HomeMy WebLinkAbout01-23-12 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
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TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
January 23, 2012
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
Workshop Session: 5:00 p.m.
Regular Session 6:30 p.m.
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Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JANUARY 23, 2012,
REGULAR MEETING. (30 min)
4. REPORTS
a. Fidelity ingress/egress affected by FM 1938 construction.
5. DISCUSSION ITEMS
a. Quarterly Financial Dashboard and Analysis for the Quarter ended December 31,
2011. (15 min)
b. Discussion regarding contracting with Denton and/or Tarrant counties for the
2012 general election. (15 min)
6. COUNCIL RECAP / STAFF DIRECTION
7. 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.
a. Consider approval of the minutes from the meeting held on December 12, 2011.
b. Consider amending the minutes from the meeting held on June 28, 2010.
c. Consider approval of Resolution 12-01, Amending the 2012 meeting calendar.
d. Consider approval of Ordinance 674, Calling the May 12, 2012, General
Election. (Considere aprobación de Ordenanza 674, Llamando el el 12 de mayo de 2012, la
Elección general)
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e. Consider approval of Resolution 12-02, Approving an Interlocal agreement and
License agreement with the City of Southlake for the installation and operation of
TW King 30” waterline within Town of Westlake right-of-way adjacent to FM
1938.
f. Consider approval of Resolution 12-03, Amending the travel policy and its
inclusion into the Town of Westlake Personnel Manual.
4. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. 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
c. Section 551.072 Deliberations Regarding Real Property – to deliberate the
purchase, exchange, lease or value of real property.
d. Section 551.071 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: Michael Eaton vs. Town of Westlake
5. RECONVENE MEETING
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town
Manager with the requested item and the Town Manager will list it on the agenda. At
the meeting, the requesting Council Member will explain the item, the need for Council
discussion of the item, the item’s relationship to the Council’s strategic priorities, and
the amount of estimated staff time necessary to prepare for Council discussion. If the
requesting Council Member receives a second, the Town Manager will place the item on
the Council agenda calendar allowing for adequate time for staff preparation on the
agenda item.
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8. COUNCIL CALENDAR
- Northeast Leadership Forum Annual Meeting & Award Luncheon
February 3, 2012; 11:30 – 1:00 pm; Hurst Conference Center
- Board of Trustee Meeting
February 6, 2012
- Northeast Tarrant Transportation Summit
February 10, 2012; 8:30 am - 1:30 pm; Hurst Conference Center
- Gallery Night
March 3, 2012, Marriott Solana at 6:00 p.m.
- Board of Trustee Meeting
March 5, 2012
- WA Spring Break
March 12 – 16, 2012
- Town Council Meeting
March 26, 2012
9. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE
SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER
SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS
GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
January 19, 2012, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government
Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on December 12, 2011.
b. Consider amending the minutes from the meeting held on June 28, 2010.
c. Consider approval of Resolution 12-01, Amending the 2012 meeting calendar.
d. Consider approval of Ordinance 674, Calling the May 12, 2012, General Election.
(Considere aprobación de Ordenanza 674, Llamando el el 12 de mayo de 2012, la Elección general)
e. Consider approval of Resolution 12-02, Approving an Interlocal agreement and
License agreement with the City of Southlake for the installation and operation of
TW King 30” waterline within Town of Westlake right-of-way adjacent to FM 1938.
f. Consider approval of Resolution 12-03, Amending the travel policy and its
inclusion into the Town of Westlake Personnel Manual.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate
discussion unless a Board Member requests that report be removed and considered
separately.
a. Fidelity ingress/egress affected by FM 1938 construction.
Town of Westlake
Item # 4 –
Reports
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TOWN COUNCIL AGENDA ITEM
Department: Public Works Department Meeting Date: January 23, 2012
Staff Contact: Jarrod Greenwood Report
Public Works Director
Subject: Fidelity ingress/egress affected by FM 1938 construction.
EXECUTIVE SUMMARY
TxDOT and the FM 1938 contractor anticipate switching traffic from SH 114 to Vaquero Club
Drive on January 25th to the newly constructed concrete pavement. Part of this transition will
include closing Bull Way (Fidelity’s southern entrance off of Precinct Line Road/FM 1938 – see
attached map). While the construction plans have always anticipated closing this entrance, the
timing is such that it will occur at the same time that Fidelity is increasing the number of
employees at the Westlake facility. To alleviate what staff, TxDOT, the contractor, and Fidelity
feel will be a traffic congestion issue; Fidelity has requested permission to utilize their
emergency access easement that is located on Dove Road (see attached map). Staff has verified
that the temporary use as identified in Fidelity’s request does not compromise public health or
safety, or violate any Town of Westlake Ordinances or Zoning (site plan restrictions). Town
staff has made it very clear to Fidelity that the use will be utilized during the duration of the Bull
Way entrance for temporary ingress/egress for employee passenger vehicle traffic only and that
all delivery or service equipment would not be allowed. Additionally, Fidelity is aware that they
will be financially responsible for providing off-duty Keller Police at the Dove & FM 1938
intersection to minimize the impact of their employee traffic.
Town staff will continue to meet with Fidelity, TxDOT, the contractor, and Keller PD to address
any traffic concerns related to this temporary access.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
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RECOMMENDATION / ACTION REQUESTED/ OPTIONS
No action required
ATTACHMENTS
Fidelity access request
Fidelity Temporary Access map
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DISCUSSION ITEMS
a. Quarterly Financial Dashboard and Analysis for the Quarter ended December 31,
2011. (15 min)
b. Discussion regarding contracting with Denton and/or Tarrant counties for the
2012 general election. (15 min)
Town of Westlake
Item # 5 –
Discussion Items
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TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: January 23, 2012
Staff Contact: Debbie Piper Discussion
Finance Director
Subject: Quarterly Financial Dashboard and Analysis for the Quarter ended December 31,
2011
EXECUTIVE SUMMARY
The 1st quarter “Dashboard” reports and “Analysis” for the FY 2011-12 are attached. Our goal is
to have a concise and easy to understand document regarding the financials of our three (3)
major funds; General Fund, Visitors Association Fund and the Utility Fund. The remaining
funds: Debt Service, Capital Projects, and 4B Economic Development are a function of transfers
in, sales tax revenues (which are discussed in the GF analysis), related expenditures and transfers
out; therefore, we have not prepared quarterly reports for these funds.
Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”,
beside several revenue line items. The “A” indicates that specific “YTD Actual” line-items are
based on the accrual method. This means that revenue received after 12/31/11 but related to that
specific quarter, i.e. sales, tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD
Actual” for comparison to the budget. The “YTD Budget” is based on 3 months out of the 12
month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual
receipts.
In addition to accruing the water revenue receipts for the “YTD Actual”, the “YTD Budget” The
calculation has been changed from 3 months of the 12 month period to a much better
representation of that fund’s revenue. Because the majority of the water revenue is received in
the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based
on the percentage of revenues received for the first three months of the prior year.
In review, these quarterly reports contain a “dashboard” display complete with major revenue
and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals”
at 12/31/11 has been presented. The color green obviously means that we are good in those
specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between
these two areas show up as yellow (cautionary) or red (critical).
A summary is presented at the bottom of each fund page indicating the net revenues over (under)
expenditures along with the projected ending fund balances for the Adopted Budget, YTD
Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance
have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that
we will strive to maintain 90 days of operation.
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Please note the “Analysis” is color coded and corresponds to the specific line-item on the
“Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the
variances. I have explained several of the line-items that were greater (green) in revenue than
we anticipated informing you as to what specifically happened with that revenue line-item. I
have done the same regarding any expenditure that is under budget so you may see why these
funds have not been expended. Beside each major category or department on the explanation
page, you will find a number that reflects the exact variance in that department/line-item.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
No action required
ATTACHMENTS
Capital Improvements Update
Quarterly Financial Dashboard and Analysis for the Quarter Ended 12/31/11 for the following
Funds:
• General Fund
• Visitors Association Fund
• Utility Fund
TOWN OF WESTLAKE
General Fund
Quarterly Financial Dashboard
Quarter Ended 12/31/2011
Prior Year DASHBOARD
1st Quarter Annual 1st Qtr 1st Qtr Actual vs
Actual Budget Budget Actual Adopted
A General Sales Tax 394,273 2,062,500 339,041 366,149 108.00%
A Property Tax 403,475 1,156,842 291,588 453,832 155.64%
A Franchise Fees 4,375 582,550 146,835 26,105 17.78%
Permits and Fees 142,298 472,090 118,993 108,595 91.26%
Fines & Forfeitures 132,690 536,611 135,255 112,331 83.05%
Contributions - 302,900 76,347 76,347 100.00%
Misc Income 29,057 95,485 24,068 21,322 88.59%
Total Revenues 1,106,168 5,208,978 1,132,126 1,164,681 102.88%
Other Sources - Transfers In 215,867 545,383 137,466 128,342 93.36%
1,322,035$ 5,754,361$ 1,269,592$ 1,293,022$ 101.85%
A Based on accrual method
Prior Year DASHBOARD
1st Quarter Annual 1st Qtr 1st Qtr Actual vs
Actual Budget Budget Actual Adopted
Payroll and Related 541,495 2,627,042 662,159 656,131 99.09%
Operations & Maintenance 403,258 2,182,621 550,140 433,644 78.82%
Total Expenditures 944,753 4,809,663 1,212,299 1,089,775 89.89%
Other Uses - Transfers Out *2,121,417 1,166,936 294,132 415,517 141.27%
3,066,170$ 5,976,599$ 1,506,431$ 1,505,292$ 99.92%
*Majority represents transfer to Capital Projects in prior year
**
Prior Year
1st Quarter Annual 1st Qtr 1st Qtr
Actual Budget Budget Actual
1,322,035 5,754,361 1,269,592 1,293,022
3,066,170 5,976,599 1,506,431 1,505,292
(1,744,136)$ (222,238)$ (236,838)$ (212,270)$
3,731,332 3,486,856 3,486,856 3,486,856
Ending Fund Balance 1,987,196$ 3,264,617$ 3,250,018$ 3,274,586$
222,045 255,079 255,079 230,384
Unrestricted Fund Balance 1,765,151$ 3,009,538 2,994,939 3,044,202$
# of Operating Days 151 223 226
Daily Operating Cost 11,689$ 13,491$ **13,491$
**Includes debt service payments because we moved "Property Tax Reduction" sales tax to General Fund in FY 11/12
ADOPTED BUDGET
REVENUES AND OTHER SOURCES
SUMMARY
**
Total Expenditures and Other Uses
ADOPTED BUDGET
ADOPTED BUDGET
EXPENDITURES AND OTHER USES
Total Revenues and Other Sources
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Beginning Fund Balance (Unaudited)
Restricted Funds
Total Revenues and Other Sources
Total Expenditures and Other Uses
Positive >90%
Cautious 70% - 90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 100% - 110%
Negative >110%
Expenditure Legend
Town Officials, both Elected
and Appointed, exhibit
Respect, Stewardship, Vision,
and Transparency
Exemplary
Governance
Service
Excellence
Public Service that is
Responsive and Professional,
while balancing Efficiency,
Effectiveness and Financial
Stewardship
1
Town of Westlake
Dashboard Analysis for Quarter Ended 12-31-2011
GENERAL FUND
REVENUES AND OTHER SOURCES
PROPERTY TAX INCOME - +$162,244
o At 156% of budget
o YTD Adopted Budget is $291,588
o YTD Actual is $453,832
Income will not be distributed evenly over the fiscal year
Majority will be received between Nov 2011 and Feb 2012
FRANCHISE FEE INCOME - ($120,729)
o At 18% of budget
o YTD Adopted Budgeted $146,835
o YTD Actual $26,105
o 1st quarter payments have not been received yet
AT&T - (Received $49,694 1st qtr. PY)
Verizon (Received $3,698 1st qtr. PY)
Atmos - (Annual payment received in February)
Tri-County - (Received $69,546 1st qtr. PY)
FINES & FORFEITURES INCOME - ($22,924)
o At 83% of budget
o YTD Adopted Budgeted $135,255
o YTD Actual $112,331
The citation revenue targeted projections are directly affected by the
number of citations issued by the police department. Due to
personnel shortages (medical leave), the citations are down by 26% in
the first quarter. The corresponding revenue is down by 13% and will
remain lower until the issuance level is increased.
