HomeMy WebLinkAbout02-27-12 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
February 27, 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 FEBRUARY 27 ,
2012, REGULAR MEETING . (30 min)
4. 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. Headway traffic report- Dove Road Traffic Studies.
b. Keller Police Department’s 2011 State Required Racial Profiling Report.
5. DISCUSSION ITEMS
a. Overview of the Municipal Audit for Year Ending September 30, 2011. (15 Min)
b. Update and Discussion on the Economic Development Agreement between the
Town of Westlake and the Marriott Solana Hotel. (10 Min)
c. Discussion of Proposed Performance Indicators for the Strategy Map from the
Strategic Issues-focused Governance System (SIGS) - approved at the December
12, 2011 Town Council Meeting. (45 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.
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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 January 23, 2012.
b. Consider approval of Resolution 12-04, Authorizing the Town Manager to
purchase a Fire Attack Truck.
c. Consider approval of Resolution 12-05, Accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P.,
Certified Public Accountants, for the Fiscal Year ending September 30, 2011.
d. Consider approval of Resolution 12-06, Appointing a member to the Historical
Preservation Society.
e. Consider approval of Ordinance 675, Amending Chapter 1 “General Provisions”,
Section 1-2, Amending the definition of Masonry Construction.
f. Consider approval of Ordinance 676, Appointing a Municipal Court Judge.
g. Consider approval of Resolution 12-07, Authorizing the Town Manger to enter
into a contract with Peachtree Construction for an amount of $486,641.26 for
street and drainage improvements in Stagecoach Hills.
h. Consider approval of Resolution 12-08, Approving an Economic Development
Agreement between the Town of Westlake and the Marriott Solana Hotel and a
Budget Amendment to Fund Said Agreement.
i. Consider approval of Resolution 12-09, Suspending Atmos Energy
Corporation’s Mid-Tex Division Requested Rate Change to Permit the Town Time
to Study the Request and to Establish Reasonable Rates.
j. Consider approval of Resolution 12-10, Amending the WA Civic Campus Facility
Use Guidelines and policies.
4. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 677, AMENDING
SECTIONS 102-65 AND 102-314 OF CODE OF ORDINANCES REGARDING THE
REGULATIONS APPLICABLE TO THE GU OR GOVERNMENT USE ZONING
DISTRICT.
5. 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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6. COUNCIL CALENDAR
- 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
- Westlake Arbor Day
April 7, 2012
- MasterWorks Solana Concert Series – Free Outdoor Concert by Zach King
April 12, 2012, Village Courtyard, 6:00 – 7:00 p.m.
- Alliance Development Forum, Marriott Championship Circle
April 13, 2012, 11:00 – 1:00 p.m.
- MasterWorks Solana Concert Series – Free Outdoor Concert by John Adams
April 19, 2012, Village Courtyard, 6:00 – 7:00 p.m.
- Junior High Sport Banquet, WA Dining Hall
April 20, 2012, 6:00 – 8:00 p.m.
- WHPS - Living History Event, ‘History of the Texas Flag’
WA Performance Hall, 7:00 – 8:30 p.m.
April 24, 2012
- Bandana Bonanza, Westlake Academy Campus
May 5, 2012
7. 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,
February 22, 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 January 23, 2012.
b. Consider approval of Resolution 12-04, Authorizing the Town Manager to
purchase a Fire Attack Truck.
c. Consider approval of Resolution 12-05, Accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified
Public Accountants, for the Fiscal Year ending September 30, 2011.
d. Consider approval of Resolution 12-06, Appointing a member to the Historical
Preservation Society.
e. Consider approval of Ordinance 675, Amending Chapter 1 “General Provisions”,
Section 1-2, Amending the definition of Masonry Construction.
f. Consider approval of Ordinance 676, Appointing a Municipal Court Judge.
g. Consider approval of Resolution 12-07, Authorizing the Town Manger to enter
into a contract with Peachtree Construction for an amount of $486,641.26 for street
and drainage improvements in Stagecoach Hills.
h. Consider approval of Resolution 12-08, Approving an Economic Development
Agreement between the Town of Westlake and the Marriott Solana Hotel and a
Budget Amendment to Fund Said Agreement.
i. Consider approval of Resolution 12-09, Suspending Atmos Energy Corporation’s
Mid-Tex Division Requested Rate Change to Permit the Town Time to Study the
Request and to Establish Reasonable Rates.
j. Consider approval of Resolution 12-10, Amending the WA Civic Campus Facility
Use Guidelines and policies.
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. Headway traffic report- Dove Road Traffic Studies.
b. Keller Police Department’s 2011 State Required Racial Profiling Report.
Town of Westlake
Item # 4 –
Reports
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TOWN COUNCIL AGENDA ITEM
Department: Public Works Department Meeting Date: February 27, 2012
Staff Contact: Jarrod Greenwood Report
Public Works Director
Subject: Dove Road Traffic Studies
EXECUTIVE SUMMARY
During a regular Town Council workshop, staff was directed to compare the amount of
“headway” for Dove Road vehicular traffic. TxDOT defines headway as:
The time interval between passage of consecutive
vehicles moving in the same stream, measured between
corresponding points on the vehicles. Measured in
seconds.
A decrease in headway (time) represents more traffic congestion as the time between
vehicles is reduced.
Staff compiled information from three vehicle traffic studies conducted on September
2008, April 2011, and October 2011 conducted with HI-STAR Traffic counters done in
the Westbound and Eastbound lane s at 2600 Blk Dove Road.
The attached charts illustrate the correlation between the daily average number of
vehicles, the peak number of vehicles, and the amount of headway.
It appears that there has been a reduction in the peak number of vehicles while the
average number has increased. Headway time indicates an increase in traffic congestion
from the September 2008 study to the April 2011 study, with a slight improvement in the
October 2011 study.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
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FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
No action required
ATTACHMENTS
Dove Road Traffic Headway Charts
447
180 164
0
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2100
2600
Sep 08 Apr 11 Oct 11
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AADT
Peak
Headway
Historical Traffic Pattern
on WB Dove Road
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256 214
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3100
Sep 08 Apr 11 Oct 11
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AADT
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Headway
Historical Traffic Pattern
on EB Dove Road
Se
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TOWN COUNCIL AGENDA ITEM
Department: Public Safety Meeting Date: February 27, 2012
Staff Contact: Tom Brymer, Town Manager Reports
Subject: Keller Police Department’s 2011 State Required Racial Profiling Report
EXECUTIVE SUMMARY
The Town currently has a five (5) year contract with the City of Keller to provide police services
for our municipality service. Under this contract, police services include police patrol, criminal
investigation, crime prevention education as well as drug and alcoho l prevention education (as
requested), animal control, dispatch, and jail services.
The attached report outlines Keller Police Department’s (KPD) service activity level in Westlake
for all traffic stops by officers where citations were issued during calendar 2011. Additionally,
State law requires police agencies to prepare and provide a report regarding racial profiling
which must also be submitted to a city’s governing body.
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, report presented for Town Council information and review as required by
law.
ATTACHMENTS
1. 2011 KPD Westlake Report and Cover Letter Dated 2-1-12 from Police Chief Mark Hafner.
DISCUSSION ITEMS
a. Overview of the Municipal Audit for Year Ending September 30, 2011. (15 Min)
b. Update and Discussion on the Economic Development Agreement between the
Town of Westlake and the Marriott Solana Hotel. (10 Min)
c. Discussion of Proposed Performance Indicators for the Strategy Map from the
Strategic Issues-focused Governance System (SIGS) - approved at the December
12, 2011 Town Council Meeting. (45 min)
Town of Westlake
Item # 5 –
Discussion Items
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TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: February 27, 2012
Staff Contact: Debbie Piper Discussion
Finance Director
Subject: Acceptance of the annual Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for
the fiscal year ended September 30, 2011.
EXECUTIVE SUMMARY
The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited
annually by outside independent accountants. The result of this independent audit is the receipt
of an unqualified opinion or “clean” opinion again this year. This means the auditors have found
that these financial statements present fairly, in all material respects, the financial position of the
Town of Westlake at September 30, 2011. We are also pleased that there were no “Management
Letter” comments for the current year.
As implemented in previous years, we have included the Texas Student Housing (TSH) audited
information in our report. Because the Town Council may appoint and/or remove a director of
the Texas Student Housing Board, it was determined that TSH should be considered a
component unit of the Town. This information has been included in the financials and in the
footnotes. It was also noted that the debt of TSH is not a liability of the Town.
The inclusion of this information in the Town’s audit will not affect any future bond ratings nor
have a negative impact on the Town’s overall debt ratio for the purpose of securing additional
financing in the future.
Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the
most important financial activities of the Town. This report represents and reflects upon the
Town’s financial operations and condition t o the Town’s residents, elected officials,
management personnel, financial institutions, rating agencies, and all other parties interested in
the financial affairs of the Town.
Additionally, the Town began participating in the Government Finance Officer Association’s
(GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal
year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for
governmental financial reporting. Therefore, we are pleased to announce that the Town has
recently received this award for our fourth submission.
This award is presented based on the required contents of the CAFR document, and ensures that
certain required financial disclosures are presented in the document. All governmental entities
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that participate in the program must include these disclosures in their CAFR. We believe the
September 30, 2011 CAFR is in compliance with these disclosure requirements, and the Town
will be awarded our 4th consecutive certificate.
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
Acceptance of the annual CAFR
ATTACHMENTS
Resolution
*”Draft” Comprehensive Annual Financial Report for the FY ended September 30, 2011.
(attached to final copy of the resolution)
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TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 27, 2012
Staff Contact: Tom Brymer Discussion
Town Manager
Subject: Update and Discussion on the Economic Development Agreement
Between the Town of Westlake and the Marriott Solana Hotel.
EXECUTIVE SUMMARY
A more detailed description of this economic development agreement is available on the
agenda memo for the consent portion of the Regular Meeting. This agreement has two
components. This would be the third year that the Town has had entered into this type of
agreement with the Marriott Solana hotel (prior to the last three years, the Town funded only a
portion of the Hotel’s shuttle bus cost). A summary of the components of this $110,000 (total)
economic development agreement is as follows:
• Shuttle Bus Transportation Cost Participation. An amount of $70,000 is
proposed for the Town’s participation in a portion of the operating cost of
Marriott providing shuttle bus service to its guests. This would be a $10,000
increase from the 10-11 agreement due to operating cost increases.
• Group Business Incentive Program. An amount of $40,000 is proposed for this new
program. This program was modeled after a similar successful program in the Town
of Addison, Texas. This program allows the Marriott Solana to discount their room
rates and/or services in order to generate new group business and/or, under certain
circumstances, maintain existing group business. Unlike the previous two agreements
with the Marriott Sola na, this one would create a two-tiered approach to the group
booking incentive with the following program minimums and incentives::
o Proposed group business shall book a minimum of $30,000 in room revenue
per program to be considered eligible for $5,000 in group incentive funds. (FY
11-12 Budget of $30,000).
o Proposed group business shall book a minimum of $15,000 in room revenue
per program to be considered eligible for $2,500 in group incentive funds. (FY
11-12 Budget of $10,000).
For groups receiving the benefit of this group incentive under this program, the Town of Westlake
shall receive sponsor recognition in all correspondence and at the group meeting/convention in an
appropriate manner.
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The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 11-
12 Budget contains an estimate that the Town will receive $535,000 in the current fiscal year in
the Visitors Association Fund. This represents 5.8% percent of total Town municipal revenues
and is derived from the Town’s only hotel, the Marriott Solana. For that reason, it is important
for the Town to take a strategic approach in maintaining and possibly growing this funding
stream. Information from the Town’s approved FY 11-12 Visitors Association Fund budget is
attached to this agenda memo.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
• This agreement moves the Town toward its Strategic Plan Vision Point of Service
Excellence.
• In the Strategic Issues format of our Strategic Plan, this agreement with the Marriott
Solana meshes with the Strategic Issue of Financial Stewardship and Organizational
Effectiveness.
• One of the Staff Actions under this Strategic issue is to maximize service provision
seeking partnerships in a number of areas, including economic development. This
agreement helps build such a partnership.
• This agreement also fits within the Town’s Strategy Map under Financial Stewardship
measured by the Strategic Outcome of Sustain Fiscal Health.
FISCAL IMPACT
Funded Not Funded N/A
Funding in this economic development grant agreement totals $110,000 and is available in the
Visitor’s Association (Hotel-Motel Occupancy Tax) Fund.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Hear report from the General Manager John Klukan of the Marriott Solana on this program to
date, ask questions, and provide feedback to Staff as to the progress to date with the services
funded by this economic development agreement. Staff supports both components of this
economic development
ATTACHMENTS
1. Chart showing Visitors Association Fund Hotel Occupancy Tax Revenue Trends.
2. Proposed Resolution and Economic Development Agreement between the Town of
Westlake and the Marriott Solana (note: see consent portion of the Regular Meeting
agenda for this document).
Visitors Association Fund
Hotel Occupancy Tax Revenue Trend
300,000
350,000
400,000
450,000
500,000
550,000
FY 03/04
actual
FY 04/05
actual
FY 05/06
actual
FY 06/07
actual
FY 07/08
actual
FY 08/09
actual
FY 09/10
actual
FY 10/11
actual
FY 11/12
budget
440,849
381,221
415,544
458,471
527,662
497,769
457,693
527,261
535,000
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TOWN OF WESTLAKE AGENDA ITEM
Department: Town Manager’s Office Meeting Date: February 27, 2012
Staff Contact: Amanda DeGan Workshop Discussion
Assistant to the Town Manager
Municipal Court Director
Subject: Discussion of Proposed Performance Indicators for the Strategy Map from
the Strategic Issues-focused Governance System (SIGS) - approved at the
December 12, 2011 Town Council Meeting
EXECUTIVE SUMMARY
At the November, 2011 Council workshop session, staff presented a revised strategic planning
system that now contains a comprehensive Strategic Issues-focused Governance System (SIGS),
with the following elements:
• mission, vision, and value statements (revised)
• strategic issues (previously contained in strategic planning document)
• a balanced scorecard strategy map
• a cycle of business chart
• a synopsis of the Town’s program based budget providing holistic representation of our
public services
The governance system is designed to incorporate the traditionally known, albeit issues-focused
strategic plan, vision/mission/community value statements, business cycle chart, overview of our
service programs and the multi-level balanced scorecard concept into a comprehensive document
to better serve our residents. The intent of the issues-focused concept in the strategic plan
portion of the system is to identify major events or opportunities for the Town (SWOT analysis)
and develop methods to capitalize on those items.
The introduction of the balanced scorecard concept will assist the Council and the Staff to
expand our focus from a one-dimensional financial viewpoint to include our customer service
needs, staffing investments, and operational process review projects. The combination of all
these components will enable the Town to focus on the skills and programs necessary for our
modern day, customer-centric, governmental organization to be successful in the future.
Based on feedback received from the Council survey at the planning retreat held on May 23,
2011, the council members indicated they would welcome the development of performance
measures to complement the SIGS system. The staff has reviewed and developed indicators
(measures) for each of the outcome based objectives found within the four perspectives o f the
balanced scorecard.
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However, in the development of the performance indicators, the leadership team met during
several staff initiated workshop sessions and took the process one step further. During these
discussions, it was determined that a need existed to develo p corresponding ‘desired outcomes’
to assist in defining the objectives found in the strategy map. The desired outcomes (a term
borrowed from our previous strategic planning document) are meant to give the casual reader a
greater understanding as to the Council’s goals and objectives (or definition) of what it means to
either Promote Best Practice Policy Governance, or Provide Outstanding Service and Program
Delivery, etc.
When viewed in a holistic manner, the outcome based objective is defined through the use of
the desired outcome and the performance indicators support or ‘indicate’ our achievement of
the end result. For example, when the strategy map lists the outcome objective of “Promoting
Community Health, Safety and Welfare” as a goal the desired outcome definition refers to the
promotion of health and wellbeing which can be measured (one-way) through the indicators of
how many residents are satisfied with our emergency/police services.
Promote Community Health, Safety and Welfare
Westlake is a safe place to live where health and wellbeing are promoted.
Target a minimum rating of 90% of “satisfied or very satisfied”
with the emergency and police services for our residents.
The performance indicators (performance measures) were developed with attention to our
current staff and data gathering capabilities as well as the relevance to the outcome based
objective that we are supporting. While indicators can be comprised of many different types
and vary in number, the most effective use of an indicator is:
• one that is specific to your organization,
• is measurable,
• that you have the resources to collect the data, and
• relates to your original objective.
Customer
Service
Perspective
Outcome
Based
Objectives
Outcome
Based
Objectives Desired
Outcome
(Definition)
Proposed
Performance
Indicator
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The indicators developed for the strategy map will be a grouping of either targeted ratings
according to our service delivery survey reports and external awards and recognitions for work
products (for example: budget documents) or they may need development, such as staff member
participation in the continuous improvement processes o r comprehensive technology plans.
With the current draft, one performance indicator has been proposed for each outcome based
objective; however, it should be noted that these can be adapted as we refine the system to
greater reflect the unique situations that exist in service delivery within Westlake.
The purpose of the current workshop discussion is to review the proposed performance
indicators for the strategy map found in the Strategic Issues-focused Governance System
(SIGS), as well as updates to the previously adopted strategy map’s outcome based
objectives.
APPLICABLE GOVERNANCE SYSTEM (SIGS) VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Review the draft of the proposed performance indicators for the 2011 Strategic Issues-focused
Governance System, and provide staff feedback and direction. If the Town Council is
comfortable with the indicators, they will be brought forward at a future meeting for
consideration of adoption.
ATTACHMENTS
1. Current Strategic Issues-focused Governance System (SIGS) – 2011
2. Proposed Performance Indicators for the Strategy Map
3. Refined Strategy Map based on workshop discussions with Staff
“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.”
Promote Best Practice
Policy Governance
Provide Outstanding Service
and Program Delivery
Provide Excellent, Responsive
Customer Service
Promote Community Health,
Safety & Welfare
Enhance and Maintain a
Sense of Community
CUSTOMER
FOCUS
FINANCIAL
STEWARDSHIP
Prepare the Budget with Linkages
to the Strategic Priorities
Identify & Allocate Funding for
Maintenance of Public Assets
Maintain Excellence in Reporting
and Financial Standards
Sustain Fiscal
Health
Maintain Effective
Internal Controls
EMPLOYEE
INVESTMENT
AND SUPPORT
Encourage Employee Professional
Development & Organizational Growth
Promote a Culture of Leadership,
Teamwork & High Performance (HPO)
Enhance Employee Work
Performance, Engagement &
Commitment to Service Excellence
Attract & Retain a Highly
Skilled Workforce and
Cultivate Job Satisfaction
OPERATIONAL
PROCESSES
Facilitate the
Implementation of the
Strategic Issues Focused
Governance System (SIGS)
Preserve Town Assets to
Optimize their Life
Expectancy
Implement a
Comprehensive
Continuous Quality
Improvement Process
Encourage Staff
Engagement with
Stakeholders
Optimize the Use
of our Shared
Services Model
Develop an
Integrated
Information
System
Innovation
Educational Leaders
Family Friendly and Welcoming
Engaged Citizens
Preservation of Our Natural Beauty
Strong Aesthetic Standards
Transparent Government
Fiscal Responsibility
STRATEGIC
ISSUES Capital Investment Fiscal Stewardship &
Organizational Effectiveness
Human Resources
(Employee Investment)
Comprehensive Planning and
Management of Natural Resources
Public Safety and
Emergency Preparedness
Strategic Issues-
Focused Governance
System (SIGS)
2012 Town of Westlake
“Westlake, a premier knowledge based community”
Example
FINANCIAL
STEWARDSHIP
Prepare the Budget with
Linkages
to the Strategic Priorities
Identify & Allocate Funding for
Maintenance of Public Assets
Maintain Excellence in
Reporting and Financial
Standards
Sustain Fiscal Health Maintain Effective
Internal Controls
DESIRED
OUTCOME
The annual operating budget
clearly reflects the Council’s
strategic priorities.
