENDING THE LAND USE SCHEDULE UNDER THE PERMITTED
USE “TEMPORARY BATCHING PLANTS” ALLOWING THIS USE IN ALL ZONING
DISTRICTS SUBJECT TO RECEIVING AN APPROVAL OF A SPECIFIC USE
PERMIT.
6. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 729, AMENDING
ORDINANCE 202 (AS AMENDED), THE PD ZONING ORDINANCE FOR PLANNED
DEVELOPMENT DISTRICT 1, BY ADDING TO THE PERMITTED USE TABLE
“TEMPORARY CONCRETE BATCH PLANTS” SUBJECT TO RECEIVING AN
APPROVAL OF A SPECIFIC USE PERMIT.
7. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 730, AMENDING
ORDINANCE 703, THE PD ZONING ORDINANCE FOR PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 2 (PD1-2), ENTRADA, BY ADDING TO THE
PERMITTED USE TABLE “TEMPORARY CONCRETE BATCH PLANTS” SUBJECT TO
RECEIVING AN APPROVAL OF A SPECIFIC USE PERMIT. THE SUBJECT
PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND LOCATED AT THE
SOUTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD,
EXTENDING SOUTH TO DOVE ROAD.
8. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 731, AMENDING
ORDINANCE 693, THE PD ZONING ORDINANCE FOR PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 3 (PD1-3), BY ADDING TO THE PERMITTED USE
TABLE “TEMPORARY CONCRETE BATCH PLANTS” SUBJECT TO RECEIVING AN
APPROVAL OF A SPECIFIC USE PERMIT. THE SUBJECT PROPERTY IS AN 85
ACRE (APPROX.) TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM
1938 (DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING SOUTH TO DOVE
ROAD.
9. PUBLIC HEARING AND CONSIDERATION REGARDING A SPECIFIC USE PERMIT
TO ALLOW THE PLACEMENT OF A TEMPORARY CONCRETE BATCHING PLANT AT
2301 SOLANA BLVD. IN THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING
AREA 3 (PD1-3) “GRANADA”. THE SUBJECT PROPERTY IS AN 85 ACRE
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(APPROX.) TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM 1938
(DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING SOUTH TO DOVE ROAD.
10. PUBLIC HEARING AND CONSIDERATION REGARDING A SPECIFIC USE PERMIT
TO ALLOW THE PLACEMENT OF A TEMPORARY CONCRETE BATCHING PLANT AT
1840 SAM SCHOOL ROAD IN THE PD-1 ZONING DISTRICT. THE SUBJECT
PROPERTY IS A TRACT OF LAND LOCATED SOUTH OF THE GAS WELL PAD SITE
ON SAM SCHOOL ROAD.
11. 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 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the
appointment, employment, evaluation, reassignment, duties, of a public officer or
employee: Town Manager
12. RECONVENE MEETING
13. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
14. 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.
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A. No-Smoking Ordinance (Mayor Wheat)
B. Dog Park (Mayor Wheat)
15. COUNCIL CALENDAR
16. 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, May
15, 2014, by 7:00 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
Special Session
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Special Session- Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Administer Oath of Office to newly elected officials.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: May 1, 2014 May 17, 2014
Funding: Amount- Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Leadership 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
On March 24, 2014, the Town Council accepted the Certificate of Unopposed Candidates and
approved Ordinance 726 canceling the May 10th General Election to elect a Mayor and two (2)
Council Members for a 2 year term. Re-elected and new officers must file a Statement of
Elected Officer and be administered an Oath of Office (Tex. Constitution, Art. XVI, Sec 1)
before assuming the duties of the office of Mayor and Council Member.
ORGANIZATIONAL HISTORY/RECOMMENDATION
N/A
ATTACHMENTS
N/A
Town of Westlake
Special Session
Item # 4 –
Adjournment
Back up material has not
been provided for this item.
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 April 28, 2014, meeting.
b. Consider approval of Resolution 14-19, Denying the Rate Increase Requested
By Atmos Energy Corp., Mid-Tex Division under the Company’s 2014 Annual Rate
review mechanism filing.
c. Consider approval of Ordinance 727, Amending the FY 2013-2014 Budget
d. Consider approval of Resolution 14-20, Amending the original guaranteed
maximum price (GMP) of $8,542,930 to $8,626,745 ($83,815) with Steele &
Freeman, Inc., for the Phase One of the Westlake Academy Campus Expansion
Project and authorize the Town Manager to make funding changes via change
order not to exceed $25,000 on this project.
Town of Westlake
Workshop
Item # 2 –
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 regarding FM 1938 speed study conducted by TxDOT.
Town of Westlake
Workshop
Item # 3–
Reports
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Report regarding FM 1938 speed study conducted by TxDOT
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: May 19, 2014 May 19, 2014
Funding: Amount- N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Promote Community Health,
Safety & Welfare
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
TxDOT recently completed a speed study of FM 1938 and has recommended increasing the
speed limit from 40 MPH to 45 MPH and is asking Westlake to approve an ordinance.
One of the important design factors is the intended speed of vehicles. FM 1938 was designed as
a 40 mph road due to the amount of right of way needed to accommodate the alignment that
would have been needed to satisfy TxDOT’s design criteria. Whenever a state roadway is built,
TxDOT will typically conduct a speed study about one to two years after construction is
completed in order to determine actual vehicle speeds.
Based on the speed study the 85th percentile average is 43 mph, which supports TxDOT’s request
for increasing the speed limit. The report shows that the highest speed recorded was 50 mph.
By increasing the speed limit, this will more than likely lead to an increase in the 50 mph that
TxDOT recorded, making entering and exiting streets or driveways on FM 1938 more difficult.
Unless this report is pulled for discussion and Council provides staff with a different direction,
staff will notify TxDOT that the 40 mph will not be changed in Westlake.
