HomeMy WebLinkAbout01-24-11 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 7:00 p.m. posted start time.
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Mission Statement
TOWN OF WESTLAKE, TEXAS
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 rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL MEETING
AGENDA
January 24, 2010
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
Workshop Session: 4:30 p.m.
Regular Session 7:00 p.m.
Workshop Session
1. CALL TO ORDER
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JANUARY 24,
2011, COUNCIL REGULAR MEETING AGENDA.
3. PRESENTATION AND DISCUSSION BY MARRIOTT GM JOHN KLUKAN.
4. EXECUTIVE SESSION
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The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. 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, Cause No. 096-249416-10
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
5. RECONVENE MEETING
6. COUNCIL RECAP / STAFF DIRECTION
7. ADJOURNMENT
Regular Session
1.
CALL TO ORDER
2.
PLEDGE OF ALLEGIANCE
3. 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.
Mr. John Lawson, President, Baylor Hospital – Grapevine
Mr. Jim Benotti, Commander, VFW Post 5074 – Roanoke
4. 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 September 23, 2010.
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b. Consider approval of the minutes from the meeting held on September 29, 2010.
c. Consider approval of the minutes from the meeting held on December 13, 2010.
d. Consider approval of the minutes from the meeting held on January 10, 2011.
e. Consider approval of Resolution 11-01, regarding opposition of any proposed
legislation seeking to strip, erode or preempt local regulation of mineral
development within the corporate limits of a municipality.
f. Consider approval of Ordinance 653, Calling the May 14, 2011, General
Election.
g. Consider approval of Resolution 11-02, Authorizing the Town Manager to
execute a contract between the Town of Westlake, and the Cities of Keller,
Southlake, and Fort Worth, Texas relating to billing for treated water through the
future Southlake 30” waterline along FM 1938.
5. CONSIDERATION AND DISCUSSION TO APPROVE RESOLUTION 11-03,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION
TAX AND REVENUE CERTIFICATES OF OBLIGATION.
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 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, Cause No. 096-249416-10
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. 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
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the Council agenda calendar allowing for adequate time for staff preparation on the
agenda item.
10. COUNCIL RECAP / STAFF DIRECTION
11. COUNCIL CALENDAR
- Special Town Council Meeting
January 31, 2010
- Town Council Meeting
February 28, 2011
- Town Council Meeting
March 28, 2010
12. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE
SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER
SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS
GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
January 19 2011, 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.
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 September 23,
2010.
b. Consider approval of the minutes from the meeting held on September 29,
2010.
c. Consider approval of the minutes from the meeting held on December 13,
2010.
d. Consider approval of the minutes from the meeting held on January 10,
2011.
e. Consider approval of Resolution 11-01, regarding opposition of any
proposed legislation seeking to strip, erode or preempt local regulation of
mineral development within the corporate limits of a municipality.
f. Consider approval of Ordinance 653, Calling the May 14, 2011, General
Election.
g. Consider approval of Resolution 11-02, Authorizing the Town Manager
to execute a contract between the Town of Westlake, and the Cities of
Keller, Southlake, and Fort Worth, Texas relating to billing for treated
water through the future Southlake 30” waterline along FM 1938.
Town of Westlake
Item # 2 –
Review of Consent
Agenda Items
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Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of January 24, 2011
Date: January 13, 2011
ITEM
Update and Report on the Economic Development Agreement Between the Town of Westlake
and the Marriott Solana Hotel.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Hospitality Finds its Home in Westlake
o Tourism development
The Town receives 7% of the hotel/motel occupancy tax allowed by State law. The FY 10-11
Budget contains an estimate that the Town will receive $450,000 in the current fiscal year in the
Visitors Association Fund. This represents 4.8 percent of the total Town revenue stream and is
derived totally 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 10-11 Visitors Association Fund budget is
attached to this agenda memo.