Funding sources and allocations
are clearly identified and have
been designated to maintain
the Town’s assets.
Town’s financial reports
are superior, both in
terms of format,
transparency and
developmental
processes.
The Town’s
monetary
control
processes are
both secure and
effective.
Town maintains a healthy
undesignated fund
balance and future
revenues are sufficient to
maintain levels.
PERFORMANCE
INDICATOR
Town receives
recognition from GFOA
on an annual basis for
the CAFR and budget
documents.
All reports will comport with
Council’s direction regarding
strategic funding.
Annual inventory review
identifies maintenance needs
according to a five year rolling
schedule and assign necessary
funding sources.
Receive an
‘unqualified
audit opinion’
annually and
implement
internal control
measures within
30 days
Five year forecast
estimates future
undesignated fund
balances at our
minimum standard
level and future
operating
expenditures do not
exceed revenues.
2
“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.”
Promote Best Practice
Policy Governance
Provide Outstanding Service
and Program Delivery
Provide Excellent, Responsive
Customer Service
Promote Community Health,
Safety & Welfare
Enhance and Maintain a
Sense of Community
CUSTOMER
FOCUS
Innovation
Educational Leaders
Family Friendly and Welcoming
Engaged Citizens
Preservation of Our Natural Beauty
Strong Aesthetic Standards
Transparent Government
Fiscal Responsibility
DESIRED
OUTCOME
The Council provides
clear governance
direction for the Town.
Town staff provides efficient
and effective services which
exceed our customer
expectations.
The Town cultivates a
sense of place and
belonging for our
residents.
PERFORMANCE
INDICATOR
Elected officials adhere
to established policies
as indicated in annual
staff and Council
surveys.
Target a minimum rating of
90% “met or exceeded
expectations” on the quality
of customer service to our
residents.
Target a minimum
rating of 90% of
“satisfied or very
satisfied” with the
emergency and police
services for our
residents.
Town’s staff responds to
customer concerns in a
professional and timely
manner.
Westlake is a safe place to
live where health and
wellbeing are promoted.
Target a minimum rating of
90% “satisfied or
very satisfied”
as to survey result on the
overall delivery of Town
services.
Target a minimum
rating of 90% of
residents who
recognize Westlake
promoting a “Sense
of Place” for our
community.
“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.”
FINANCIAL
STEWARDSHIP Prepare the Budget with Linkages
to the Strategic Priorities
Identify & Allocate Funding for
Maintenance of Public Assets
Maintain Excellence in
Reporting and Financial
Standards
Sustain Fiscal Health Maintain Effective
Internal Controls
Innovation
Educational Leaders
Family Friendly and Welcoming
Engaged Citizens
Preservation of Our Natural Beauty
Strong Aesthetic Standards
Transparent Government
Fiscal Responsibility
DESIRED
OUTCOME
The annual operating budget
clearly reflects the Council’s
strategic priorities.
Funding sources and allocations
are clearly identified and have
been designated to maintain
the Town’s assets.
Town’s financial reports
are superior, both in
terms of format,
transparency and
developmental processes.
The Town’s
monetary
control
processes are
both secure
and effective.
PERFORMANCE
INDICATOR
Town receives recognition
from GFOA on an annual
basis for the CAFR and
budget documents.
Town maintains a
healthy undesignated
fund balance and future
revenues are sufficient to
maintain policy levels.
Annual inventory review
identifies maintenance needs
according to a five year rolling
schedule and assign necessary
funding sources.
The annual budget is
prepared according to
standard accounting
practices and our
Council adopted
financial policies.
Receive an
‘unqualified
audit opinion’
annually and
implement
internal
control
measures
within 30 days
All reports and financial policies
will comport with Council’s
direction regarding the SIGS
system and our defined
program based budgeting.
“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.”
OPERATIONAL
PROCESSES
Facilitate the
Implementation of the
Strategic Issues-Focused
Governance System (SIGS)
Preserve Town Assets to
Optimize their Life
Expectancy
Implement a
Comprehensive
Continuous Quality
Improvement Process
Encourage Staff
Engagement with
Stakeholders
Optimize the
use of our
Shared Services
Model
Develop an
Integrated
Information
System
Innovation
Educational Leaders
Family Friendly and Welcoming
Engaged Citizens
Preservation of Our Natural Beauty
Strong Aesthetic Standards
Transparent Government
Fiscal Responsibility
DESIRED
OUTCOME
Town leadership utilizes
strategic issues-focused
decision making concepts
to maximize our resource
allocations.
The Town’s assets are
maintained to a high
standard of quality to
promote the Vision and
Values of the
community.
Stakeholder
relationships
are
strengthened
within our
community and
with partnership
organizations.
Staff fully
utilizes
available
technology for
effective
service
delivery.
PERFORMANCE
INDICATOR
All agenda items are clearly
referenced and linked to
the Strategic Issues-
Focused Governance
System (SIGS)
All staff members
actively participate in
continuous
improvement
processes as
demonstrated in their
annual evaluations.
Develop and
institute a
corporate /
business partner
outreach
program.
Westlake staff
continually review
procedures to enhance
the quality and
efficiency of our
services.
Our shared
services model
maintains its
relevance and
innovative
advantage.
Annually review the
Town inventory and
preventative
maintenance for all
capital assets.
Ratio of FTE’s to
daytime
population;
including Academy
students and
residents.
Target a 90%
overall approval
rating as it relates
to Communication
& Citizen
Engagement.
“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.”
EMPLOYEE
INVESTMENT
AND SUPPORT
Encourage Employee Professional
Development & Organizational Growth
Promote a Culture of Leadership,
Teamwork & High Performance (HPO)
Enhance Employee Work
Performance, Engagement
& Commitment to Service
Excellence
Attract & Retain a Highly
Skilled Workforce and
Cultivate Job Satisfaction
Innovation
Educational Leaders
Family Friendly and Welcoming
Engaged Citizens
Preservation of Our Natural Beauty
Strong Aesthetic Standards
Transparent Government
Fiscal Responsibility
DESIRED
OUTCOME
18
The Town of Westlake’s staff is highly
qualified and professional.
Staff works as a team that fosters an
HPO environment of collaboration,
innovation, strategic thinking and
respect.
Town staff are committed
to a continuous
improvement process, are
educated as to strategic
priorities and are
encouraged to participate
in organizational
development.
Westlake employees have a
sense of pride in their work
and support the vision,
mission and values of the
Town.
PERFORMANCE
INDICATOR
All employees will develop and report on
the implementation of a professional
development plan as a component of
their annual performance review.
All staff members comply with team
meeting commitments and
participation objectives/guidelines.
All departments utilize a
continuous improvement
review process to
streamline service
delivery and involve staff
in developing the
solutions.
The annual employee survey
indicates that overall, staff
are satisfied and engaged in
their respective positions.
In order to focus our efforts as it pertains to serving the residents and businesses as well as creating a dynamic
strategic planning document, the Council and staff developed a Strategic Issues-Focused Governance System (SIGS).
The system is designed to combine the strategic plan, Balanced Scorecard Strategy Map and program based budget
document into a comprehensive tool to guide the Town Council and staff as well as create an achievable vision for
Westlake.
The plan is organized according to Strategic Issues, identified as affecting our community over the next 24 months.
This type of issues-focused version of a traditional strategic plan is designed to allow the organization to scan our envi-
ronment for opportunities or challenges as it relates to our community and develop action plans to achieve the best
results for Westlake.
The Strategy Map from the Balanced Scorecard component of the SIGS outlines the Town Council directives which
are vital to our service provision levels for our community and identify measurable objectives to indicate our
performance in these areas of achievement.
The Program Based Budget is an effort to quantify the cost of services by program rather than the traditional line-item
budget format. The financial costs are identified by each program, rather than by each department, along with an
explanation of the core services and program objectives.
The philosophy of the Town of Westlake’s team embraces a “shared services model” as the most cost effective method
to deliver excellent public services to the community through our dedicated and professional staff members. The
community consists of our local residents, the children, parents and staff of Westlake
Academy, our corporate citizens, the employees who work in Westlake and various oth-
er customers, developers and visitors who do business in and around our town.
Through the use of a hybrid of internal direct service provision, inter-local agreements,
public/private partnerships and the shared provision of programs at Westlake Academy,
the staff strives to maintain Westlake as a premiere choice for
families and corporate neighbors while operating in a
financially responsible manner.
Each departmental director and their staff teams are cross-trained and provide support
or management of the service programs for both the Town of Westlake and the Town-
owned charter school, Westlake Academy. These programs include facilities
maintenance, development, human resources, IT support, financial services, communica-
tions, and executive level management.
The final results are a group of individuals who are actively engaged in creating a unique
living experience through community events, educational opportunities and distinctive
neighborhoods, which cannot be experienced anywhere else.
Strategic Issues-Focused Governance System
Strategic Plan
2011 Town of Westlake
“Westlake, a premier knowledge based community”
Table of Contents
Balanced Scorecard Strategy Map 2
Business Cycle Chart 3
Mission, Vision & Community
Values Statements
5
Strategic Plan 5
Program Based Budget Summary 14
Vaquero
Approved ~ December 12, 2011
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Sense of Place ~ Distinctive neighborhoods, architecturally vibrant corporate campuses, grazing longhorns, soaring
red‐tailed hawks, meandering roads and trails, lined with natural stone and native oaks.
Leadership ~ A premiere place to live,
leadership in public education, corporate
and governmental partnerships, and high
development standards.
Caring Community ~ Informed residents,
small town charm and values, historical
preservation.
Vision Statement
Westlake is an oasis of tranquility and natural beauty amidst an ever expanding
urban landscape.
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.”
3 Village Circle, Suite 202, Westlake, Texas 76262
www.westlake-tx.org (817) 430-0941
Strategic Plan
2011 Town of Westlake
“Westlake, a premier knowledge based community”
Innovation
Educational leaders
Family friendly and welcoming
Engaged citizens
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.
Preservation of our natural beauty
Strong aesthetic standards
Transparent government
Fiscal responsibility
Community Values
Vision Points
Page 5
Approximately 992 residents currently occupy the Town of Westlake’s 6.6 square miles,
which is situated in the northern triangle of the Fort Worth—Dallas area.
Originally settled in 1847, Westlake was incorporated in 1956. Today, the Town of
Westlake is home to several neighborhoods, all of which share a commitment to
excellence, but possess unique character and charm. All residents live in single-family
homes and there is an award winning private golf course in town.
The median age in Westlake is 38, and 51% of the residents are female. Some of the
community’s top employers are: Fidelity Investments, TD Auto Finance, and CoreLogic.
Several companies have offices in Solana, a high-profile corporate campus near State
Highway 114. Solana’s Village Circle also provides a mix of retail spaces and restau-
rants, plus offers the 296-room Marriott Solana hotel.
The sales tax rate in Westlake is 8.25%. Of the money collected, 6.25% is paid to the state
of Texas, 1% to the Town, and the remaining 1% to a local property tax relief fund and
an economic development fund.
History and Demographics
Solana Office Complex
Top Employers
Fidelity Investments
TD Auto Finance
CoreLogic
Wells Fargo Bank
McKesson Corporation
Deloitte University
Marriott — Solana
“Good
business
leaders create a
vision,
articulate the
vision, and
relentlessly
Page 6 Town of Westlake
Recent Infrastructure Re-investment & Development Projects
FM 1938—Construction of major north/south thoroughfare
Deloitte University
Dove Road and Ottinger Road Improvements
Stagecoach Hills Waterline & Paving/Drainage Improvements
Aspen Lane, Mahotea Boone and Roanoke Road Paving/Drainage
Improvements
SH 114 / SH 1170 Interchange
SENSE OF PLACE — The Town is home to several different types of community
developments, which include residential, corporate and agricultural uses. Our largest
residential neighborhood is home to a state of the art golf facility and many beautiful
homes. Stagecoach Hills airpark is located along the historic stagecoach line which
once transported passengers from Keller to Denton. Westlake residential neigh-
borhoods include:
Aspen Lane ● Glenwyck Farms ● Mahotea Boone ● Paigebrooke Farms
Stagecoach Hills ● Terra Bella ● Vaquero ● Wyck Hill
The Town is located along the Tarrant and Denton County borders and has portions of
major State highways that surround its perimeter. We are an ideal location for
businesses and have enjoyed a long history with our corporate campus developments.
During the 2011 strategic planning process, the Town Council and staff Leadership
Team developed an overview of the strategic issues facing Westlake and developed
action plans to monitor the success and completion of the projects. The vision and
mission statements were updated to reflect the unique characteristics found within our
community and the values which are important to our residents.
The information is contained within five vision points which describe the areas that the
Council and staff have determined are vital to maintaining our Town and providing
services to enhance the lives of our residents and community.
Vision Point One—Sense of Place
Vision Point Two—Leadership
Vision Point Three—Caring Community
Vision Point Four—Exemplary Governance
Vision Point Five—Service Excellence
Strategic Plan Overview
LEADERSHIP — Town leaders foresaw the need for a facility to educate the children of
Westlake in a local setting and to provide the citizens with a civic campus and a sense
of community.
In 2003, the Town raised funds to build Westlake Academy, the only open-enrollment
charter school owned and operated by a municipality in the State. The Academy of-
fers the rigorous International Baccalaureate curriculum, for grades K-12, and all resi-
dents are eligible to enroll their children.
The Town also utilizes the “shared services” configuration to provide cutting edge
service delivery to our residents and customers. The staff steps outside the traditional
roles associated with each department in a municipality and works in a cross-
functional manner between the Town and the Academy programs. This assists us in
keeping our overhead to a minimum while serving our community.
Page 7 Town of Westlake
“Vision without
action is a dream.
Action without
vision is simply
passing the time.
Action with
vision is making
a positive
difference.” - Joel
Barker
Page 8 Town of Westlake
EXEMPLARY GOVERNANCE — Westlake is governed by a Mayor and Town Council with
each of the five council members serving a two-year term. The Town Council also serves
as the governing board for Westlake Academy, in the capacity of the Board of Trustees.
The dual service configuration supports the cooperative delivery of program services for
the Westlake community.
The Town Council appoints the Town Manager, who also functions as the Academy’s
Superintendent, establishes town policies, and serves as the legislative body of the Town.
In this capacity, the Council also approves the Town budget.
The community is fortunate to have a dedicated group of residents who serve on our var-
ious boards and strive to promote the vision of the Town.
CARING COMMUNITY — In an effort to foster citizen engagement, enhance our neigh-
borhoods and increase participation in the community, many of the residents serve on
various advisory boards that are committed to furthering the mission of the Town and
ensuring Westlake is truly a unique community.
The Westlake Historical Preservation Society was created to identify, preserve, and
perpetuate the history of the Town and the Cross Timbers region.
The Town is committed to protecting and improving the quality of life of Westlake
residents, businesses and students by encouraging, inspiring, educating and entertaining
artistic and creative endeavors. The Public Art Society of Westlake provides a wide range
of professional and artistic presentations to foster the arts in the community and we are a
co-sponsor of the MasterWorks Concert Series with the Arts Council Northeast, who
promote local artists through public concert events.
Westlake also hosts several local events to foster community involvement through the
annual Christmas Tree Lighting Event, Decoration Day, Vintage Car Show and Arbor
Days.
SERVICE EXCELLENCE — The Town is staffed by a group of professionals who provide
our residents and customers with the highest quality of public services in an efficient and
responsive manner. The staff is involved in community gatherings, such as the neigh-
borhood and parent meetings, concerts series, and various holiday based events—as well
as striving to maintain personal relationships with our residential population to foster
the Sense of Place and Caring Community found in Westlake.
The Town’s Leadership Team of department directors brings more than 150 years of
collective municipal experience and knowledge to the Town along with a strong
commitment to public service excellence.
Entrance to Glenwyck Farms
The Town’s strategic plan was developed according to a Strategic Issues format, which
identified events through a SWOT (strengths, weaknesses, opportunities, and threats)
analysis that would affect our community over the next 24 months. This type of issues-
focused version of a traditional strategic plan is designed to allow the organization to
scan our environment for opportunities or challenges as it relates to our community and
develop action plans to achieve the best results for Westlake. The five component
issues we identified as strategic are:
Capital Investment
Fiscal Stewardship & Organizational Effectiveness
Human Resources (Employee Investment)
Comprehensive Planning and Management of Natural Resources
Public Safety and Emergency Preparedness
Under each outcome strategy, staff has created action items necessary to support or
achieve the desired result, which is linked to the Strategy Map.
Strategic Issues
Westlake Academy
Page 9 Town of Westlake
Strategic Plan
CAPITAL INVESTMENT — Ensure the infrastructure and capital investments of the Town are
maintained to sustain the community’s quality of life.
Outcome Strategies:
1. Existing Infrastructure Reinvestment (Current Assets)
Leadership Team Member(s): Tom Brymer / Eddie Edwards / Jarrod Greenwood / Troy
Meyer
Staff Action 1.1: Facilities — Review of long-term rental options in comparison to
building a permanent structure.
Strategy Map: Financial Stewardship ~ Sustain Fiscal Health
Completion Date: April, 2012
Staff Action 1.2: Cemetery — Analysis of long-term sustainability and marketing
opportunities to increase the return on investment in the facility.
Strategy Map: Financial Stewardship ~ Sustain Fiscal Health
Completion Date: December, 2013
Staff Action 1.3: Completion of FM 1938 (Precinct Line Road) - Implementation of
streetscaping projects.
Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community
Completion Date: FM 1938 — Summer, 2012; Final Streetscaping — Fall, 2015
Staff Action 1.4: FM 114/170 Interchange — Partner with TxDoT, the Town of Trophy
Club and City of Roanoke to complete the streetscaping project.
Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community
Completion Date: Summer, 2013
“Westlake has
been a lot of
things, but it has
never been
ordinary.”
Fort Worth
Star Telegram
Glenwyck Park
Page 10 2011
Outcome Strategies:
5. Budget according to established service level provisions within departments.
Leadership Team Member(s): Town Manager and All Departmental Directors
Staff Action 5.1: Prepare budgets in a fiscally responsible manner to maintain a low tax rate while serving our stakeholders.
Strategy Map: Financial Stewardship ~ Prepare the Budget with Linkages to the Strategic Priorities
Completion Date: Annually by October 1st.
FISCAL STEWARDSHIP AND ORGANIZATIONAL EFFECTIVENESS — Maintain a balanced approach to revenue forecast-
ing and expenditure allocation to ensure the necessary resources for long-term sustainability.
Strategic Issues, (cont.)
2. Technology and Equipment Investment
Leadership Team Member(s): Todd Wood / Richard Whitten / Eddie Edwards
Staff Action 2.1: Capital Investment in Vehicles—Review of emergency and fleet
maintenance needs and replacement opportunities.
Strategy Map: Operational Processes ~ Preserve our Infrastructure to Meet the Life
Expectancy of Our Assets
Completion Date: October, 2012
Staff Action 2.2: Radio Accessibility of Emergency Services — Examine public safety
communication interoperability of the Westlake emergency radio system.
Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare
Completion Date: June, 2012
CAPITAL INVESTMENT, (cont.)
Staff Action 2.3: Capital Investment in Technology—Review of current technology needs and forecast anticipated
requirements for internal operations, citizen engagement and equipment replacement in the form of a
technology plan.
Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare
Completion Date: June, 2012
3. Policy and Cost Analysis Drive by Growth (Future Assets)
Leadership Team Member(s): Tom Brymer / Debbie Piper / Jarrod Greenwood / Eddie Edwards / Todd Wood / Troy Meyer
Staff Action 3.1: Conduct feasibility study for water/sewer impact fees to offset the cost of infrastructure development.
Strategy Map: Financial Stewardship ~ Sustain Fiscal Health
Completion Date: June, 2012
Staff Action 3.2: Park Land and Trail Development — Work in partnership with surrounding municipalities to allow for
connection of trails within Westlake to our neighboring communities.
Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare
Completion Date: July, 2012
Staff Action 3.3: Evaluate Westlake Academy campus needs and expansion options.