MISC INCOME - ($3,477)
o At 86% of budget
o YTD Adopted Budgeted $24,068
o YTD Actual $20,590
1st quarter beverage tax payment has not been received yet –
(Received $4,078 1st qtr. PY)
2
Town of Westlake
Dashboard Analysis for Quarter Ended 12-31-2011
GENERAL FUND
E XPENDITURES AND OTHER USES
OPERATIONS AND MAINTENANCE - ($116,955)
• Capital Outlay ($47,890)
o At 0% of budget
o YTD Adopted Budget is $47,890
o YTD Actual is $0
Fire Truck has not been purchased ($170,000)
Firefighter equipment has not been purchased ($20,000)
• Service Expenditures ($46,219)
o At 87% of budget
o YTD Adopted Budget is $365,849
o YTD Actual is $319,630
All service maintenance is performed on as needed basis
Expenditures will increase as we enter the spring and summer months.
• Rent & Utilities Expenditures ($18,972)
o At 70% of budget
o YTD Adopted Budget is $63,482
o YTD Actual is $44,509
Rent expenditure is on track
Utilities expenditure will increase during hotter summer months
OTHER USES - TRANSFERS OUT - $121,385
• Transfers Out to General Maintenance Fund - (-$133,589)
o At 0% of budget
o YTD Adopted Budget is $133,589
o YTD Actual is $0
Transfer will be processed at year-end (September 2012)
3
Town of Westlake
Dashboard Analysis for Quarter Ended 12-31-2011
GENERAL FUND
• Transfers Out to Debt Service Fund - $263,987
o At 274% of budget
o YTD Adopted Budget is $151,529
o Represents transfer of debt payment from “Property Tax Reduction” sales
tax (included in General Fund)
o YTD Actual is $415,516
Total Debt Service expenditure is $601,178
Payments are made twice a year
First payment $415,516 processed November 2011
Remaining payment $185,661 will be processed May 2012
4
TOWN OF WESTLAKE
Quarterly Financial Dashboard
Quarter Ended 12/31/2011
Prior Year DASHBOARD
1st Quarter Annual 1st Qtr 1st Qtr Actual vs
Actual Budget Budget Actual Adopted
A Hotel Occupancy Tax 114,383 535,000 134,849 120,984 90%
Interest/Misc Income 5,380 22,175 5,589 2,145 38%
Total Revenues 119,764 557,175 140,439 123,128 88%
Other Sources - Transfes In - - - - 0%
119,764$ 557,175$ 140,439$ 123,128$ 88%
A Based on accrual method
Prior Year DASHBOARD
1st Quarter Annual 1st Qtr 1st Qtr Actual vs
Actual Budget Budget Actual Adopted
Operations & Maintenance 41,578 221,102 55,730 25,188 45%
Other Uses - Transfers Out 81,215 445,434 112,274 97,788 87%
122,793$ 666,536$ 168,004$ 122,976$ 73%
Prior Year
1st Quarter Annual 1st Qtr 1st Qtr
Actual Budget Budget Actual
119,764 557,175 140,439 123,128
122,793 666,536 168,004 122,976
(3,029)$ (109,361)$ (27,565)$ 152$
1,100,941 1,148,281 1,148,281 1,148,281
Ending Fund Balance 1,097,912$ 1,038,920$ 1,120,716$ 1,148,433$
- - - -
Unrestricted Fund Balance 1,097,912$ 1,038,920$ 1,120,716$ 1,148,433$
# of Operating Days 801 569 629
Daily Operating Costs 1,371$ 1,826$ 1,826$
Beginning Fund Balance (Unaudited)
Restricted Funds
Visitors Association Fund
Total Revenues and Other Sources
Total Expenditures and Other Uses
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Total Expenditures and Other Uses
Total Revenues and Other Sources
EXPENDITURES AND OTHER USES
REVENUES AND OTHER SOURCES
ADOPTED BUDGET
ADOPTED BUDGET
SUMMARY
ADOPTED BUDGET
Positive >90%
Cautious 70% - 90%
Negative <70%
Color Legend
Positive <100%
Cautious 100% -110%
Negative >110%
Color Legend
Exemplary
Governance
Town Officials, Both Elected
and Appointed, Exhibit
Respect, Stewardship, Vision,
and Transparency
Service
Excellence
Public Service that is
Responsive and
Professional, while
balancing Efficiency,
Effectiveness and Financial
Stewardship
5
Town of Westlake
Dashboard Analysis for Quarter Ended 12-31-2011
VISITORS ASSOCIATION FUND
REVENUES AND OTHER SOURCES
HOTEL OCCUPANCY TAX INCOME ($13,866)
o At 90% of budget
o YTD Adopted Budget is $134,849
o YTD Actual is $120,984
MISCELLANEOUS INCOME ($3,445)
• Arbor Day Income ($2,143)
o At 0% of budget
o YTD Adopted Budget is $2,143
o YTD Actual is $0
Revenues to be received later in the fiscal year (Arbor Day – April 7th)
• Historical Board Income ($894)
o At 63% of budget
o YTD Adopted Budget is $2,395
o YTD Actual is $1,501
Revenues are received throughout the year
EXPENDITURES AND OTHER USES
OPERATIONS AND MAINTENANCE ($30,542)
• Marriot Marketing and Transportation ($22,685)
o At 0% of budget
o YTD Adopted Budget is $22,685
o YTD Actual is $0
Based on agreement – no invoices received to date for processing
• Arbor Day Expenditure ($4,635)
o At 1% of budget
o YTD Adopted Budget is $4,663
o YTD Actual is $27
Fund raising expenditures to be paid later in the fiscal year (Arbor Day
– April 7th)
6
Town of Westlake
Dashboard Analysis for Quarter Ended 12-31-2011
VISITORS ASSOCIATION FUND
• Historical Board Expenditures ($2,521)
o At 0% of budget
o YTD Adopted Budget is $2,521
o YTD Actual is $0
Expenditures are not distributed evenly throughout the year;
additional expenditures will be made in subsequent months; i.e.
Decoration Day
OTHER USES - TRANSFERS OUT ($14,486)
• Payroll Transfers out to the General Fund ($12,346)
o At 81% of budget
o YTD Adopted Budget is $64,190
o YTD Actual is $51,844
Actual is less due to year-end accruals (payment in current year but
earned and booked in prior year)
• Transfers Out to Debt Service Fund ($2,291)
o At 95% of budget
o YTD Adopted Budget is $45,979
o YTD Actual is $43,688
Remaining payment will be made on May 1st, 2012
7
Prior Year DASHBOARD
1st Quarter Annual 1st Qtr 1st Qtr Actual vs
Actual Budget Budget Actual Adopted
A%Water Revenues 258,970 2,059,000 223,470 351,946 157%
A%Sewer/Waste Revenues 68,398 536,766 66,380 103,603 156%
Tap/Impact Fee Revenues 135,571 44,000 11,090 34,353 310%
Misc Revenues 3,475 81,500 20,542 1,958 10%
Total Revenues 466,414 2,721,266 321,482 491,860 153%
Other Sources - Transfers in - - - - -
466,414$ 2,721,266$ 321,482$ 491,860$ 153%
A Based on accrual method 0 0 0
% Based on % of PY Actual at quarter-end
Prior Year DASHBOARD
1st Quarter Annual 1st Qtr 1st Qtr Actual vs
Actual Budget Budget Actual Adopted
Operations & Maintenance 184,842 2,069,362 521,593 264,916 51%
Capital Projects 67,145 603,603 152,141 16,646 11%
Total Expenses 251,987 2,672,965 673,734 281,561 42%
Other Uses - Transfers Out 180,115 331,694 83,605 74,372 89%
432,102$ 3,004,659$ 757,339$ 355,934$ 47%
Prior Year
1st Quarter Annual 1st Qtr 1st Qtr
Actual Budget Budget Actual
466,414 2,721,266 321,482 491,860
432,102 3,004,659 757,339 355,934
34,312$ (283,393)$ (435,857)$ 135,926$
2,009,366 2,537,926 2,537,926 2,537,926
Ending Fund Balance 2,043,678$ 2,254,533$ 2,102,069$ 2,673,852$
143,780 747,104 747,104 751,824
Unrestricted Fund Balance 1,899,898$ 1,507,430 1,354,965 1,922,028$
# of Operating Days 312 237 302
Daily Operating Cost 6,097$ 6,359$ 6,359$
TOWN OF WESTLAKE
Total Revenues and Other Sources
Utility Fund - 500
10.85%
12.37%
Quarterly Financial Dashboard
Quarter Ended 12/31/11
ADOPTED BUDGET
REVENUES AND OTHER SOURCES
ADOPTED BUDGET
ADOPTED BUDGET
EXPENSES AND OTHER USES
SUMMARY
Total Expenses and Other Uses
Total Expenditures and Other Uses
Excess Revenues/Sources Over (Under)
Expenditures/Uses
Beginning Fund Balance (Unaudited)
Restricted Funds
Total Revenues and Other Sources
Positive >90%
Cautious 70% - 90%
Negative <70%
Revenue Legend
Positive <100%
Cautious 101%- 110%
Negative >110%
Expense Legend
Exemplary
Governance
Town Officials, both Elected
and Appointed, exhibit
Respect, Stewardship, Vision,
and Transparency
Service
Excellence
Public Service that is
Responsive and Professional,
while balancing Efficiency,
Effectiveness and Financial
Stewardship
8
Town of Westlake
Dashboard Analysis for Quarter Ending 12-31-2011
UTILITY FUND
REVENUES AND OTHER SOURCES -
WATER REVENUES $128,476
o At 157% of budget
o YTD Adopted Budget is $223,470
o YTD Actual is $351,946
Water rate increase implemented on January 1, 2011.
Additional increase implemented on October 1, 2011 as a pass-through
increase from the City of Fort Worth
Continued drought increased volume of water sold.
SEWER/WASTE REVENUES $37,224
o At 156% of budget
o YTD Adopted Budget is $66,380
o YTD Actual is $103,603
Winter Quarter Averages calculated in March 2011 yielded higher
sewer charges.
Sewer rate increase implemented on January 1, 2011.
TAP/IMPACT FEE REVENUES $23,263
o At 310% of budget
o YTD Adopted Budget is $11,090
o YTD Actual is $34,353
Higher than expected number of new homes requesting meter
installations in addition to several applications for 2” meters.
MISC REVENUES ($19,000)
• Duct Bank Leases ($8,696)
o At 0% of budget
o YTD Adopted Budget is $8,696
o YTD Actual is $0
Revenue will be recognized in September 2012 (pertains to revenues
received in prior years and in “Deferred Revenue” until earned.
9
Town of Westlake
Dashboard Analysis for Quarter Ending 12-31-2011
UTILITY FUND
• TRA Wastewater Settle-Up ($7,902)
o At 0% of budget
o YTD Adopted Budget is $7,902
o YTD Actual is $0
Historically the Town has received this revenue in June of each year
EXPENDITURES AND OTHER USES
OPERATIONS AND MAINTENANCE ($250,484)
• Capital Outlay ($2,661)
o At 47% of budget
o YTD Adopted Budget is $5,041
o YTD Actual is $2,380
Based on new home construction and ordered on an as needed basis
• Debt Service ($38,814)
o At 30% of budget
o YTD Adopted Budget is $55,301
o YTD Actual is $16,487
Keller Overhead Storage Debt ($29,407) Full payment of $116,668 will
not be processed until March 2012
Hillwood Debt ($9,408) is a seasonal expense in direct correlation with
water revenues and will increase during hotter summer months.
• Repair & Maintenance ($24,418)
o At 32% of budget
o YTD Adopted Budget is $35,666
o YTD Actual is $11,428
All repair and maintenance is performed on as needed basis
• Rent & Utilities ($4,710)
o At 83% of budget
o YTD Adopted Budget is $28,052
o YTD Actual is $23,342
Rent expense is on track
Water & Electric Utilities Expense will increase during hotter summer
months
10
Town of Westlake
Dashboard Analysis for Quarter Ending 12-31-2011
UTILITY FUND
• Service Expense ($181,953)
o At 54% of budget
o YTD Adopted Budget is $394,300
o YTD Actual is $212,348
Water purchase expense will increase during hotter summer months
Peak Payment expense is the same base charge each month and settles
up at the end of the year.