BACKGROUND
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 projects (an example would be the FM 1938 streetscape plan as well as
debt service in FY 09-10).
There were two (2) components to the proposed economic development grant that would
disburse hotel/motel occupancy tax funds from the Town to the Marriott. They were:
Shuttle Bus Transportation Cost Participation. An amount of $112,000 was 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 market competitiveness 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
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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/entertainment 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 $200,000.
Group Business Incentive Program
• Incentives are only available for group business generating a minimum $10,000 in
room night revenues
. An amount of $30,000 was proposed for this new
program. With the current recessionary economic environment causing a decrease in
business travel nationwide, the Town staff worked with the Marriott Hotel manager on
this new economic development agreement modeled after a program in Addison, Texas.
This new program would allow the Marriott to discount their room rates and/or services
in order to generate new group business and/or, under certain circumstances, maintain
existing group business. Under this proposed program (see Exhibit C to the grant
agreement for details), the Town of Westlake would participate by granting back to the
Marriott group meeting incentives as follows:
• A maximum incentive of a $5,000 discount is available to the Hotel for each group.
This incentive will be calculated as follows: apply 75% to the per night room revenue
that the Town would normally receive (7%) for the group business; up to a maximum
of $5,000 per group.
• New group business generating in excess of $25,000 in per night room revenue
may be given additional consideration for additional incentive amounts over the
$5,000 per group, if approved by the Town Manager
• Westlake receives appropriate sponsorship recognition on all correspondence
• A maximum usage of the incentive of twice per eighteen (18) months period per
organization, unless prior authorization is received from the Town.
This proposed agreement was last discussed by the Council at its August 10, 2009 and October 5,
2009 workshops. At the October 5th workshop, the Town Manager recommended funding this
agreement at the levels contained in the Funding section of this agenda memo and staff received
consensus from Council to prepare a grant agreement for its consideration with these amounts
and terms. The agreements were drafted and approved by the Town Council in January 2010
based on the following staff recommendation:
• The Town Council adopted an economic development policy in 2006. This proposed
agreement comports to that policy. The Town’s economic development policy is
attached to Resolution 06-19 below for Council’s information. Further, Vision Point 3 in
the Town’s Strategic Plan is “Hospitality Finds its Home in Westlake”. A Key Result
Area (KRA) under this vision point is Tourism Development. One of the Outcome
Strategies under this KRA in the Strategic Plan (pg 20) involves promotion of Westlake
as a business and tourist destination. Objective 2.3 involves formulating a contract with
the Marriott Solana for use of hotel/motel occupancy tax funds to improve occupancy
rate targets.
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• Staff recommended approval of this resolution approving this one (1) year agreement and
budget amendment, as it would be a reinvestment in the tourist sector of the Town’s
economic development efforts which will allow the Marriott Solana to more effectively
compete for a currently shrinking market. In turn, this grant will help support the
Council’s long-term vision point and strategic plan for Hospitality Finds its Home in
Westlake and the key result area of increasing tourism. This agreement also impacts the
Town’s strategic plan as it pertains to achieving financial sustainability.
• The proposed agreement includes 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 difficult and highly competitive economic environment.
• In is important to recognize that under the 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. Hopefully, the opposite will occur and Staff could
then recommend expansion of the program if it is found to be expanding the Town’s
revenue stream.
• Finally, if there are other areas the Council sees the Marriott Solana can improve upon,
such as more effectively marketing to the local market, Staff recommends the Council
give specific feedback to the hotel’s management, and request they bring back to the
Council, within a specified time frame, specific business proposals targeting this market
along with an implementation plan and time table.
Funding in this economic development grant agreement totaled $142,000 in FY 09-10. This total
is comprised of:
FUNDING
• $112,000 for shuttle bus transportation service cost participation (note
• $30,000 for the group sales incentive program
: this would be
comprised of $56,000 per fiscal year collected by the Town during the Fiscal Years 08-09
and 09-10
N/A
RECOMMENDATION
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1. Visitors Association Fund Hotel Occupancy Tax Revenue Trend
ATTACHMENTS
2. Resolution Approving this Economic Development Grant Agreement between the Town
and the Marriott Solana as well as a Budget Amendment for the Visitors Association
Fund for FY 09-10 to fund it.