Strategy Map: Operational Processes ~ Optimize the Use of Our Shared Services Model
Completion Date: August, 2012
4. Hwy 170/NTTA project
Staff Action 4.1: Monitor the construction of the Hwy 170/NTTA project and provide Council with updates as to the impact
on mobility in Westlake.
Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare
Completion Date: Annual Report in November
Entrance to Stagecoach Hills
Page 11 Town of Westlake
Strategic Issues, (cont.)
6. Maximize the service provision level to our customers through the use of the shared
services model, public/private partnerships and the implementation of innovative
inter-governmental agreements.
Leadership Team Member(s): Town Manager and All Departmental Directors
Staff Action 6.1: Seek additional partnerships through either the use of Memorandums
of Understanding (MOU’s) or Interlocal Agreements (ILA’s) relative to
items such as economic development, tourism, cost reductions or
enhanced efficiencies in service delivery mechanisms, infrastructure
developments, mobility activities, etc.
Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery
Completion Date: Provide annual December report to Council
Staff Action 6.2: While maintaining high standards, continue to create incentive
mechanisms that encourage businesses to locate in Westlake. These
include flexible “development friendly” ordinances, adequate or
expandable infrastructure, simplified fee structures and review
procedures, and responsive staff support.
Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery
FINANCIAL STEWARDSHIP AND ORGANIZATIONAL EFFECTIVENESS, (cont.)
7. Develop a communication and marketing plan that is comprehensive in nature to encourage dialogue with our residents
and foster community involvement.
Leadership Team Members(s): Ginger Awtry / Tom Brymer / Todd Wood
Staff Action 7.1: Provide consistent and timely communication to promote resident and stakeholder engagement in the
business, events and opportunities in Westlake.
Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community
Completion Date: Provided through Monthly and Quarterly Publications
Staff Action 7.2: Implement new website and monitor/update content material for relevancy and timeliness.
Strategy Map: Customer Focus ~ Provide Excellent, Responsive Customer Service
Completion Date: February, 2012
Staff Action 5.2: Continually monitor our revenue income and expenditures as it relates to the program budgeting
function to provide Council with comprehensive financial information.
Strategy Map: Financial Stewardship~ Sustain Financial Health
Completion Date: Provided through Quarterly Financial Reports
Staff Action 5.3: Examine Town’s capacity for re-investment in technology, FFE, capital expenditures, etc.
Strategy Map: Financial Stewardship ~ Identify and Allocate Funding for Maintenance of Public Assets
Completion Date: June, 2012
Staff Action 5.4: Develop/propose a financial policy to provide for future replacement needs of technology, FFE, etc.
Strategy Map: Financial Stewardship ~ Identify and Allocate Funding for Maintenance of Public Assets
Completion Date: December, 2012
Terra Bella Entry
Page 12 2011
Spring Flowers
Strategic Issues, (cont.)
Outcome Strategies:
9. Update Town’s Comprehensive Plan
Leadership Team Member(s): Troy Meyer / Eddie Edwards / Jarrod Greenwood
A. Review of Current Comprehensive Planning document.
Staff Action 9.A.1: Review existing plan provisions and incorporate into new proposal;
Examine the possibility of hiring an outside consultant to assist in
the process.
Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community
Completion Date: June, 2012
B. Review of Land Use Plan & Financial Analysis of Impact to Sustainability
Staff Action 9.B.1: Understanding the impact of the current land use plan on future
growth and financial sustainability of the Town’s municipal services,
fees, and infrastructure necessary to support future development.
Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community
Completion Date: March, 2013
C. Supporting Master Plans
Thoroughfare Plan
Parks/Trail/Open Space
Utilities (Water, Sewer, Duct Bank)
Staff Action 9.C.1: Draft supporting master plans according to concepts approved by
Council in the Comprehensive Planning document.
Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community
Completion Date: March, 2013
COMPREHENSIVE PLANNING AND MANAGEMENT OF NATURAL RESOURCES —
Ensure the standards are maintained and promoted in the management of growth and development
within the Town to foster our unique character and rural-like atmosphere.
HUMAN RESOURCES (Employee Investment) — Provide the appropriate staffing levels at the Town as it relates to
service delivery to our community.
Outcome Strategies:
8. Include personnel estimates in the five-year financial forecast based on expansion of service provision to the
Academy and community as directed by growth/demand for services.
Leadership Team Member(s): Town Manager and All Departmental Directors
Staff Action 1.1: In conjunction with 5-year financial forecast, department heads to identify staffing needs for all
programs of service.
Strategy Map: Operational Processes ~ Optimize the Use of Our Shared Services Model
Completion Date: Annually by August, 2012
Staff Action 1.2: Continually evaluate ways to maximize our delivery methods by cross-training employees and
identifying skill sets which would be beneficial across the organization (i.e., security at the
Academy, event preparation and volunteering, communication efforts through dynamic publica-
tions, IT services between the Academy/Town, etc.)
Strategy Map: Operational Processes ~ Encourage Stakeholder and Staff Engagement
Completion Date: Report in August, 2012
PUBLIC SAFETY AND EMERGENCY PREPAREDNESS — Provide a safe community for our residents and business
partners.
Page 13 2011
Strategic Issues, (cont.)
12. Plan and implement strategies to enhance the emergency preparedness of the residents
and Town facilities.
Leadership Team Member(s): Town Manager and All Departmental Directors
Staff Action 2.1: Evaluate on the local level that all departments have adequate training, equipment, and
communication tools, to effectively address emergency situations as they arise.
Strategy Map: Customer Focus ~ Promote Community Health, Safety and Welfare
Completion Date: May, 2012
Staff Action 2.2: Review Town/Academy Standard Operating Procedures and emergency plans to maintain readiness.
Strategy Map: Customer Focus ~ Promote Community Health, Safety and Welfare
Completion Date: December, 2012
Staff Action 2.3: Inventory and identify availability of recommended Emergency Operations Center components.
Strategy Map: Customer Focus ~ Promote Community Health, Safety and Welfare
Completion Date: June, 2013
COMPREHENSIVE PLANNING AND MANAGEMENT OF NATURAL RESOURCES, (Cont.)
D. Review and recommend necessary changes to existing ordinances to align with Comprehensive Plan
Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery
Completion Date: March, 2013
10. Investigate and review of environmental preservation and conservation opportunities.
Leadership Team Member(s): Jarrod Greenwood / Troy Meyer
Staff Action 10.1: Provide Council with report outlining programs that would benefit the residents in their
conservation efforts.
Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery
Completion Date: Report to Council in April, 2012
Staff Action 10.2: Compare and contrast the programs relative to surrounding communities and the options found
in the environmental conservation “best practices” of local government, to include an estimated
cost of service provision.
Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery
Completion Date: April, 2013
Outcome Strategies:
11. Consistently seek an effective service delivery method to provide comprehensive
police services for the Town residents.
Leadership Team Member(s): Town Manager and All Departmental Directors
Staff Action 11.4: Monitor and report on the success of the current police services
contract to ensure a safe environment for our residents.
Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery
Completion Date: Annual report in February/March
Terra Bella Entry
Page 14 2011
Spring Flowers
Programs of Service
Program
Comprehensive Planning & Economic Development
Building Inspections
Code Enforcement
Transportation Services
Parks & Recreation Maintenance
TOTAL
Vision Point One ~ Sense of Place: Distinctive neighborhoods, architecturally
vibrant corporate campuses, grazing longhorns, soaring red‐tailed hawks, meandering
roads and trails, lined with natural stone and native oaks.
Total Allocation
$ 84,199
$ 38,253
$ 5,182
$ 39,646
$ 106,031
$ 273,311
Key Service Delivery Dept.
Dept. 11 — Administration
Dept. 12 — Planning & Dev.
Dept. 12 — Planning & Dev.
Dept. 16 — Public Works
Dept. 19 — Parks & Rec.
Vision Point Two ~ Leadership: A premiere place to live, leadership in public ed‐
ucation, corporate and governmental partnerships, and high development standards.
Program
Plan Review & Inspections
Gas Well Permit Administration
Planning & Zoning
Water Services Sew-
er Services
Solid Waste & Recycling
Westlake Academy Foundation Support Services
Academic Support Services Tex-
as Student Housing
TOTAL
Total Allocation
$ 48,945
$ 8,197
$ 39,252
$1,662,660
$ 444,994
$ 33,533
$ 20,501
$ 139,151
$ 28,767
$2,426,000
Key Service Delivery Dept.
Dept. 12 — Planning & Dev.
Dept. 12 — Planning & Dev.
Dept. 12 — Planning & Dev.
Dept. 16 — Public Works
Dept. 16 — Public Works
Dept. 16 — Public Works
Dept. 18 — Finance
Dept. 21 — Human Resources
Dept. 13 — Town Secretary
The program budget allocations are used as a means of providing our residents and Council
with the costs associated with each public service provision according to the specific
program rather than the traditional line-item designations. It has been developed with a
governance approach that places greater emphasis on the services and activities provided to
our stakeholders rather than the individual departments that carry out the assigned work
duties.
The information listed below, groups the programs with the Vision Point most closely related
to the service and identifies the department that is primarily responsible for ensuring the
necessary work is completed to reach our goals and objectives.
The program budget may also be utilized as a tool for prioritizing services and making
organizational funding decisions. Deciding how responsive, effective or efficient a particular
service should be carries implicit costs. Westlake continues to deliver the highest quality
services possible while maintaining relatively low provision costs. The professional staff at
the Town of Westlake takes pride in the work they do and the services they offer to our
residents.
Page 15 2011
Programs of Service, (cont.)
Vision Point Three ~ Caring Community: Informed residents, small town charm and
values, historical preservation.
Program
Emergency Prevention
Citizen Engagement & Communications
TOTAL
Total Allocation
$ 70,023
$ 117,221
$ 187,244
Key Service Delivery Dept.
Dept. 14 — Fire & EMS
Dept. 22 — Communications
Vision Point Four ~ Exemplary Governance: Town officials, both elected and
appointed, exhibit respect, stewardship, vision, and transparency.
Program
Municipal Governance
Academic Governance
TOTAL
Total Allocation
$ 183,083
$ 78,384
$ 261,467
Key Service Delivery Dept.
Dept. 11 — Administration
Dept. 11 — Administration
Vision Point Five ~ Service Excellence: Public service that is responsive and
professional, while balancing efficiency, effectiveness, and financial stewardship.
Program
Financial Management
Municipal Administration
Academic Administration
Records Management
Emergency Operations
Emergency Operations — Billing Services
Emergency Operations — Support Services
Police Services
Municipal Court—Case Processing
Municipal Court — Docketing
Warrant & Jail Services
Municipal Court - Collection Services
Judiciary & Administration
Utility Billing & Processing
Municipal Accounting Services
Human Resources — Administration
Human Resources —Total Compensation
Human Resources — Risk Management
Human Resources — Employment Services
Right-of-Way (ROW) Management
Election Administration
Municipal IT Operations
Municipal Network Operations
TOTAL
Total Allocation
$ 291,888
$ 656,508
$ 274,369
$ 29,621
$ 991,454
$ 12,000
$ 30,504
$ 775,326
$ 61,478
$ 52,013
$ 96,525
$ 17,393
$ 37,024
$ 67,419
$ 202,190
$ 6,501
$ 2,000
$ 4,210
$ 3,166
$ 143,096
$ 12,928
$ 81,592
$ 6,363
$ 3,855,570
Key Service Delivery Dept.
Dept. 11 — Administration
Dept. 11 — Administration
Dept. 11 — Administration
Dept. 13 — Town Secretary
Dept. 14 — Fire & EMS
Dept. 14 — Fire & EMS
Dept. 14 — Fire & EMS
Dept. 23 — Police
Dept. 15 — Municipal Court
Dept. 15 — Municipal Court
Dept. 15 — Municipal Court
Dept. 15 — Municipal Court
Dept. 15 — Municipal Court
Dept. 18 — Finance
Dept. 18 — Finance
Dept. 21 — Human Resources
Dept. 21 — Human Resources
Dept. 21 — Human Resources
Dept. 21 — Human Resources
Dept. 16 — Public Works
Dept. 13 — Town Secretary
Dept. 20 — Information Tech.
Dept. 20 — Information Tech.
“We are
limited, not by
our abilities, but
by our own
vision.”
- Anonymous
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 January 23, 2012.
b. Consider approval of Resolution 12-04, Authorizing the Town Manager to
purchase a Fire Attack Truck.
c. Consider approval of Resolution 12-05, Accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P.,
Certified Public Accountants, for the Fiscal Year ending September 30, 2011.
d. Consider approval of Resolution 12-06, Appointing a member to the Historical
Preservation Society.
e. Consider approval of Ordinance 675, Amending Chapter 1 “General Provisions”,
Section 1-2, Amending the definition of Masonry Construction.
f. Consider approval of Ordinance 676, Appointing a Municipal Court Judge.
g. Consider approval of Resolution 12-07, Authorizing the Town Manger to enter
into a contract with Peachtree Construction for an amount of $486,641.26 for
street and drainage improvements in Stagecoach Hills.
h. Consider approval of Resolution 12-08, Approving an Economic Development
Agreement between the Town of Westlake and the Marriott Solana Hotel and a
Budget Amendment to Fund Said Agreement.
i. Consider approval of Resolution 12-09, Suspending Atmos Energy Corporation’s
Mid-Tex Division Requested Rate Change to Permit the Town Time to Study the
Request and to Establish Reasonable Rates.
j. Consider approval of Resolution 12-10, Amending the WA Civic Campus Facility
Use Guidelines and policies.
Town of Westlake
Item # 3 - Consent
Agenda Items
Town Council Minutes
01/23/12
Page 1 of 4
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
January 23, 2012
PRESENT: Mayor Laura Wheat and Council Members, David Levitan, Carol Langdon and
Rick Rennhack. Clif Cox arrived at 5:28 p.m.
ABSENT: Tim 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, and Human Resources and
Administrative Services Director Todd Wood.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:23 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 JANUARY 23, 2012,
REGULAR MEETING.
Mayor Wheat asked Attorney Lowry for clarification of the mediation language regarding
item e of the consent agenda.
Town Council Minutes
01/23/12
Page 2 of 4
4. REPORTS
a. Fidelity ingress/egress affected by FM 1938 construction.
Town Manager Brymer provided an overview of the access point off of Dove Road
that Fidelity will use during construction at the intersection of Bull Way and FM1938.
5. DISCUSSION ITEMS
a. Quarterly Financial Dashboard and Analysis for the Quarter ended December 31,
2011.
Town Manager Brymer provided an overview of the Capital projects listed in the
report.
b. Discussion regarding contracting with Denton and/or Tarrant counties for the
2012 general election.
Town Secretary Edwards provided an update on contracting with both counties
and polling locations.
6. COUNCIL RECAP / STAFF DIRECTION
- None
7. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the workshop
at 5:31 p.m. to call the Board of Trustees workshop to order.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 8:52 p.m. with Council Member Brittan
absent.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
No one addressed the Council.
Town Council Minutes
01/23/12
Page 3 of 4
3. CONSENT AGENDA
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 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.
MOTION: Council Member Cox made a motion to approve the consent
agenda. Council Member Levitan seconded the motion. The
motion carried by a vote of 4-0.
4. EXECUTIVE SESSION
The Council convened into executive session at 8:49 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 551.074(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
Mayor Wheat reconvened the meeting at 12:32 a.m.
Town Council Minutes
01/23/12
Page 4 of 4
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
7. FUTURE AGENDA ITEMS
- None
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
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 12:33 a.m.
APPROVED BY THE TOWN COUNCIL FEBRUARY 27, 2012.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Fire – EMS Department Meeting Date: February 27, 2012
Staff Contact: Richard Whitten Consent Agenda
Fire Chief
Subject: Purchase of Quick Attack Fire Truck (light duty)
EXECUTIVE SUMMARY
Funding is allocated in the FY 2011/2012 budget as approved by the Town Council for a new
Quick Attack fire t ruck. Currently the Department only has one fire truck which is an
Engine/Pumper. The current Engine/Pumper is a large heavy duty fire truck and has some
limitations in serving all of the needs of the fire department.
The current Engine that the department has is the work horse of any fire department. It is the
main fire truck. However, there are needs that an Engine is limited in providing. Limited access
areas such as homes and buildings that are built a great distance from the roadway and situated
tightly among trees all make getting a full size Engine close enough to the incident difficult .
Grass and brush fires generally require that a truck be able to go off road to extinguish these
fires. The Department is currently limited when faced with these situations. The Quick Attack
fire truck would enhance service delivery by allowing the Department to confront these
situations quickly without waiting for a neighboring department to respond with their light duty
fire truck.
The new Quick At tack fire t ruck would further provide a back-up apparatus to the current
Engine. When the current Eng ine is out of service for repairs or maintenance the Department
would not be completely without a fire truck. Currently the Department has to attempt to borrow
another department’s spare Engine when performing necessary repairs and maintenance on our
Engine. The Department is not always successful in obtaining a loaner.
The Quick Attack fire t ruck could be utilized on several calls that do not necessarily require an
Engine, further reducing wear and tear on the Engine and extending its life span. The Engine
mainly responds to calls related to buildings, motor vehicle accidents and vehicle fires. The
Quick Attack fire t ruck could respond to grass and brush fires, known limited access areas, and
EMS incidents.
The Town received a compressed air foam system (CAFS) skid unit with a Federal grant in 2005
anticipating placing it on a chassis the following year. However, due to lack of funding, this
never materialized.
In 2010 Range Resources developed a Gas Well Pad Site that required the removal of numerous
Page 2 of 2
trees. As part of the tree mitigation process, Range paid $175,000 into the Reforestation Fund.
The Reforestation Fund is to be used for purchasing, planting and maintaining trees on public
property, acquiring equipment that may be used for the protection of trees, or for acquiring and
preserving wooded property. An Attack Truck is an invaluable tool for fighting fires on
undeveloped land where the Town still has many groves of trees.
The Quick Attack fire truck will be a 2012 model F-550 Rosenbauer/DACO purchased through
HGAC. It will have a 12 foot aluminum rescue body. It has storage compartments for
equipment such as ladder, hose, nozzles, chain saw, various hardware and hand tools, EMS
equipment and breathing apparatus.
The unit will require an expenditure of $146,720. The anticipated life cycle is approximately ten
(10) years. This estimate is based on the overall usage and calls for service over the
corresponding time period.
The unit will require the purchase of equipment to operate and serve our residents, which will
cost approximately $ 23,000. The basic equipment that will be purchased includes items such as,
radios, breathing apparatus, axes, backpack pump cans and various hand tools.
The Houston-Galveston Area Council (H-GAC) is a purchasing consortium that is a unit of local
government and a political subdivision of the State of Texas. H-GAC provides volume
purchasing prices through their discounted bid program. They provide an expedited procurement
process that meets requirements for competitive bids and proposals.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
Funds are budgeted in the Approved FY 2011/2012 budget, Capital Outlay Fund, in the amount
of $170,000. The Quick Attack fire truck plus equipment will be purchased within budget.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Staff recommends authorizing Town Manger to execute contract through H-GAC and secure
purchases through associated vendors for equipment purchases.
ATTACHMENTS
Resolution
H-GAC/DACO Proposal
Resolution 12-04
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 12-04
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, FINDING THE PROVISION OF A QUICK ATTACK FIRE TRUCK AND
ASSOCIATED EQUIPMENT; AND AUTHORIZING EXPENDITURES FOR THE
COMPLETION OF SAID ACQUISITION.
WHEREAS, the Town of Westlake commenced the operation of the Town of Westlake
Fire Department during May of 2002; and
WHEREAS, based on the scope of services provided and the geographic limits of the
Town of Westlake service area, the Town of Westlake Fire Department must maintain
firefighting apparatus and all associated equipment to provide said services, and
WHEREAS, the Town Council finds and concludes that maintaining reliable emergency
response vehicles is necessary to preserve the property of the Town, to protect the public health
and safety of the Town's residents and to preserve the safety of the Town and its citizens; and
WHEREAS, by entering into an Interlocal Contract with the Houston-Galveston Area
Council (H-GAC), a cooperative purchasing program that satisfies the formal bid process; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approves the
proposed quote from H-GAC, attached as Exhibit “A”.