ORGANIZATIONAL HISTORY/RECOMMENDATION
0T
ATTACHMENTS
TxDOT speed study
DEVELOPMENT
DEVELOPMENT
RES SIGHT DISTANCE
BALL BANK OR ADVISORY SPEED
CURVES OVER 2
GRADES OVER 3%
SURFACE WIDTH AND TYPE
R.O.W. AND RDBD. WIDTH
ACCIDENTS
ZONE LENGTHS MILE
ZONE SPEEDS MPH
RES SIGHT DISTANCE
BALL BANK OR ADVISORY SPEED
CURVES OVER 2
GRADES OVER 3%
SURFACE WIDTH AND TYPE
R.O.W. AND RDBD. WIDTH
ACCIDENTS
ZONE LENGTHS MILE
ZONE SPEEDS MPH
HIGHWAY:
DATE OF SURVEY:
COUNTY:
CITY:
SCALE:
LIMITS OF ZONE
DIS. NAME:FT WORTH
SECTION TWO
BEGINSBEGINS
ENDS ENDS
STA OR MP STA OR MPPROJECT PROJECT
MINUTE NO DATE
DATE
DATE
DATE
REPLACES
REPLACED
CANCELED BY
85th PERCENTILE SPEED
TOP SPEED MEASURED
NUMBER OF CARS CHECKED
FATAL ACCIDENTS
PERSONAL INJURY ACCIDENT
PROPERTY DAMAGE ACCIDENT
INDICATES SECTION ZONED
BY COMMISSION MINUTE
SPEED ZONE
CONT & SECT
TOWARDS
TOWARDS
CONT & SECT
125
75
68
SECTION ONE LENGTH:LENGTH:1.632 MILES
MP 1.632
FM 1938
TARRANT
STA OR MP PROJECTCONT & SECT
MP 0.000
STA OR MP PROJECTCONT & SECT
1978-01
1978-01
2-29-12
CONT. 1978 SECT. 01
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2.100 MILES
45 MPH
1.566 MILES
35 MPH
0.820 MILES
50 MPH
2.100 MILES
45 MPH
0.892 MILES
50 MPH
4 14’ 39"4 14’ 39"3 22’ 13"2 51’ 53"3 11’ 3 05’ 49"2 30’
0.820 MILES0.892 MILES
50 MPH
1.566 MILES2.100 MILES
45 MPH 50 MPH35 MPH
2.100 MILES
MP 16.5 MP 17.0 MP 17.5 MP 18.0 MP 18.5 MP 19.0 MP 19.5 MP 20.0 MP 20.5 MP 21.0
45
53
54
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130
136
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120’ ROW - 25 FT RD BD 120’ ROW - 25 FT RD BD
RESIDENTIALLIGHT RESIDENTIAL
120’ ROW - 22 FT RD BD
RESIDENTIAL
PQ/FEB-14/TARRANT/FM 1938.dgn
2-12 FT CONCRETE LN/2 FT CURB AND GUTTER 2-12 FT CONCRETE LN/2 FT CURB AND GUTTER 2-11 FT ASPHALT LN/NO CURB AND GUTTER
85%= 43 85%= 50 85%= 5485%= 34
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1.566 MILES
35 MPH
0.892 MILES1.566 MILES
35 MPH 50 MPH45 MPH
DISCUSSION ITEMS
a. Presentation and Discussion of the Intended Results and Proposed
Performance Measures for the Town of Westlake Tier One Strategy Map
(45 min)
b. Discussion regarding Westlake Drought Contingency and Conservation
Plans (20 min)
c. Presentation and Discussion of Process to Date for the Entrada Proposed
Public Improvement District Including Developer Presentation and Staff
Presentations Related to the PID as well as PID Documents, Including,
but not Limited to, the Proposed Construction and Funding Agreement
(which includes the Service Assessment Plan), Proposed Landowner
Agreement, Preliminary Official Statement, and the Proposed Bond
Indenture Agreement. (30 min)
d. Standing Item: Update and discussion regarding Westlake Academy
Phase I expansion project and enrollment projections. (15 min)
e. Standing Item: Update and discussion regarding the Granada and
Entrada Developments including the Entrada Public Improvement District
(PID). (15 min)
Town of Westlake
Workshop
Item # 4 –
Discussion Items
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, March 24, 2014
TOPIC: Presentation and Discussion of the Intended Results and Proposed
Performance Measures for the Town of Westlake Tier One Strategy Map
STAFF CONTACT: Tom Brymer, Town Manager
Amanda DeGan, Assistant Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: May 19, 2014 TBD
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
As we enter the final stages of our creation of a comprehensive Tier One Strategy Map, we will
have our consultant, Gail Perry from the Balanced Scorecard Institute present the proposed
performance measures and the intended results that we would expect to see for each of the
outcome objectives shown on the map. Please see the strategy map below:
Each outcome objective (shown in the white ‘bubble’) has a corresponding commentary
statement that provides a description/definition of the outcome, the intended results we would
expect to experience, performance measures to evaluate our success and staff initiatives – tied to
the budget process - that would be implemented to accomplish the objective. These objectives
are similar to those we had defined in our previous iteration of a strategy map, with the main
difference being in the commentary statements and performance measures that will help to guide
the staff’s efforts during the implementation of the next strategic planning document.
Gail has also helped us facilitate the transfer of this information into an online tool, which will
allow Council members and staff to access our strategy map/objectives via the internet and
monitor our performance measure results in a dashboard display. We will demonstrate the
software capabilities at the meeting.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Review and feedback of the proposed performance measures, intended results, and online access
to the strategic plan. Staff will then work with under the direction of the Council to finalize the
staff initiatives and prioritize those for review at our May 30, 2014 planning retreat in
conjunction with our budget document.
ATTACHMENTS
None
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Discussion regarding Westlake Drought Contingency and Conservation Plans
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: May 19, 2014 May 19, 2014
Funding: Amount- N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
10. Investigate and
review of
environmental
preservation and
conservation
opportunities.
SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 3
EXECUTIVE SUMMARY
In accordance with TCEQ requirements, the City of Fort Worth has recently adopted an updated
Drought Contingency Plan and an updated Water Conservation Plan. The Town of Westlake is
also required by TCEQ and our wholesale contract with the City of Fort Worth to adopt a
drought and conservation plan.
Based on wholesale contract our Water Conservation Plan must include the elements as required
by the Texas Administrative Code Chapter 288, which includes:
(A) a utility profile with usage information
(B) a record management system
(C) Specific, quantified five-year and ten-year targets for water savings
Tools to achieve water savings
a. conservation-oriented water rates
b. adoption of ordinances, plumbing codes, and/or rules requiring water-conserving
plumbing fixtures to be installed in new structures and existing structures
undergoing substantial modification or addition
c. a program for the replacement or retrofit of water-conserving plumbing fixtures in
existing structures
d. reuse and/or recycling of wastewater and/or graywater
e. a program for pressure control and/or reduction in the distribution system and/or
for customer connections
f. a program and/or ordinance(s) for landscape water management
g. a method for monitoring the effectiveness and efficiency of the water
conservation plan
h. any other water conservation practice, method, or technique which the water
supplier shows to be appropriate for achieving the stated goal or goals of the
water conservation plan.
(D) Accurate metering device
(E) a program for testing, repair, an replacement of meters
(F) measures to determine and control water loss
(G) a water conservation and public education program
(H) a water rate structure which does not encourage the excessive use of water
(I) a means of implementation and enforcement
(J) documentation of coordination with the regional water planning groups
Based on our wholesale contract our Drought Contingency Plan must include
(A) Specific, quantified targets for water use reductions
(B) Drought response stages
(C) Triggers to begin and end each stage
(D) Supply management measures
Page 3 of 3
(E) Demand management measures
(F) Descriptions of drought indicators
(G) Notification procedures
(H) Enforcement procedures
(I) Procedures for granting exceptions
(J) Public input to the plan
(K) Ongoing public education
(L) Adoption of plan
(M) Coordination with regional water planning group
ORGANIZATIONAL HISTORY/RECOMMENDATION
0T
ATTACHMENTS
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Presentation and Discussion of Process to Date for the Entrada Proposed
Public Improvement District Including Developer Presentation and Staff
Presentations Related to the PID as well as PID Documents, Including, but
not Limited to, the Proposed Construction and Funding Agreement (which
includes the Service Assessment Plan), Proposed Landowner Agreement,
Preliminary Official Statement, and the Proposed Bond Indenture
Agreement.
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: April 23, 2014 June 12, 2014
Funding: Amount- $32 million total debt issuance; the first bond issue for this PID in
2014 would be $8 million Status- N/A Source- Self-funded
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Provide Outstanding Service and
Program Delivery
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 3
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 for the Town to keep the Bank Qualified (BQ) status of previously issued 2013
debt, the Developer plans to divide this PID debt issuance into at least two (2) bond sales: one in
June 2014 for $8 million, and one at the beginning of next year for $16 million. The remaining $8
million needed to fund the remainder of the infrastructure would be funded through
Reimbursement Agreements which have yet to be negotiated.
As such, the Town’s calendar for creating this PID, which is attached, changed review times to keep to
the June target date, however, this is becoming increasingly more of a challenge for the Town PID team
to meet this schedule while also providing for adequate review. The Town only recently received the
draft SAP (Service and Assessment Plan, delivered on 4/17) and the draft Appraisal (delivered 4/22 at
5pm) from the Developer. Staff and the Town’s consultants have been reviewing these documents, as
well as the Preliminary Official Statement and the Indenture Agreement for the PID bonds, and providing
comments to the Developer’s PID Team for changes. At the time of drafting for this agenda memo,
these aforementioned documents are not yet complete in terms of being reviewed by the Town’s
PID team. We need to ensure they reflect all the revisions that the Town’s PID team has advised
the Developer’s PID team to make. Staff will advise the Council on Monday if the items on the May
19th Regular Meeting agenda are ready for the Council to consider for approval. If they cannot be
recommended by Staff, we will advise the Council that the Regular Meeting items should not be
acted upon at this meeting. A Special Meeting of Council could then be required to consider these
documents.
The target date for the Council to approve the Preliminary Official Statement, and the Resolution
Determining Costs and Setting the Levy and Assessment Hearing is the May 19th Regular Council
Meeting.