3. Economic Development Agreement between the Town of Westlake and the Marriott
Solana.
Visitors Association Fund
Hotel Occupancy Tax Revenue Trend
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000
550,000
600,000
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
Adopted
440,849
381,221
415,544
458,471
527,662
497,769
457,693 450,000
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071: 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
b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
Town of Westlake
Item # 4 –
Executive Session
Town of Westlake
Item # 5 – Reconvene
Meeting
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.
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."
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.
Mr. John Lawson, President, Baylor Hospital – Grapevine
Mr. Jim Benotti, Commander, VFW Post 5074 – Roanoke
Town of Westlake
Item # 3 – 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 September 23,
2010.
b. Consider approval of the minutes from the meeting held on September 29,
2010.
c. Consider approval of the minutes from the meeting held on December 13,
2010.
d. Consider approval of the minutes from the meeting held on January 10, 2011.
e. Consider approval of Resolution 11-01, regarding opposition of any proposed
legislation seeking to strip, erode or preempt local regulation of mineral
development within the corporate limits of a municipality.
f. Consider approval of Ordinance 653, Calling the May 14, 2011, General
Election.
g. Consider approval of Resolution 11-02, Authorizing the Town Manager to
execute a contract between the Town of Westlake, and the Cities of Keller,
Southlake, and Fort Worth, Texas relating to billing for treated water through
the future Southlake 30” waterline along FM 1938.
Town of Westlake
Item # 4 - Consent
Agenda Items
Town Council Minutes
09/23/10
Page 1 of 4
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL SPECIAL WORKSHOP
September 23, 2010
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Cathy Cunningham,
Assistant to the Town Manager Ginger Awtry (and acting Town
Secretary), Public Works Director Jarrod Greenwood, Municipal
Court Administrator Amanda DeGan, Facilities and Recreation
Director Troy Meyer, Finance Director Debbie Piper, Interim Fire
Chief Richard Whitten, Planning and Development Director Eddie
Edwards, and WA Administrative Coordinator Ben Nibarger
Special Session
1.
CALL TO ORDER
Mayor Laura Wheat called the meeting to order at 6:09 p.m.
2. DISCUSS AND REVIEW THE TOWN’S FINANCIAL SUSTAINABILITY,
PROPOSED FISCAL YEAR 2010-2011 BUDGET AND PROPOSED TAX RATE.
Mayor Wheat opened the discussion and explained that Town Manager Tom Brymer
would need to leave due to a family emergency. Before he left, Mr. Brymer went on to
explain the history of this process and the history of the meetings to bring us to where
we are today. Mr. Brymer left the meeting at 6:13 p.m.
Mayor Wheat stated that she was impressed by Management Intern Scott Dixon’s
summary of our position. She continued by reading his summary and asked the Council
for their thoughts on Mr. Dixon’s statements.
Mayor Wheat and Council Members began long discussion regarding the following
topics: importance of mission statement and staying focused on the course that was
approved; what that future course would be with financial responsibility and
sustainability; what would Westlake look like without an ad valorem tax and what would
Town Council Minutes
09/23/10
Page 2 of 4
it look like with one; discussed estimates and forecasts prepared by Town Manager and
Finance Director; reviewed history and forecasts of sales/use tax dollars; discussed
areas where costs have been cut and does it make sense to cut more; Deloitte’s
sales/use tax estimates; if more cuts are made, where would they be made and what
would that look like; should the Council wait one more year and analyze financial status
again; exploration of any and all options of other revenue streams; possibility of
repealing or lowering tax the next year if implemented and economy recovers; reasons
why majority of residents came to Westlake; what the costs are to our bottom line if we
wait to implement ad valorem tax; possible option to refinance bonds to lower debt
payments; is “shared services” between Town and Academy best option; desire for Staff
to separate and state direct and indirect costs to operate school in Town financials;
citizens opinions within the community about our financial sustainability; and Town’s
efforts to demonstrate transparency.