SECTION 3: That the Town Manager, or his designee, is authorized and directed to
enter into an agreement for the acquisition of a Quick Attack fire truck, and all associated
equipment, in an amount not to exceed $170,000.00. Any actions previously taken by the Town
Manager in the undertaking of this project are hereby ratified and approved.
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 12-04
Page 2 of 2
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2012.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: February 27, 2012
Staff Contact: Debbie Piper Consent
Finance Director
Subject: Acceptance of the annual Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for
the fiscal year ended September 30, 2011.
EXECUTIVE SUMMARY
The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited
annually by outside independent accountants. The result of this independent audit is the receipt
of an unqualified opinion or “clean” opinion again this year. This means the auditors have found
that these financial statements present fairly, in all material respects, the financial position of the
Town of Westlake at September 30, 2011. We are also pleased that there were no “Management
Letter” comments for the current year.
As implemented in previous years, we have included the Texas Student Housing (TSH) audited
information in our report. Because the Town Council may appoint and/or remove a director of
the Texas Student Housing Board, it was determined that TSH should be considered a
component unit of the Town. This information has been included in the financials and in the
footnotes. It was also noted that the debt of TSH is not a liability of the Town.
The inclusion of this information in the Town’s audit will not affect any future bond ratings nor
have a negative impact on the Town’s overall debt ratio for the purpose of securing additional
financing in the future.
Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the
most important financial activities of the Town. This report represents and reflects upon the
Town’s financial operations and condition to the Town’s residents, elected officials,
management personnel, financial institutions, rating agencies, and all other parties interested in
the financial affairs of the Town.
Additionally, the Town began participating in the Government Finance Officer Association’s
(GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal
year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for
governmental financial reporting. Therefore, we are pleased to announce that the Town has
recently received this award for our fourth submission.
This award is presented based on the required contents of the CAFR document, and ensures that
certain required financial disclosures are presented in the document. All governmental entities
Page 2 of 2
that participate in the program must include these disclosures in their CAFR. We believe the
September 30, 2011 CAFR is in compliance with these disclosure requirements, and the Town
will be awarded our 4th consecutive certificate.
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
Acceptance of the annual CAFR
ATTACHMENTS
Resolution
*”Draft” Comprehensive Annual Financial Report for the FY ended September 30, 2011. (will
be attached to final copy of the resolution)
Resolution 12-05
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 12-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ACCEPTING THE ANNUAL COMPREHENSIVE ANNUAL FINANCIAL
REPORT PRESENTED BY PATTILLO, BROWN & HILL, L.L.P., CERTIFIED
PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2011.
WHEREAS, Section 103.001 of the Local Government Code requires that a
municipality shall have its records and accounts audited annually and shall have an annual
financial statement prepared based on the audit; and
WHEREAS, Section 103.002 of the Local Government Code requires that a
municipality shall employ at its own expense a certified public accountant who is licensed in this
state or a public accountant who holds a permit to practice from the Texas State Board of
Public Accountancy to conduct the audit and to prepare the annual financial statements; and
WHEREAS, the firm of Pattillo, Brown & Hill, L.L.P., Certified Public Accountants,
was selected and approved by the Town Council on July 12, 2006 for a five year engagement to
include the performance of the Town of Westlake’s financial audit for the year ended September
30, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council does hereby accept the fiscal year 2010-2011
Comprehensive Annual Financial Report from Pattillo, Brown & Hill, L.L.P., Certified Public
Accountants.
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 12-05
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY, 2012.
__________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
___________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary Meeting Date: February 27, 2012
Staff Contact: Kelly Edwards Consent
Town Secretary
Subject: Approval of Resolution appointing a member to the Westlake Historical
Preservation Society.
EXECUTIVE SUMMARY
Currently the Historical Preservation Society has a vacant seat. The Historical Preservation
Society would like to appoint Mr. Jim Budarf to the board filling a vacancy.
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
Consider appointment
ATTACHMENTS
Application
Resolution
Resolution 12-06
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 12-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY
BOARD.
WHEREAS, Currently, a vacancy exist on the Westlake Historical Preservation Society board;
and
WHEREAS, the Town Council has received an application for consideration of appointment;
and
WHEREAS, the meeting at which this Resolution was considered was open to the public as
required by law, and public notice of th e time, place, and subject of the meeting has been given in
accordance with Chapter 551, Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the
following individual to serve as a member of the Westlake Historical Preservation Society board for the
term noted below:
Jim Budarf - term expiring June 2012.
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 12-06
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2012.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Planning and Development Meeting Date: February 27, 2012
Staff Contact: Eddie Edwards, Consent
Director of Planning and Development
Subject: Consideration of an ordinance amending sections 1-2 of the Town of Westlake
Code of Ordinances. This section contains the definition of Masonry
Construction relative to the exterior walls of buildings in Westlake.
EXECUTIVE SUMMARY
The current definition causes an unnecessary burden on home builders who wish to have stucco
as an exterior wall surface. They are forced to erect a masonry wall and then apply the stucco on
top of the masonry wall to achieve the minimum thickness required. According to the many
industry experts this application is considered a less desirable system than applying stucco to a
wood framed wall. They feel that the thermo dynamic property differences between a masonry
wall and the stucco veneer will result in a greater likelihood of cracking.
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 of the proposed amendments.
ATTACHMENTS
Code sections with proposed changes shown.
Proposed ordinance.
Masonry Definition
Amendment to Sec. 1-2 of the
Town of Westlake Code of Ordinances.
Chapter 1 – GENERAL PROVISIONS
Sec.1-2 – Definitions and rules of construction.
Masonry construction. The words “masonry construction” include exterior walls constructed of
brick, stone, cast stone, concrete, glass block or other approved masonry materials and shall be
constructed in accordance with the Westlake Building Code. , but in no case shall brick be less
than three inches in thickness nor shall stone, concrete, concrete block or other approved
masonry be less than 3 5/8 inches in thickness when applied as a veneer.
Ordinance 675
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 675
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 1 OF
THE CODE OF ORDINANCES, TITLED “GENERAL PROVISIONS”, BY
AMENDING SECTION 1-2, AMENDING THE DEFINITION FOR MASONRY
CONSTRUCTION; PROVIDING A PENALTY CLAUSE; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds it to be in the best
interest of the Town and its citizens to allow greater discretion regarding the materials used
for the construction of exterior walls of single family residences; and
WHEREAS, upon the recommendation of the Town of Westlake Building Official,
the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best
interests of the town and its citizens that the attached amendment (Exhibit “A”) to the
Westlake Code of Ordinances should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 1, General Provisions, Section 1-2 of the Town of
Westlake Code of Ordinances, as amended, is hereby amended as shown on attached Exhibit
A, which is incorporated for all purposes.
SECTION 4: That all provisions of Ordinance not hereby amended shall remain in
full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
Ordinance 675
Page 2 of 3
SECTION 7: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase,
sentence, paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 675
Page 3 of 3
EXHIBIT A
Chapter 1 – GENERAL PROVISIONS
Sec.1-2 – Definitions and rules of construction.
(All definitions preceding and following the term “Masonry” are to remain unchanged.)
Masonry construction. The words “masonry construction” include exterior walls constructed
of brick, stone, cast stone, concrete, glass block or other approved masonry materials and
shall be constructed in accordance with the Westlake Building Code.
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Manager’s Office Meeting Date: February 27, 2012
Staff Contact: Amanda DeGan Consent
Assistant to the Town Manager
Municipal Court Director
Subject: Consider approval of an Ordinance Reappointing the Presiding Judge and the
Alternate Judge for the Westlake Municipal Court of Record No. 1.
EXECUTIVE SUMMARY
In keeping with the requirements of Ordinance No. 401 establishing the Municipal Court for the
Town of Westlake, the presiding and alternate judicial positions require reappointment on a
biennial basis.
The Court has been very fortunate to have two outstanding individuals fill these positions, each
with a long history of public service to local governments. Brad Bradley is the current presiding
judge and has served as either presiding or alternate judge for many of our surrounding
communities. Eric Ransleben is the alternate judge and has served as a prosecutor and alternate
judge for many local jurisdictions as well. The proposed ordinance recommends the
reappointment of both of these individuals.
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
Approval of the re-appointment Ordinance.
ATTACHMENTS
Ordinance
Ordinance 676
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 676
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING THE
PRESIDING JUDGE AND THE ALTERNATE PRESIDING JUDGE FOR THE
MUNICIPAL COURT OF RECORD NO. 1 FOR A TWO (2) YEAR TERM IN THE
TOWN OF WESTLAKE; PROVING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake Board of Aldermen established the Municipal Court
of Record No. 1 and must provide for the appointment of a Presiding Judge and an Alternate
Judge; and
WHEREAS, Ordinance No. 401 also sets forth certain duties and qualifications for each
of the Appointees.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council hereby appoints the following individuals to the
Municipal Court of Record No. 1 in the capacity set forth below:
Presiding Judge Brad Bradley
Alternate Judge Eric G. Ransleben
These appointments are made subject to and are governed by the provisions of Ordinance
No. 401, and in accordance with State law.
SECTION 2: That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance.
SECTION 3: If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of the Ordinance, and the Town Council hereby declares it would have
passed such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 4: All other Ordinances in effect and not in conflict with this Ordinance shall
remain in full force and effect.
Ordinance 676
Page 2 of 2
SECTION 5: The Town Secretary of the Town of Westlake is hereby directed to
engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Westlake and by filing this Ordinance in the
Ordinance records of the Town.
SECTION 6: This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED ON THIS 27nd DAY OF FEBRUARY, 2012.
__________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Public Works Department Meeting Date: February 27, 2012
Staff Contact: Jarrod Greenwood Consent
Public Works Director
Subject: Consider a Resolution authorizing the Town Manager to execute a contract with
Peachtree Construction for Stagecoach Hills and Roanoke Road paving and
drainage improvements related to the adopted Capital Improvement Plan.
EXECUTIVE SUMMARY
The adopted 5 year Capital Improvement Plan includes several street and drainage construction
projects. The proposed contract with Peachtree Construction in the amount of $486,641.26 will
provide street and drainage reconstruction projects identified below:
• Stagecoach Hills - 8” stabilized subgrade with 4” asphalt pavement, re-grading of bar
ditches, and replacement of drainage culverts as needed.
• Roanoke Road (north of SH 170) - 8” stabilized subgrade with 4” asphalt pavement, re-
grading of bar ditches, and replacement of the existing metal culvert pipe and widen the
roadway at the creek to provide a safer road.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
FISCAL IMPACT
Funded Not Funded N/A
Funding for the proposed capital projects is included in the FY 11/12 adopted budget. These
projects are within funds budgeted in the Town Council’s Approved Five (5) Year Capital
Improvement Plan.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Staff recommends approval.
ATTACHMENTS
Bid Tab
Page 2 of 2
Resolution with contractor documents
Attachment “A”- 2012 CIP Paving Contract (will execute documents upon approval)
Page 1
Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
1.Demolition of existing pavement and mixing with cement for a subgrade to provide an 8"
thick stabilized road base on Stagecoach Development Roads which shall include all
labor, materials and equipment,complete and in place for; 11,617 S.Y.$3.80 $44,144.60 $5.70 $66,216.90 $5.25 $60,989.25 $7.25 $84,223.25 $3.00 $34,851.00
2.Cement for stabilization (40 lb/SY) on Stagecoach Development Roads which shall
include furnish and installation, complete in-place for;233.5 TN.$115.00 $26,852.50 $90.00 $21,015.00 $110.00 $25,685.00 $115.00 $26,852.50 $125.00 $29,187.50
3.Furnish and installation of 4" HMAC Type "D" surface course (not including driveways)
on Stagecoach Development Roads, complete in-place for;10,805 S.Y.$14.60 $157,753.00 $16.09 $173,852.45 $18.00 $194,490.00 $15.50 $167,477.50 $19.80 $213,939.00
4.Unclassified Excavation and Re-grading along Stagecoach Development Roads,
complete in-place for;121 C.Y.$16.00 $1,936.00 $25.00 $3,025.00 $35.00 $4,235.00 $42.00 $5,082.00 $62.00 $7,502.00
5.Clean out existing driveway culverts along Stagecoach Development Roads,
complete in place for;28 Ea.$110.00 $3,080.00 $100.00 $2,800.00 $95.00 $2,660.00 $265.00 $7,420.00 $320.00 $8,960.00
6.Remove and replace existing driveway approaches along Stagecoach Development
Roads, complete in-place for;22 Ea.$160.00 $3,520.00 $682.00 $15,004.00 $1,100.00 $24,200.00 $1,450.00 $31,900.00 $1,200.00 $26,400.00
7.Topsoil roadway edge dressing for Stagecoach Development Roads, complete in-
place for;7,782 S.Y.$6.50 $50,583.00 $3.00 $23,346.00 $5.50 $42,801.00 $1.80 $14,007.60 $7.00 $54,474.00
8.Seasonal Hydromulch Seeding along Stagecoach Development Roads, complete in-
place for;7,782 S.Y.$0.53 $4,124.46 $1.71 $13,307.22 $0.50 $3,891.00 $0.80 $6,225.60 $0.30 $2,334.60
9.Truck watering to establish vegetation / growth of seed/sod along Stagecoach
Development Roads, complete for;2 Wk.$2,700.00 $5,400.00 $1,500.00 $3,000.00 $2,500.00 $5,000.00 $3,300.00 $6,600.00 $2,300.00 $4,600.00
10.Silt fence along Stagecoach Development Roads, complete in-place for;685 L.F.$2.50 $1,712.50 $1.50 $1,027.50 $2.50 $1,712.50 $1.30 $890.50 $1.40 $959.00
11.Provide inlet protection along Stagecoach Development Roads, complete in-place
5 Ea.$220.00 $1,100.00 $100.00 $500.00 $225.00 $1,125.00 $60.00 $300.00 $75.00 $375.00
12.Provide Excelsior wattles or approved equal, along Stagecoach Development Roads,
complete in-place 55 Ea.$100.00 $5,500.00 $150.00 $8,250.00 $100.00 $5,500.00 $27.00 $1,485.00 $110.00 $6,050.00
13.Rock check dams for Stagecoach Development Roads, complete in-place for;3 EA.$750.00 $2,250.00 $300.00 $900.00 $300.00 $900.00 $265.00 $795.00 $460.00 $1,380.00
14.Removal of 30" RCP, complete for Stagecoach Development Roads, in-place for;
104 L.F.$31.00 $3,224.00 $5.00 $520.00 $21.00 $2,184.00 $16.00 $1,664.00 $11.00 $1,144.00
15.Install 30" Class IV RCP, including trenching, bedding, and beckfill, complete for
Stagecoach Development Roads 104 L.F.$110.00 $11,440.00 $88.27 $9,180.08 $130.00 $13,520.00 $90.00 $9,360.00 $100.00 $10,400.00
16.Install 18" Class III RCP, including trenching, bedding and backfill, complete for
Stagecoach Development Roads, complete in-place for;238 L.F.$48.00 $11,424.00 $60.00 $14,280.00 $55.00 $13,090.00 $56.00 $13,328.00 $47.00 $11,186.00
17.Install Concrete Headwall w/Flared Wings for 18" Class III RCP, complete for
Stagecoach Development Roads, complete in-place for;2 Ea.$1,600.00 $3,200.00 $1,800.00 $3,600.00 $2,200.00 $4,400.00 $1,900.00 $3,800.00 $1,400.00 $2,800.00
18.Install 3' wide, 6" thick, Concrete Flume complete for Stagecoach Development
Roads, complete in-place for;115 L.F.$27.00 $3,105.00 $15.00 $1,725.00 $30.00 $3,450.00 $23.00 $2,645.00 $17.00 $1,955.00
19.Install 24" wide White Traffic Stripe (including Beads) complete for Stagecoach
Development Roads, complete in-place for;105 L.F.$14.00 $1,470.00 $30.00 $3,150.00 $10.00 $1,050.00 $16.00 $1,680.00 $17.00 $1,785.00
20.Traffic Control for Stagecoach Development Roads, complete in-place for;1 L.S.$2,200.00 $2,200.00 $7,500.00 $7,500.00 $2,000.00 $2,000.00 $4,500.00 $4,500.00 $5,500.00 $5,500.00
21.CIP Project sign (4' X 8') for Stagecoach Development Roads (Refer to detail),
furnished and installed, complete in-place for;1 EA.$400.00 $400.00 $400.00 $400.00 $450.00 $450.00 $385.00 $385.00 $850.00 $850.00
$344,419.06 $372,599.15 $413,332.75 $390,620.95 $426,632.10
CONTRACTOR'S AMOUNT
Item
No.
Town of Westlake
Base Project #1 - Stagecoach Development Roads (Stagecoach Circle, Thornton Drive, Janet Court and Steve Court)
2012 CIP Paving Project
BID TABULATION
C.E. Cook and Sons The Lane Construction
Description Qty.Unit
2L Construction
Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170
Bids Opened February 16, 2012 at 11:00 a.m.
Peachtree Const.
Subtotal for Base Project #1
$426,632.10
JAGOE-Public Co.
Note: The yellow highlighted areas are where the contractor had an error.
$344,419.06 $372,599.15 $413,332.75 $391,034.20
Page 2
Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
22.Demolition of existing pavement and mixing with cement for a subgrade to provide an 8"
thick stabilized road base on Roanoke Road N. which shall include all labor, matrials
and equipment, complete in-place for;1,980 S.Y.$6.30 $12,474.00 $5.70 $11,286.00 $8.25 $16,335.00 $7.50 $14,850.00 $3.00 $5,940.00
23.Cement for stabilization (40lb/SY) on Roanoke Rd N. which shall include furnish and
installation , complete and in-place for;39.7 TN.$115.00 $4,565.50 $90.00 $3,573.00 $110.00 $4,367.00 $115.00 $4,565.50 $125.00 $4,962.50
24.Furnish and installation of 5" HMAC (3" HMAC Type "B" and 2" Type "D" surface
course) on Roanoke Road N. complete and in-place for;1,825 S.Y.$18.50 $33,762.50 $21.43 $39,109.75 $22.00 $40,150.00 $24.00 $43,800.00 $26.00 $47,450.00
25.Unclassified Excavation and Re-grading along Roanoke Road N., Complete and in-
place for; 422 C.Y.$41.00 $17,302.00 $25.00 $10,550.00 $15.00 $6,330.00 $25.00 $10,550.00 $20.00 $8,440.00
26.Clean out existing driveway culverts along Roanoke Road N., complete and in-place
for;3 Ea $110.00 $330.00 $100.00 $300.00 $115.00 $345.00 $265.00 $795.00 $320.00 $960.00
27.Remove and replace existing driveway approaches along Roanoke Road. N., complete
in-place for;3 Ea $160.00 $480.00 $750.00 $2,250.00 $250.00 $750.00 $2,000.00 $6,000.00 $940.00 $2,820.00
28.Topsoil roadway edge dressing for Roanoke Road N., complete in-place for;1,940 S.Y.$6.50 $12,610.00 $3.00 $5,820.00 $5.50 $10,670.00 $2.50 $4,850.00 $7.00 $13,580.00
29.Seasonal Hydromulch seeding along Roanoke Road N., complete in-place for;1,940 S.Y.$0.53 $1,028.20 $2.06 $3,996.40 $0.50 $970.00 $0.80 $1,552.00 $0.30 $582.00
30.Truck watering to establish vegetation/ growth of seed/sod along Roanoke Road N.,
complete for;2 Wk $2,700.00 $5,400.00 $1,000.00 $2,000.00 $2,500.00 $5,000.00 $3,300.00 $6,600.00 $2,300.00 $4,600.00
31.Silt fence along Roanoke Road N., complete in-place for;1,500 L.F.$2.50 $3,750.00 $1.50 $2,250.00 $2.50 $3,750.00 $1.30 $1,950.00 $1.40 $2,100.00
32.Stone Outlet Sediment Trap for Roanoke Road N., complete in-place for;6 Ea $320.00 $1,920.00 $300.00 $1,800.00 $35.00 $210.00 $132.00 $792.00 $145.00 $870.00
33.Provide Excelsior wattles or approved equal, along Roanoke Road N., complete in-
place 8 Ea $100.00 $800.00 $150.00 $1,200.00 $100.00 $800.00 $27.00 $216.00 $110.00 $880.00
34.Install Double 4'x4' Reinforced Box Culvert w/headwalls, including trenching, bedding
and backfill, complete for Roanoke Road N., complete in-place for;36 L.F.$900.00 $32,400.00 $942.00 $33,912.00 $1,250.00 $45,000.00 $1,050.00 $37,800.00 $411.00 $14,796.00
35.Traffic Control for Roanoke Road N., complete in-place for;1 L.S.$3,000.00 $3,000.00 $7,000.00 $7,000.00 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $5,500.00 $5,500.00
36.CIP Project sign (4'x8') for Roanoke Road N., (Refer to detail), furnished and installed,
complete in-place for;1 Ea $400.00 $400.00 $400.00 $400.00 $450.00 $450.00 $385.00 $385.00 $850.00 $850.00
$130,222.20 $125,447.15 $138,627.00 $139,205.50 $114,330.50
CONTRACTOR'S AMOUNT
BID TABULATION
Base Project #2 - Roanoke Road N. of S.H. 170
Item
No.Description Qty.Unit
Peachtree Const.