The Construction and Funding Agreement (which describes the ways the money from the PID Bonds will
be used to pay for public improvements), the PID Financing Agreement and Landowner Agreement
(including the final SAP) and determining the cost of authorized improvements on which the assessment
will be based (and require a public hearing) will be on considered at the Council’s June 12th Regular
Council Meeting. Also to be considered on June 12th would be an Assessment Ordinance and a Bond
Ordinance.
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 9:00 a.m. This meeting will also be when the public hearing is
conducted on levying the assessments.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The owner of the development known as Entrada, located at the northeast corner of FM 1938 (Davis
Blvd) and Solana Boulevard, has submitted a petition to the Town of Westlake to establish a Public
Improvement District (PID) for the construction of public infrastructure in this development. The PID
would issue bonds through the Town, however, the PID bonds are paid solely from an assessment
on the property within the petitioned property proposed for the PID, including an assessment for
maintenance of the PID infrastructure. The Council considered a resolution calling a public hearing to
consider creating a PID for this property at its January 27, 2014 Regular Meeting. This public hearing
was held on February 24, 2014 and following this public hearing, a resolution was adopted by the Council
Page 3 of 3
establishing a PID on the petitioned property. The next steps in this process are described above in the
Executive Summary section of this agenda memorandum.
ATTACHMENTS
1.) Town PID Submittal Calendar as of 4-30-14.
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 (this scheduled modified to match this delivery date)
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)
17-Apr SAP delivered (1 day late)
21-Apr Mon A Conference call with Development Team and Town (2:30 PM)
22-Apr 5 pm Draft Appraisal delivered to Town (5 days late)
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) Town discussions major itemswith Developer on SAP draft
29-Apr POS draft provided
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 Town provides written SAP and Appraisal Comments to Developer (within 7 days of rec'd 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)
Town of Westlake
Solana Public Improvement District
TOWN
Submittal and Meeting Schedule
7-May Wed A Comments due on April 30th submittals (incl. Engineering cost review)
A Comments due on bond indenture
7-May POS Draft comments due
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
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
d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the
appointment, employment, evaluation, reassignment, duties of a public officer or
employee: Town Manager
Town of Westlake
Workshop
Item # 5 –
Executive Session
Town of Westlake
Workshop
Item # 6 – 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
d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the
appointment, employment, evaluation, reassignment, duties of a public officer or
employee: Town Manager
Town of Westlake
Workshop
Item # 7 – Take any
Necessary Action, if
necessary
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Workshop
Item #9
Council Recap /
Staff Direction
Town of Westlake
Workshop
Item # 9 –
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.
-None
Town of Westlake
Item # 2 – Citizen’s
Presentations and
Recognitions
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 April 28, 2014, meeting.
b. Consider approval of Resolution 14-19, Denying the Rate Increase Requested
by Atmos Energy, Corp., Mid-Tex Division Under the Company’s 2014 Annual
Rate Review Mechanism filing.
c. Consider approval of Ordinance 727, Amending the FY 2013-2014 Budget.
d. Consider approval of Resolution 14-20, Amending the original guaranteed
maximum price (GMP) of $8,542,930 to $8,626,745 ($83,815) with Steele &
Freeman, Inc., for the Phase One of the Westlake Academy Campus Expansion
Project and authorize the Town Manager to make funding changes via change
order not to exceed $25,000 on this project.
Town of Westlake
Item # 3 – Consent
Agenda
Town Council Minutes
04/28/14
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
April 28, 2014
PRESENT: Mayor Laura Wheat and Council Members, Carol Langdon, Rick Rennhack, and
Wayne Stoltenberg.
ABSENT: Michael Barrett and Clif Cox
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, Fire Chief
Richard Whitten, Susan McFarland, Communications Specialist and
Academy Administrative Coordinator Ben Nibarger.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:08 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 APRIL 28, 2014, TOWN
COUNCIL REGULAR MEETING AGENDA.
No additional discussion.
Town Council Minutes
04/28/14
Page 2 of 6
4. REPORTS
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).
Director Meyer provided a presentation and overview of the Phase I project.
Discussion ensued regarding the weight room, payment bond for the weight
room equipment, moving monies from the CIP to the Phase I project for the
additional construction of the West parking lot and fire lane, soccer fields,
sidewalk revisions to accommodate Americans with Disabilities Act requirements,
and security costs.
Attorney Lowry provided an explanation of a payment bond.
Town Manager Brymer provided an overview of the installation of SMART Boards
in classrooms.
b. Standing Item: Update and discussion regarding the Granada and Entrada
developments including the Entrada Public Improvement District (PID).
Town Manager Brymer provided an overview and status of the item.
Mr. Jeff Blackard provided a marketing update regarding Entrada.
Town Manager Brymer also provided an overview of the Granda subdivision
project regarding the streetscaping plan.
Director Greenwood provided an update regarding the stone wall complimenting
the streetscape, footing and alignment work of the subdivision wall, and the
number of homes built in conjunction with the installation of infrastructure.
Town Council Minutes
04/28/14
Page 3 of 6
c. Discussion of Emergency Preparedness; Capital Improvement Project – Outdoor
Warning System.
Chief Whitten provided a presentation and overview of the project and proposed
locations.
Discussion ensued regarding the recommended locations and specifications of
the equipment.
6. EXECUTIVE SESSION
The Council convened into Executive Session at 6:09 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
7. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 6:40 p.m.
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
Town Council Minutes
04/28/14
Page 4 of 6
9. COUNCIL RECAP / STAFF DIRECTION
Staff will provide additional information regarding the SMART Boards/on-the-wall
technology.
10. ADJOURNMENT
Mayor Wheat adjourned the work session at 6:41 p.m.
Regular Session
1. CALL TO ORDER
Mayor called the regular session to order at 6:41 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS:
Arbor Day, National Day of Prayer, Public Service Recognition Week and Teacher & Staff
Appreciation Week proclamations.
3. CONSENT AGENDA
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 an Interlocal Participation
Agreement with The Local Government Purchasing Cooperative.
MOTION: Council Member Stoltenberg made a motion to approve consent
agenda. Council Member Langdon seconded the motion. The
motion carried by a vote of 3-0.
Town Council Minutes
04/28/14
Page 5 of 6
4. 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
5. RECONVENE MEETING
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
7. FUTURE AGENDA ITEMS
No future agenda items.
8. COUNCIL CALENDAR
Town Council Minutes
04/28/14
Page 6 of 6
9. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 3-0.
Mayor Wheat adjourned the meeting at 6:47 p.m.
APPROVED BY THE TOWN COUNCIL ON MAY 19, 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, May 19, 2014
TOPIC: Consideration of a Resolution Denying the Rate Increase Requested by Atmos
Energy Corporation, Mid-Tex Division (Atmos) Under the Atmos’ Annual Rate
Review Mechanism (RRM) Filing in All Atmos Served Cities Exercising Original
Jurisdiction, Requiring Atmos to Reimburse the Atmos Cities’ Reasonable
Ratemaking Expenses for this RRM, and Authorizing the Town’s Participation
with the Atmos Cities Steering Committee in Any Appeal Filed at the Railroad
Commission by Atmos.
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: May 17, 2014 TBD based on RRC and Negotiations
Funding: Amount- N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Customer Focus CF.Promote Community Health,
Safety & Welfare
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
See attached Staff Report for the background to this Atmos rate case and the reasons for the
recommendation for denial.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Most Texas municipalities have retained original jurisdiction over gas utility rates and services
within their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of
municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex
Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly
public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates
it charges its customers is the only way that cities can insure that natural gas rates are equitable
and competitive. Working as a coalition, via the Atmos Cities Steering Committee, to review the
rates charged by Atmos allows cities to accomplish more collectively than each city could do
acting alone. Cities have more than 100 years’ experience in regulating natural gas rates in
Texas. See attached Staff Report for background on this particular Atmos rate case. Staff
recommends approval of this resolution denying this rate increase.