• Supplies Expense ($1,263)
o At 28% of budget
o YTD Adopted Budget is $1,764
o YTD Actual is $502
Supplies ordered on as needed basis
CAPITAL PROJECTS ($135,195)
• Projects are budgeted throughout the fiscal year
Capital Project Budget Spent Percent Variance
N1 Sewer Line Transfer 28,845 0 0% (28,845)
N1 Sewer Line Xfr I&I Rep 28,321 7,988 28% (20,333)
Ground Storage Tank 19,641 0 0% (19,641)
SC Hills Waterline #2 75,334 8,658 11% (66,677)
Total 152,141 16,646 11% (135,495)
OTHER USES - TRANSFERS OUT ($8,703)
• Payroll Transfers out to the General Fund ($8,703)
o At 88% of budget
o YTD Adopted Budget is $63,441
o YTD Actual is $53,658
Actual is less due to year-end accruals (payment in current year but
earned and booked in prior year)
11
TOWN OF WESTLAKE
CAPITAL IMPROVEMENT SUMMARY TO-DATE
FM 1938 – The FM 1938 contractor continues pouring sections of pavement at the Solana and
Dove Road intersections. This work also includes portions of the enhanced pavement. Over the
last several weeks crews have been laying steel reinforcement bars at Dove Road and on the
section of FM 1938 south of Vaquero Club Drive in preparation of paving within a couple of
weeks. The contractor also continues to work on retaining walls and the pedestrian underpass.
We anticipate traffic being switched to the new pavement within the next two weeks. At that
time, the contractor will begin removing the old road and excavating excess soil.
Aspen Lane/Mahotea Boone Trail – Both projects were substantially completed in September
with clean-up and punch list issues addressed in October. The project costs were approximately
$13,000 under budget.
Street Survey – Staff reviewed Graham’s report and provided comments that need to be
addressed. We anticipate bringing this survey to Council at the March Council meeting.
Traffic Counts - We are currently collecting traffic counts at the Dove/Randol Mill intersection
to be utilized with a traffic design study for any future reconstruction or realignment.
SH 114/170 – This project lies within TxDOT’s Dallas District office. We are still waiting for
them to announce grant awards for their area. Staff will continue to monitor this grant
opportunity.
Roanoke Road (north of SH 170) – We have finished engineering design but need to meet with
the City of Roanoke regarding a small section of Roanoke Road that lies within their city limits.
We plan to bid the project at the end of January and recommend award at the February Council
meeting.
Stagecoach Hills Paving Improvements – Staff met with Stagecoach residents at their Runway
Association meeting to discuss the project, solicit input, and address construction scheduling.
We plan to bid the project at the end of January and recommend award at the February Council
meeting.
Stagecoach Hills Waterline Ph 2 – We are currently working with the affected property owners
along Roanoke Road to acquire waterline easements where necessary. We plan to bid the project
at the end of January and recommend award at the February Council meeting.
TRA N-1 Assumption – As you may recall, as part of TRA’s requirement to assume the N-1
sanitary sewer line, the Town had to conduct an engineering analysis of the N-1 line which
identified some significant integrity issues with sewer lines further in the Town collection
system. We conducted additional inspection and testing resulting in the identification of
approximately 70 sanitary sewer manholes and 40 private clean-outs. We anticipate bidding the
project at the end of January and recommend award at the February Council meeting.
Ground Storage Tank – No progress
12
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary’s Office Meeting Date: January 23, 2012
Staff Contact: Kelly Edwards Discussion
Town Secretary
Subject: Discussion regarding contracting with the Denton or Tarrant County for the 2012
general election.
EXECUTIVE SUMMARY
This item was discussed during the Council meeting on August 29, 2011, September 26, 2011,
and again on December 10, 2011. As previously mentioned, this bill negatively impacts
municipal elections. Due to the change in dates, there is a potential overlap between dates for
Primary runoff voting (May 22 in 2012) and May municipal elections (May 12 in 2012).
The Council to date has decided not to change the election date and/or term lengths.
The Council asked for additional information regarding polling locations for residents that live
within Carroll or Keller ISD during the meeting on December 12th. After speaking with Denton
County I was informed that they will not have Carroll or Keller ISD on their ballot.
Contracting with Denton County
- Would provide a polling location in Westlake during Early voting and on Election day
- Would require residents living in Carroll ISD or Keller ISD boundaries to vote at two
separate polling locations
ie. Tarrant County residents would vote at Town Hall for Town Council
candidates and vote at the Tarrant County polling location for their respective
School Board candidates
This scenario has the potential to create a bit of voter confusion and frustration.
Contracting with Denton and Tarrant Counties
- No Early voting polling location in Town
- Tarrant County residents would vote be able to vote at any Early voting location in
Tarrant County and at Town Hall on election day
- Denton County would charge a flat fee of approximately $450.00 for the small number of
residents in Denton county to vote
- Denton County residents would vote at a polling location in Roanoke
- Tarrant County would be the bulk of the cost but would be shared with the City of Keller,
Keller ISD and Carroll ISD if those entities have elections
- Tarrant County has confirmed that Westlake will have a polling location at Town Hall on
Election Day.
Page 2 of 2
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Alternatively, and perhaps the least disruptive, I would recommend we enter into a contract with
both Denton and Tarrant County and voters would be able to visit a single site to cast ballots in
both the Town and Carroll or Keller ISD elections. In this scenario, Tarrant Co. would process
the Tarrant Co. voters and Denton Co. would process Denton Co. voters. The number of Denton
County registered voters is five.
ATTACHMENTS
None
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item # 6
Council Recap /
Staff Direction
Town of Westlake
Item # 7 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
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 meeting held on December 12, 2011.
b. Consider amending the minutes from the meeting held on June 28, 2010.
c. Consider approval of Resolution 12-01, Amending the 2012 meeting calendar.
d. Consider approval of Ordinance 674, Calling the May 12, 2012, General Election.
(Considere aprobación de Ordenanza 674, Llamando el el 12 de mayo de 2012, la Elección general)
e. Consider approval of Resolution 12-02, Approving an Interlocal agreement and
License agreement with the City of Southlake for the installation and operation of TW
King 30” waterline within Town of Westlake right-of-way adjacent to FM 1938.
f. Consider approval of Resolution 12-03, Amending the travel policy and its inclusion
into the Town of Westlake Personnel Manual.
Town of Westlake
Item # 3 - Consent
Agenda Items
Town Council Minutes
12/12/11
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
December 12, 2011
PRESENT: Mayor Laura Wheat and Council Members, David Levitan, Clif Cox and Rick
Rennhack. Carol Langdon arrived at 5:45 p.m.
ABSENT: Council Member Brittan
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Director of
Communications & Community Affairs Ginger Awtry, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, Director of Public Works Jarrod Greenwood,
Fire Chief Richard Whitten, Human Resources and Administrative
Services Director Todd Wood and Management and Budget
Analyst Scott Dixon.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:14 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM DECEMBER 12,
2011, REGULAR MEETING.
No discussion.
Town Council Minutes
12/12/11
Page 2 of 6
4. EXECUTIVE SESSION
The Council convened into executive session at 5:16 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 –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 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: Eaton vs. Town of Westlake
c. 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
5. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 5:59 p.m.
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
7. DISCUSSION ITEMS
a. Discussion and presentation of the new Town website.
Human Resources and Administrative Services Director Wood provided a
presentation and overview of the new website.
Discussion ensued regarding the traffic/activity on our website and new features.
b. Discussion of Impact Fee Feasibility Study.
Town Manager Brymer provided an overview of the study.
Discussion ensued regarding the process should the Council elect to proceed with
the study, the cost of the study, and the pros and cons of implementing impact
fees.
Town Council Minutes
12/12/11
Page 3 of 6
c. Discussion regarding contracting with Denton or Tarrant county for the 2012
general election.
Town Secretary Edwards provided an overview of the various election options
and services provided by Denton or Tarrant County for the May 2012 election.
Discussion ensued regarding polling locations.
8. COUNCIL RECAP / STAFF DIRECTION
Council directed Staff to proceed with the Impact Feasibility Study.
9. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the workshop at
6:56 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:18 p.m. with Council Member Brittan
absent.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
No one addressed the Council.
3. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on November 14, 2011.
b. Consider approval of Resolution 11-35, Establishing the meeting dates and
procedures for 2012 calendar year.
c. Consider approval of Ordinance 673, Amending Chapter 2 - Administration
Article II, - Board of Aldermen, Division 2. – Procedures.
d. Consider approval of Resolution 11-36, Authorizing and Approving the Purchase
of an Ambulance and associated equipment.
e. Consider approval of Resolution 11-37, Appointing a member to the Westlake
Academy Foundation.
Town Council Minutes
12/12/11
Page 4 of 6
f. Consider approval of Resolution 11-38, Authorizing the Town Manager to enter
into a contract with Graham Associates for engineering services related to the
construction of Stagecoach hills waterline improvements.
g. Consider approval of Resolution 11-39, Authorizing the Town Manager to
execute a contract with Graham Associates for engineering design and contract
management services related to roadway reconstruction as adopted by Capital
Improvement Plan for projects on Roanoke Road and within Stagecoach Hills.
MOTION: Council Member Langdon made a motion to approve the consent
agenda. Council Member Levitan seconded the motion. The
motion carried by a vote of 4-0.
4. CONSIDERATION AND DISCUSSION OF RESOLUTION 11-40, ADOPTING THE
STRATEGIC PLAN.
MOTION: Council Member Rennhack made a motion to approve Resolution
11-40. Council Member Langdon seconded the motion. The
motion carried by a vote of 4-0.
5. EXECUTIVE SESSION
The Council convened into executive session at 7:22 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 –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 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: Eaton vs. Town of Westlake
c. 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
Mayor Wheat reconvened the meeting at 8:42 p.m.
Town Council Minutes
12/12/11
Page 5 of 6
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
8. FUTURE AGENDA ITEMS
- None
9. COUNCIL RECAP / STAFF DIRECTION
- None
10. COUNCIL CALENDAR
- Westlake Neighborhood Meeting for All Remaining Residents
December 13, 2011; 7:00 pm – 9:00 pm;
Home of Scott & Kelly Bradley
- Westlake Academy Winter Holiday
December 19, 2011 – January 2, 2012
- Town Offices Closed
December 23 & 27, 2011
- Town Offices Closed
January 2, 2012
- 2011 Graduates IB Diploma Presentation & College Reflections
January 6, 2012; 2:45 pm in WA Gym
- Board of Trustee Meeting
January 9, 2012
- Town Council Meeting
January 23, 2012
Town Council Minutes
12/12/11
Page 6 of 6
11. 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 4-0.
Mayor Wheat adjourned the meeting at 8:54 p.m.
APPROVED BY THE TOWN COUNCIL JANUARY 9, 2012.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
06/28/10
Page 1 of 7
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
June 28, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT: Larry Corson
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant to the Town Manager Ginger
Awtry, Fire Chief, Richard Whitten Public Works Director Jarrod
Greenwood, Finance Director Debbie Piper, and Planning and
Development Director Eddie Edwards.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 5:09 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JUNE 28, 2010,
COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat asked to discuss the minutes from the May 24th meeting retreat.
Revisions to the minutes were made as discussed.
Mayor Wheat also asked to discuss items h, i, and j of the consent agenda.
Discussion ensued regarding the number of parking spaces. Town Manager Brymer
stated another option would be using the Town’s reserve and establish a
reimbursement process to have the Academy reimburse the town.
Town Council Minutes
06/28/10
Page 2 of 7
3. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
4. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:37 p.m.
5. ADJOURNMENT
There being no further business, Mayor Wheat adjourned the workshop at 7:57 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:57 p.m. Council Member Corson
was absent.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS AND RECOGNITIONS:
Mayor Wheat presented Rebecca Rollins with a gift of recognition for her service
as a Council Member.
Allan Werst, 4035 Aspen Lane, provided an update regarding the Poppy Sales
and He thanked all of those who helped support the sales this year. He also
thanked the Council for volunteering their time and to taking the opportunity to
speak with residents regarding the implementation of taxes. He understands
this will be a difficult process and volunteering to assist in discussion. Mr. Werst
also would like to see the ability for residents to serve on the Board of Trustees
and Town Council independently.