$125,447.78 $138,627.00 $139,205.50 $114,330.50
JAGOE-Public Co.
Note: The yellow highlighted areas are where the contractor had an error.
$130,222.20
Town of Westlake
2012 CIP Paving Project
Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170
Bids Opened February 16, 2012 at 11:00 a.m.
C.E. Cook and Sons The Lane Construction 2L Construction
Subtotal for Base Project #2
Page 3
Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
37.Preparation and Implementation of a Storm Water Pollution Prevention Plan, including
inspections, complete in-place for;1 L.S.$3,000.00 $3,000.00 $1,000.00 $1,000.00 $750.00 $750.00 $660.00 $660.00 $1,200.00 $1,200.00
38.Payment and Perfomance Bond, complete for;1 L.S.$6,000.00 $6,000.00 $6,000.00 $6,000.00 $3,500.00 $3,500.00 $6,600.00 $6,600.00 $10,000.00 $10,000.00
39.2-year 20% Maintenance Bond, complete for;1 L.S.$3,000.00 $3,000.00 $1,500.00 $1,500.00 $175.00 $175.00 $2,290.00 $2,290.00 $1,000.00 $1,000.00
$12,000.00 $8,500.00 $4,425.00 $9,550.00 $12,200.00
CONTRACTOR'S AMOUNT
$506,546.30$486,641.26Total Base Project Cost $553,162.60
Unit
Peachtree Const.C.E. Cook and Sons The Lane Construction 2L Construction
$556,384.75
Subtotal for Miscellaneous Items
Miscellaneous Items
$556,384.75 $539,789.70 $553,162.60
BID TABULATION
Town of Westlake
JAGOE-Public Co.
$539,376.45
Note: The yellow highlighted areas are where the contractor had an error.$486,641.26 $506,546.93
2012 CIP Paving Project
Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170
Bids Opened February 16, 2012 at 11:00 a.m.
Item
No.Description Qty.
Page 4
Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
A1.
Demolition of existing pavement and mixing with cement for a subgrade to provide an 8"
thick stabilized road base on Roanoke Road N. which shall include all labor, materials
and equipment, complete in-place 1,065 S.Y.$6.10 $6,496.50 $4.55 $4,845.75 $6.50 $6,922.50 $11.00 $11,715.00 $3.00 $3,195.00
A2.
Cement for stabilization (40 lb/SY) on Roanoke Road N. which shall include furnish and
installation, complete in-place 21.3 TN.$110.00 $2,343.00 $90.00 $1,917.00 $110.00 $2,343.00 $115.00 $2,449.50 $125.00 $2,662.50
A3.
Furnish and installation of 5" HMAC (3" HMAC Type "B" and 2" Type "D" surface
course) on Roanoke Road N., complete in-place 990 S.Y.$17.50 $17,325.00 $21.43 $21,215.70 $18.00 $17,820.00 $24.00 $23,760.00 $24.15 $23,908.50
A4.Unclassified Excavation and Re-grading along Roanoke Road N., complete in-place 310 C.Y.$30.00 $9,300.00 $25.00 $7,750.00 $9.00 $2,790.00 $29.00 $8,990.00 $20.00 $6,200.00
A5.Clean out existing driveway culverts along Roanoke Road N., complete in-place 1 EA.$105.00 $105.00 $100.00 $100.00 $100.00 $100.00 $265.00 $265.00 $320.00 $320.00
A6.
Remove and replace existing driveway approaches along Roanoke Road N., complete
in-place 1 EA.$160.00 $160.00 $750.00 $750.00 $200.00 $200.00 $3,200.00 $3,200.00 $5,500.00 $5,500.00
A7.Topsoil roadway edge dressing for Roanoke Road N., complete in-place 1,050 S.Y.$6.50 $6,825.00 $3.00 $3,150.00 $5.50 $5,775.00 $4.00 $4,200.00 $7.00 $7,350.00
A8.Seasonal Hydromulch Seeding along Roanoke Road N., complete in-place 1,050 S.Y.$0.53 $556.50 $2.06 $2,163.00 $0.50 $525.00 $0.80 $840.00 $0.30 $315.00
A9.
Truck watering to establish vegetation/growth of seed/sod along Roanoke Road N.,
complete 2 Wk.$2,700.00 $5,400.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $3,300.00 $6,600.00 $2,300.00 $4,600.00
A10.Silt fence along Roanoke Road N., complete in-place 1,000 L.F.$2.30 $2,300.00 $1.50 $1,500.00 $2.50 $2,500.00 $1.50 $1,500.00 $1.40 $1,400.00
A11.Stone outlet sediment trap for Roanoke Road N., complete in-place 2 EA.$330.00 $660.00 $300.00 $600.00 $35.00 $70.00 $132.00 $264.00 $145.00 $290.00
A12.
Provide Excelsior wattles or approved equal, along Roanoke Road N., complete in-
place 6 EA.$100.00 $600.00 $150.00 $900.00 $100.00 $600.00 $27.00 $162.00 $110.00 $660.00
A13.Curb inlet protection for Roanoke Road N., complete in-place 2 EA.$225.00 $450.00 $100.00 $200.00 $225.00 $450.00 $60.00 $120.00 $75.00 $150.00
$52,521.00 $47,091.45 $42,095.50 $64,065.50 $56,551.00
CONTRACTOR'S AMOUNT
The Lane Construction 2L ConstructionItem
No.Description Qty.Unit
Peachtree Const.C.E. Cook and Sons
Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170
Bids Opened February 16, 2012 at 11:00 a.m.
Alternate #1 Subtotal for Base Project #1
Alternate No. 1
$56,551.00
Note: The yellow highlighted areas are where the contractor had an error.
$52,521.00 $42,095.00 $64,065.50$47,091.45
JAGOE-Public Co.
Town of Westlake
2012 CIP Paving Project
BID TABULATION
Page 5
Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach
Yes Yes Yes Yes Yes
CONTRACTOR'S AMOUNT
Total Alternate No. 1 Project Cost $52,521.00 $47,091.45 $42,095.50 $56,551.00
2012 CIP Paving Project
Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170
Y/N
$609,713.60
$598,480.25 $609,713.60$539,162.26
$539,162.26
$556,384.75$486,641.26 $506,546.30
$553,638.38 $598,480.25 $603,855.20
Total Base Project & Alternate No. 1 Project Cost $553,637.75
Note: The yellow highlighted areas are where the contractor had an error.
$553,162.60
BID TABULATION
Town of Westlake
Bids Opened February 16, 2012 at 11:00 a.m.
$539,376.45
$64,065.50
SUMMARY PAGE
Total Base Project Cost
Bid Bond Received
$603,441.95
Resolution 12-07
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 12-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
WITH PEACHTREE CONSTRUCTION FOR STAGECOACH HILLS AND ROANOKE
ROAD PAVING AND DRAINAGE CONSTRUCTION RELATED TO THE ADOPTED
CAPITAL IMPROVEMENT PLAN.
WHEREAS, Westlake desires to provide residents and commuters with safe streets
adequate drainage; and
WHEREAS, the Town Council finds that the proposed construction provides 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: The Town Council of the Town of Westlake hereby approves the contract
with Peachtree Construction in the amount of $486,641.26, for the paving and drainage
improvements, attached as Exhibit “A”, and further authorizes the Town Manager to execute the
agreement on behalf of the Town of Westlake, Texas.
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 12-07
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 3
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 27, 2012
Staff Contact: Tom Brymer, Town Manager Discussion
Subject: Consideration of a Resolution Approving an Economic Development
Agreement Between the Town of Westlake and the Marriott Solana Hotel and a
Budget Amendment to Fund Said Agreement.
EXECUTIVE SUMMARY
This proposed twelve (12) month economic development grant agreement is in the amount of
$110,000. The total amount is $20,000 higher than the 10-11 agreement, however, its contract
terms are largely the same as the grant agreement approved last year by the Town Council
(which is about to expire). If approved, this would be the third consecutive year that the Town
has partnered with the Marriott Solana Hotel via a two (2) component economic development
agreement (prior to 3 years ago, the Town participated in only the Hotel’s shuttle bus system
costs).
There are two (2) components to this proposed economic development grant that would disburse
hotel/motel occupancy tax funds from the Town to the Marriott Solana. They are:
• Shuttle Bus Transportation Cost Participation. An amount of $70,000 is proposed for
the Town’s participation in a portion of the operating cost of Marriott providing shuttle
bus service to its guests. Marriott Solana management has shared with Council in
previous meetings the importance this shuttle bus service has to this property maintaining
its competitive position in the local market, particularly competing with the Hilton at
Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana
management has emphasized repeatedly to Council that this shuttle bus service is
essential for this property to succeed; both in terms of keeping its existing business
bookings and in terms of growing its income stream by marketing to new businesses. In
addition to providing shuttle services to and from DFW airport for Marriott Solana
guests, this bus service also provides hotel guests with transportation to area
shopping/entert ainment venues (Southlake Town Center) and corporate training centers.
According to the Marriott Solana’s manager, this shuttle bus service has a total annual
operating cost of approximately $443,602. This portion of the grant amount of has been
increased by $10,000 from the previous grant amount of $60,000 due to increased
operating costs.
• Group Business Incentive Program. An amount of $40,000 is proposed for what would
be the third year of this program, which is $10,000 more than the 11-12 agreement.
Town Staff worked with the Marriott Solana Hotel manager on this economic
development agreement modeled after a similar successful program in the Town of
Addison, Texas. This program allows the Marriott Solana to discount their room rates
and/or services in order to generate new group business and/or, under certain
circumstances, maintain existing group business (see Exhibit C to the grant agreement
Page 2 of 3
below for details. Unlike the previous two agreements with the Marriott Solana, this one
would create a two-tiered approach to the group booking incentive with the following
program minimums and incentives:
o Proposed group business shall book a minimum of $30,000 in room revenue
per program to be considered eligible for $5,000 in group incentive funds. (FY
11-12 Budget of $30,000).
o Proposed group business shall book a minimum of $15,000 in room revenue
per program to be considered eligible for $2,500 in group incentive funds. (FY
11-12 Budget of $10,000).
The Town Council adopted an economic development policy in 2006 (Resolution 06-19). This
proposed agreement comports to that policy. Further, this economic development agreement fits
with the Town’s Adopted Strategic Plan Vision Points (see below).
This proposed grant agreement would be a reinvestment in t he tourist sector of the Town’s
economic development efforts (an allowed use under State law for these hotel occupancy tax
funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still
very competitive hotel market. This proposed agreement continues the requirement for
performance measures to be included in required quarterly reports submitted by the Marriott
Solana to the Town. These reports will be important for evaluating the success and impact of
this economic development grant on: 1.) maintaining this important Town revenue stream and 2.)
growing this revenue stream in a challenging and highly competitive economic environment.
In is important to recognize that, under State law, this is a grant of public dollars for economic
development purposes. As such, this agreement also includes “claw back” provisions that,
should the Town determine that the Marriott has not spent these grant funds for their intended
purpose, the Town can require that those funds be repaid with interest. Additionally, if it is
determined that the group business program is not achieving its objective, the Staff will notify
both the hotel’s management and the Council to take steps to address its performance or
recommend the program not be renewed upon expiration of the grant agreement , although this
has not been the case to date.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
• This agreement moves the Town toward its Strategic Plan Vision Point of Service
Excellence.
• In the Strategic Issues format of our Strategic Plan, this agreement with the Marriott
Solana meshes with the Strategic Issue of Financial Stewardship and Organizational
Effectiveness.
• One of the Staff Actions under this Strategic issue is to maximize service provision
seeking partnerships in a number of areas, including economic development. This
Page 3 of 3
agreement helps build such a partnership.
• This agreement also fits within the Town’s Strategy Map under Financial Stewardship
measured by the Strategic Outcome of Sustain Fiscal Health.
FISCAL IMPACT
Funded Not Funded N/A
Note: If the attached resolution is adopted, the FY 11-12 Visitors Fund Budget would be
amended by $20,000 so that this grant agreement is fully funded at $110,000 (i.e. funds for
this Agreement were budgeted at the $90,000 level in the Town Council Approved ’11-12
Visitors Fund Budget). Funds are available in that Fund to cover this $110,000 economic
development agreement with the Marriott Solana.
The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 11-
12 Budget contains an estimate that the Town will receive $535,000 in the current fiscal year in
the Visitors Association Fund. This represents 5.8% of the total Town municipal revenue stream
and is derived totally from the Town’s only hotel, the Marrio tt Solana. For that reason, it is
important for the Town to take a strategic approach in maintaining and possibly growing this
funding stream.
In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs
including funding costs related to special events such as Arbor Day, Decoration Day, as well as
the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader
statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for
any municipal purpose, the Town has used these funds to cover costs of various municipal
operational costs and capital projects (an example would be payment of a portion of the debt
service for Westlake Academy related bonds).
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Recommend adoption of the resolution approving this economic development grant agreement as
it comports to our Strategic Plan and our Town Council adopted Economic Development
Policies.
ATTACHMENTS
1. Resolution Approving this Economic Development Grant Agreement between the Town and
the Marriott Solana as well as said Economic Development Agreement between the Town of
Westlake and the Marriott Solana.
Resolution 12-08
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 12-08
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH
THE MARRIOTT SOLANA AND A FY 11-12 BUDGET AMENDMENT TO
FUND SAME.
WHEREAS, the Westlake Town Council, in its current Strategic Plan, has
identified “Service Excellence” as a Vision Point for that Strategic Plan as well as
Financial Stewardship as a Strategic Issue that must be addressed to move the Town
towards this Vision Point; and,
WHEREAS, the Town of Westlake sales and use taxes are an important revenue
source to support its general operations; and,
WHEREAS, the Town Council desires to have new and existing businesses that
maintain and grow their sales and use tax streams, which in turn, enhances the Town’s
financial position and sustainability per its Strategic Plan; and
WHEREAS, the Town Council acknowledges t hat the Town’s Visitors
Association Fund is a key component of its financial structure and that an economic
development grant to the Marriot t Solana Hotel will help solidify and maintain that
structure; and,
WHEREAS, Town has an economic development policy adopted by Resolution
06-19 and that this proposed economic development agreement with the Marriott Solana
meets those policy guidelines and meets the requirements of State law for municipalities
to grant 380 economic development grants to businesses located in their boundaries; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the
best interest of the citize ns of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to
be true and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2. THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Economic Development Grant Agreement with the Marriott Solana attached
hereto as Exhibit “A” as well as approves a budget amendment to the Town’s FY 11-12
Visitors Association Fund by increasing expenditures for this program by $20,000; and
further authorizes the Town Manager to execute said agreement on behalf of the Town of
Westlake.
Resolution 12-08
Page 2 of 2
PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY, 2012.
_____________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
Page 1 of 11
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
(“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS
(the “Town”), a Type-A general law municipal corporation organized under the laws of
the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A
DALLAS/FT.WORTH MARRIOTT SOLANA, (“Marriott:), a Hotel. The Town
and Marriott are collectively referred to as the “Parties”.
RECITALS
The Town and Marriott hereby agree that the following statements are true and
correct and constitute the basis upon which the Town and Marriott have entered into this
Agreement:
A. Marrio tt owns and operates a 294 (288 plus 6 suites) room, full-service
hotel located at 5 Village Circle, Westlake, Texas,(the “Hotel”) The Hotel provides a
valuable catalyst for visitors, tourism, and economic development to the Town.
B. In order to increase visitors and tourism, and to maximize the economic
benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into
this Agreement.
C. In accordance with Resolution No. 06-19, adopted by the Town Council
on May 8, 2006, attached hereto as Exhibit “A” and hereby made a part of this
Agreement for all purposes, the Town has established an economic development
incentive policy and program pursuant to which the Town will, on a case-by-case basis,
offer economic incentive packages authorized by Chapter 380 of the Texas Local
Government Code, Article III, Section 52-a of the Texas Constitution, and other
applicable laws, that include monetary loans and grants of public money, as well as the
provision of personnel and services of the Town, to businesses and entities that the Town
Council determines will promote State or local economic development and stimulate
business and commercial activity in the Town in return for verifiable commitments from
such businesses or entities to cause specific infrastructure, employment and other public
benefits to be made or invested in the Town (the “380 Program”).
D. The Town Council has determined that by entering into this Agreement,
the potential increase of visitors and tourism and economic benefits that will accrue to the
Town under the terms and conditions of this Agreement are consistent with the Town’s
economic development objectives and the 380 Program and will further t he goals for
positive economic growth, visitors and tourism in the Town. This Agreement is
authorized by Chapter 380 of the Texas Local Government Code and the 380 Program.
Page 2 of 11
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS.
The Town Council has found at a duly-called and legally-noticed public meeting
through the adoption of Town Resolution No. 12-, attached hereto as Exhibit “B” and
hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby
agree, that the recitals set forth above are incorporated herein and true and correct and
form the basis upon which the Parties have entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms
shall have the definitions ascribed to them as follows:
380 Program has the meaning ascribed to it in Recital C.
Affiliate means all entities, incorporated or otherwise, under common control
with, controlled by or controlling Marriott . For purposes of this definition, “control”
means fifty percent (50%) or more of the ownership determined by either value or vote.
Program Grants means the annual allowable economic development grants paid
(whether in one or multiple installments) by the Town to Marriott in accordance with this
Agreement and as part of the 380 Program.
Program Source Funds means an amount of Town funds legally available for
inclusio n in a Program Grant that is payable to Marriott in a given Program Year, which
shall be derived from hotel occupancy taxes generated by the Hotel and received by the
Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of
the Town.
Program Year means the Town’s fiscal year (i.e. October 1 through September
30th) in which the Town is obligated pursuant to this Agreement to pay Marriott a
Program Grant, beginning with the first full calendar year following the execution of this
Agreement.
Quarterly Report has the meaning ascribed to it in Section 4.2.
Records have the meaning ascribed to it in Section 4.3.
Term has the meaning ascribed to it in Section 3.
Page 3 of 11
Town of Westlake Hotel Support Program has the meaning ascribed to it in
Section 4.1.
3. TERM.
This Agreement shall be effective as of the date of execution by the Parties (the
“Effective Date”) and, unless terminated earlier in accordance with this Agreement, shall
expire one (1) year from the Execution Date.
4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS.