Mayor Wheat redirected the conversation and asked the Council to discuss cost cutting
measures/suggestions that have been made to her and other Council Members by the
citizens of Westlake. Each suggestion was read and discussed by all members of the
council. The suggestions were as follows: Municipal and Academy salary reductions;
outsourcing Fire/EMS services; across the board cuts for municipal services; outsourcing
management of or privatizing Westlake Academy; creating a regional IB charter school
with support from other school districts; no capital improvement expenditures in future;
closing the Academy; additional revenue generators; implementing Tax Increment
Financing (TIF); setting the lowest ad valorem rate as possible and lower than
surrounding communities; future daycare with before-after school care at Westlake
Academy; additional utility surcharges; move the Academy out and lease any space
leftover after Town Administration moves back in; move Town Administration into
Academy buildings but place classrooms in portables as needed (except for Municipal
Court); issue bonds for FM 1938 improvements and/or put it to a vote by the citizens;
put to vote any bond issuance for trail/park improvements; and cease any further bond
issues.
Council Member Tim Brittan had to leave the meeting at 7:13 p.m.
Council Members Rick Rennhack and Clif Cox both voiced their opinions and desire to
wait one more year before passing an ad valorem tax and evaluate the option again at
that time.
Finance Director Debbie Piper handed out several different scenarios of a 5 Year
Financial Forecast with CIP to all Council Members. Several questions were asked for
clarification of the format and numbers presented. Mayor Wheat stressed that without
the implementation of a tax, she was very concerned with the number of operating days
in the General Fund reserve being so high at 150 days and requested several different
scenarios and tax rates for consideration as the Town policy is to hold 90 operating
days in General Fund reserves.
Finance Director Piper explained the difference in scenarios (proposed tax rates) of the
various forecasts presented to Council. Council Member Cox confirmed that the
forecasts presented included the most recent data reported on sales/use tax revenues
Town Council Minutes
09/23/10
Page 3 of 4
received. The scenario presented with enough money reserved in the General Fund for
90 operating days used a proposed rate of approximately $0.17 cents and Council
Member Rennhack asked if that forecast also covered the immediate needs of the
Capital Improvement Projects (CIP) schedule. Public Works Director Jarrod Greenwood
confirmed that it does with the exception of the roadwork needed along the edge of
Roanoke Road, northwest of SH 170. This repair project is not on the proposed CIP
schedule to occur until 2011/2012.
Mayor Wheat and the Town Council asked Town Staff additional questions and
discussed a list of Unfunded Projects reflected on the CIP portion of the forecasts
presented. Several questions and clarifications were asked of Finance Director Piper
concerning the various scenarios and the use of Economic Development funds. Much
discussion ensued regarding capital projects such as street repairs, trails, and ground
storage for water. All Council Members were in consensus that the CIP schedule needs
to be reviewed after the budget is approved and projects placed in priority order so that
as funds are available, Town Staff will know which projects to complete first.
Finance Director Piper asked for direction from the Mayor and Council as far as having
any additional scenarios ready for their review prior to the September 29, 2010, Public
Hearing and Council Meeting in which the budget will be presented for approval.
Council Member Cox wanted to see a scenario with the FM 1938 Street Enhancement
project dollars removed and stated that he thought we should put that project up for a
citizen vote. A discussion began regarding the breakdown of these funds and the
timing of the project improvements, developer costs, contributions to date, TXDoT
control of the joint project, streetscaping plans and a timeline for the project to help
with future streetscaping and beautification decisions.