ATTACHMENTS
1. Staff Report Describing this Atmos Rate Filing and Background Supporting the
Recommendation for Denial 2.) Resolution Denying Rate Increase as Filed by Atmos
under the 2014 Annual Rate Review Mechanism
4400387.1 1
MODEL STAFF REPORT
The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). On or about February 28, 2014, Atmos Mid-Tex filed with the City an
application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff
renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review
process. This is the second annual RRM filing under the renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $45.7 million rate increase system-wide based
on an alleged test-year cost of service revenue deficiency of $49 million. Of the total amount
requested, almost $37 million is attributable to the affected cities. The City worked with ACSC
to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to
increase rates. Although a good faith attempt was made by ACSC to reach a compromise with
Atmos Mid-Tex, an agreement was not reached. In the absence of an agreement, the ACSC
Executive Committee and ACSC’s legal counsel have recommended that ACSC members adopt
the attached Resolution denying the rate increase request.
The RRM tariff was adopted by the City as an alternative to the Gas Reliability
Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s
rate regulatory authority to increase its rates annually to recover capital investments. In past
years, cities have been able to reach a compromise with Atmos to reduce the rate impact from the
requested RRM increases, and these compromises have also been lower than the rates that Atmos
would have been entitled to under the GRIP filing. In this case, the Company would have been
entitled to an increase from GRIP of no more than $31.5 million. The magnitude of the
requested increase under the 2014 RRM filing, and the wide differences between it and the
ACSC consultants’ recommendations made a compromise much more difficult and ultimately
impossible. The Company demanded more than it would be entitled to if it had filed a GRIP
case. For this reason, the ACSC Executive Committee and ACSC legal counsel recommend that
all ACSC Cities adopt the Resolution denying the requested rate change.
RRM Background:
The RRM tariff was originally approved by ACSC Cities as part of the settlement
agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years.
This is the second RRM filing under the renewed tariff. This filing was made by agreement less
than one year after the first filing in order for the RRM rate-setting process to hereafter use a
calendar year as the test period.
The RRM tariff and the process implementing that tariff were created collaboratively by
ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge
process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow
any review of the reasonableness of Atmos’ expenditures, and does not allow participation by
cities or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual adjustment as a substitute for GRIP filings.
4400387.1 2
ACSC’s consultants have calculated that had Atmos filed under the GRIP provisions, it would
have received additional revenues from ratepayers of approximately $31.5 million.
Purpose of the Resolution:
Rates cannot change without the adoption of rate ordinances by cities. No related matter
is pending at the Railroad Commission. The purpose of the Resolution is to deny the rate
increase requested by Atmos. Under the RRM tariff, Atmos may appeal the rate decision of the
cities to the Railroad Commission; such appeal must be filed within thirty (30) days of the City
action.
The RRM tariff also allows Atmos to implement its requested rates effective June 1 while
any appeal at the Commission is pending, subject to refunds based upon the outcome of the
appeal. This would represent a monthly increase of approximately $2.02 for the average
residential customer, subject to any refund if the Commission reduces the rates implemented by
Atmos. The actual impact will be slightly less than $2.02 for most residential customers because
the Company has indicated it will not appeal and thus concedes several of the issues raised by
Cities. The Resolution also authorizes the City to participate as a party to the appeal in
conjunction with the ACSC, and requires the Company to reimburse the City for its rate case
expenses associated with the City’s review of the RRM filing, and with the appeal of the City’s
denial of the rate increase.
Rate Impact of Appeal by Atmos Effective June 1:
The RRM tariff constrains the annual increase in the residential customer charge to no
more than $0.50. The current $17.70 customer charge will be increased to $18.22 per month
with the addition of an energy conservation program surcharge of $0.02. The current $17.70
customer charge for unincorporated area customers will become $20.32 per month because all of
the increase associated with a GRIP filing, which is applicable to all customers not covered by a
RRM tariff, is placed on the customer charge. However, the commodity charge for
unincorporated residential service will be less than one-half of the commodity charge for
residents of incorporated areas—$0.04172 per Ccf vs. $0.08998 per Ccf.
A comparison of rates and rate impact of what Atmos initially proposed in its RRM filing
is reflected in the following chart:
Customer
Class
Current
Bill
New
Bill
Difference
New
Customer
Charge
New
Commodity
Charge
Base
Rate
Increase
Residential 48.09 50.11 2.02 $ 18.22 $0.08998 Ccf 9.41%
Commercial 254.85 260.91 6.06 $ 38.85 $0.07678 Ccf 9.59%
Industrial 4,680.30 4,837.10 156.80 $675.00 declining block 9.70%
Transportation 2,836.84 2,993.64 156.80 $675.00 declining block 9.70%
However, Atmos has indicated that it will not appeal all issues raised by Cities and thus
the impact should be slightly less than what is reflected in the above chart. A precise impact
statement cannot be presented until after the Company’s appeal is filed.
4400387.1 3
Reasons Justifying Approval of the Resolution:
Consultants working on behalf of ACSC Cities have investigated the Company’s
requested rate increase. While the evidence does not support the $45.7 million increase
requested by the Company, ACSC’s consultants agree that the Company can justify an increase
in revenues of a much lesser amount—namely, an increase of only $19 million. The Executive
Committee authorized a settlement value considerably above the consultants’ recommendation
but it was insufficient to meet the Company’s expectation. The Company and ACSC Cities were
too far apart in their positions to reach a compromise, and rather than granting a partial increase
that the Company will not accept, the option remaining is to deny the rate increase request in its
entirety, and participate in the Company’s appeal of this decision at the Railroad Commission.
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph approves all findings in the Resolution.
2. This section denies the requested rate increase, finds the proposed rates to be
unreasonable and not in the public interest, and finds the existing rates to be just and reasonable.
3. This section requires the Company to reimburse ACSC Cities for reasonable
ratemaking costs associated with reviewing and processing the RRM application.
4. This section authorizes participation by the City in conjunction with ACSC in any
appeal filed by the Company at the Railroad Commission, and authorizes ACSC and its counsel
to act on behalf of the City. This section also requires the Company to reimburse ACSC Cities
for reasonable ratemaking costs associated with any appeal filed by the Company to the City’s
resolution.
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the
remaining provisions of this Resolution. This section further directs that the remaining
provisions of the Resolution are to be interpreted as if the offending section or clause never
existed.
7. This paragraph directs that a copy of the signed Resolution be sent to a
representative of the Company and legal counsel for ACSC.
Resolution 14-19
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 14-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
DENYING THE RATE INCREASE REQUESTED BY ATMOS ENERGY CORP., MID-TEX
DIVISION UNDER THE COMPANY’S 2014 ANNUAL RATE REVIEW MECHANISM FILING
IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; REQUIRING THE COMPANY
TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES PERTAINING TO
REVIEW OF THE RRM; AUTHORIZING THE CITY’S PARTICIPATION WITH ATMOS
CITIES STEERING COMMITTEE IN ANY APPEAL FILED AT THE RAILROAD
COMMISSION OF TEXAS BY THE COMPANY; REQUIRING THE COMPANY TO
REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES IN ANY SUCH APPEAL
TO THE RAILROAD COMMISSION; DETERMINING THAT THIS RESOLUTION WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; AND REQUIRING DELIVERY OF THIS
RESOLUTION TO THE COMPANY AND THE STEERING COMMITTEE’S LEGAL
COUNSEL.