4.1. Town of Westlake Hotel Support Program
The total amount to be granted by the Town to Marriott under the terms of
this Agreement for the Town of Westlake Hotel Support Program shall not
exceed $110,000 wit h said Town of Westlake Hotel Support Program,
consisting of the following two (2) components:
(a.) Group Booking Incentives, the requirements for which are attached
hereto as Exhibit “C” and hereby made a part of this Agreement for all
purposes (the “Hotel Support Agreement”) and details the obligations of
Marriott to receive, and the Town to grant, the Program Grants from the
Program Source Funds during the Program Year related to group bookings
at the Hotel. The purpose of this component of the Town’s Hotel Support
Program shall be to increase new group bookings for the Hotel and to not
incur a decrease in overall group meeting business (i.e. all group bookings
at the Hotel both of new group business and repeat group business), thus
increasing economic development through tourism and business
development activity in the Town. The Group Booking Incentives
provided by the Town under this Agreement to the Hotel shall not exceed
$40,000 during the term of this Agreement.
(b.) Transportation Costs, for which a total sum of $70,000 shall be
provided by the Town under this Agreement to cover a portion of the
operating cost for bus transportation services provided by the Marriott for
guests of the Hotel. Funds disbursed by the Town under this component
of the Town’s Hotel Support Program shall be made at the end of each
Town fiscal year quarter following submission by Marriott , and
acceptance by the Town, of the Quarterly Report for the preceding quarter.
The purpose of this component of the Town’s Hotel Support Program is to
enhance the Marriott’s ability to increase room nights and retain existing
room nights at the Hotel (as reported in Section 4.2 below), thus
increasing economic development through tourism and business
development activity in the Town. At all times during the term, the name
Page 4 of 11
“Westlake, Texas” shall be visibly reflected and marked on both sides of
any shuttle buses or vehicles used by the Hotel.
4.2. Reports and Filings.
On a quarterly basis during the Term, Marriott shall submit a wr itten
report to the Town specifically delineating its compliance with this
Agreement (the “Quarterly Report”). The Quarterly Report shall be
received by the Town Manager no later than thirty (30) days from the end
of each quarter. Said Quarterly Report will contain, as a minimum, the
following performance measure information for the reporting period in
order for the Town to measure the effectiveness of its investment in this
grant of public funds to Marriott for this Hotel:
• Total funds paid to date aggregate under this Agreement during the
contract term to Marriott for both components (shuttle bus and
group incentives) of the Town’s Hotel Support Program described
in Section 4.1 of this Agreement
• Total funds spent to date by Marriott separated by component for
the activities and purposes set out in Section 4.1(a) and 4.1(b) of
this Agreement
• Increases in average daily occupancy at the Hotel
• Decreases in average daily occupancy at the Hotel
• Number of room nights generated by new group bookings at the
Hotel
• Number of room nights generated by repeat group business
bookings at the Hotel
• Average number of bus transportation trips daily to DFW Airport
for guests at the Hotel
• Average number of bus transportation trips daily to off-premise
meeting locations for guests at the Hotel
• Average number of bus transportation trips daily to other off-
premise locations (entertainment, shopping, etc) for guests at the
Hotel
• Operating costs incurred by the Hotel during the quarter for shuttle
bus transportation services
• The nu mber of new group bookings made for the Hotel during the
reporting period and the number of repeat group business bookings
made for the Hotel during the reporting period.
• A brief description of marketing/sales efforts made during the
reporting period for t he Hotel including:
the number and type of new group sales prospects
identified, targeted, and group sales closed by Marriott
sales staff during the reporting period
the number and type of new group sales made by contacts
from outside the Hotel Marriott
Page 5 of 11
4.3. Audits.
Per the requirements of State law and the Town ordinance establishing the
Town’s hotel-motel occupancy tax, the Town will have the right throughout the
Term to audit any and all financial and business records of Marriott that relate to
the performance of this Agreement and any other documents necessary to
evaluate Marriott ’s compliance with this Agreement or with the goals set forth in
this Agreement, including, but not limited to construction documents and invoices
(collectively “Records”). Marriott shall make all Records available to the Town
at the Hotel or at another location in the Town acceptable to both parties
following reasonable advance notice by the Town and shall otherwise cooperate
fully with the Town during any audit.
5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
5.1. Continuous Operation. Following the Completion Date, if Marriott fails
to continuously operate a full-service hotel at 5 Village Circle, Westlake, Texas,
76262, the Town shall have the right to terminate this Agreement by providing
written notice to Marriott without further obligation to Marriott hereunder.
5.2. Failure to Pay Town Taxes or Fees.
An event of default shall occur under this Agreement if any legally-
imposed Town taxes or fees owed on, or generated by, the hotel become
delinquent and Marriott or the Affiliate does not either pay such taxes or follow
the legal procedures for protest and/or contest of any such taxes. In this event, the
Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar
days to cure such default. If the default has not been fully cured by such time, the
Town shall have the right to terminate this Agreement immediately by providing
written notice to Marriott and shall have all other rights and remedies that may be
available to it under the law or in equity.
5.3 Violations of Town Code, State or Federal Law.
An event of default shall occur under this Agreement if any written
citation is issued to Marriott or an Affiliate due to the occurrence of a violation of
a material provision of the Town Code at the Hotel (including, without limitation,
any violation of the Town’s Building or Fire Codes and any other Town Code
violations related to the environmental condition of the Hotel; or to matters
concerning the public health, safety or welfare) and such citation is not paid or the
recipient of such citation does not properly follow the legal procedures for protest
and/or contest of any such citation. An event of default shall occur under this
Agreement if the Town is notified by a governmental agency or unit with
appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest
Page 6 of 11
thereto, any third party with access to the Hotel pursuant to the express or implied
permission of Marriott or an Affiliate, or any a successor in interest thereto, is in
violation of any material state or federal law, rule or regulation on account of the
Hotel, improvements on the Hotel or any operations thereon (including, without
limitation, any violations related to the environmental condition of the Hotel; the
environmental condition other land or waters which is attributable to operations
on the Hotel; or to matters concerning the public health, safety or welfare). Upon
the occurrence of such default, the Town shall notify Marriott in writing and
Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if
Marriott has diligently pursued cure of the default but such default is not
reasonably curable within thirty (30) calendar days, then such amount of time that
the Town reasonably agrees is necessary to cure such default. If the default has
not been fully cured by such time, the Town shall have the right to terminate this
Agreement immediately by providing written notice to Marriott and shall have all
other rights and remedies that may be available to under the law or in equity.
5.4. Unauthorized Use of Funds and Requirement for Repayment to Town.
If, during an audit by the Town under the provisions of this Agreement , the Town
determines that the proceeds of this grant have not been utilized by Marriott for
the purposes outlined in this Agreement, Marriott will be given thirty (30)
calendar days to cure (following written notice from the Town) and, if Marriott
fails to cure per the written notice from the Town, Marriott shall immediately
remit to the Town the entire amount under this Agreement paid by the Town to
Marriott during the reporting period during which the Town has identified that
Marriott was not in compliance with the terms of this Agreement. If said amount
is not remitted to the Town within 30 calendar days from the end of the cure
period, that amount demanded for repayment to the Town plus six (6) percent
simple interest on the repayment amount shall be due, in full, to the Town. For
the purposes of this Section, Simple Interest” is defined as a rate of interest
applied to the aggregate amount of the Program Grants paid by the Town to
Marriott during the reporting period in which Marriott was in violation of this
Agreement.
5.5. Failure to Submit Reports.
Without limiting the application of Section 5.6, if Marriott fails to submit
any report required by and in accordance with Section 4.2, the Town’s obligation
to pay any Program Grants at the time, if any, shall be suspended until Marriott
has provided and is current on all reports.
5.6. General Breach.
Unless stated elsewhere in this Agreement, Marriott shall be in default
under this Agreement if Marriott breaches any term or condition of this
Agreement. In the event that such breach remains uncured after thirty (30)
Page 7 of 11
calendar days following receipt of written notice from the Town referencing this
Agreement (or, if Marriott has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than thirty
(30) calendar days to cure, then such additional amount of time as is reasonably
necessary to effect cure, as determined by both parties mutually and in good
faith), the Town shall have the right to terminate this Agreement immediately by
providing written notice to Marriott .
6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP.
It is expressly understood and agreed that Marriott shall not operate as an
independent contractor or as an agent, representative or employee of the Town. Marriott
shall have the exclusive right to control all details and day-to-day operations relative to
the Hotel Support Program and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply
as between the Town and Marriott , its officers, agents, servants, employees, contractors,
subcontractors, licensees, and invitees. Marriott further agrees that nothing in this
Agreement will be construed as the creation of a partnership or joint enterprise between
the Town and Marriott .
7. INDEMNIFICATION.
MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO
DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS,
ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR
ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR
SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING
FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR
OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS
AGREEMENT.
8. NOTICES.
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
Page 8 of 11
Town: Marriott:
Town of Westlake _______________________________
Attn: Town Manager _______________________________
3 Village Circle, #202 _______________________________
Westlake, Texas 76262 ____________________________________
With Copies to (which shall not
constitute notice):
Boyle & Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, Texas 75062
9. ASSIGNMENT AND SUCCESSORS.
Marriott may at any time assign, transfer or otherwise convey any of its rights or
obligations under this Agreement to an Affiliate without the approval of the Town so
long as Marriott , the Affiliate and the Town first execute an agreement approved by the
Town Council of the Town of Westlake under which the Affiliate agrees to assume and
be bound by all covenants and obligations of Marriott under this Agreement. Otherwise,
Marriott may not assign, transfer or otherwise convey any of its rights or obligations under
this Agreement to any other person or entity without the prior consent of the Town
Council, conditioned on (i) the prior approval of the assignee or successor and a finding by
the Town Council that the proposed assignee or successor is financially capable of meeting
the terms and conditions of this Agreement and (ii) prior execution by the proposed
assignee or successor of a written agreement with the Town under which the proposed
assignee or successor agrees to assume and be bound by all covenants and obligations of
Marriott under this Agreement. Any attempted assignment without the Town Council’s
prior consent shall constitute a breach and be grounds for termination of this Agreement
and following receipt of written notice from the Town to Marriott. Any lawful assignee or
successor in interest of Marriott of all rights under this Agreement shall be deemed
“Marriott” for all purposes under this Agreement.
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS.
This Agreement will be subject to all applicable Federal, State and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the
Town’s codes and ordinances, as amended.
11. GOVERNMENTAL POWERS.
Page 9 of 11
It is understood that by execution of this Agreement, the Town does not waive or
surrender any of it governmental powers or immunities that are outside of the terms,
obligations, and conditions of this Agreement .
12. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that party’s right to insist upon appropriate performance or to assert any such right on
any future occasion.
13. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas – Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
14. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
Town and Marriott , and any lawful assign or successor of Marriott , and are not intended
to create any rights, contractual or otherwise, to any other person or entity.
15. FORCE MAJEURE.
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, inclement weather, or other circumstances which are reasonably beyond the
control or knowledge of the p arty obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is
similar to any of those enumerated or not, the party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so that the time
period applicable to such requirement shall be extended for a period of time equal to the
period such party was delayed. Notwithstanding anything to the contrary herein, it is
specifically understood and agreed that Marriott’ failure to obtain adequate financing to
complete the Required Improvements by the Completion Deadline shall not be deemed to
be an event of force majeure and that this Section 15 shall not operate to extend the
Completion Deadline in such an event.
16. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this Agreement.
Page 10 of 11
17. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the
Parties that sections, paragraphs, clauses and phrases of this Agreement are severable,
and if any phrase, clause, sentence, paragraph or section of this Agreement shall be
declared unconstitutional or illegal by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality or illegality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the
same would have been executed by the Parties without the incorporation in this
Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It
is the intent of the Parties to provide the economic incentives contained in this Agreement
by all lawful means.
18. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
19. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between the Town and Marriott , and any lawful assign and successor of Marriott , as to
the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this
Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be
amended unless executed in writing by both parties and approved by the Town Council of
the Town in an open meeting held in accordance with Chapter 551 of the Texas
Government Code.
20. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: _______________________________
_______________________________
a Texas_________________________
By: By:
Thomas E. Brymer _____________________________
Town Manager _____________________________
Date: Date:
Page 11 of 11
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry
Town Attorney
EXHIBITS
“A” – Town of Westlake Resolution No. 06-19
“B” – Town of Westlake Resolution No. 12-
“C” – Town of Westlake Hotel Support Program re: Group Booking Incentives for
2012-2013
H:\Boyle-Lowry\BEDFORD\bfd-agreements\wl-agr econ dev agr Marriott.DOC
Resolution 10-02
Attachment “C”
2012-13
TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM
GROUP INCENTIVES
Description: A Town of Westlake cooperative marketing program designed to assi st the Dallas/Fort Worth Marriott
Solana Hotel (Hotel) in bringing group business to Westlake. The groups eligible for incentives under this program shall be
new business or, under certain restrictions, groups that have previously stayed at the Hotel , but are considering other hotels
in the area. Through this program, the Town of Westlake and the Hotel share in providing hospitality lodging and amenities
that will encourage groups to choose Westlake as their destination.
Guidelines:
Requests for incentive funds shall be submitted for approval by the Hotel to the Town prior to the Hotel submitting a
bid for the group business under this program. Under no circumstances shall incentive funds from this program be
offered a fter a group has made their decision t o book at the Hotel.
Applications submitted for groups for which the Hotel wishes to utilize this group business incentive must be accepted
by the Hotel’s Sales Manager for group business that will take place in the current fiscal year or future years.
An application for group business under this agreement may not be booked by the same organization more than twice
in an eighteen (18) consecutive month period without prior approval from the Town of Westlake Town Manager.
Generally preference will be given for group business incentives to attract new group business to the Hotel.
A two-tiered program approach will be applied to the incentive program with the following minimums and incentives
per program:
o Proposed group business shall book a minimum of $30,000 in room revenue per program to be considered
eligible for $5,000 in group incentive funds. (FY 11-12 Budget of $30,000)
o Proposed group business shall book a minimum of $15,000 in room revenue per program to be considered
eligible for $2,500 in group incentive funds. (FY 11-12 Budget of $10,000)
For groups receiving the benefit of this group incentive under this program, the Town of Westlake shall receive sponsor
recognition in all correspondence and at the group meeting/convention in an appropriate manner.
Procedures:
The Application shall include, as a minimum, the following information before it will be reviewed by the
General Manager in preparation for submittal to the Town of Westlake:
o Hotel Information: Date of Application, Sales Manager, and Phone Number.
o Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates,
Estimated Rooms Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated
Outlet Revenue.
o Signatures: The Application shall be signed by t he hotel Sales Manager and Hotel Manager prior to
it being submitted to the Town for approval. The Application shall be approved by the Town
VISITOR SERVICES (817) 430-0941 – Fax (817) 430-1812
3 Village Circle Suite #202 Westlake, TX 76262
Page 2 of 2
Town of Westlake Hotel Support Program
Manager for the Town of Westlake within forty-eight (48) hours of the application date, provid ed
that all of the requested information is received.
Once the Application has been approved by the Town , a confirmation email will be sent by the Town
Manager or his designate to the Sales Manager of the hotel confirming the incentive amount.
o Since funds are reserved for every Application that is approved, the Hotel shall inform the Town of
Westlake in its quarterly r eport required in its economic grant agreement with the Town of amount
on said efforts. Said report will contain information and be in a format as required by the Town of
Westlake.
This Quarterly Report Town shall be sent to:
Town Manager
Town of Westlake
3 Village Circle Suite #202
Westlake, TX 76262
817-430-0941
817-430-1812 FAX
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 27, 2012
Staff Contact: Tom Brymer Consent
Town Manager
Subject: Consideration and Discussion of a Resolution Suspending Atmos Energy
Corporation’s Mid-Tex Division Requested Rate Change to Permit the Town
Time to Study the Request and to Establish Reasonable Rates.
EXECUTIVE SUMMARY
Most municipalities have retained original jurisdiction over gas utility rates and services within
their corporate limits. The Atmos C ities Steering Committee ("ACSC") is composed of
municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex
Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly
public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates
it charges its customers in the only way that cities can insure that natural gas rates are equitable
and competitive. Working as a coalition to review the rates charged by Atmos allows cities to
accomplish more collectively than each city could do acting alone. Cities have more than 100
years experience in regulating natural gas rates in Texas.
Rates cannot change and a Settlement Agreement with Atmos Mid-Tex cannot be implemented
without passage of rate ordinances by cities. Atmos Mid -Tex filed a Statement of Intent on
January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas) by
approximately $49 million or 11.94%. However, the Company is requesting an increase of
13.6%, excluding gas costs, for its residential customers. Additionally, the application would
change the way that rates are collected, by increasing the residential fixed-monthly (or customer)
charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic
feet (“ccf”) to $0.07 per ccf.
The law provides that a rate request made by a gas utility cannot become effective until at least
35 days following the filing of the application to change rates. Atmos has proposed an effective
date of March 6, 2012. The law permits the Town to suspend the rate change for 90 days after
the date the rate change would otherwise be effective. If the Town fails to take some action
regarding the filing before the effective date, Atmos’ rate request is deemed administratively
approved.
The purpose of the resolution is to extend the effective date of Atmos Mid-Tex’s proposed
rate increase to give the Town time to review the rate-filing package. The resolution
suspends the March 6, 2012 effective date of the Company’s rate increase for the maximum
period permitted by law to allow the Town, working in conjunction with the other ACSC
cities, to evaluate the filing, determine whether the filing complies with law, and if lawful,
to determine what further strategy to pursue, including settlement and ultimately to
approve reasonable rates.
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
Note: Fiscal impact to Atmos customers in Westlake of this proposed rate increase is covered in
the Executive Summary above.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Town Staff and the ACSC Executive Committee, as well as ACSC lawyers and rate consultants,
recommend adoption of this Resolution suspending Atmos Energy Corporation’s Mid-Tex
Division requested Rate change to permit the Town time to study the request and to establish
reasonable rates.
ATTACHMENTS
1.) Staff report on the suspension resolution.
2.) Resolution Suspending This Rate Change Request to Allow the Town Time to Study the
Request and to Establish Reasonable Rates for Atmos
3.) Frequently Asked Questions About the ACSC and RRM Rate Making Process
4.) List of ACSC Cities
1790994.1
MODEL STAFF REPORT SUPPORTING RESOLUTION SUSPENDING ATMOS
MID-TEX’S PROPOSED MARCH 6, 2012 EFFECTIVE DATE
FOR A RATE INCREASE
The City, along with approximately 153 other cities served by Atmos Energy Corp., Mid-
Tex Division (“Atmos Mid -Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC” or “Steering Committee”). On or about January 31, 2012, Atmos Mid-Tex
filed with the City a Statement of Intent to increase rates within the City.
Background
In 2003, TXU Gas filed a statewide rate case which became known at the Railroad
Commission of Texas (“RRC”) as Gas Utilities Docket (“GUD”) No. 9400. That same year the
Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program
(“GRIP”) which authorized annual piecemeal rate reviews that Texas courts have concluded
significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was
decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos
Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division.
Atmos Mid-Tex filed four GRIP cases before filing a traditional rate case in September,
2007. As part of Cities’ Settlement Agreement with Atmos of the 2007 rate case, ACSC and
Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process
was called a Rate Review Mechanism (“RRM”) and was intended as an expedited but
comprehensive rate review that included a number of fixed values and constraints. The RRM
was intended as a three-year experiment. Last year, it was extended for a fourth year with some
slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter
of last year to further extend the RRM process, but no agreement was reached. Atmos has
expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised
RRM process.
Enclosed are frequently asked questions (“FAQ”) on ACSC and the RRM ratemaking
process.
Discussion and Purpose
Atmos M id-Tex filed a Statement of Intent on January 31, 2012, seeking to increase
system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%.
However, the Company is requesting an increase of 13.6%, excluding gas costs, for its
residential customers. Additionally, the application would change the way that rates are
collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00
and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf.
The law provides that a rate request made by a gas utility cannot become effective until at
least 35 days following the filing of the application to change rates. Atmos has proposed an
effective date of March 6, 2012. The law permits the City to suspend the rate change for 90 days
after the date the rate change would otherwise be effective. If the City fails to take some action
1790994.1
regarding the filing before the effective date, Atmos’ rate request is deemed administratively
approved.