Mayor Wheat asked Finance Director Piper to go ahead and remove the FM 1938
streetscaping dollars in one of the scenarios, along with preparations of a few other
scenarios removing various CIP projects, and have ready for the Council’s review at the
September 29, 2010 meeting in order to help them in the ad valorem tax decision with
the lowest rate possible, if implemented.
3. COUNCIL RECAP / STAFF DIRECTION
None
4. COUNCIL CALENDAR
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
September 27, 2010
- Council Meeting (adoption of budget)
September 29, 2010
- Council Meeting
Town Council Minutes
09/23/10
Page 4 of 4
October 25, 2010
- WHPS Living History Presentation
October 26, 2010 (7:00 pm WA Performance Hall)
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
5. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the
meeting at 8:50 p.m.
APPROVED BY THE TOWN COUNCIL ON JANUARY 24, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
09/29/10
Page 1 of 9
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
September 29, 2010
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney L. Stan Lowry,
Assistant to the Town Manager (and Acting Town Secretary)
Ginger Awtry, Public Works Director Jarrod Greenwood, Municipal
Court Administrator Amanda DeGan, Facilities and Recreation
Director Troy Meyer, Finance Director Debbie Piper, Interim Fire
Chief Richard Whitten, Planning and Development Director Eddie
Edwards, Director of Human Resources and Administrative
Services Todd Wood, Senior Administrative Assistant Trish
Landers, Westlake Academy Administrative Coordinator Ben
Nibarger and Management Intern Scott Dixon.
Workshop Session
1. CALL TO ORDER
Mayor Laura Wheat called the workshop to order at 5:40 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM SEPTEMBER 29,
2010, COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat asked the Council Members if they had any comments concerning items
on the Regular Meeting’s consent agenda. Council Member Clif Cox mentioned that
there were a few typographical errors in the minutes presented that he would like to
see corrected. Other Council Members agreed and asked that they be corrected prior to
posting as approved.
3. EXECUTIVE SESSION
The Council conducted will conduct a closed session pursuant to Texas Government
Code, annotated, Chapter 551, Subchapter D for the following:
Town Council Minutes
09/29/10
Page 2 of 9
a. Pursuant to Texas Government Code Section 551.087: Deliberation
Regarding Economic Development Negotiations – The Town Council will
deliberate the offer of a financial or other incentive to a business
prospect.
4. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 6:28 p.m.
5. DISCUSSION REGARDING THE PROPOSED FISCAL YEAR 2010-2011
MUNICIPAL BUDGET AND FIVE (5) YEAR CAPITAL IMPROVEMENT PROGRAM.
Mayor Wheat explained to the Council Members that the best process for the workshop
and meeting agenda is for the Council to discuss and decide want they want to do with
the budget numbers and possible ad valorem tax while in the workshop. This is so the
related motion and possible tax rate decision can be finalized and set in the regular
meeting.
Town Manager Tom Brymer elaborated on this process and went on to explain the
layout of the proposed budget numbers and scenarios as requested and presented for
their review and discussion.
The Town Council was asked to walk through the different scenarios presented,
including possible tax rates (anywhere from 0% to 25%) to help them in their decision
to implement an ad valorem tax and if so, at what rate to achieve optimum financial
feasibility. Town Manager Brymer continued to explain to the Council Members that the
latest handouts presented to them contain four different scenarios and have modified
Capital Improvement Program (CIP) numbers, along with a summary sheet to help
differentiate between them. Mr. Brymer went on to explain that these additional
scenarios were the newest ones requested/discussed at the September 23, 2010,
meeting.
Council and Staff began walking through the different scenarios, budget numbers and
CIP and a lengthy discussion began. Items discussed were as follows: setting of an ad
valorem tax rate with understanding of the rate division into Interest and Sinking (I&S)
and Maintenance & Operations (M&O) rates; effects of raising and lowering the
different rates; possible roll back of rates; and debt restructuring. Financial Investment
Consultant Tom Lawrence was present at the workshop and called upon by the Council
and Town Manager to answer the Council’s specific questions and to gain a better
understanding of bond rates, debt refinancing, restructuring, new issuance, current
market, difference in bond ratings, refinancing on an annual basis, existing debt, etc.