Town Council Minutes
06/28/10
Page 3 of 7
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on April 19, 2010.
b. Consider approval of the minutes from the meeting held on May 3, 2010.
c. Consider approval of the minutes from the meeting held on May 17, 2010.
d. Consider approval of the minutes from the meeting held on May 24, 2010
e. Consider approval of Ordinance 640, Amending Chapter 78, Article III, Town
Owned Cemeteries, Section 78-60, renaming the Westlake Cemetery to I.O.O.F
Westlake Cemetery.
f. Consider approval of Resolution 10-12, Authorizing the Town Manager to enter
into an agreement with Vaquero HOA for sanitary sewer services related to the
discharge of effluent from Vaquero Golf Club’s water treatment equipment.
g. Consider approval of Resolution 10-13, Authorizing an agreement with Millican
Well Service LLC to install a water well on the Westlake Civic Campus.
h. Consider approval of Resolution 10-14, Awarding a bid to Gilco Contracting,
Inc., for installing of the parking pavement and utilities for the parking lot
expansion of the Arts and Sciences center located on the Westlake Civic Campus.
i. Consider approval of Resolution 10-15, Awarding a bid to Hadden, for installing
of the irrigation system and landscaping for the parking lot expansion of the Arts
and Sciences center located on the Westlake Civic Campus.
j. Consider approval of Resolution 10-16, Awarding a Bid to Cable Electric, Inc.,
for installing of the lighting package for the parking lot expansion of the Arts and
Sciences center located on the Westlake Civic Campus.
k. Consider approval of Resolution 10-17, Authorizing the Town Manager to enter
into an Inter-local Agreement with Tarrant County for Dove Road pavement and
drainage ditch repairs.
l. Consideration and discussion Resolution 10-18, To enter into an agreement for
the installation of water line improvements in Stagecoach Hills with Rodgers
Construction Company and authorizing the Town Manager to execute the
agreement.
MOTION: Council Members Cox and Rennhack made a motion to remove
items h through j form the consent agenda. Motion carried 4-0.
MOTION: Council Member Brittan made a motion to approve items a through
f and items k & l of the consent agenda. Council Member Langdon
seconded the motion. The motion carried by a vote of 4-0.
Discussion ensued regarding the bid as advertised and not reducing the amount
of parking spaces at the Academy. Town Manager Brymer proposed establishing
parking user fees for the 2010-2011 year.
Staff will present a budget amendment in August showing the use of $73,000
from the Town’s General Fund to which the Academy will reimburse through
user fees.
Town Council Minutes
06/28/10
Page 4 of 7
MOTION: Council Member Langdon made a motion to approve item h, of the
consent agenda. Council Member Cox seconded the motion. The
motion carried by a vote of 4-0.
MOTION: Council Member Langdon made a motion to approve item i of the
consent agenda. Council Member Brittan seconded the motion.
The motion carried by a vote of 4-0.
MOTION: Council Member Brittan made a motion to approve item j of the
consent agenda. Council Member Langdon seconded the motion.
The motion carried by a vote of 4-0.
5. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-19, APPOINTING
AND REAPPOINTING MEMBERS TO THE HISTORICAL PRESERVATION
SOCIETY, PLANNING AND ZONING COMMISSION, PUBLIC ART SOCIETY,
TEXAS STUDENT HOUSING AUTHORITY AND ENTITIES, AND WESTLAKE
ACADEMY FOUNDATION.
MOTION: Council Member Langdon made a motion to approve Resolution
10-19. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 641, ADOPTING THE
OFFICIAL TOWN BOUNDARY MAP.
Planning and Development Director Edwards provided an overview of the uses and
reasons to update the Town boundary map.
MOTION: Council Member Langdon made a motion to approve Ordinance
641. Council Member Brittan seconded the motion. The motion
carried by a vote of 4-0.
7. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-20, RESOLUTION
STATING A NOTICE OF INTENT TO IMPLEMENT A PROPERTY TAX; AND
PROVIDING FOR EXEMPTIONS TO THE PROPERTY TAX; AND PROVIDING FOR
A LIMITATION ON TAXES FOR THE DISABLED AND ELDERLY; PROVIDING
FOR COLLECTION OF TAXES AND A COLLECTION FEE; PROVIDING FOR
NOTICE TO BE SENT TO THE TARRANT AND DENTON CENTRAL APPRAISAL
DISTRICTS.
Town Manager Brymer provided a presentation and overview of the resolution and
requirements to implement a property tax. Town Manager Brymer clarified that
adopting this resolution does not establish a property tax but it is necessary to proceed
with the implementation of a property tax for the 2011 year.
Town Council Minutes
06/28/10
Page 5 of 7
Attorney Cathy Cunningham provided Council information for the process of public
hearings and answered additional questions regarding requirements and exemptions.
Town Attorney Lowry explained in further detail the process and requirements to
implement a tax rate, the allowable exemptions and optional tax freeze for over 65 and
disabled. The attorneys are still reviewing how the exemptions established in 2003 with
TAD, DCAD after the council takes action to clarify the direction on freeze.
The Town Council established the maximum allowable.
Town Manager Brymer provided further clarification of how adopting the highest
exemption could implement the revenue and how it could determine the rate that would
need to be established.
MOTION: Council Member Cox made a motion to approve a 20% exemption
which is the maximum allowed. Council Member Brittan
seconded the motion. The motion carried by a vote at 4-0.
MOTION: Council Member Cox made a motion to approve Resolution 10-
20 with the maximum of 20% exemption. Council Member
Brittan seconded the motion. The motion carried by a vote
of 4-0.
8. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
9. RECONVENE MEETING
Council did not convene into executive session.
10. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
MOTION: Council Member Cox made a motion to approve Resolution 10-
20 with changes as discussed. Council Member Brittan seconded
the motion. The motion carried by a vote of 4-0.
MOTION: Council Member Cox made a motion to increase the Town’s
contribution of the deferred comp plan to $20,000; to amend the
portion of the current employment agreement that relates to
vacation and sick leave to provide for 3 weeks of sick leave and 3
Town Council Minutes
06/28/10
Page 6 of 7
weeks of vacation per year to further provide that vacation can
accrue and any unused vacation can be carried forward an in the
event of your termination either voluntary or otherwise any
unused accrued vacation will be due and payable upon your
termination. Council Member Rennhack seconded the motion.
The motion carried 4-0.
11. FUTURE AGENDA ITEMS
- None
12. COUNCIL CALENDAR
- Newly Elected Official Training (TML – Irving)
July 23-24, 2010
- Council Budget Retreat
August 13, 2010 (Friday 9:00 – 1:00)
- Council Meeting
August 30, 2010
- Arbor Day
September 25, 2010
- Council Meeting (adoption of budget)
Sept. 27, 2010
Action Items:
Present a proposal for parking user fees at the August Board of Trustees meeting.
Create a webpage to be used for tax implementation documents
Schedule workshop/meeting with residents interested in participating with the
possible implementation of an Ad Valorem - property tax. Council will submit a list
of residents names to the Town Manager.
13. 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 Cox seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:57 p.m.
APPROVED BY THE TOWN COUNCIL AUGUST 30, 2010.
Town Council Minutes
06/28/10
Page 7 of 7
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary Meeting Date: January 23, 2012
Staff Contact: Kelly Edwards Consent
Town Secretary
Subject: Consider approval of a resolution amending the 2012 meeting calendar.
EXECUTIVE SUMMARY
This item was discussed and adopted during the December 12, 2011, meeting. However, the
Council discussed combining and revising workshops and meeting retreats. These revisions
reflect the Council’s concern of consecutive meeting days, all day retreats, to better
accommodate patient schedules and surgeries, and provide for a longer summer break. Below is
a list of changes.
- 5/25 BOT Planning retreat removed
- Friday, 6/1 TC Planning retreat time changed to 12-4 pm
- Thursday, 6/7 BOT Planning ½ day and Budget ½ day retreat 9-4 pm
- 8/6 TC Budget workshop moved
- Friday, 8/10 TC Budget workshop 4-8 pm
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Approved the resolution adopting the amended 2012 meeting calendar.
ATTACHMENTS
Resolution
2012 meeting calendar
Resolution 12-01
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 12-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AMENDING REGULAR MEETING DATES AND PROCEDURES; SETTING
THE 2012 MEETING DATES OF THE TOWN COUNCIL; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, The Town Council adopted meeting dates and procedure by Resolution
11-35 on December 12, 2011; and
WHEREAS, The Town Council finds that it is in the best interest of the Council and
the Town’s residents that the Council shall establish regular meetings at a convenient date, time,
and place;
WHEREAS, The 2012 available regular meeting dates are hereby established in
accordance with attached Exhibit “A”.
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: The Town Council of the Town of Westlake, Texas, shall conduct
regularly scheduled meetings on dates and times as established by the Town Council. All
Mondays shall be established as a day available for regular meetings as needed. Special
meetings shall be called in accordance with Section 22.038(b) of the Texas Local Government
Code. The regular meetings shall convene not earlier than 6:30 p.m., and shall be held at the
Town Hall offices located at 3 Village Circle, Westlake, Texas 76262, or a meeting room close
by, or another location designated by the Town in the meeting notice. Work sessions or planning
meetings of the Town Council may begin earlier than the regular meeting time.
SECTION 3: The Town Council hereby sets the 2012 regular meeting schedules as
shown in the attached Exhibit “A”.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Council hereby determines that it would have adopted this Resolution
without the invalid provision.
Resolution 12-01
Page 2 of 3
SECTION 5: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 23rd DAY OF JANUARY 2012.
___________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________ ___________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
Resolution 12-01
Page 3 of 3
Exhibit A
Rev. 1/05/2012
January 2012 1 February 2012 2 March 2012 3
SMTW Th F Sa SMTW Th F Sa SMTW Th F Sa
1234567 1234 123
8 9 1011121314 5 6 789 1011 4 5 6789 10
151617181920211213141516171811121314151617
22 23 24252627281920212223242518192021222324
293031 26 27 2829 25 26 2728293031
April 2012 4 May 2012 5 June 2012 6
SMTW Th F Sa SMTW Th F Sa SMTW Th F Sa
1 2 34567 12345 1 2 5/17 Election Canvass 6:00 pm
89 1011121314 6 7 89 101112 3 4 56 7 89 5/18 New Council Orientation 9-5 pm
151617181920211314151617181910111213141516
22 23 24252627282021222324252617 18 1920212223 6/1 TC Planning Retreat 12-4 pm
2930 2728293031 24252627282930 6/7 BOT Budget/Planning Wkshp 9-4 pm
July 2012 7 August 2012 8 September 2012 9
SMTW Th F Sa SMTW Th F Sa SMTW Th F Sa
123 4 567 1234 1
89 1011121314 56789 10 11 2345678 8/10 TC Budget Wkshp 4-8 pm
1516171819202112 13 1415161718 9 10 1112131415 9/5; 9/12 9/19 6:30 pm if necessary
222324252627281920212223242516171819202122 Special Tax
293031 26 27 2829303123 24 2526272829 9/24 Regular meeting
30
October 2012 10 November 2012 11 December 2012 12
SMTW Th F Sa SMTW Th F Sa SMTW Th F Sa
1 23456 123 1
789 10111213 4 5 6789 10 2 3 45678 10/7-10/10 ICMA
1415161718192011 12 1314151617 9 10 1112131415 11/13-11/16 TML
21 22 23242526271819202122232416171819202122
28293031 25262728293023242526272829
3031
School Board School & Town HolidayBudget / Meeting Retreats
Town Council School Holiday Town Holiday
New Council/BOT Election Day /First/Last Day
Orientation Special Meeting to of School
Planning & Zoning Canvass Returns
Meetings
Meeting Schedule
Town of Westlake
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary’s Office Meeting Date: January 23, 2012
Staff Contact: Kelly Edwards Consent
Town Secretary
Subject: Consider approval of an Ordinance Calling and Order the May 12, 2012, General
Election.
EXECUTIVE SUMMARY
The Texas Election Code §3.004, requires the governing body of a political subdivision to order
a general election for the purpose of electing a Mayor and Council Members. As outlined in the
order, the term of office for the elected officials is two (2) years. (expiring May 2014.)
The seat for the Mayor and two (2) Council seats that expire May 2012. Those are Mayor Wheat
Council Members Brittan and Cox.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Staff recommends we enter into a contract with both Denton and Tarrant County and voters
would be able to visit a single site to cast ballots in both the Town and Carroll or Keller ISD
elections. In this scenario, Tarrant Co. would process the Tarrant Co. voters and Denton Co.
would process Denton Co. voters. The number of Denton County registered voters is five.
ATTACHMENTS
Ordinance
Ordinance 674
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. 674
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF
ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO BE HELD ON MAY
12, 2012, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS
LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general election for the Town of Westlake as set forth by the Texas
Election Code, is required to be held on May 12, 2012, for the purpose of election a Mayor and
two (2) Council Members for two (2) year terms; and
WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town
of Westlake election will be conducted jointly with other political subdivisions in Tarrant and
Denton counties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS, THAT:
SECTION 1: Election Order for General Election. That an election is hereby ordered
to be held on the 12th day of May 2012, the second Saturday of that month, for the purpose of
electing a Mayor and two (2) Council Members for two (2) year terms, in accordance with
Section 23.023 of the Texas Local Government Code.