The purpose of the resolution is to extend the effective date of Atmos Mid-Tex’s
proposed rate increase to give the City time to review the rate-filing package. The resolution
suspends the March 6, 2012 effective date of the Company’s rate increase fo r the maximum
period permitted by law to allow the City, working in conjunction with the other ACSC cities, to
evaluate the filing, determine whether the filing complies with law, and if lawful, to determine
what further strategy to pursue, including settlement and ultimately to approve reasonable rates.
Explanation of “Be It Resolved Paragraphs”
Section 1. The City is authorized to suspend the rate change for 90 days after the date
that the rate change would otherwise be effective so long as the City has a legitimate purpose.
Time to study and investigate the application is always a legitimate purpose. Please note that the
resolution refers to the suspension period as the “maximum period allowed by law” rather than
ending by a specific date. This is because the Company controls the effective date and can
extend its effective date and, therefore, extend the deadline for final city action to increase the
time that the City retains jurisdiction (for example, if necessary to reach settlement on the case).
If the suspension period is not otherwise extended by the Company, the City must take final
action on Atmos Mid -Tex’s request to raise rates by June 4, 2012.
Section 2. This provision recognizes the City’s membership in ACSC and authorizes
the City to part icipate with other similarly situated cities served by Atmos Mid-Tex in order to
more efficiently represent the interests of the City and its citizens.
Section 3. By law, t he Company must reimburse the cities for their reasonable rate
case expenses. Lega l counsel and consultants approved by ACSC will present their invoices to
the City of Arlington which will then seek reimbursement from Atmos Mid -Tex. The City will
not incur liability for payment of rate case expenses by adopting a suspension resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that
was open to the public and that the consideration of the resolution was properly noticed.
Section 5. This section provides that both Atmos Mid-Tex’s designated
representative and counsel for ACSC will be notified of the City’s action by sending a copy of
the approved and signed resolution to certain designated individuals.
Recommendation
The City Staff recommends adoption of the resolution suspending the effective date of
Atmos Mid-Tex’s proposed rate increase.
Resolution 12-09
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 12-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE OF ATMOS
ENERGY CORP., MID-TEX DIVISION (“ATMOS MID-TEX”) REQUESTED RATE
CHANGE TO PERMIT THE TOWN TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS
CITIES STEERING COMMITTEE (“ACSC”) AND OTHER CITIES IN THE ATMOS
MID-TEX SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND
TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE
CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION
IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING
NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC’S LEGAL
COUNSEL
WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid-Tex Division
(“Atmos Mid-Tex” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102 filed with
the Town of Westlake (“Town”) a Statement of Intent to change gas rates in all municipalities
exercising original jurisdiction within its Mid-Tex Division service area, effective March 6,
2012; and
WHEREAS, the Town is a regulatory authority under the Gas Utility Regulatory Act
(“GURA”) and under Chapter 104, §104.001 et seq. of GURA has exclusive original jurisdiction
over Atmos Mid-Tex’s rates, operations, and services within the Town; and
WHEREAS, in order to maximize the efficient use of resources and expertise, it is
reasonable for the Town to maintain its involvement in the Atmos Cities Steering Committee
(“ACSC”) and to cooperate with the more than 150 similarly situated city members of ACSC
and other city participants in conducting a review of the Company’s application and to hire and
direct legal counsel and consultants and to prepare a common response and to negotiate with the
Company and direct any necessary litigation; and
WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
WHEREAS, it is not possible for the Town to complete its review of Atmos Mid-Tex’s
filing by March 6, 2012; and
WHEREAS, the Town will need an adequate amount of time to review and evaluate
Atmos Mid-Tex’s rate application to enable the Town to adopt a final decision as a local
regulatory authority with regard to Atmos Mid-Tex’s requested rate increase; and
Resolution 12-09
Page 2 of 3
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the March 6, 2012, effective date of the rate request submitted by
Atmos Mid-Tex on January 31, 2012, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable rates.
SECTION 2: That the Town is authorized to cooperate with ACSC and its member
cities in the Mid-Tex service area and under the direction of the ACSC Executive Committee to
hire and direct legal counsel and consultants, negotiate with the Company, make
recommendations to the Town regarding reasonable rates, and to direct any necessary
administrative proceedings or court litigation associated with an appeal of a rate ordinance and
the rate case filed with the Town or Railroad Commission.
SECTION 3: That the Town’s reasonable rate case expenses shall be reimbursed by
Atmos.
SECTION 4: That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of the
time, place, and purpose of said meeting was given as required.
Resolution 12-09
Page 3 of 3
SECTION 5: A copy of this Resolution shall be sent to Atmos, care of David Park, Vice
President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420
LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC,
at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
August 1, 2011
Revised February 1, 2012
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC AND THE RRM RATEMAKING PROCESS
What is the Role of Cities in Ratemaking?
Cities have historically exercised original jurisdiction over the level of gas rates charged
within their boundaries. Generally, gas distribution utilities have filed rate cases at the city level
and only gone to the Railroad Commission of Texas (“RRC”) with an appeal of city action or if
they cannot reach a settlement with cities. If a utility and cities reach an agreement, the utility
may then file a case at the RRC to implement the same rates approved by cities in areas outside
municipal boundaries.
Once a case is at the RRC, the Commission Staff generally expects cities to intervene and
do most of the discovery, sponsor opposing witnesses, and do most of the cross-examination and
briefing. There is no consumer advocate at the RRC. If cities do not participate in hearings at
the RRC, the request of a regulated utility is likely to be rubber-stamped.
What is the background to the creation of the Atmos Cities’ Steering Committee?
The Atmos pipeline and distribution systems were built, owned and operated by Lone
Star Gas (“LSG”) which maintained over 200 rate jurisdictions until it sold its assets to Texas
Utilities (“TXU”) in the late 1990’s. That meant that many cities had their own unique
distribution rates and that individual cities had to process rate cases at the local level. LSG-
Pipeline served all 200-plus distribution systems and pipeline rates were set by the RRC.
From the early 1980’s through the late 1990’s, LSG filed no pipeline or system-wide rate
case at the RRC. When LSG was finally brought before the RRC to show cause why its rates
should not be reduced, approximately 80 cities intervened and created an ad hoc group known as
the Steering Committee of Cities Served by Lone Star.
TXU purchased the LSG assets in the late 1990’s and immediately commenced
consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, cities
within each region created an ad hoc committee to form a common strategy and negotiating
position. Once TXU had aggregated the cities into five or six jurisdictions, each with a different
rate, Texas Utilities Gas Company filed a system-wide case to bring all of the old LSG territ ory
under one common rate. The different city regional committees then united and formed the
Allied Coalition of Cities (“ACC”). While the gas utility assets were owned and controlled by
TXU, the Steering Committee transformed itself from an ad hoc group that came together only in
response to rate filings by the utility into a permanent standing committee.
In Gas Utilities Docket (“GUD”) No. 9400 in 2004, TXU’s request for a $61.6 million
system-wide increase was aggressively opposed by ACC. The Company received only a $2.01
million increase. Unhappy with that result, TXU decided that owning a gas system was neither
as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos
Energy Corporation (“Atmos” or “Company”). ACC was then transformed into the Steering
2
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Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to
obtain an easy to remember acronym, “ACSC”.
What is the Atmos Cities Steering Committee?
ACSC is a coalition of 154 cities that unite in common purpose to address gas utility rate
and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that
gas utility rates charged to cities and their residents are fair and reasonable; (2) maintain
reasonable franchise fee revenues for cities; (3) protect cities’ original jurisdiction over rates and
services; (4) be a voice for consumers where no state agency assumes such a role; and (5)
promote sound ratemaking policy in the public interest.
Cities join the p ermanent standing committee by passing a resolution and agreeing to
support the work of ACSC through modest occasional per capita assessments which support
ongoing administrative and legislative advocacy and all expenses where cities are not entitled to
reimbursement. Each member city designates a representative to ACSC. Member
representatives may volunteer to serve on the ACSC Executive Committee or Settlement
Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs
litigation, establishes a legislative agenda, sets assessments on members as needed and meets
quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating
resolution of contested matters with Atmos executives.
The list of current members is attached.
What is the benefit of membership in ACSC?
One hundred fifty-four cities speaking as one voice is much more effective in advocacy
before the Railroad Commission and legislature than any one city or multiple small groups of
citie s.
The legislature has given gas utilities a right to an annual increase in rates. Resources
(both financial and human) of individual cities are conserved by membership in ACSC.
Additionally, membership enhances institutional memory of ratemaking issues, public policy
debates, and right -of-way and franchise fee battles.
What has ACSC accomplished recently?
Going into the legislative session, ACSC in December 2010 released a 48-page report,
“Natural Gas Consumers and the Texas Railroad Commission.” More than 200 television,
newspaper and radio news sites posted information on and a link to the report which may be
found on ACSC’s website, TexasGasConsumers.org.
Earlier in 2010, ACSC representatives visited on several occasions with the Sunset
Commission Staff, and several ACSC recommendations for reform were included in the Sunset
Commission Report on the Railroad Commission, delivered to the legislature’s Sunset
Committee prior to public hearings on the agency. Several ACSC member representatives
testified before the legislature regarding reforms needed at the Railroad Commission.
3
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During the most recent legislative session, lobbying efforts by ACSC were critical in
killing two gas utility bills that would have undermined traditional regulation, deprived cit ies of
certain rights, and led to even greater rate increases.
ACSC has resolved a major issue involving franchise fees. Atmos unilaterally, without
notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of
whether specific franchises included such payments. Several cities were willing to pursue the
matter through litigation. However, counsel for ACSC was able to negotiate a resolution that
allowed each member city to determine whether it desired an increase in franchise fee payments
based on inclusion of franchise fees in the calculation of gross receipts. If a city opted for
inclusion of fee-on-fee revenues, it had the further option of retroactive payments back to the
point in time that Atmos decided to curtail fee-on-fee payments. Each member had these options
regardless of the wording of the then valid franchise agreement. This resolution spared
significant litigation costs and anxiety and was only possible because of the clout of the ACSC
membership.
One of the most significant accomplishments of ACSC occurred in 2007 via a settlement
of the then pending system-wide rate case. Approximately 50 ACSC city representatives showed
up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition
to Atmos practices, the unfairness of annual Gas Reliability Infrastructure Program (“GRIP”)
rate filings that precluded city and citizen review, and the Company’s lack of coordination with
cities. That meeting led to the creation of the Rate Review Mechanism (“RRM”) process and
greater ongoing communication between the Company and ACSC.
In 2010, ongoing communications between ACSC and the Company led to a workable
solution to the need to replace steel service lines in a manner that accommodated city needs to
control their rights-of-way, while moderating the rate impact and focusing first on the riskiest
service lines based on leak repair histories. This compromise precluded a more onerous (from a
city and consumer perspective) program threatened by the RRC.
What is a RRM case?
The concept of a RRM proceeding emerged as a three-year experimental substitute for
GRIP cases as part of the settlement of Atmos Mid-Tex’s 2007 system-wide rate case. In 2003,
the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to
the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred
to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas
companies to recover changes to invested capital without a review of whether increased revenues
or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex
filed GRIP cases as soon as the RRC adopted rules to implement the interim adjustment s. As
explained below, it quickly became apparent that the GRIP adjustments were terrible public
policy.
As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in
2007 to establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all
portions of Mid-Tex’s cost of service. It fixed an authorized rate of return on equity for the
three-year period at 9.6% (which was less than what the RRC would have authorized) and set
4
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caps on the extent to which expenses or investments could increase from one year to the next.
More importantly, it allowed cities to make a comprehensive evaluation of all aspects of the
utility business—investment, operation and maintenance expenses and revenues—unlike GRIP
which only allows consideration of changes to invested capital.
Why is RRM superior to GRIP?
The GRIP cases are one-sided guarantees of a rubber-stamp of the utility’s rate request.
ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline
and Atmos Mid-Tex at the RRC. Not only were cities’ motions to intervene denied, but also,
ACSC’s comments were ignored. At the city level, ACSC consultants determined that Atmos
was not only including items such as artwork, chairs, computers and meals in interim rate
adjustments that were allegedly intended to promote pipeline safety, but also the Company was
over-earning its previously authorized rate of return. ACSC attacked the Commission’s rule in
court because it denied city participation, denied a hearing on a contested matter, and denied
cities’ recovery of any expenses associated with resisting GRIP rate increases. The courts have
not been helpful to cities and the Texas Supreme Court has affirmed the denial of cities’ right to
participate in GRIP cases at the RRC.
Cities have contended that GRIP is terrible public policy since it authorizes what would
from a history of public interest regulation be regarded as unlawful—piecemeal ratemaking.
GRIP allows rates to increase if the utility’s invested capital net of depreciation increases year-
over-year. An increase in rates is mandated under GRIP if investment increases, even if
increasing revenues and declining expenses more than offset the costs associated with increased
investment.
The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by
providing for a comprehensive review of Atmos’ expenses and revenues. Furthermore, RRM
benefits ACSC by: (1) allowing cities participation that would be denied under GRIP; (2)
allowing cities t o recover, at utility shareholder expense, all their ratemaking costs; and (3)
avoiding both litigation and RRC jurisdiction.
The legislature has functionally authorized annual increases in gas utility rates through
the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to
have cities participating in the comprehensive RRM process than unable to participate in a
piecemeal process.
What has been the history of the RRM efforts?
In 2010, ACSC, in settling the third RRM proceeding, agreed to a slight modification and
extension of the process. A settlement of the fourth annual RRM is now pending before ACSC
members. The results of the four RRM proceedings are as follows:
RRM Filing Year Atmos Request ACSC Settlement
#1 2008 $33.5 million $20 million
#2 2009 $20.2 million $2.6 million
#3 2010 $70.2 million $27 million
#4 2011 $15.7 million $6.6 million
5
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These results are better for cities and consumers than would have been authorized by the
RRC under the GRIP process.
What is the future of the RRM process?
The settlement of the fourth RRM filing anticipated ACSC and Atmos working between
August and December to refine the RRM process. A settlement perpetuating the RRM process
was not reached by the end of 2011 which has led to the filing of the January 31, 2012 traditional
rate case. Discussions regarding the future of the RRM process will continue as we attempt to
resolve the rate case by settlement.
If you have other questions please contact me at (512) 322-5875 and/or
ggay@lglawfirm.com.
Geoffrey Gay
ACSC, General Counsel
ACSC Cities (154 Total)
1262979 Updated 03.02.11
Abilene
Addison
Allen
Alvarado
Angus
Anna
Argyle
Arlington
Bedford
Bellmead
Benbrook
Beverly Hills
Blossom
Blue Ridge
Bowie
Boyd
Bridgeport
Brownwood
Buffalo
Burkburnett
Burleson
Caddo Mills
Carrollton
Cedar Hill
Celeste
Celina
Cisco
Cleburne
Clyde
College Station
Colleyville
Colorado City
Comanche
Coolidge
Coppell
Corinth
Corral City
Crandall
Crowley
Dalworthington Gardens
Denison
DeSoto
Duncanville
Eastland
Edgecliff Village
Emory
Ennis
Euless
Everman
Fairview
Farmers Branch
Farmersville
Fate
Flower Mound
Forest Hill
Fort Worth
Frisco
Frost
Gainesville
Garland
Garrett
Grand Prairie
Grapevine
Haltom City
Harker Heights
Haskell
Haslet
Hewitt
Highland Park
Highland Village
Honey Grove
Hurst
Iowa Park
Irving
Justin
Kaufman
Keene
Keller
Kemp
Kennedale
Kerrville
Killeen
Krum
Lakeside
Lake Worth
Lancaster
Lewisville
Lincoln Park
Little Elm
Lorena
Madisonville
Malakoff
Mansfield
McKinney
Melissa
Mesquite
Midlothian
Murphy
Newark
Nocona
North Richland Hills
Northlake
Oak Leaf
Ovilla
Palestine
Pantego
Paris
Parker
Pecan Hill
Plano
Ponder
Pottsboro
Prosper
Quitman
Red Oak
Reno (Parker County)
Richardson
Richland
Richland Hills
River Oaks
Roanoke
Robinson
Rockwall
Roscoe
Rowlett
Royse City
Sachse
Saginaw
Seagoville
Sherman
Snyder
Southlake
Springtown
Stamford
Stephenville
Sulphur Springs
Sweetwater
Temple
Terrell
The Colony
Trophy Club
Tyler
University Park
Venus
Vernon
Waco
Watauga
Waxahachie
Westlake
Whitesboro
White Settlement
Wichita Falls
Woodway
Wylie
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Facilities and Recreation Meeting Date: February 27, 2012
Staff Contact: Troy J. Meyer Consent
Director of Facilities and Recreation
Subject: Consider a Resolution amending the Westlake Academy / Civic Campus Facility
Use Guidelines and Policies.
EXECUTIVE SUMMARY
On October 27, 2008 the Town Council passed the first facility use guideline and policies due to
the increase in requests to use the Westlake Academy campus. The requests include the use of
basketball gym, classrooms, the soccer field and/or the performance hall.
At the September 8, 2008, workshop, staff presented the policies of facilities usage to the Board
to discuss renting out the civic campus and fees to Westlake residents. The Board agreed that the
dining and performance hall could be rented out on Sunday only and to Westlake residents. The fees
must cover all costs of using the facilities, which would include but is not limited to power usage,
cleaning, damage and staffing.
Staff has received an increase in request to use the sports and the gym on school holiday and summer
months. Staff would recommend the following changes to the Westlake Academy / Civic Campus
Facility Use Guidelines and Policies:
1. Limited and conditional use of sport fields
Fees $150 for three hours/$50 for additional hours
2. Limited and conditional use of the gym
Fee $325 for three hour/$95 for additional hours
This policies change would give the staff to rent out the sport field and gym based on school actives
and conditions of the field and gym. The primary principal has reviewed and agrees with the
facilities rental policies and would like to be notified when the facilities is rented.
APPLICABLE STRATEGIC PLAN VISION POINT
Sense of Place
Leadership
Caring Community
Exemplary Governance
Service Excellence
Page 2 of 2
FISCAL IMPACT
Funded Not Funded N/A
The rental fees would cover all costs to have town/contract staff present and electrical use for the
building and maintenance on the sports field.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Approve the resolution amending the rental of civic campus facilities and approving the
Westlake Academy/Civic Campus Facility Guidelines and Use Policies.
ATTACHMENTS
Resolution
Facilities Policy
Resolution 12-10
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 12-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AMENDING THE WESTLAKE ACADEMY / CIVIC CAMPUS FACILITY
USE GUIDELINES AND POLICIES.
WHEREAS, there is a need in the community for meeting / function space; and
WHEREAS, Westlake Academy, a Town owned and operated facility, has been
identified as a community asset, which includes a performance hall, cafeteria, sport fields and
gym that can be utilized by Westlake residents on a limited basis.
WHEREAS, Town staff and the Westlake Academy staff have identified uses and
limited and conditional availability to the renting of the facilities; and
WHEREAS, Westlake desires to engage it s citizens; and
WHEREAS, the Town Council finds that renting the facilities benefits the public and is
in the best interest of the citizens of Westlake, and
WHEREAS, rental fees will be collected and will offsest all operational and repair cost
associated with the use of the facility.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Resolution above are found to be true and correct
and are incorporated herein by reference as copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the
amending of the rental of the Westlake Academy / Civic Campus Facilities Use Guidelines and
Policies (Exhibit “A”).
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 12-10
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2012.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________ ____________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Rev 02/27/12 Page 1
Westlake Academy/Civic Campus
Facility Use Guidelines and Policies
Facility Availability
1. The Performance Hall, Cafeteria area, Gym and Sport Fields of the Westlake
Academy/Civic Campus is available for use on Monday through Friday for 5:00
p.m. to 10:00 p.m. and Saturday through Sunday between the hours of 6:00 a.m.
and 10:00 p.m. after which a extended hours fee of $15.00 per hour will apply.
NOTE: The Sport field may be used during day light hours only. Please contact
the Facilities Department at 817-490-5730 for summer hours.