WHEREAS, the Town of Westlake Texas (“Town”) is a gas utility customer of Atmos Energy
Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest
in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have joined
together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos
Mid-Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007 Statement of
Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review
Mechanism (“RRM”) tariff that allows for an expedited rate review process controlled in a three-year
experiment by ACSC Cities as a substitute to the current Gas Reliability Infrastructure Program (“GRIP”)
process instituted by the Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-
Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff process
for an additional five (5) years; and
WHEREAS, the City passed an ordinance renewing the RRM tariff process for the Town for an
additional five (5) years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities’ reasonable
expenses associated with RRM applications; and
WHEREAS, on or about February 28, 2014, the Company filed with the Town its second annual
RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates by $45.7 million;
and
Resolution 14-19
Page 2 of 3
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing through its
Executive Committee, assisted by ACSC attorneys and consultants, to investigate issues identified by
ACSC in the Company’s RRM filing; and
WHEREAS, ACSC attorneys and consultants have concluded that the Company is unable to
justify a rate increase of the magnitude requested in the RRM filing; and
WHEREAS, ACSC’s consultants determined the Company is only entitled to a $19 million
increase, approximately 42% of the Company’s request under the 2014 RRM filing; and
WHEREAS, the Company would only be entitled to approximately $31 million if it had a GRIP
case; and
WHEREAS, the Company’s levels of operating and maintenance expense have dramatically
risen without sufficient justification; and
WHEREAS, the Company has awarded its executives and upper management increasing and
unreasonable levels of incentives and bonuses, expenses which should be borne by shareholders who
received a 23% total return on investment in 2013; and
WHEREAS, the Company requested a drastically high level of medical expense that is
unreasonable and speculatively based upon estimates; and
WHEREAS, ACSC and the Company were unable to reach a compromise on the amount of
additional revenues that the Company should recover under the 2014 RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities deny the requested rate increase; and
WHEREAS, the Company’s current rates are determined to be just, reasonable, and in the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
Section 1: That the findings set forth in this Resolution are hereby in all things approved.
Section 2: That the Town Council finds that Atmos Mid-Tex was unable to justify the
appropriateness or the need for the increased revenues requested in the 2014 RRM filing, and that existing
rates for natural gas service provided by Atmos Mid-Tex are just and reasonable.
Section 3: That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the
ACSC Cities in processing the Company’s RRM application.
Section 4: That in the event the Company files an appeal of this denial of rate increase to the
Railroad Commission of Texas, the Town is hereby authorized to intervene in such appeal, and shall
participate in such appeal in conjunction with the ACSC membership. Further, in such event Atmos Mid-
Tex shall reimburse the reasonable expenses of the ACSC Cities in participating in the appeal of this and
other ACSC City rate actions resulting from the 2014 RRM filing.
Resolution 14-19
Page 3 of 3
Section 5: That the meeting at which this Resolution was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 6: That if any one or more sections or clauses of this Resolution is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions
of this Resolution and the remaining provisions of the Resolution shall be interpreted as if the offending
section or clause never existed.
Section 7: That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan,
Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862,
Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle &
Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY 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, May 19, 2014
TOPIC: Adopt the proposed amendments to the FY 2013-2014 Municipal Budget.
STAFF CONTACT: Debbie Piper, Finance Director
DECISION POINTS
Start Date Completion Date
Timeframe: October 1, 2013 September 30, 2014
Funding: Amount- $563,030 Status- Funded Source- Multiple Sources - see
comments below
The Town of Westlake’s Proposed FY 2013-2014 budget amendments include allocations from the fund
balances in both the General Fund and the Utility Fund.
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Fiscal Stewardship &
Organizational
Effectiveness
5. Budget according
to established
service level
provisions within
departments.
SA 05.1: Budget Preparation
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
The Town Council adopted FY 2013-2014 municipal budget by Ordinance 714 on September 16, 2013.
Circumstances have arisen during the current fiscal year which have, or will, require the expenditure of
additional funds. Funds are available in fund balance of both the General Fund and the Utility Fund.
Details of these proposed amendments are listed below:
Page 2 of 2
General Fund - Source will be fund balance - $349,500
($192,000) – Expenditures to the Westlake Academy operating fund (transfer)
o ($152,000) - Additional personnel costs for increased staffing levels (net of grant funds).
o ($ 40,000) - Costs related to the Executive Principal search
($130,000) - Transfer out of funds to the Westlake Academy Expansion, Phase I capital project
fund for the purchase of smart boards.
($ 27,500) - Increase of the “records management” line-item to purchase and implement Laserfiche
for Westlake Academy.
Westlake Academy Expansion Fund, Phase I
$130,000 – Transfer in from General Fund
($130,000) – Increase of FF&E for purchase of smart boards
Utility Fund – Source will be fund balance - $213,530
($213,530) - Transfer out of funds to the Utility Maintenance and Replacement Fund for the TCEQ
Penalty and lift station discharge repairs.
Utility Maintenance and Replacement Fund
$213,530 - Transfer in from the Utility Fund
($213,530) - Increase of the “Hwy 114 lift station discharge – project #12”
ORGANIZATIONAL HISTORY/RECOMMENDATION
It is recommended to adopt this mid-year amendment to the FY 2013-2014 municipal budget as proposed.
ATTACHMENTS
Ordinance 727
Ordinance 727
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 727
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS TO ADOPT AN AMENDMENT TO THE 2013-2014 MUNICIPAL BUDGET;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Westlake adopted the FY 2013-2014
municipal budget by Ordinance 714 on September 16, 2013; and
WHEREAS, the Town Council of the Town of Westlake utilized diligent thought and
attention to the preparation of the FY 2013-2014 budget; and
WHEREAS, circumstances have arisen during the fiscal year which have, or will require
the expenditure of additional funds in the transfer and expenditure line items of the General Fund
and Utility Fund, and an increase of expense in the Utility General Maintenance and
Replacement Fund and the Westlake Academy Expansion, Phase I Fund, and for which there is
more than adequate funding included in the fund balance of each fund; and
WHEREAS, Section 102.010 of the Local Government Code allows the Town Council
to make changes to the budget for municipal purposes; and
WHEREAS, the Town Council finds the amendments indicated in “Exhibit A” are
reasonable and necessary; and
WHEREAS, the Town Council desires to amend Ordinance 714, to reflect a
supplemental appropriation and/or transfer in the fiscal year 2013-2014.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS, THAT:
SECTION 1: The Town Council hereby adopts and approves amendments to the
General, Westlake Academy Expansion - Phase I, Utility, and Utility Maintenance Funds for the
fiscal year beginning October 1, 2013 through September 30, 2014 as indicated in the attached
“Exhibit A”.
SECTION 2: A true and correct copy of this ordinance showing the approved budget
amendments shall be filed with the Town Secretary and in the office of the County Clerk of
Tarrant County, Texas, as required by Section 102.009 of the Local Government Code.
SECTION 3: This ordinance shall be cumulative of all provisions of ordinances of the
Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
Ordinance 727
Page 2 of 2
SECTION 4: It is hereby declared to be the intention of the Town Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the Town Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5: This ordinance shall be in full force and effect from and after its passage,
and it is so ordained.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, ON THIS 19th DAY OF MAY 2014.
APPROVED:
_____________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED:
______________________________
L. Stanton Lowry, Town Attorney
"Exhibit A"
May 19, 2014
Adopted Revised
Budget Change Budget Funding
Account Number Account Description Purpose of Amendment Amount Amount Amount Source
100.47900.10 Westlake Academy Expense Additional personnel costs (net of grant
funds)-$ 152,000$ 152,000$ Fund Balance
100.47900.10 Westlake Academy Expense Costs related to Executive Principal
search - 40,000 40,000 Fund Balance
100.62581.99 Transfer Out to Westlake
Academy Expansion Purchase of smart boards - 130,000 130,000 Fund Balance
100.43241.10 Records Management
Expense
Purchase and implement Laserfische at
Westlake Academy - 27,500 27,500 Fund Balance
TOTAL GENERAL FUND -$ 349,500$ 349,500$
Adopted Revised
Budget Change Budget Funding
Account Number Account Description Purpose of Amendment Amount Amount Amount Source
412.52510.88 Transfer In from General
Fund Purchase of smart boards (500,000)$ (130,000)$ (630,000)$ n/a
412.47415.00 Furniture and Fixtures Purchase of smart boards 474,209 130,000 604,209 n/a
TOTAL WA EXPANSION (25,791)$ -$ (25,791)$
Adopted Revised
Budget Change Budget Funding
Account Number Account Description Purpose of Amendment Amount Amount Amount Source
500.62620.99 Transfer Out to Utility
Maintenance Fund
TCEQ Penalty and lift station discharge
repairs 50,000$ 213,530$ 263,530$ Fund Balance
-
TOTAL UTILITY FUND 50,000$ 213,530$ 263,530$
Adopted Revised
Budget Change Budget Funding
Account Number Account Description Purpose of Amendment Amount Amount Amount Source
510.52550.88 Transfer In from Utility Fund TCEQ Penalty and lift station discharge
repairs (50,000)$ (213,530)$ (263,530)$ n/a
510.44114.00.