SECTION 2: Polling Place. The polling places and the county elections precincts whose
qualified voters shall cast ballots at such location as determined per the Joint Election Agreement
and Contract for Elections Services with the Tarrant and Denton County Election
Administrators.:
The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 12, 2012, in accordance with and
pursuant to the requirements of the Texas Election Code (the “Code”).
SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible
persons wishing to become candidates must file an application with the Town Secretary of the
Town of Westlake, Texas, beginning on February 4th through the 5th day of March 2012 until
5:00 o'clock p.m. Each application shall be on a form meeting the requirements of the Code.
SECTION 4: Combined Ballots. Combined ballots may be utilized containing all of
the offices and propositions to be voted on at each polling place, provided that no voter shall be
given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to
vote. The County’s voting equipment will be utilized for this election.
Ordinance 674
Page 2 of 4
SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at
the County’s Main Early Voting location;
Residents living in Tarrant County
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
Residents living in Denton County
Denton County Elections
Joseph A Carroll Building
401 W. Hickory
Denton, Texas 76201
and branch offices for early voting by personal appearance shall be established as outlined in the
Election Agreement and Contract for Election Services with Tarrant and Denton County. Steve
Raborn, Tarrant County Elections Administrator and Frank Phillips, Denton County Election
Administrator, are hereby appointed as the Early Voting Clerk and can appoint the necessary
deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas
Election Code, early voting by personal appearance shall be as set forth below:
Tarrant County Early Voting
April 30 (Monday) 8:00 a.m. - 5:00 p.m.
May 1-4 (Tuesday – Friday) 8:00 a.m. – 5:00 p.m.
May 5 (Saturday) 7:00 a.m. – 7:00 p.m.
May 6 (Sunday) 11:00 a.m. – 4:00 p.m.
May 7-8 (Monday – Tuesday) 7:00 a.m. – 7:00 p.m.
Denton County Early Voting
April 30 – May 4 (Monday – Friday) 8:00 a.m. - 5:00 p.m.
May 5 (Saturday) 8:00 a.m. – 5:00 p.m.
May 7 – May 8 (Monday – Tuesday) 7:00 am. - 7:00 p.m.
Applications for ballots by mail must be received no later than the close of business on Friday,
April 27, 2012.
SECTION 6: Notice. Notice of said elections shall be given as required by the Texas
Election Code.
Ordinance 674
Page 3 of 4
SECTION 7: Election Officials. The election judge, alternate election judge, and ballot
board will be appointed by the Tarrant and Denton County Elections Administrator, as permitted
by law. The presiding judge shall appoint elections clerks as may be necessary for the proper
conduct of the election. The election judge, or the alternate election judge in the absence of the
election judge, and the election clerks shall constitute the early voting ballot board. The election
judge, and alternate election judge, and election clerks shall be qualified voters of the Town.
SECTION 8: Election Results. That the candidate for Mayor and two (2) candidates for
Council who receive the highest number of votes shall be elected to two (2) year terms;
The Mayor shall deliver a certificate of election to the successful candidates. In the event
of a tie, the tied candidates shall cast lots to determine which one shall be declared elected; and
SECTION 9: Governing Law. The election shall be held in accordance with the
Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters
of the Town shall be eligible to vote at the election.
SECTION 10: Submission to the United States Justice Department. The Town
Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such
submissions as are necessary to the United States Justice Department to seek pre-clearance as
required by law.
SECTION 11: Necessary Actions. The Mayor and the Town Secretary, in consultation
with the Town Attorney, are authorized and directed to take all actions necessary to comply with
the provisions of the Texas Election Code, and the Town Code in carrying out and conducting
the election, whether or not expressly authorized by this Order.
SECTION 12: Severability Clause. It is hereby declared to be the intention of the
Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are
severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this order, since the same would have been enacted by the Town
Council without the incorporation in this order of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
Ordinance 674
Page 4 of 4
SECTION 13: Effective Date. This order shall be effective upon its adoption.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, ON THIS 23RD DAY OF JANUARY 2012.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Public Works Department Meeting Date: January 23, 2012
Staff Contact: Jarrod Greenwood Consent
Public Works Director
Subject: Consider approval of Resolution Approving and Interlocal agreement and License
agreement with the City of Southlake for the installation and operation of TW
King 30” waterline adjacent to FM 1938.
EXECUTIVE SUMMARY
The City of Southlake has requested to install a 30” waterline along the east side of FM 1938,
from Randol Mill Ave. to SH 114, within Town owned property. Over the last two years Town
staff has negotiated with the City of Southlake regarding the use of the Town’s right-of-way.
Some of the salient issues addressed:
• Westlake will retain full ownership, control, and use of the licensed right-of-way area.
• Westlake will be allowed to have a new metered connection and all rights and privileges
to the use of the waterline and an allocation of 2 MGD (million gallons per day).
• The Town of Westlake will not be financially responsible for any costs related to the
design, construction, or future maintenance of the waterline.
• Westlake will have final authority regarding waterline alignment and tree protection
/mitigation.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
Page 2 of 2
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Staff recommends approval.
ATTACHMENTS
Resolution
Interlocal Agreement
License Agreement
License Tract – To be provided at meeting
Construction Schedule
Construction Plans – Can be viewed at Town Offices
Resolution 12-02
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 12-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AN INTERLOCAL AGREEMENT AND LICENSE
AGREEMENT WITH THE CITY OF SOUTHLAKE FOR THE INSTALLATION AND
OPERATION OF TW KING 30” WATERLINE WITHIN TOWN OF WESTLAKE
RIGHT-OF-WAY ADJACENT TO FM 1938.
WHEREAS, the state requires water purveyors to provide a safe and adequate supply of
water to citizens and water customers within their geographic service area; and
WHEREAS, the provision of water service throughout the Town of Westlake is of vital
importance to the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to secure and maintain an adequate potable water source
for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, the Town Council find that the inter-local and license agreement with the
City of Southlake is sound infrastructure planning consistent with goals and objectives within the
adopted strategic plan; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
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 approves the
proposed Interlocal Agreement, attached as Exhibit “A”, and a License as further reflected in
Exhibit “B” to install and operating the TW King 30” Waterline within the Town of Westlake
Right-of-Way adjacent to FM 1938.
SECTION 2. That the Town of Westlake Town Council hereby authorizes the Town
Manager to sign exhibits “A” and “B” on behalf of the Town of Westlake.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 12-02
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23rd DAY OF JANUARY 2012.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
INTERLOCAL AGREEMENT FOR FUNDING, USE, CONSTRUCTION AND MAINTENANCE
OF
T.W. KING 30-INCH WATER TRANSMISSION LINE
IN THE TOWN OF WESTLAKE, TEXAS
BETWEEN
THE CITY OF SOUTHLAKE, TEXAS
AND
THE TOWN OF WESTLAKE, TEXAS
DATED AS OF __________________________, 2012
1
INTERLOCAL AGREEMENT FOR FUNDING, USE, CONSTRUCTION
AND MAINTENANCE OF T.W. KING 30-INCH WATER TRANSMISSION LINE
IN THE TOWN OF WESTL AKE, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Interlocal Agreement for the Funding, Use, Construction and Maintenance of T.W.
King 30-Inch Water Transmission Line (this “Agreement”) is entered into as of the ________
day of ____________, 2012, between the City of Southlake, Texas (“Southlake”) and the Town
of Westlake, Texas (“Westlake”).
PURPOSE:
The purpose of this Agreement is to provide terms for the following: (1) construction by
Southlake of the T.W. King Water Transmission Line, a proposed thirty inch (30”) water
transmission line to provide for the transmission of water from the intersection of Florence Road
and Pearson Lane in Southlake through portions of Westlake and Southlake to the Southlake T.
W. King Pump Station; (2) sole ownership of the T. W. King Water Transmission Line by
Southlake; (3) for the right of Westlake to use the T. W. King Transmission Line without cost to
purchase up to two million gallons per day (2 mgd) directly from the City of Fort Worth upon
execution of an interlocal agreement with the City of Fort Worth and construction of the
necessary access and metering facilities; (4) the granting to Southlake by Westlake of a license
agreement through right of way currently owned by Westlake; and (5) operation and
maintenance of the T. W. King Water Transmission Line and such water supply facilities and
metering stations by Southlake
RECITALS:
Whereas, Southlake and Westlake currently have contracts with the City of Fort Worth
(“Fort Worth”) to purchase wholesale treated water (the “Fort Worth Contract”); and
Whereas, prior to 2004, water purchased from Fort Worth by Southlake and Keller was
transmitted through a thirty inch (30”) water line from the Fort Worth Wholesale Milling Meter to
the Keller and Southlake Pearson Pump Stations; and
Whereas, on January 20, 2004, Southlake and Keller entered into a contract for the
financing, construction, and maintenance of a forty-two inch (42”) water transmission line from
the City of Fort Worth Caylor Pump Station to the Keller and Southlake Pearson Pump Stations
(the “Caylor Transmission Line”); and
Whereas, thereafter, Southlake and Keller constructed and are currently maintaining the
Caylor Transmission Line as described above; and
Whereas, Southlake intends to construct the T. W. King Water Transmission Line (the
“T. W. King Transmission Line”) in order to supply water from the Caylor Transmission Line
north from the intersection of Florence Road and Pearson Road through Westlake to the
Southlake T.W. King pump station north of SH 114; and
Page 2
Whereas, the construction of the T. W. King Transmission Line will require a wholesale
water meter located at a mutually agreeable location approved by the Fort Worth Water
Department and meeting Fort Worth standards; and
Whereas, Southlake shall not enter into any agreement concerning the ownership,
management or operation of the T. W. King Transmission Line which would alter the rights
granted to Westlake under the terms of this Agreement without the prior written consent of
Westlake; and
Whereas, the most desirable route for the T. W. King Transmission Line is in a separate
Utility Easement/Right-of Way owned by Westlake adjacent to the proposed alignment for
Randol Mill Avenue (FM 1938) through Westlake; and
Whereas, Westlake shall be entitled to access up to two million gallons per day (2 mgd)
from Fort Worth out of the capacity of the T. W. King Transmission Line; and
Whereas, Southlake agrees to grant Westlake up to two million gallons per day (2 mgd)
from Fort Worth out of the T. W. King Transmission Line in consideration for the use of
Westlake’s utility easements and rights-of-ways as shown in a License Agreement attached
hereto as Exhibit “A” (the “License Agreement”); and
Whereas, Southlake adopted a new contract with Fort Worth to provide for the
connection of the T. W. King Transmission Line to the Fort Worth water system, and
Whereas, Westlake adopted a new contract with Fort Worth W ater to purchase an
additional 2 MGD directly from Fort Worth and Westlake shall pay for their water usage directly
to Fort Worth to be delivered by and through the T. W. King Transmission Line; and
Whereas, Southlake and Westlake have negotiated separate contracts with Fort Worth
to pay for their water usage directly to Fort Worth; and
Whereas, Southlake and Westlake have determined it to be in the best interest of their
citizens for Southlake to fund, construct, operate and maintain the T. W. King Transmission Line
beginning from the intersection of Pearson and Florence Roads, then proceeding east on
Florence Road to Randol Mill Avenue, then north along Randol Mill Avenue (the proposed FM
1938 alignment) to Precinct Line Road and continuing north to SH 114, then east along SH 114
to T.W. King Road, then northeast to its point of terminus at the T.W. King Pump Station; and
Whereas, the route of the T. W. King Transmission Line permits both Southlake and
Westlake to access water from the T. W. King Transmission Line; and
Whereas, the T. W. King Transmission Line shall initially be used for the transmission of
water solely to Southlake, and, once Westlake chooses to begin to access a portion of the water
from the T. W. King Transmission Line, to both Westlake and Southlake; and
Whereas, Southlake and Westlake agree that the costs for the construction, operation
and maintenance of the T. W. King Transmission Line shall be funded solely by Southlake, and
that Westlake’s sole obligations shall be to provide the License Agreement to Southlake and to
pay directly all water charges assessed by Fort Worth for water purchased by Westlake
transported through from the T. W. King Transmission Line; and
Page 3
Whereas, Southlake will provide a “tee” at a location in Westlake on the T. W. King
Transmission Line yet to be determined and Westlake will construct a future metering station
meeting Fort Worth requirements; and
Whereas, Sections 402.001 and 402.075 of the Texas Local Government Code and
Chapter 791 of the Texas Government Code authorize Southlake and Westlake to enter into
this Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, Southlake and Westlake agree as follows:
ARTICLE I. INCORPORATION OR RECITALS
All provisions, statements, agreements, terms and conditions stated in the preamble
above are found to be true and correct and are incorporated into the Agreement in their entirety.