2. Availability is determined upon submission of an application and deposit, which
may be obtained and remitted to the Town Hall offices at 3 Village Circle, Suite
202, Westlake, TX 76262.
Application Process:
1. The application must be filled out at least 14 days prior to the requested
reservation date. Application forms are available in the lobby of Town Hall or
online at www.westlake-tx.org.
2. No verbal or tentative agreements will be accepted.
3. The applicant must be a resident of the Town of Westlake and is responsible for
the adherence to the guidelines and policies of the Town for all individuals
during the use of the facility.
4. The Facilities and Recreation Department reserves the right to terminate a
reservation during the activity if the conditions so warrant (i.e., severe weather,
etc.)
Deposit
1. To be assessed according to the request and duration of reservation:
a. $500 – one day rental of Cafeteria, gym area or sport fields
b. $1000 – one day rental of Cafeteria and Performance Hall
c. $2000 – extended commitment rental for Cafeteria and Performance Hall
2. The deposit is refundable under the following conditions:
a. Provided that no damage has occurred to the facility or fixtures (reviewed
by the applicant and Town representative at the conclusion of the use
period).
b. Renter must have followed all facility use guidelines and policies and
Town ordinances during the event.
3. The deposit will be returned within 14 days from the rental date and will be
mailed to the applicant.
Rev 02/27/12 Page 2
Reservation Time & Fees
1. Facilities may be reserved for a minimum of three (3) hours and a maximum of
six (6) hours.
2. The reservation period will include the time necessary to set up and clean the
facility – no additional time will be allocated for these activities.
3. Fees to be assessed according to the request and duration of reservation:
a. $350 –Three hour rental of Cafeteria area
b. $475 –Three rental of Cafeteria and Performance Hall
c. $100 –Each additional hour rental of Cafeteria area
d. $150 –Each additional hour rental of Cafeteria and Performance Hall
e. $150 –Three hour rental of Sport field
f. $50 –Each additional hour rental Sport field
g. $325 –Three hour rental of Gym
h. $95 - Each additional hour rental of Gym
Reservation Requirements, Availability and Limitations
1. Individuals and organizations utilizing the facility are required to follow all
applicable Town ordinances, state laws and reservation policies. Failure to
comply may result in the denial of future facility access and/or forfeiture of the
facility deposit.
2. The Town does not provide eating utensils, tablecloths, office supplies, electronic
equipment or any other type of products during the reservation period. The
individual or organization reserving the facility must provide these types of
items.
3. The room occupancy rate will be posted and explained to the applicant during
the rental process. In accordance with fire codes, the occupancy rate may not
exceed the maximum allowable number of individuals at any time during the
rental period.
4. The Town and/or Westlake Academy reserves the right to alter the schedule or
limit the use of the facility due to any town or school related events or conditions
which pose a conflict with the requested rental period.
Facility Access
1. The rental agreement will include provisions for a Town of Westlake
representative to be present during the use of the facility. The representative will
provide building access and work with the applicant to ensure the facility is
secured at the conclusion of the rental.
2. In the event of an unforeseeable emergency, and the representative is detained or
not available, the applicant may contact Troy J. Meyer, Director of Facilities at
(817) 829-6974 to gain access to the building.
3. Please do not attempt to force open the doors or break a window to enter the
facilities.
Rev 02/27/12 Page 3
Cancellation
1. In order to receive a full refund of all fees and deposits the reservation must be
cancelled at least 14 days prior to the reservation date. If after 14 day period, the
Department reserves the right to assess an $100 administrative fee to cover
staffing costs.
2. No refunds of the rental fees will be given for notices within two (2) days of the
reservation date or for a cancellation notice after the rental date.
Damages
1. Individuals and organizations reserving the facility are responsible for the costs
associated with repairing the building or replacing items that are damaged
during the rental period.
2. Failure to remit the required repair/replacement fees for the damages will result
in the loss of future reservation privileges and any deposit.
Chaperones
1. The resident who submits the reservation application must remain on premises
at all times during the use of the facility. Failure to remain on site may result in
the loss of future reservation privileges and the deposit.
2. Reservations for a youth event require a minimum of two (2) adult chaperones
for 1 – 30 youth participants. One adult chaperone must be provided for each
additional 15 participants. Youths are defined as anyone under 21 years of age.
3. The Town reserves the right to require the presence of a police officer during
these types of events. The personnel cost for the off-duty assignment will be the
responsibility of the applicant.
Cleaning
1. The resident and/or organization is responsible for cleaning the facility at the
conclusion of the rental. The reservation must include the necessary time for
these activities.
2. The Town representative will provide access to the cleaning supplies and
equipment for the resident or organization.
3. All furniture must be returned to the original configuration prior to vacating the
premises.
4. All trash must be bagged and removed from the facility – outside trash
receptacles (dumpster storage containers) are provided outside the Cafeteria
area.
5. A checklist will be provided to the applicant and reviewed with the Town
representative to ensure all the necessary tasks have been completed to clean and
prepare the facility for further use.
Rev 02/27/12 Page 4
Food/Drink
1. Refreshments are allowed in the Cafeteria area of the facility. Food and drink
are not allowed in the Performance Hall and Gym.
2. Tables will be provided (upon prior request) for those individuals who are
hosting a catered event.
Decorations
1. Decorations may be used that do not cause damage to the walls, ceilings or any
other part of the room, furniture or fixtures and must be removed at the end of
the reservation period.
2. Items such as nails, thumbtacks and permanent tape may not be used.
3. Painters masking tape is the only approved method for decorating purposes and
must be fully removed from the facility upon completion of the reservation.
4. All lights and facility doors must be secured at the conclusion of the reservation.
5. Plans for special activities including, but not limited to: bounce houses, dunking
booths, amplified sound systems, etc. must be reviewed and approved by the
Facilities Director prior to their use.
Tobacco and Alcohol Use and Pet Policy
1. No smoking, use of tobacco products or alcoholic beverages are allowed on any
Town owned property. This includes the Westlake Civic Campus/Westlake
Academy facilities.
2. No pets are to be in the facility during the rental period. The only exception
would be service animals necessary to assist individuals with a disability.
Insurance Requirements
1. Proof of insurance is required for all organized programs of athletic competition,
including but not limited to basketball, soccer, softball and little league groups.
2. Insurance is not needed for individuals or groups of residents who use the
athletic fields for a one-time-use basis.
Liability: The user agrees to hold harmless the Town and its
employees/representatives from and against any claims for damages to persons or
property arising out of any use of the facility and its premises by the user. Users are
responsible for their guests adherence to the policies herein described.
PLEASE NOTE: The above information concerns general reservation policies and
covers most reservation requirements. For specific concerns or those questions not
answered above, it is the responsibility of the applicant to contact the Director of
Facilities to ensure compliance with all policies.
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Planning and Development Meeting Date: February 27, 2012
Staff Contact: Eddie Edwards, Consent
Director of Planning and Development
Subject: Consideration of an ordinance amending sections 102-65 and 102-314 of the
Town of Westlake Code of Ordinances. These sections contain regulations
applicable to the GU or Government Use Zoning District.
EXECUTIVE SUMMARY
Since decisions relating to the development of property owned by the town have already been
considered during planning and budgeting meetings, causing the development information to be
presented through the full Site Plan review process would be duplicative and time consuming.
Our current regulations relative to temporary structures were written with private sector or for-
profit applications in mind. A predictable and transparent approval process for the use of
temporary structures that are used out of necessity to meet the needs of the community should be
considered on a case by case basis by the town council.
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 of the proposed amendments.
ATTACHMENTS
Code sections with proposed changes shown.
Proposed ordinance.
GU - GOVERNMENT USE ZONING DISTRICT AMENDMENTS
Sec. 102-65. - Temporary structures.
A temporary structure is one which is used for a limited period of time. It may be
manufactured on site or off site, but is temporary in nature, and only used until a permanent
structure can be constructed or refurbished. All temporary structures shall be required to
comply with the following:
(1) Permits. No temporary structure may be constructed on site, or brought on site until a
building permit for its construction and siting has been issued.
(2) Time limit. The time limit for all temporary structures, other than those located in the
GU zoning district, shall be 90 days; except for on-site construction offices which shall
be limited to the time required for the actual on-site construction of the structure or
facility, or one year, whichever is less. Any further extension shall require board Town
Council approval.
(3) In GU (Government Use) zoning districts the time limit for temporary structures shall
be determined by the Town Council. The Town Council shall approve the locations of,
and the exterior designs of, any temporary structures located in GU zoning districts.
The setbacks and building articulation requirements contained in this chapter shall not
apply to temporary structures.
Sec. 102-314. - Required site plan (not PD).
(a) Applicability. Site plans are required for all developments except individual single-
family lots and GU zoned property. Development of GU zoned property must have approval
from the Town Council. Required Site Plans shall be accompanied by a proposed development
schedule. No development may occur, or building permit be approved on a site which does not
conform to the approved site plan. Site plans shall be approved by the board of aldermen Town
Council, upon recommendation by the planning and zoning commission, and shall be
considered part of the zoning requirements for that site. A change to the site plan shall be
considered a change in zoning in a planned development district .
(b) Purpose. The purpose of a site plan is to ensure that all provisions of the Unified
Development Code are adhered to; that sensitive environmental issues such as slopes and
vegetation are accommodated; and that services and facilities necessary to support the proposed
development will be available on an appropriate time schedule.
(c) Generally.
(1) No construction or development within a district that requires a site plan may
commence, and no building permit may be issued unless the board of
aldermen Town Council has approved a site plan upon recommendation of the
planning and zoning commission.
(2) Where a concept plan has been approved as part of the zoning, all site plans
must be in conformity with that approved concept plan.
(3) No public notification is required for consideration of a site plan, or amendment,
beyond posting as an agenda item for the planning and zoning commission
and board of aldermen Town Council. This provision does not apply to PD site
plans.
Sec. 102-124. - District development standards.
(a)
District development standards chart.
(1)
The district development chart in Figure 2 sets out standards for density, minimum
building area, building height, minimum setbacks from property lines, required
landscaping, requirement for site plan approval, and requirement for submission of
a development schedule.
(2)
Front yard setbacks are required in all instances where a property line abuts a
street right-of-way.
(3)
The chart shall establish the minimum requirements for these elements except as
otherwise provided in this article.
FIGURE 2
WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART
District Density Minimum
Principal
Building
Area
Height *Lot
Width
Bldg.
Line
Minimum Setbacks Required
Landscaping
Requires
Site Plan
Mini-
mum
Lot Size
u/a,
FAR
Front Rear Side Side
Paving
R-5 Country
Residential (5
ac.)
217,800
s.f.
1 u/a 2,000
s.f. bldg.
min.
2.5
st/35'
200 50 50 30
* Lot width shall be measured at the minimum setback distance for the district.
** PD requirements subject to PD ordinance.
*** As approved by Town Council.
R-2 Rural
Residential (2
ac.)
87,120
s.f.
1 u/a 2,000
s.f. bldg.
min.
2.5
st/35'
150 50 50 25
R-1 Estate
Residential (1
ac.)
43,560
s.f.
1 u/a 1,800
s.f. bldg.
min.
2.5
st/35'
125 40 40 20
R-
O.5
Neighborhood
Residential
(.5 ac.)
21,780
s.f.
1 u/a 1,500
s.f. bldg.
min.
2.5
s.t./35'
100 35 35 15
RA Residential
Airpark
43,560
s.f.
1 u/a 1,800
s.f. bldg
min
2.5
st/35'
125 40 40 20
MF Multifamily 200,000
s.f.
12 1,000
s.f. avg.
2.5
s.t./35'
200 40* 40* 20* 20%/
250
O.S/U
yes
LR Local Retail 40,000
s.f.
0.20:1 2,000
s.f.
2.5
st/35'
200 50* 50* 0 or
4*
20% yes
O Office Park 200,000
s.f.
0.25:1 3,000
s.f.
2
st/35'
200 100* 100* 75* 20% yes
O-I Office-
Light
Industrial
Park
200,000
s.f.
0.30:1 3,000
s.f.
3
st/50'
175 75* 50* 50* 15% yes
**PD Planned
Development
200,000
s.f.
GU Governmental
Use
No min. 0.25:1
***
No min. 3
st/50'
200
***
50
***
50
***
25
***
10
***
20% *** No
Ordinance 677
Page 1 of 6
TOWN OF WESTLAKE
ORDINANCE NO. 677
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102 OF
THE CODE OF ORDINANCES, TITLED “ZONING”, BY AMENDING SECTIONS
102-65, 102-124, AND 102-314; AMENDING THE REGULATION APPLICABLE TO
THE GU ZONING DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds it to be in the best
interest of the Town and its citizens to allow the Town Council to have greater discretion
regarding the development of GU zoned property; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission, the
Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests
of the town and its citizens that the amendments (Exhibit “A”) to the Westlake Code of
Ordinances should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter “102”, Article III, “ZONING”, Sections 102-65, 102-124,
and 102-314 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as
shown on attached Exhibit A, which is incorporated for all purposes.
SECTION 4: That all provisions of Ordinance not hereby amended shall remain in
full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
Ordinance 677
Page 2 of 6
SECTION 7: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase,
sentence, paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 677
Page 3 of 6
EXHIBIT A
Chapter 102 ZONING
ARTICLE III. PERMISSABLE USES
DIVISION 1.- GENERALLY
Sec. 102-65. – Temporary structures
A temporary structure may be used for a limited period of time. It may be
manufactured on site or off site, but is temporary in nature, and only used until a permanent
structure can be constructed or refurbished. All temporary structures shall be required to
comply with the following:
1) Permits. No temporary structure may be constructed on site, or brought on site until a
building permit for its construction and siting has been issued.
2) Time limit. The time limit for all temporary structures, other than those located in the
GU zoning district, shall be 90 days; except for on-site construction offices which
shall be limited to the time required for the actual on-site construction of the structure
or facility, or one year, whichever is less. Any further extension shall require Town
Council approval.
3) GU (Government Use) zoning district. Temporary structures constructed or sited in
the GU zoning district shall comply with the time limits established by the Town
Council. The Town Council shall approve the locations of and the exterior designs of
any temporary structures placed in GU zoning districts. The setbacks and building
articulation requirements contained in this chapter shall not apply to temporary
structures in GU zoning districts.
Article IV. – DISTRICT DEVELOPMENT STANDARDS
Sec. 102-124. - District development standards.
a) District development standards chart.
(1)
The district development chart in Figure 2 sets out standards for
density, minimum building area, building height, minimum setbacks
from property lines, required landscaping, requirement for site plan
approval, and requirement for submission of a development schedule.
(2)
Front yard setbacks are required in all instances where a property line
abuts a street right -of-way.
Ordinance 677
Page 4 of 6
(3)
The chart shall establish the minimum requirements for these elements
except as otherwise provided in this article.
FIGURE 2
WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART
* Lot width shall be measured at the minimum setback distance for the district.
** PD requirements subject to PD ordinance.
District Density Minimum
Principal
Building
Area
Height *Lot
Width
Bldg.
Line
Minimum Setbacks Required
Landscaping
Requires
Site Plan
Mini-
mum
Lot Size
u/a,
FAR
Front Rear Side Side
Paving
R-5 Country
Residential (5
ac.)
217,800
s.f.
1 u/a 2,000
s.f. bldg.
min.
2.5
st/35'
200 50 50 30
R-2 Rural
Residential (2
ac.)
87,120
s.f.
1 u/a 2,000
s.f. bldg.
min.
2.5
st/35'
150 50 50 25
R-1 Estate
Residential (1
ac.)
43,560
s.f.
1 u/a 1,800
s.f. bldg.
min.
2.5
st/35'
125 40 40 20
R-
O.5
Neighborhood
Residen tial
(.5 ac.)
21,780
s.f.
1 u/a 1,500
s.f. bldg.
min.
2.5
s.t./35'
100 35 35 15
RA Residential
Airpark
43,560
s.f.
1 u/a 1,800
s.f. bldg
min
2.5
st/35'
125 40 40 20
MF Multifamily 200,000
s.f.
12 1,000
s.f. avg.
2.5
s.t./35'
200 40* 40* 20* 20%/
250
O.S/U
Yes
LR Local Retail 40,000
s.f.
0.20:1 2,000
s.f.
2.5
st/35'
200 50* 50* 0 or
4*
20% Yes
O Office Park 200,000
s.f.
0.25:1 3,000
s.f.
2
st/35'
200 100* 100* 75* 20% Yes
O-I Office-
Light
Industrial
Park
200,000
s.f.
0.30:1 3,000
s.f.
3
st/50'
175 75* 50* 50* 15% Yes
**PD Planned
Development
200,000
s.f.
GU Governmental
Use
No min. *** No min. *** *** *** *** *** *** No
Ordinance 677
Page 5 of 6
*** As approved by Town Council.
(b)
Maximum building height.
(1)
All districts. The height limit for all structures shall be as established in
the districts governing the property on which the structures are located.
However, the maximum height may be increased up to 700 feet above
mean sea level by the Town Council as part of site plan approval,
unless otherwise limited by a planned development district.
(2)
Building height and setback for commercial districts.
a.
Roadway slope. In addition to the building setback line, no
building in a commercial district may exceed the height of a line
drawn from the nearest roadway right-of-way line at a 2:1 slope
directly into the subject commercial property, as shown in
Figure 3 (e.g., a 100-foot high building must be set back 200
feet from the right -of-way line).
b.
Residential slope. In addition to the building setback line, no
building in a commercial district may exceed the height of a line
drawn from a residential property line in a residential district, at
a 5:1 slope directly into the subject commercial property as
shown in Figure 3 (e.g., a 100-foot building must be set back
500 feet from the residential property line).
c.
Changes in grade. Notwithstanding the slopes noted in
subsections (b)(2)a. and b. of this section, if the slope of the
ground rises or falls from the point of origin of the slope line,
the actual building height may be greater or lesser by the
difference in grade.
d.
Exceptions. The following features may be constructed 12 feet
higher than the maximum height requirement of the zoning
district in which the structure is located:
1. Chimneys, church spires, elevator shafts, and similar
appendages not intended as places of occupancy or storage.
2. Flag poles and similar devices.
3. Heating and air conditioning equipment, solar collectors and
similar equipment, fixtures, and devices.
Ordinance 677
Page 6 of 6
4. Provided that they are: (i) not more than one-third of the
total roof area; and (ii) set back from the edge of the roof a
minimum distance of two feet for every foot by which such
features extend above the roof surface of the building to
which they are attached.
Article VIII. – ZONING RELATED APPLICATIONS
Sec. 102-314. – Required Site Plan (not PD)
a) Applicability. Site Plans ar e required for all developments except individual single-
family lots and GU zoned property. Development of GU zoned property must be
approved by Town Council. Required Site Plans shall be accompanied by a proposed
development schedule. No development may occur, or building permit be approved
on a site which does not conform to the approved Site Plan. Site P lans shall be
approved by the Town Council, upon recommendation by the Planning and Zoning
Commission, and shall be considered part of the zoning requirements for that site. A
change to the Site Plan shall be considered a change in zoning.
Remainder of this section to remain unchanged.
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 #5 - Future
Agenda Items
COUNCIL CALENDAR
- 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
- Westlake Arbor Day
April 7, 2012
- MasterWorks Solana Concert Series – Free Outdoor Concert by Zach King
April 12, 2012, Village Courtyard, 6:00 – 7:00 p.m.
- Alliance Development Forum, Marriott Championship Circle
April 13, 2012, 11:00 – 1:00 p.m.
- MasterWorks Solana Concert Series – Free Outdoor Concert by John Adams
April 19, 2012, Village Courtyard, 6:00 – 7:00 p.m.
- Junior High Sport Banquet, WA Dining Hall
April 20, 2012, 6:00 – 8:00 p.m.
- WHPS - Living History Event, ‘History of the Texas Flag’
WA Performance Hall, 7:00 – 8:30 p.m.
April 24, 2012
- Bandana Bonanza, Westlake Academy Campus
May 5, 2012
Town of Westlake
Item # 6 –
Council Calendar
Town of Westlake
Item # 7 –
Adjournment