Project 12 114 Lift Station Discharge TCEQ Penalty and lift station discharge
repairs - 213,530 213,530 n/a
TOTAL UTILITY MAINTENANCE & REPLACEMENT FUND (50,000)$ -$ (50,000)$
TOTAL ALL FUNDS (25,791)$ 563,030$ 537,239$
ADDITIONAL COMMENTS
Budget Amendment Request
FY 2013/2014
GENERAL FUND 100
WESTLAKE ACADEMY EXPANSION FUND 412 (CIP)
Town of Westlake
T:\Budget Amendments -Town\Budget Amendment Request Form
UTILITY FUND 500
UTILITY MAINTENANCE & REPLACEMENT FUND 510
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Consider approval of Resolution 14-20 amending the original guaranteed
maximum price (GMP) of $8,542,930 to $8,626,745 ($83,815) with Steele &
Freeman, Inc., for the Phase One of the Westlake Academy Campus Expansion
Project and authorize the Town Manager to make funding changes via change
order not to exceed $25,000 on this project.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
DECISION POINTS
Start Date Completion Date
Timeframe: August 26, 2013 December 31, 2014
Funding: Amount- $130,000 Status- Funded Source- General Fund
The Guaranteed Maximum Price (GMP) increase will be funded by a transfer from the General
Fund to the WA Campus Expansion-Phase I capital project fund in the amount of $130,000 to
fund the purchase of the smart boards, installation cost, and CMR fees.
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
The construction of Phase I of the Westlake Academy Campus Expansion Project was approved
by the Council in June 2013. Steele & Freeman was approved by the Council as the CM at Risk
in April 2013. The estimated project budget is $10,500,000 which includes the hard and soft
costs for the project. The Town council has approved the following amendments to the GMP
and change orders
• March 24, 2014- Decrease the GMP by $111,490 to be used for the low voltage
package
• April 28, 2004 -Increased the GMP by $200,000 West parking lot
improvements
• May 12, 2014 -$85,000 change order for ADA sidewalks(No impact on the
GMP)
• May 19, 2014- $83,815 increase GMP Smart Board cost
• May 19, 2014 -$23,000, increase AVI contract to the install Smart Boards by
change order
Staff recommends using a $130,000 transfer from the General Fund to the WA Campus
Expansion-Phase I capital project fund in the amount of $130,000 to fund the purchase of the
smart boards, installation cost, and CMR fees.
This technology will have a big impact on how the teacher is able to increase the learning
opportunity for the students in the classroom. This was presented to the Board of Trustee and the
Town Council on May 12, 2014 by the new executive principal. Approving this resolution would
increase the GMP funding by $83,815 and increase the agreement with AVI by $23,000. The
remaining balance of $23,185 will be used for the installation of two smart boards in the current
buildings and contingency.
GMP $8,542,930 increase to $8,626,745
Audio video $115,238.00 increase to $138,238
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends Council authorizing the Town Manager to increase the GMP to amend the
original guaranteed maximum price (GMP) of $8,542,930 to $8,626,745 with Steele & Freeman,
Inc., for the Phase One of the Westlake Academy Campus Expansion Project, and authorize
Town Manager to make funding changes via change order not to exceed $25,000 on this project.
ATTACHMENTS
Resolution with AIA document; Exhibit A – to be presented to Council at the meeting.
Resolution 14-20
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 14-20
A RESOLUTION OF THE TOWN COUNCIL ALLOWING THE TOWN MANAGER TO
AMEND THE ORIGINAL GUARANTEED MAXIMUM PRICE (GMP) OF $8,542,930 TO
$8,626,745 ($83,815) WITH STEELE & FREEMAN, INC., FOR THE 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.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and,
WHEREAS, construction manager at risk will amend the original guaranteed maximum
price (GMP) to effectively provide smart board and the infrastructure three story secondary
classroom building, one single story field house and the portable buildings; and,
WHEREAS, the increase will be funded by a transfer from the General Fund to the WA
Campus Expansion-Phase I capital project fund in the amount of $130,000; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby authorizing the
Town Manager to AMENDING THE ORIGINAL 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 Town of Westlake Town Council hereby authorizes the Town
Manager or his designee to approve change orders to this agreement up to $25,000, in the
aggregate, on behalf of the Town of Westlake.
Resolution 14-20
Page 2 of 2
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 19th DAY OF May 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 - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Discussion and Consideration to elect a Mayor Pro Tempore.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: May 1, 2014 May 19, 2014
Funding: Amount- Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Leadership Operational
Processes N/A
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
Pursuant to Local Government Code Section 22.037 the Council shall elect a Mayor Pro
Tempore following the May General election.
The Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the
Mayor to perform such duties.
The Mayor Pro Tem shall have the right to vote as a member of the Council.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Elect a Mayor Pro Tempore.
ATTACHMENTS
N/A
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the
Code of Ordinances, Chapter 102, Article III, Section 102-61, Land Use
Schedule. Amending the Land Use Schedule under the Permitted Use “Temporary
batching plants” allowing this use in all zoning districts subject to receiving an
approval of a Specific Use Permit.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Consideration of an amendment to the Code of Ordinances to allow Temporary Batching Plants
as a Permitted Use in all zoning districts subject to receiving an approval of a Specific Use
Permit.
ORGANIZATIONAL HISTORY/RECOMMENDATION
A temporary concrete batch plant allows a developer to mix concrete on-site and greatly reduce
his costs. The benefit to the town is that mixing concrete on-site keeps a lot of concrete delivery
trucks off of the roadways.
The Specific Use Permit allows the Town Council to approve the batch plant conditionally. For
example:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within XXX days from the installation
date.
The Planning and zoning commission recommended approval of this ordinance at the May 5th,
2014 Public Hearing
ATTACHMENTS
None
Ordinance 728
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 728
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER
102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES. AMENDING THE
LAND USE SCHEDULE TO ALLOW TEMPORARY CONCRETE BATCH PLANTS IN
ALL ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT;
PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens and property owners in the Town of Westlake, to allow Temporary
Concrete Batch Plants on all properties regardless of zoning district, with a Specific Use Permit;
and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the
best interest of the citizens and property owners in the Town of Westlake, to regulate the
location, access and operations of Temporary Concrete Batch Plants; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it
environmentally conscientious to encourage the use of Temporary Concrete Batch Plants which
will reduce the number of trucks on local roadways;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Chapter 102 of the Town of Westlake Code of Ordinances is hereby
amended to allow Temporary Concrete Batching Plants, with an approved Specific Use Permit,
in all zoning Districts. The modified portion of the Land Use Table shall read as follows:
Chapter 102 ZONING*
Article III. Permissible Uses
Division 1. Generally
Ordinance 728
Page 2 of 3
Sec. 102-61. Land use schedule.
Buildings, structures and land shall be used only in accordance with the uses permitted in the
following land use schedule, subject to all other applicable requirements of this chapter,
including article IV, district development standards:
(1) The symbol "X" shall mean that the use is permitted as a principal use in that zoning district
by right.
(2) The symbol "S" shall mean that the principal use is permitted in that zoning district only
after first obtaining a specific use permit (SUP) as set forth in this article.
(3) The symbol "A" shall mean that this use is specifically permitted as an accessory use to a
main use in the district. This does not exclude other land uses which are generally considered
ancillary to the primary use.
(4) The word "Yes" in the column titled "Site Plan" shall mean that site plan approval is
required prior to issuance of a building permit, subject to the requirements of article VIII of this
chapter, applications, section 102-314, Required Site Plan.
(5) An asterisk (*) indicates that the use has special standards or requirements listed in this
section, which it must meet in order to be allowed.
(6) A blank square shall mean that the use is not allowed in that zoning district as a principal
use.