ARTICLE II. DEFINITIONS:
Construction Costs means all design, legal, consulting and engineering fees, the costs of
permitting, surveying, land and easement acquisition, and construction and inspection costs, for
the T. W. King Transmission Line, including any Capital Improvements or Facility Expansion of
such line, but excluding the costs of the water meter to be installed at the Westlake tee and any
other facilities necessary for Westlake to connect to such line.
Capital Costs means all costs and expenses, debt service, principal, interest and other
common debt service costs, including fees, closing costs, bond costs, legal expenses, and
lender or bank fees associated with construction financing of the T. W. King Transmission Line.
Caylor transmission line means a forty-two inch (42”)/thirty-inch (30”) water transmission
line from the City of Fort Worth Caylor Pump Station to the intersection of Pearson Lane and
Florence Lane, which line has a total gravity capacity of twenty-nine million gallons per day (29
mgd) and a future planned capacity of thirty-seven million gallons per day (37 mgd).
Force Majeure means acts of God, strikes, lockouts or other industrial disturbances, acts
of public enemy, orders of any kind of the government of the United States or the State of
Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning,
earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraints of government and
people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals,
partial or entire failure of water supply, and inability on the part of Southlake to deliver water
hereunder or Westlake to access water hereunder on account of any other cause not
reasonably in the control of the party claiming such inability.
mgd means million gallons per day.
Southlake System means the Southlake water utility system.
Southlake Manager means the City Manager of the City of Southlake, or his/her
designee.
System Water Losses means the loss of water between the Fort Worth water meters
(Caylor and Alta Vista (i.e., North Beach) and the total of the Keller, Southlake, and Westlake
Page 4
(when in service) water meters in place at any given point in time measuring water flow out of
the Caylor and T. W. King Transmission Lines.
T. W. King Transmission Line means a 30-inch water transmission line to be designed
with a gravity capacity of twelve million gallons per day (12 mgd) and a future planned capacity
of sixteen million gallons per day (16 mgd), and to be constructed by Southlake along a route
beginning from the intersection of Pearson and Florence Roads, then proceeding east on
Florence Road to Randol Mill Avenue, then north along Randol Mill Avenue (the proposed FM
1938 alignment) to Precinct Line Road and continuing north to the intersection of SH 114 and
Precinct Line Road (future FM 1938), then east along SH 114.
Westlake System means the Westlake water utility system.
Westlake Town Manager means the Town Manager of the Town of Westlake, or his/her
designee.
ARTICLE III. FACILITIES TO BE CONSTRUCTED
The facilities which are to be constructed pursuant to this Agreement are the T. W. King
Transmission Line, together with all associated surface improvements, except for the water
meter to be installed by Westlake at the location chosen by Westlake for its tee with the T. W.
King Transmission Line and the water meter to be installed by Southlake at the T. W. King
pump station as shown on the construction plans, and attached hereto as Exhibit “B”, or as may
be approved in writing by the Westlake Town Manager from time-to-time.
ARTICLE IV. ALLOCATION OF OWNERSHIP, CONTROL OF FACILITIES
Southlake shall have full ownership of, and the authority and obligation to control,
maintain and operate, the T. W. King Transmission Line. The parties agree to cooperate
regarding maintenance and operation of the T. W. King Transmission Line and Southlake may
request assistance from Westlake from time to time with regard to such responsibilities, and
Westlake will take reasonable efforts to cooperate regarding any such request for assistance.
All costs related to maintenance and operation of the T. W. King Transmission Line shall be
borne by Southlake.
ARTICLE V. ALLOCATION OF COSTS FOR FACILITIES
A. T.W. King Water Transmission Line
I. All costs for the T. W. King Transmission Line are to be paid solely by Southlake
and paid as follows unless otherwise defined in this Agreement or otherwise mutually agreed
upon in writing by both parties to this Agreement at a later date:
2. All design, engineering and construction plans for the T. W. King Transmission
Line have been approved by the parties as reflected in Exhibit “B” (the “Plans”) to the License
Agreement executed concurrently with this Agreement. The parties recognize that during the
construction phase of this project, change orders may be necessary to accommodate
unexpected or unanticipated engineering and construction issues. All design, engineering and
construction plans or drawings for a change order item must be approved in writing by the
Westlake T own Manager or his designee prior to any site work or construction taking place in
Westlake. Change order design, engineering and construction plans shall be reviewed and
Page 5
acted upon by Westlake within fourteen (14) days of submittal unless Westlake has provided
written objections or comments to any change orders.
B. Capital and Construction Costs for the T.W. King Transmission Line:
Southlake shall pay, or has already paid, for all Capital and Construction Costs related to
the construction of the T.W. King Transmission Line. By this Agreement and future purchase
agreements with and approval by Fort Worth, Westlake shall have full access, ownership, rights,
and privileges to 2 mgd of water from the T.W. King Transmission Line.
C. Operation, Maintenance and System Costs for the T.W. King Transmission Line:
Southlake shall pay for all Operation, Maintenance and System Costs for the T.W. King
Transmission Line.
D. System Water Loss Charges:
System water losses shall be calculated by Fort Worth based on the metered usage at
each of the delivery points established in the revised metering and billing contracts adopted
between all the cities participating in the use of the T. W. King Transmission Line system, and
billed by Fort Worth to Southlake and Westlake separately.
E. City of Fort Worth Water Impact Fees:
Westlake acknowledges that it is responsible and Southlake is not responsible for
charging and paying all Fort Worth Water Impact Fees taxed or attributable to water purchases
accessed by Westlake through the T. W. King Transmission Line
ARTICLE VI. EFFECTIVE DATE
The effective date of this Agreement is the date this Agreement has been finally
approved by the governing body of both Southlake and Westlake. Provided, however, that if
both parties have not received approval by the governing bodies by March 31, 2012, this
Agreement shall be null and void.
ARTICLE VII. METERING AND BILLING SERVICES
Westlake and Southlake shall each construct, at each respective city’s cost, meter
stations at their respective metering points that meet the operational specifications of Fort Worth
that will accomplish metering for wholesale water consumptions. These metering stations shall
be turned over to Fort Worth for operation. Fort Worth shall read the meters and submit a water
bill to Westlake and Southlake representing their respective water consumptions, and neither
city shall have any responsibility to the other for payment of the other city’s bill from Fort Worth.
ARTICLE VIII. RIGHTS-OF-WAY
A. Westlake shall grant to Southlake, without charge, a license agreement, in right-
of-way presently owned by Westlake as shown in attached Exhibit “C” within which to construct
the T. W. King Transmission Line along the route described herein. Westlake agrees to assist
Southlake in acquiring any additional easements or rights-of-way necessary for the construction
or maintenance of such line but such assistance shall exclude the requirement to expend funds
Page 6
of the Town of Westlake or to exercise Westlake’s power of eminent domain. Southlake shall
not attempt to obtain any easements, rights-of-way or property rights in Westlake unless it shall
first provide the Town of Westlake with sixty (60) days written notice of its intent to acquire such
interest. The notice shall identify the property to be acquired and the reason that the acquisition
is necessary. Westlake, at its sole election, may waive the sixty (60) day notice provision on a
case-by-case basis after reviewing any such request.
B. All work done by or on behalf of Southlake under this Section will be performed in
accordance with specifications equal to those applying to work of a similar nature performed
within Southlake subject to receiving advance written approval by Westlake. Restoration of
property within Westlake shall be performed to achieve a condition equal or greater than its
original condition and shall be completed expeditiously.
The Town of Westlake has full approval over the exact location of the T. W. King
Transmission Line within Westlake, as well as the ability to require boring to avoid tree loss. Any
trees lost as a result of the rights in this Agreement shall be promptly replaced by Southlake in
accordance with the then applicable tree mitigation and replacement ordinances of Westlake.
ARTICLE IX. TERMINATION
This Agreement may be terminated in whole or in part by the mutual consent of
Westlake and Southlake. Notwithstanding anything contained herein to the contrary, any
breach by either party hereto to perform any of the duties or the obligations assumed by such
party hereunder or to faithfully keep and perform any of the terms, conditions and provisions
hereof shall be cause for termination of this Agreement by either party in the manner set forth in
this Section. Either party desiring to terminate this Agreement shall deliver to the other party 90
days prior written notice of its intention to so terminate this Agreement. If such breach is not
timely cured the party desiring to terminate the Agreement shall have the right without any
further liability whatsoever to declare this Agreement terminated
ARTICLE X. RELEASE OF LIABILITY FOR DAMAGES
Contracts made and entered into by either Westlake or Southlake for the construction,
reconstruction or repair of any water utility facility related to the T. W. King Transmission Line
shall include the requirement that the independent contractor(s) must provide adequate
insurance protecting both Westlake and Southlake as co-insured’s. Such contract must also
provide that the independent contractor(s) agree to indemnify, hold harmless and defend both
Westlake and Southlake against any and all suits or claims for damages of any nature arising
out of the performance of such contract.
ARTICLE XI. FORCE MAJEURE
If by any reason of force majeure, either party hereto shall be rendered unable, wholly or
in party, to carry out its obligations under this Agreement, then if such parties shall give notice
and full particulars of such force majeure in writing to the other party within a reasonable time
after the occurrence of the event or cause relied on, the obligation of the party giving such
notice, so far as it is affected by such force majeure, shall be suspended during the continuance
of the inability then claimed, but for no longer period, and such party shall endeavor to remove
or overcome such inability with all reasonable dispatch.
Page 7
ARTICLE XII. NOTICE
All notices, requests and communications under this Agreement shall be given in writing,
addressed to Southlake or Westlake at their respective addresses set forth below and either (i)
hand delivered, (ii) sent by telecopy or a nationally recognized overnight courier service, or (iii)
mailed by registered or certified mail, return receipt requested, postage prepaid.
To Westlake: To Southlake:
Town of Westlake City of Southlake
3 Village Circle, Ste 202 1400 Main Street, Ste 320
Westlake, Texas 76262 Southlake, Texas 76092
Attn: Town Manager Attn: City Manager
With copies to (which
Shall not constitute notice):
L. Stanton Lowry
Boyle & Lowry, L.L.P.
4201 Wingren Dr., Suite 108
Irving, Texas 75062
Any notice under or pursuant to this Agreement and given in accordance with this
Section shall be deemed received upon the earlier of: (i) actual receipt, (ii) if mailed, three (3)
days after deposit in an official depository of the United States Postal Service, and (iii) if sent by
a nationally recognized overnight courier service, the day following the mailing. Any party may
change its address for notice purposes by sending the other party a notice of the new address.
ARTICLE XIII. MEDIATION
Whenever any disputed matter is specifically authorized by this Agreement to be
determined by the use of a mediator, the following procedure is to be followed. The party
requesting that the dispute be settled by mediation shall serve on the other party a request in
writing that such matter be submitted to mediation. Westlake Town Manager and Southlake
City Manager shall mutually agree in writing on the selection of any mediator. Such Agreement
shall be made within ten (10) days from the date that the request for mediation is received. If an
Agreement is not reached on the selection of the impartial mediator on or before the 10th day
after the date that notice is received, the Southlake City Manager shall immediately request a
list of seven (7) qualified neutral mediators from the Federal Mediation and Conciliation Service,
or either’s successor in function. Westlake Town Manager and the Southlake City Manager
may mutually agree on one of the seven (7) mediators on the list to mediate the dispute. If they
do not agree within five working days after the receipt of the list, the Westlake Town Manager
and the Southlake City Manager shall alternate striking a name from the list and the name
remaining shall be the mediator. Westlake Town Manager and the Southlake City Manager
shall mutually agree on a date for the mediation hearing. The decision of the mediator shall not
be final, but shall be a condition precedent to filing suit. All costs of mediation shall be
considered an Operation and Maintenance Cost. Mediation shall take place in Tarrant County,
Texas.
Page 8
ARTICLE XIV. INSPECTION AND AUDIT
Each party hereto shall keep complete records and accounts pertaining to this
Agreement in accordance with state law or for a minimum period of five years. Each party shall
at all times, upon notice, have the right at reasonable times to examine and inspect said records
and accounts during normal business hours; and further, if required by any law, rule or
regulation, make said records and accounts available to federal and/or state auditors.
ARTICLE XV. MISCELLANEOUS
This Agreement is subject to all applicable federal and state laws and any applicable
permits, amendments, orders, or regulations of any state or federal governmental authority
having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of
any right to question or contest any such law, order, rule or regulation in any forum having
jurisdiction.
Southlake and Westlake agree to abide by any changes in this Agreement made
necessary by any new, amended, or revised state or federal regulation.