The discussion turned to capital projects and prioritization of them in conjunction with
the potential tax revenue stream to fund. Topics discussed in detail included the
following: immediate needs within the CP; street repairs; FM 1938 streetscaping; park
improvements; trails; effects of further delay with CIP projects due to lack of revenue
stream and poor economy; effects of spending down the General Fund year after year;
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09/29/10
Page 3 of 9
Council Members Clif Cox and Rick Rennhack stated at various points during discussions their
desire to wait one more year and reevaluate the need for an ad valorem tax every year
because they are not convinced that it is a critical need this year. Council Members Langdon
and Brittan stated at various points they believe it is the Council’s fiduciary, legal and moral
obligation to carry out the fiscal responsibility of the Town. They also stated their confidence
that the budget has been scrubbed to reflect the Town’s vision in a very conservative manner
while applying the “excellence factor” across the board. Mayor Wheat stated she believes there
are real costs in waiting another year and understands the magnitude of this tax decision but
she does not believe it makes sense to continue another year of spending down the Fund
Balance and pass off this decision another year. Town Manager Brymer stated he realizes the
difficulty in this tax decision and the importance to stabilize the General Fund due to the
volatile nature of the sales/use tax while addressing the capital needs in a fiscally responsible
manner today, with proper planning and without jeopardizing the future of the Town and its
assets.
Mayor Wheat asked each Council Member where they stood on a property tax and possible
rate, after all of this discussion, to ensure that they have a better idea of their direction
regarding the approval of the budget and possible property tax during the regular meeting;
reminding them that a decision on how to spend/prioritize dollars for the CIP does not have to
be made during this meeting but a decision is necessary regarding the budget and possible ad
valorem tax.
6. COUNCIL RECAP / STAFF DIRECTION
None
7. ADJOURNMENT
There being no further business, Mayor Wheat adjourned the workshop at 8:49 p.m.
Regular Session
1.
CALL TO ORDER
Mayor Laura Wheat called the meeting to order at 9:06 p.m.
2.
PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS AND RECOGNITIONS
Presentation of the Scenic City Gold Level Certification – Director of Planning &
Development Eddie Edwards provided background information and explained the
significance of the gold level Scenic City award certification. He stated that Westlake
was one of only four cities awarded a Gold rating in Texas. Mr. Edwards told the
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Page 4 of 9
Council that he received many congratulatory comments at the award luncheon from
others and how they were amazed that a city of Westlake’s size and level of staffing
could achieve the Gold level. Mayor Wheat joined staff members for a photo and
offered her congratulations. She added how proud she is that we have met this
achievement and appreciates the excellent work by our staff.
Several citizens were in attendance and asked to address the Council regarding the
possible implementation of an ad valorem tax. Those speaking are as follows:
Wayne Stoltenberg
of 2006 Rock Dove Court; Mr. Stoltenberg stated his appreciation to
past and present Council Members for their willingness to address key issues such as
improved infrastructure needs instead of building a community center or new town hall
and his appreciation for bringing Westlake Academy to the community. Secondly,
Mr. Stoltenberg shared the reasons why he moved to Westlake and stated that he
believes the school adds value to both the community and his property value. Thirdly,
while he understands the economic climate and thoughts to now tax, he does feel it to
be very noble to hold off and wait without spending any capital dollars.
Allan Werst
– 4035 Aspen Lane; Mr. Werst thanked the Council for the respectfulness of
their words and actions during the entire process. He stated his reasons for moving to
Westlake and of his opinion that we should wait one more year to implement a tax and
see where we are in our financial sustainability at that time.