(7) Any use not listed under Permitted Uses is not allowed.
WESTLAKE LAND USE SCHEDULE
TABLE INSET:
SF Residential Permitted Uses Commercial
R-5 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O OH O-I
S S S S S Temporary Batching Plant* S S S S S S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning, fire safety or public health and sanitation, including dumping or
refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
Ordinance 728
Page 3 of 3
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, publication clause and the effective date of this ordinance.
SECTION 8: EFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY, 2014.
__________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending
Ordinance 588, the PD Zoning Ordinance for Planned Development District 1, by
adding to the Permitted Use Table “Temporary concrete batch plants” subject to
receiving an approval of a Specific Use Permit.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Consideration of an amendment to the PD1 Zoning District regulations by adding a Permitted
Use “Temporary Concrete Batching Plant” – subject to approval of a Specific Use Permit.”
ORGANIZATIONAL HISTORY/RECOMMENDATION
A temporary concrete batch plant allows a developer to mix concrete on-site and greatly reduce
his costs. The benefit to the town is that mixing concrete on-site keeps a lot of concrete delivery
trucks off of the roadways.
The Specific Use Permit allows the Town Council to approve the batch plant conditionally. For
example:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within XXX days from the installation
date.
The Planning and zoning commission recommended approval of this ordinance at the May 5th,
2014 Public Hearing
ATTACHMENTS
None
Ordinance 729
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 729
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE 202 (AS AMENDED), BEING THE PD 1 ZONING DISTRICT, BY
AMENDING THE LIST OF PERMITTED USES TO ALLOW TEMPORARY
CONCRETE BATCH PLANTS WITH AN APPROVED SPECIFIC USE PERMIT;
PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens and property owners in the Town of Westlake, to allow Temporary
Concrete Batch Plants on all properties regardless of zoning district, with a Specific Use Permit;
and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the
best interest of the citizens and property owners in the Town of Westlake, to regulate the
location, access and operations of Temporary Concrete Batch Plants; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it
environmentally conscientious to encourage the use of Temporary Concrete Batch Plants which
will reduce the number of trucks on local roadways;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Ordinance 202, Section 1, be amended to read as follows:
Section 1. Principal Uses Permitted. No building, structure or premises
shall be used other than for the following purposes, together with the
ancillary and accessory uses specified in Section 2 :
A. Office buildings for business and professional use, including, but not
limited to, administrative, executive, engineering, accounting, scientific, research
and development, educational, marketing, information processing, computers,
statistical and financial purposes, provided such use shall not involve any
Ordinance 729
Page 2 of 3
machinery or process which pollutes the environment, including without
limitation those which emit dust, smoke, odor, fumes, noise, vibrations or
the like;
B. Educational facilities and temporary accommodations for employees,
customers, and visitors to such educational facilities;
C. Hotel and conferencing facilities;
D. Retail uses including but not limited to, medical and dental clinics,
cafeterias, restaurants, travel agencies, banks and other financial institutions, hair
salons, jewelry stores, child care centers, dry cleaners, and other uses permitted
under the retail category of the Comprehensive Zoning Ordinance of 1992, as
amended;
E. Institutional and/or Governmental Uses; and
F. Sports and health club; and
G. Temporary Concrete Batching Plant, with an approved Specific Use Permit.
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning, fire safety or public health and sanitation, including dumping or
refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Ordinance 729
Page 3 of 3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, publication clause and the effective date of this ordinance.
SECTION 8: EFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY, 2014.
__________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending
Ordinance 703, the PD Zoning Ordinance for Planned Development District 1,
Planning Area 2 (PD1-2), ENTRADA, by adding to the Permitted Use Table
“Temporary concrete batch plants” subject to receiving an approval of a Specific
Use Permit. The subject property is an 85 Acre (approx.) tract of land located at
the southeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard, extending
south to Dove Road.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Consideration of an amendment to the PD1-2 Planning Area regulations by adding a Permitted
Use “Temporary Concrete Batch Plant” – subject to approval of a Specific Use Permit.”
ORGANIZATIONAL HISTORY/RECOMMENDATION
A temporary concrete batch plant allows a developer to mix concrete on-site and greatly reduce
his costs. The benefit to the town is that mixing concrete on-site keeps a lot of concrete delivery
trucks off of the roadways.
The Specific Use Permit allows the Town Council to approve the batch plant conditionally. For
example:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within XXX days from the installation
date.
The Planning and zoning commission recommended approval of this ordinance at the May 5th,
2014 Public Hearing
ATTACHMENTS
None
Ordinance 730
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 730
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE 703 BY AMENDING THE PERMITTED USES TO ALLOW
TEMPORARY CONCRETE BATCH PLANTS WITH AN APPROVED SPECIFIC USE
PERMIT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens and property owners in the Town of Westlake, to allow Temporary
Concrete Batch Plants on all properties regardless of zoning district, with a Specific Use Permit;
and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the
best interest of the citizens and property owners in the Town of Westlake, to regulate the
location, access and operations of Temporary Concrete Batch Plants; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it
environmentally conscientious to encourage the use of Temporary Concrete Batch Plants which
will reduce the number of trucks on local roadways;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Ordinance 703, Article II. Uses, Section 1 Land Use Schedule, be
amended by adding to the Land Use Schedule: Temporary Concrete Batching Plants, with an
approved Specific Use Permit.
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning, fire safety or public health and sanitation, including dumping or
refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
Ordinance 730
Page 2 of 2
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, publication clause and the effective date of this ordinance.
SECTION 8: EFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY, 2014.
__________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending
Ordinance 693, the PD Zoning Ordinance for Planned Development District 1,
Planning Area 3 (PD1-3), by adding to the Permitted Use Table “Temporary
concrete batch plants” subject to receiving an approval of a Specific Use Permit.
The subject property is an 85 Acre (approx.) tract of land located at the southeast
Corner of FM 1938 (Davis Blvd) and Solana Boulevard, extending south to Dove
Road.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe:
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Consideration of an amendment to the PD1-3 Planning Area regulations by adding a Permitted
Use “Temporary Concrete Batch Plant” – subject to approval of a Specific Use Permit.”
ORGANIZATIONAL HISTORY/RECOMMENDATION
A temporary concrete batch plant allows a developer to mix concrete on-site and greatly reduce
his costs. The benefit to the town is that mixing concrete on-site keeps a lot of concrete delivery
trucks off of the roadways.
The Specific Use Permit allows the Town Council to approve the batch plant conditionally. For
example:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within XXX days from the installation
date.
The Planning and zoning commission recommended approval of this ordinance at the May 5th,
2014 Public Hearing
ATTACHMENTS
None
Ordinance 731
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 731
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE 693 (PD1-3) BY AMENDING THE PERMITTED USES TO ALLOW
TEMPORARY CONCRETE BATCH PLANTS WITH AN APPROVED SPECIFIC USE
PERMIT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens and property owners in the Town of Westlake, to allow Temporary
Concrete Batch Plants on all properties regardless of zoning district, with a Specific Use Permit;
and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the
best interest of the citizens and property owners in the Town of Westlake, to regulate the
location, access and operations of Temporary Concrete Batch Plants; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it
environmentally conscientious to encourage the use of Temporary Concrete Batch Plants which
will reduce the number of trucks on local roadways;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Ordinance 693, Article II. Uses, Section 1 Land Use Schedule, be
amended by adding to the Land Use Schedule: Temporary Concrete Batching Plants, with an
approved Specific Use Permit.
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning, fire safety or public health and sanitation, including dumping or
refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
Ordinance 731
Page 2 of 2
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, publication clause and the effective date of this ordinance.
SECTION 8: EFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY, 2014.
__________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 4
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: SUP 03-01-2014 Public Hearing and Consideration for Approval of a Specific
Use Permit to allow the placement of a Temporary Concrete Batching Plant at
2301 Solana Blvd. in the Planned Development District 1, Planning Area 3 (PD1-
3) “GRANADA”. The subject property is an 85 Acre (approx.) tract of land
located at the southeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard,
extending south to Dove Road.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 4
EXECUTIVE SUMMARY
Consideration of a Specific Use Permit to allow the placement of a Temporary Concrete
Batching Plant at 2301 Solana Blvd.