ARTICLE XVI. ACCESS
Upon prior notice by either party, any authorized employee or representative of such
party bearing identification shall notify the other party of need for access to any premises
located within the other party’s service area or served by the other party as may be necessary
for the purpose of inspections and observation, measurements, sampling and testing and/or
auditing, in accordance with the provisions of this Agreement. The other party may elect to
accompany the requesting party’s representative. To the extent permitted by law, the
requesting party agrees to indemnify the other party for any damage or injury to person or
property caused by the negligence of such duly authorized employee while such employee is in
the course and scope of his employment.
ARTICLE XVII. SPECIFIC PERFORMANCE
This Agreement shall be specifically enforceable by the parties hereto.
ARTICLE XVIII. VENUE
This Agreement is performable primarily in Tarrant County, Texas, and venue for any
action shall be in Tarrant County, Texas.
ARTICLE XIX. SAVINGS AND SEVERABILITY
It is agreed that, in the event any term or provision herein contained is held to be invalid
by any court of competent jurisdiction, the invalidity of such term or provision shall in no way
affect any other term or provision contained herein; further, this Agreement shall then continue
as if such invalid term or provision had not been contained herein.
Page 9
ARTICLE XX. ASSIGNMENT
Westlake may not assign this Agreement without the prior written consent of Southlake.
Southlake may not assign this Agreement without the prior written consent of Westlake.
ARTICLE XXI. INDEMNIFICATION
To the extent permitted by law, Southlake agrees to indemnify and save and hold
Westlake harmless from all claims, liabilities, demands, attorneys’ fees and causes of
action asserted by any third party arising from any negligent act or omission of
Southlake. This covenant is not made for the benefit and shall not inure to the benefit of
any third party.
ARTICLE XXII. AMENDMENT
Any agreement hereafter made between Southlake and Westlake shall be ineffective to
modify, release, or otherwise affect this Agreement, in whole or in part, unless such agreement
is in writing and signed by both parties.
ARTICLE XXIII. WAIVER
The failure of either party to this Agreement to complain of any action, non-action, or
default of the other party shall not constitute a waiver of any of such party’s rights under this
Agreement.
Waiver by either party to this Agreement of any right for any default of the other party
shall not constitute a waiver of any right for either party for a prior or subsequent default of the
same obligation or for any prior or subsequent default of any other obligation.
No right or remedy of either party under this Agreement or covenant, duty, or obligation
of either party under this Agreement shall be deemed waived by the other party to this
Agreement unless such waiver is in writing and signed by the waiving party.
ARTICLE XXIV. PARTIES AND SUCCESSORS
Subject to the limitations and conditions set forth elsewhere herein, this Agreement shall
bind and inure to the benefit of the respective heirs, legal representative, successors, and
assigns of the parties hereto.
ARTICLE XXV. CAPTIONS
The captions in this Agreement are inserted only as a matter of convenience and for
reference and they in no way define, limit, or describe the scope of this Agreement or the intent
of any provision hereof.
ARTICLE XXVI. NUMBER AND GENDER
All genders used in this Agreement shall include the other genders, the singular shall
include the plural, and the plural shall include the singular, whenever and as often as may be
appropriate.
Page 10
ARTICLE XXVII. ENTIRE AGREEMENT
This Agreement, including all exhibits which may be attached hereto (which exhibits are
hereby incorporated herein and shall constitute a portion hereof) contains the entire agreement
between Westlake and Southlake with respect to the subject matter hereof. Further, the terms
and provisions of this Agreement shall not be construed against or in favor of a party hereto
merely because such party or its counsel is the drafter of this Agreement.
ARTICLE XXVIII. ATTORNEY’S FEES
In the event Southlake or Westlake defaults in the performance of any of the terms,
agreements or conditions contained in this Agreement and the enforcement of this Agreement,
or any part thereof, is placed in the hands of any attorney who files suit upon the same, the non-
prevailing party shall pay the reasonable attorneys’ fees, expenses and costs of the prevailing
party, as permitted by Texas Local Government Code Section 271.159.
ARTICLE XXIX. NO WAIVER OF GOVERNMENTAL IMMUNITY
Except to the extent expressly provided or necessarily implied otherwise herein, neither
party waives its governmental immunity from suit or liability.
ARTICLE XXX. NO THIRD PARTY BENEFICIARIES
There are no third-party beneficiaries to this Agreement.
EXECUTED as of the date hereinabove first set forth.
CITY OF SOUTHLAKE, TEXAS TOWN OF WESTLAKE, TEXAS
_____________________________ ______________________________
Shana Yelverton, City Manager Tom Brymer, Town Manager
ATTEST: ATTEST:
_____________________________ ______________________________
Alicia Richardson, City Secretary Kelly Edwards, Town Secretary
Approved as to Form Approved as to Form
_____________________________ ______________________________
Southlake City Attorney Town of Westlake Attorney
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1
UNDERGROUND WATER LINE LICENSE AGREEMENT
This Underground Water Line License Agreement (this “Agreement”) is entered into as
of __________ ____, 2012, between the TOWN OF WESTLAKE, TEXAS, a municipal
corporation of Tarrant and Denton Counties, Texas (“Westlake”) and the CITY OF
SOUTHLAKE, TEXAS, a municipal corporation of Tarrant County, Texas (“Southlake).
For and in consideration of $10.00 and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, and in consideration of the covenants
contained herein, Westlake and Southlake agree as follows:
1. Subject to the terms of this Agreement, Westlake hereby grants to Southlake a
license (the “License”) over, under and across the property described in attached Exhibit “A”
(the “License Tract”). This grant is made subject to all matters of record affecting the License
Tract.
2. The License shall only be used for the purpose of constructing, installing,
reconstructing, using, operating, maintaining and removing an underground water line known as
the 30 inch T. W. King Water Transmission Line (the “Line”), together with the right of ingress
and egress along and upon the License Tract. The Line must be constructed and installed
pursuant to the engineering and design plans as shown on attached Exhibit “B” (the “Plans”),
and in accordance with the terms and conditions of the Interlocal Agreement by and between
Westlake and Southlake dated __________, 2012, and attached hereto as Exhibit “C” (the
“ILA”). Further, this License shall automatically terminate should actual construction of the
Line not commence by May 31, 2012, as shown on attached Exhibit “D” (the
“Pipeline/Streetscape Schedule”).
3. The License, License Tract or Line is not assignable by Southlake without the
prior written consent of Westlake.
4. Westlake reserves and retains the paramount right to use the License Tract and
grant other rights and Licenses across, over or under the License Tract to such other persons as
Westlake deems proper, provided such other grants do not interfere with the use of the License
by Southlake for the purpose set forth herein. Westlake may grant such other Licenses, rights, or
uses within the License Tract in its sole discretion.
5. The rights granted to Southlake are subject and subordinate to the prior and
continuing right and obligation of Westlake to use the License Tract and surrounding property
without liability to Southlake or to any other party for compensation or damages.
6. Southlake’s rights are also subject to all outstanding superior rights (including
those in favor of licensees, lessees of said right-of-way, and others) and the right of Westlake to
renew and extend the same, and are granted without covenant of title or quiet enjoyment.
7. Westlake, at its expense, shall have the right to relocate the Line or any facilities
installed pursuant to this Agreement provided that (a) the level of service provided by the Line at
the new location will not be impaired or disrupted in any respect (as reasonably determined by
Southlake) either in the process of such relocation or after the completion thereof and (b)
2
Southlake will not be obligated to incur any expense for offsite work directly caused by such
proposed relocation for which Westlake is not willing to reimburse Southlake. Any relocation of
the Line and the License Tract described in the previous sentence shall be coordinated by, and
the work shall be performed by, Southlake or third party contractors experienced in installing
and relocating the type of improvements installed by Southlake in the License Tract. Both
Westlake and Southlake shall use all commercially reasonable efforts to work together to
effectuate any such requested relocation. All costs of such relocation shall be paid by Westlake.
8. Southlake shall repair any damage to improvements such as landscaping, paving,
curbs, retaining walls and signage on the License Tract or surrounding property and restore the
surface of the License Tract and surrounding property from damage resulting from Southlake’s
use of the License Tract.
9. Southlake shall not use the License Tract, operate the Line, or permit use of the
License Tract or Line by any other person, in a manner that violates applicable laws or
regulations or constitutes a hazard to the health, safety and/or welfare of the public. Except for
the normal use of fuels, lubricants, chemicals required to install the Line and their normal
byproducts of use, Southlake shall not, and shall not permit any of its employees, agents,
contractors, subcontractors, suppliers or invitees to generate, manufacture or dispose of on or
about the License Tract or surrounding property any hazardous substance. If Westlake in good
faith believes that a hazardous substance may have been generated, manufactured or disposed of
on or about the License Tract by Southlake or any of its employees, agents, contractors,
subcontractors, suppliers or invitees, Westlake may have environmental studies of the License
Tract or surrounding property conducted as it deems appropriate.
10. Except with regard to those arising from the gross negligence or willful act or
omission of Westlake, Westlake shall not be responsible for any claims, suits, losses, liability,
costs and expenses from any User’s use of the License Tract. A “User” is defined to include any
person, including Southlake, providing materials or service in connection with the design and
construction of the facilities.
11. All notices required or permitted hereby shall be in writing and become effective
after being deposited in the U.S. mail, certified or registered with appropriate postage prepaid or,
if delivered by some other manner, when actually received. Notices to the parties shall be
addressed as follows:
To Southlake: ___________________________
___________________________
___________________________
Attention: _________________
And a copy to: ___________________________
___________________________
___________________________
3
To Westlake: The Town of Westlake
3 Village Circle, Suite 202
Westlake, TX 76262
Attention: Town Manager
With a copy to: Boyle & Lowry, L.L.P.
(which shall not constitute notice) 4201 Wingren Drive, Suite 108
Irving, TX 75062
Attention: L. Stanton Lowry
From time to time a party may designate a new address for the purpose of receiving
notices hereunder by giving notice of its new address to the other party in the manner provided
above.
12. This grant of the License shall terminate and revert to Westlake or its successors
in interest upon the termination of the ILA, or upon abandonment by Southlake or when the
License Tract or the Line ceases to be used exclusively for the purposes permitted herein for a
continuous period of more than one (1) year, it being agreed that the construction and installation
of improvements shall constitute “use”; however, prior to the effectiveness of any such
reversion, Westlake shall provide written notice to Southlake of such impending reversion
(“Westlake’s Notice”). Provided that the ILA has not been terminated, the reversion clause in
this Section shall not be effective if Southlake (a) notifies Westlake in writing within thirty (30)
days following Westlake’s Notice that Southlake has not abandoned the License Tract and that
the License Tract has not ceased to be used exclusively for the purposes permitted herein for a
continuous period of more than one (1) year, (b) in each case provides to Westlake reasonable
documentation thereof, and (c) if Southlake has temporarily ceased its use of the License,
recommences the uninterrupted use thereof within 120 days following Westlake’s Notice. For
the purposes hereof, “abandonment” shall not include any temporary periods when service is
discontinued for regular maintenance purposes or during any relocation construction work
permitted under this License.
EXECUTED to be effective as of the date first written above.
TOWN OF WESTLAKE, TEXAS
By: ___________________________________
Name: Thomas E. Brymer
Title: Town Manager
4
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on ____________ ___, 2010, by
THOMAS E. BRYMER, Town Manager of the Town of Westlake, on behalf of the Town of
Westlake, Texas.
__________________________________________
Notary Public, State of Texas
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
THE CITY OF SOUTHLAKE
By: _________________________________
City Manager
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on __________ __, 2012, by __________
_______________, City Manager of the City of Southlake, Texas, a municipal corporation, on
behalf of the City of Southlake, Texas.
__________________________________________
Notary Public, State of Texas
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Human Resources Dept. Meeting Date: January 23, 2012
Staff Contact: Todd Wood Consent
Dir. of HR & Administrative Services
Subject: Consider approval of a Resolution amending travel policy and its inclusion into
the Town of Westlake Personnel Manual.
EXECUTIVE SUMMARY
The Town of Westlake’s personnel travel policy provides a framework for employees and
elected officials for official government travel. These policies ensure that travel expenditures are
in accordance with all pertinent laws and accounting regulations. The proposed amendment to
the travel policy would offer the option of a daily per diem in addition to the reimbursement and
travel advance options. Per Diem amounts would be calculated using GSA allowances based on
the date of travel to ensure proper oversight and accounting compliance.
Maximum amounts for reimbursed meals have been increased by $5.00 per meal. This reflects
the first increase since the original travel policy was adopted in 2004.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Staff recommends approval.