Rob Scott
of 1820 Broken Bend Drive; Mr. Scott thanked the Council for taking on the
difficult topic of taxes. He stated he understood the need for a property tax and his
concerns have more to do with how we will use the tax dollars and prioritize our
spending.
David Rollins
of 13239 Roanoke Road; Mr. Rollins feels the Council is already resigned
to implementing a tax and feels voting for this is the easy way out. He is opposed to
the property tax and would like to see the Town Council and Staff strives to be more
creative and apply the IB characteristics that we ask our Academy students to model.
Darcy Anderson
of 2005 Wood Thrush Court; Mr. Anderson thanked the Council for
their openness, dialogue, transparency and all they are doing with this tough tax
decision. Mr. Anderson stated he believes in the vision statement but we do have a
unique situation with the school. He asked the Council to please look to the future as
we move forward and carefully consider before taking on new debt and that we work
aggressively to reduce or repeal any tax that may be put in place tonight.
John Miller
of 1205 Perdenales Trail; Mr. Miller stated he too, feels Westlake has a fine
Council and appreciates their service. He added that he understands while we may not
need to delay the property tax, he would like to set the rate where it is adequate to
remain in place for years to come and avoid coming back every year to raise the rate.
Mr. Miller also shared where he believes the potential revenue should be spent first.
Mayor Wheat thanked all of the citizens for their comments and added that she is very
proud to serve beside these Council Members and the Town staff.
Town Council Minutes
09/29/10
Page 5 of 9
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on August 25, 2010.
b. Consider approval of the minutes from the meeting held on August 30, 2010.
c. Consider approval of the minutes from the meeting held on September 8, 2010.
d. Consider approval of the minutes from the meeting held on September 16, 2010.
e. Consider approval of Resolution 10-26, Appointing members to the Westlake
Academy Foundation Board.
f. Consideration of Ordinance 644, Approving Rates and a Settlement Agreement
with Atmos Mid-Tex.
g. Consider approval of Resolution 10-27, approving the destruction of the
Westlake Academy records in compliance with the Texas State Library and Archive
Commission schedules.
MOTION: Council Member Rick Rennhack made a motion to approve items a
through g. of the consent agenda. Council Member Carol
Langdon seconded the motion. The motion carried by a
vote of 4-0.
5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 645,
ADOPTING THE TOWN OF WESTLAKE REVISED BUDGET FOR FISCAL YEAR
ENDING SEPTEMBER 30, 2010, AND ADOPTING THE PROPOSED BUDGET FOR
FISCAL YEAR ENDING SEPTEMBER 30, 2011, AND PROVIDING
AUTHORIZATION TO THE TOWN MANAGER TO APPROVE APPROPRIATED
FUNDS UP TO $25,000.
Mayor Wheat opened the Public Hearing at 9:34 p.m. She acknowledged that it seems
backwards to approve the budget first, prior to a decision on the property tax, but the
State law requires that order.
Town Manager Tom Brymer began this agenda item discussion with a PowerPoint
presentation summarizing the route taken to-date with Westlake’s financial sustainability.
This presentation included historical revenue streams/trends, operating and capital
expenditures history, financial forecast, resident survey results, and expressing the Town
Staff’s desire to continue performing all services at the highest level while keeping our
resources aligned.
Mayor Wheat closed the public hearing at 9:42 with no one wishing to speak.
Mayor Wheat asked all Council Members to look again at the different tax rate scenarios
and budget numbers presented in final preparation of their decision. She went through
each scenario one by one, asking for every Council Members’ insight and final thoughts
before the vote.
A lengthy discussion ensued with the Mayor, Council Members, Town Manager and
Finance Director Debbie Piper walking through the various scenarios and the CIP. Mayor
Wheat summarized the discussion stating that it appears we now have five people on the
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09/29/10
Page 6 of 9
Council agreeing with the fiduciary responsibility that a minimum tax is necessary but
there is a disagreement in the timing of the implementation. She also stated that while it
is not a popular decision, it is one that has been discussed for several years now and is
necessary to maintain Westlake’s vision and its future.