ORGANIZATIONAL HISTORY/RECOMMENDATION
A temporary concrete batch plant allows a developer to mix concrete on-site and greatly reduce
his costs. The benefit to the town is that mixing concrete on-site keeps a lot of concrete delivery
trucks off of the roadways.
The Specific Use Permit allows the Town Council to approve the batch plant conditionally. Staff
recommended conditions are:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town. On-site shall mean within the Granada Project and adjacent
right-of-ways.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within 90 days from the installation date.
The Planning and Zoning Commission, at the May 5th, 2014 Public Hearing, recommended
approval subject to staff recommendations along with the following conditions:
6. Establishing the preferred route being State Highway 114 to Davis to Dove Road
entrance of project.
7. Moving the plant further north away from Dove Road to a location to be approved by the
Town Council.
ATTACHMENTS
Application with exhibits.
Page 3 of 4
Page 4 of 4
Ordinance 732
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 732
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE
703, THE PD1-3 ZONING DISTRICT, OF THE TOWN OF WESTLAKE, TEXAS, BY
APPROVING A SPECIFIC USE PERMIT FOR A TEMPORARY CONCRETE BATCHING
PLANT TO BE LOCATED AT 2301 SOLANA BLVD; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by
the electorate pursuant to the Texas Constitution, and the Local Government Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of
Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and
State Law with reference to the approving of Specific Use Permits under the Zoning Ordinance and
Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings
and affording a full and fair process to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof, the Town Council of the Town of Westlake is
of the opinion that said change in zoning use should be made, subject to the conditions set out herein.
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of
the citizens and property owners in the Town of Westlake, to allow a Temporary Concrete Batch Plant
to be placed on the subject property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2: That Ordinance 703 be amended by approving a Specific Use Permit for a
temporary concrete batching plant located within the property at 2301 Solana Blvd.
SECTION 3 : That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code, the Comprehensive Zoning Ordinance of the Town
of Westlake, and the following conditions:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town. On-site shall mean within the Granada Project and adjacent right-of-
ways.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within 90 days from the installation date.
Ordinance 732
Page 2 of 2
6. Establishing the preferred route being State Highway 114 to Davis to Dove Road entrance of
project.
7. Moving the plant further north away from Dove Road to a location to be approved by the Town
Council.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this
ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance
of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
SECTION 7: This ordinance shall take effect immediately from and after its passage as the law
in such case provides.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY, 2014.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________________ ____________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 3
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, May 19, 2014
TOPIC: SUP 03-12-2014 Public Hearing and Consideration for Approval of a Specific
Use Permit to allow the placement of a Temporary Concrete Batching Plant at
1840 Sam School Road in the PD-1 zoning district. The subject property is a tract
of land located south of the Gas Well Pad Site on Sam School Road.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: October 2013
Funding: Amount- None. Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Financial
Stewardship
Enhance and Maintain a Sense of
Community
Strategic Issue Outcome
Strategy Staff Action
Comprehensive
Planning and
Management of
Natural Resources
N/A SA 09D1: Ordinances
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 3
EXECUTIVE SUMMARY
Consideration of a Specific Use Permit to allow the placement of a Temporary Concrete
Batching Plant at 1840 Sam School Road.
ORGANIZATIONAL HISTORY/RECOMMENDATION
A temporary concrete batch plant allows a developer to mix concrete on-site and greatly reduce
his costs. The benefit to the town is that mixing concrete on-site keeps a lot of concrete delivery
trucks off of the roadways.
The Specific Use Permit allows the Town Council to approve the batch plant conditionally. Staff
recommended conditions are:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town. On-site shall mean within the Granada Project and adjacent
right-of-ways.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within 90 days from the installation date.
The Planning and zoning commission at the May 5th, 2014 Public Hearing, added recommended
approval subject to staff recommendations along with the following conditions:
6. Establishing the preferred route being State Highway 114 to Solana to Sam School road.
7. Reclamation and re-vegetation of the site to Town standards after removal of the plant.
ATTACHMENTS
Site exhibit
Page 3 of 3
Ordinance 733
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 733
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE
202, THE PD1 ZONING DISTRICT, OF THE TOWN OF WESTLAKE, TEXAS, BY
APPROVING A SPECIFIC USE PERMIT FOR A TEMPORARY CONCRETE BATCHING
PLANT TO BE LOCATED AT 1840 SAM SCHOOL ROAD; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE
RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by
the electorate pursuant to the Texas Constitution, and the Local Government Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of
Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and
State Law with reference to the approving of Specific Use Permits under the Zoning Ordinance and
Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings
and affording a full and fair process to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof, the Town Council of the Town of Westlake is
of the opinion that said change in zoning use should be made, subject to the conditions set out herein.
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of
the citizens and property owners in the Town of Westlake, to allow a Temporary Concrete Batch Plant
to be placed on the subject property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2: That Ordinance 703 be amended by approving a Specific Use Permit for a
temporary concrete batching plant located within the property at 1840 Sam School Road.
SECTION 3 : That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code, the Comprehensive Zoning Ordinance of the Town
of Westlake, and the following conditions:
1. No concrete shall be used for projects other than on-site improvements without specific
approval from the town. On-site shall mean within the Granada Project and adjacent right-of-
ways.
2. No dust shall leave the property.
3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday – Friday.
4. Noise must not exceed the decibel limits allowed by town ordinances.
5. The batch plant must be removed from the site within 90 days from the installation date.
Ordinance 733
Page 2 of 2
6. Establishing the preferred route being State Highway 114 to Solana to Sam School road.
7. Reclamation and re-vegetation of the site to Town standards after removal of the plant.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
SECTION 7: This ordinance shall take effect immediately from and after its passage as the law
in such case provides.
PASSED AND APPROVED ON THIS 19TH DAY OF MAY, 2014.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________________ ____________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
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
d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the
appointment, employment, evaluation, reassignment, duties of a public officer or
employee: Town Manager
Town of Westlake
Item # 11 –
Executive Session
Town of Westlake
Item # 12 –
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
d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the
appointment, employment, evaluation, reassignment, duties of a public officer or
employee: Town Manager
Town of Westlake
Item # 13 – 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.
A. No-Smoking Ordinance (Mayor Wheat)
B. Dog Park (Mayor Wheat)
Town of Westlake
Item #14 - Future
Agenda Items
COUNCIL CALENDAR
Town Council Workshop & Meeting
Monday, May 19, 2014
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
Town Council All-Day Planning Retreat
Friday, May 30, 2014; 9:00 a.m. - 5:00 p.m.
Secondary End-of-Year Awards Ceremony
Monday, June 2, 2014; 9:00 a.m.
WA Gymnasium
Class of 2014 Baccalaureate Program
Monday, June 2, 2014; 10:30 a.m.
WA Gymnasium
Class of 2014 Alumni Walkway ceremony
Monday, June 2, 2014; 11:30 a.m.
Between MYP and Gymnasium Buildings
Board of Trustees Workshop & Meeting
Monday, June 2, 2014
Town of Westlake
Item # 15 –
Council Calendar
Comp Plan Steering Committee Meeting
Tuesday, June 3, 2014; 6:00 – 9:00 p.m.
Council Chambers; Town Hall at Solana
2014 Senior Banquet
Thursday, June 5, 2014; 6:30-10:00 p.m.
Marriott Hotel & Golf Club at Champions Circle; SH114 across from TMS
Last Day of School & End-of-Year Picnic with RadioDisney
Friday, June 6, 2014; 12:30 p.m.
WA Campus - Town Green
Westlake Academy Graduation
Saturday, June 7, 2014; 2:00 p.m.
Hurst Conference Center
Town Council Special Called Meeting (for PID) Tentative
Thursday, June 12, 2014; 9:00 a.m.
Town Council Workshop & Meeting
Monday, June 16, 2014
Town of Westlake
Item # 16 –
Adjournment
Back up material has not
been provided for this item.