ATTACHMENTS
Resolution
Travel Policy (amendments in yellow)
Resolution 12-03
Page 1 of 7
TOWN OF WESTLAKE
RESOLUTION 12-03
A RESOLUTION OF THE WESTLAKE TOWN COUNCIL APPROVING
AMENDMENTS TO THE TOWN’S TRAVEL POLICY AND ITS INCLUSION INTO
THE TOWN OF WESTLAKE PERSONNEL MANUAL.
WHEREAS, the Town of Westlake realizes that updates and refinements to our
standardized personnel policies and procedures are an ongoing and necessary practice; and
WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are
competitive to surrounding cities; and
WHEREAS, the Town of Westlake desires is to provide employees with a personnel
manual that reflects the goals and vision of the Town’s leaders;
NOW, THEREFORE, BE IT RESOLVED BY THE WESTLAKE TOWN COUNCIL:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Westlake Town Council hereby approves the personnel travel
policy amendments attached to this resolution.
SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this Resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 23RD DAY JANUARY, 2012.
___________________________________
ATTEST: Laura Wheat, Mayor
________________________________ ___________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
Resolution 12-03
Page 2 of 7
Town of Westlake Travel Policy
2.14 Travel Policy
The job duties and responsibilities of Town representatives (employees) occasionally require
attendance at various conferences, seminars, classes, meetings, workshops, or other events
and may require travel to other areas of the metroplex, state, or country. The purpose of this
policy is to establish and maintain prudent stewardship of public funds and ensure that Town
representatives attend conferences, etc., that are necessary, relevant, and important to the
future of the Town.
The following travel guidelines are set forth to serve as a policy statement for business travel
by all representatives of the Town of Westlake. The term “Town representatives” includes
the Mayor, Town Council, appointed Board and Commission Committee Members,
Volunteers, and Town employees.
Assessing Value of Attendance
Those attending a seminar, conference, etc., should review the details of those events to
ensure that attendance would be beneficial in performance of their duties as representatives
of the Town and that funds have been budgeted.
Authorization Procedure
Mayor and Town Council Members - Upon request of Town Council members, the Town
Secretary’s office will coordinate registration, reservations, travel accommodations, etc., for
all Town Council members. The Finance Director’s office should be contacted to confirm
the availability of budgeted funds.
All employees and Town Council members must prepare a Travel Authorization Form for
Town Manager approval. This form must include a detail of estimated travel expenses.
Board and Commission Committee Members and Volunteers - Appointed board and
commission committee members and volunteers must follow the same guidelines for
Administrative Staff and Employees. The Town Manager must approve the Travel
Authorization Form.
Processing the Travel Authorization Form
All approved Travel Authorization Forms shall be sent to the Finance Department for
processing no later than ten (10) days before funds are needed. The completed Travel
Authorization Form must be submitted with copies of the documentation (program
registration) for the event.
Event/Travel Procedures
Resolution 12-03
Page 3 of 7
The following guidelines and standards shall be utilized when traveling on Town business.
A. Registration
1. Direct payment to the sponsor of the event is preferable.
2. In the event direct payment to the sponsor is impossible, an individual attendee will
be reimbursed for the actual cost of the registration and/or event costs.
3. Full advantage should be taken of any pre-registration discounts when possible.
4. Vouchers, invoices, advance registration forms, and/or receipts must be submitted as
payment or reimbursement justification.
B. Transportation
Transportation arrangements are based on what provides the most economic advantage to
the Town of Westlake.
Airfare - Airfare will be paid directly to the carrier, travel agency (or reimbursed), based
on coach fare, utilizing all prepaid, special, or discount fares as may be available.
Public Carrier Fares and Car Rental
1. Public carrier fares will be reimbursed based on receipts or prevailing fares based on
the geographic area.
2. Car rental reimbursement will be reviewed upon submission and/or receipt and
prevailing rental rates paid. If necessary, other circumstances will be evaluated in
determining additional reimbursement for the rental.
3. Discounts and special rates should be utilized whenever possible.
Personal Vehicle or Town Owned Vehicle Use
1. Employees attending events, seminars, classes, workshops, etc., in the DFW
metropolitan area regardless of the duration of the class, may be provided a Town
vehicle to attend, if available.
2. If no vehicle is available, employees using their own vehicle will be eligible to
receive a mileage allowance at a rate in accordance with the Internal Revenue Service
allowance. Reimbursement will be based upon actual mileage from the employee’s
regular place of work to their destination, or from home to destination whichever is
less.
3. If an employee is required to attend training for an extended period of time (longer
than one work week), the place of training will become the employees regularly
assigned workplace until such training is completed. An employee will not be
eligible for mileage reimbursement in such an instance.
4. To receive mileage reimbursement, the event, seminar, class, etc. must be required by
the Town or approved as personal development related to the job of the employee.
Resolution 12-03
Page 4 of 7
5. Employees who receive are car allowance will not be eligible to utilize Town-owned
vehicles unless the event, seminar, class, workshop, etc. is greater than sixty (60)
miles from Westlake Town Hall.
6. Employees who receive car allowances are ineligible to receive mileage
reimbursements unless the event, seminar, class, workshop, etc. is greater than sixty
(60) miles from Westlake Town Hall. The employee’s mileage reimbursement form
should reflect actual mileage driven minus 120 miles (sixty miles each way).
Overnight Accommodations
1. Room rental will be based on the actual cost of the room, plus tax and parking. Direct
payment or billing from the hotel is preferred.
2. Personal items such as personal telephone calls, entertainment, or other sundry items
not relevant to the public purpose of travel are not reimbursable. When travel time
exceeds a day, one night’s accommodations en route to the event and one night’s
accommodation on the return trip may be reimbursed.
3. Itemized receipts are required for all reimbursements.
4. Overnight accommodations should not exceed what is considered mid-range in terms
of cost and should take into account the distance from the conference site in order to
reduce transportation costs.
Meals and Incidental Expenses
Meals and incidental expenses may be either reimbursed to the employee utilizing the
guidelines under Section “A” below, or the employee may request a daily per diem.
Approval of per diem advances is required by the employee’s supervisor or the Town
Manager.
Travel Advances
Travel advances are provided so that the employee is not required to use personal funds for
Town business.
1. Travel advances must be received by the Finance Department ten (10) business days
prior to the event to allow adequate time for processing.
2. Advances are not to be considered additional compensation to the traveler.
3. Unused portions of travel advances must be returned immediately upon return to
work following a trip. Failure to do so within five days shall be reported to the
Department Director.
4. A daily advance amount of $65 is permitted including travel days.
5. Advances will be denied to travelers with previous advances outstanding over 10 days
and when an expense report has not been filed.
6. Additional advance amounts for mileage are not permitted. Mileage, when allowed, is
a reimbursable expense only.
7. Allowable expenses in excess of the advance amount may be reimbursed upon return
and filing of an expense report.
Resolution 12-03
Page 5 of 7
A. Reimbursement Method
1. Meals will be reimbursed upon presentation of receipts when travel is outside of the
Town of Westlake for attendance at a seminar, training class, or full day meeting.
2. Meal receipts must be itemized. Alcoholic beverages are not eligible for
reimbursement, and should be deducted from the receipt, or paid separately with the
employee’s personal funds.
3. Meals will be reimbursed at a maximum of $15.00 for breakfast, $20.00 for lunch,
and $30.00 for dinner. If a meal exceeds this amount, the employee will be required
to pay the difference.
4. There is a maximum daily reimbursement of $65.00 for meals. Amounts not used
for a meal cannot be applied to another meal.
B. Per Diems
As an alternative to the Reimbursement method, employees may select the option of a daily
per diem for travel and meal expenses. Approval of per diem advances is required by the
employee’s supervisor or the Town Manager.
1. Meals
The Town will pay for meals up to the GSA allowance amount when the purchase of
meals is directly attributable to the conduct of Town business. The employee shall
utilize all meals provided by the conference/seminar/meeting.
Incidental expenses for snacks and sundry items and gratuities are included in the
GSA allowance.
Determining GSA Allowance Rate The amount of the GSA allowance is based on
the travel destination. Each travel destination has a GSA allowance rate that is
assigned to it based upon cost of living. The GSA allowance rate for the travel
destination is determined through the following steps:
Step 1: Click on www.gsa.gov
Step 2: Click on Per Diem Rates under the e-Tools: Online Services heading.
Step 3: Click on the applicable US state for the destination Town. Choose the
applicable Meals and Incidental Expense (M&IE) rate from the table. If the
destination Town is not listed in the table, the standard rate provided in the table
should be used.
The GSA meal and incidental allowance shall be prorated (reduced) under the following
conditions:
• Meal is provided at a conference, seminar, or social event
• Meal is provided on the airline or other mode of transportation
• Meal is eaten at home on the day of the travel before beginning the travel or upon
returning home after the travel.
Resolution 12-03
Page 6 of 7
The GSA allowance shall be prorated as follows for the conditions listed above:
• Breakfast - 20% of GSA allowance
• Lunch - 30% of GSA allowance
• Dinner - 50% of GSA allowance
The GSA allowance shall not be carried over from one day to the following day during the
travel.
When using the per diem method, all employees must document GSA-allowable per diems
using the Determination of Travel Allowance worksheet. The form shall include the
applicable GSA allowances percentages for meals and other applicable expenses, and total
travel costs.
Supervisors or Department Heads who have managerial oversight for employee business
expense(s) are/is expressly and ultimately responsible authorizing and reviewing travel
expenses and reimbursements.
Meals on traveling days: For the days beginning and ending travel, only those meals within
the travel window should be claimed.
• Days beginning travel:
o Departure times after 10 a.m. – only lunch and dinner should be claimed
o Departure times after 2 p.m. – only dinner should be claimed.
• Days ending travel:
o Arrival times before 12 p.m. – only breakfast should be claimed
o Arrival times before 5 p.m. – only breakfast and lunch should be claimed
Partial Day Reimbursement
An employee who is traveling on official Town business for a continuous period of a
minimum of four hours but less than twenty-four hours, which does not involve an overnight
stay, will be reimbursed based on the per diem breakdown. No partial meal allowance will be
paid for an official business trip of less than four (4.0) hours unless the business meeting
includes a meal.
Joint Expenses
When two or more Town employees incur business expenses jointly (e.g. hotel expenses)
that will be charged to the same account, one person may pay some or all of the joint
expenses and file the travel report covering them. The report should mention the names of all
Town employees whose expenses are included.
Non-Reimbursable Expenses
The following expenses are NOT reimbursable by the Town:
o In-room movie or game rental
Resolution 12-03
Page 7 of 7
o Health clubs and spas
o Personal articles (i.e. toiletries, magazines, etc.)
o Alcoholic beverages
o Entertainment unrelated to Town business (i.e. attending a movie or play with
friends)
o Business and personal calls from hotels
o Calls to 900 numbers
o Dry cleaning or laundry
o Fines
o Costs resulting from failure to cancel transportation or hotel reservations
Submittal of Completed Expense Report
Employee must document any reimbursable expenses incurred on an Employee Expense
Report (see Appendix section). Receipts must accompany the report to substantiate any
requested reimbursement. Expenses not previously approved by the Travel Authorization
Request Form must be submitted to the Town Manager for approval.
Expense reports should be submitted to the Finance Department within ten (10) business
days of returning from travel.
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 – to
deliberate the offer of a financial or other incentive to a business prospect.
b. 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
c. Section 551.072 Deliberations Regarding Real Property – to deliberate the purchase,
exchange, lease or value of real property.
d. Section 551.071 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: Michael Eaton vs. Town of
Westlake
Town of Westlake
Item # 4 –
Executive Session
Town of Westlake
Item # 5 – Reconvene
Meeting
TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
b. 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
c. Section 551.072 Deliberations Regarding Real Property – to deliberate the purchase,
exchange, lease or value of real property.
d. Section 551.071 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: Michael Eaton vs. Town of
Westlake
Town of Westlake
Item # 6 – Take any
Action, if necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #7 - Future
Agenda Items
COUNCIL CALENDAR
- Northeast Leadership Forum Annual Meeting & Award Luncheon
February 3, 2012; 11:30 – 1:00 pm; Hurst Conference Center
- Board of Trustee Meeting
February 6, 2012
- Northeast Tarrant Transportation Summit
February 10, 2012; 8:30 am - 1:30 pm; Hurst Conference Center
- Gallery Night
March 3, 2012, Marriott Solana at 6:00 p.m.
- Board of Trustee Meeting
March 5, 2012
- WA Spring Break
March 12 – 16, 2012
- Town Council Meeting
March 26, 2012
Town of Westlake
Item # 8 –
Council Calendar
Town of Westlake
Item # 9 –
Adjournment