MOTION: Council Member Tim Brittan made a motion to approve
Ordinance 645 as presented, including the authorization to the
Town Manager to approve appropriated fund up to $25, 000, and
replacing the CIP schedule reflected in Scenario #3 as an Exhibit
to include the following changes: Trail/Park improvements and
West Parking improvements moved to Unfunded Projects and
Temporary Classrooms moved to the WA budget. Council Member
Langdon seconded the motion. The motion carried by a
vote of 4-0.
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 646, LEVYING MUNICIPAL
AD VALOREM TAXES FOR THE 2010 YEAR IN ACCORDANCE WITH THE 2010-
2011 FISCAL YEAR BUDGET.
Town Manager Brymer introduced the ordinance, explained the exemptions, the
estimated collection rate of 98%, and presented a short PowerPoint presentation to
help summarize the issues at hand.
Discussion ensued (including a whiteboard exercise) among the Mayor and Council,
Town Manager, Town Attorney L. Stan Lowry and Financial Consultant Tom Lawrence
regarding all of the possible tax rates and nuances when setting I&S and M&O rates so
the Council can determine the lowest rate needed. Additional opinions and topics were
discussed in length included the following: exemptions allowed, future action to rebate
and/or lower the tax, various tax laws, rollback specifics, Truth in Taxation, future
debt/bond issuance, 4B funds, timing and notifications regarding Certificates of
Obligation, and future revenue streams. Multiple discussions continued regarding the
setting of a tax rate tonight and a consensus was obtained of all Council Members that
a property tax is inevitable but the timing to implement is still not agreed upon.
MOTION: Council Member Clif Cox moved to not implement a property tax
and explore a property tax in the coming year. Council Member
Rennhack seconded the motion. The motion failed
due to a 2-3
vote.
Another discussion took place to set the particular rates of the ad valorem tax and all
Council Members agreed with the following: an I&S rate of $0.0039 and a M&O rate of
at $0.1562 for a total ad valorem tax rate of $0.1601 per $100 valuation.
MOTION: Council Member Brittan made a motion to approve Ordinance
646 as presented with an I&S rate of $0.0039 and an M&O rate
of $0.1562 for a total ad valorem tax rate of $0.1601. Council
Member Langdon seconded the motion. The motion carried by a
vote of 3-2. Town Attorney Lowry asked for a record of the votes
Town Council Minutes
09/29/10
Page 7 of 9
by roll call. They are as follows: Ayes: Council Members
Brittan, Langdon and Mayor Wheat; Nays: Council Member Cox
and Rennhack
7. CONSIDERATION OF RESOLUTION 10-28, RATIFYING THE MUNICIPAL AD
VALOREM TAX INCREASE.
Town Attorney Lowry explained this item’s provision in the Texas tax code as a required
step; effectively a ratification for tracking properly in the tax code. He explained that
since Westlake previously had a zero tax rate, we must slightly modify the way the tax
code reads and do so by a specific motion in order to comply with the tax code.
MOTION: Council Member Langdon made a motion to adopt Resolution
10-28 moving that the property tax rate be increased by the
adoption of the tax rate of $0.1601 which is in increase from zero
to $0.1601 I cannot give a percentage of zero which is more
specifically described which is more described in Ordinance 646.
Council Member Brittan seconded the motion. The motion carried
by a vote of 3-2. Council Member Cox and Rennhack opposed.
8. CONSIDERATION OF RESOLUTION 10-29, APPROVING A CONTRACT WITH
TARRANT COUNTY FOR THE COLLECTION OF AD VALOREM TAXES.
MOTION: Council Member Cox made a motion to approve Resolution 10-
29. Council Member Brittan seconded the motion. The motion
carried by a vote of 4-0.
9. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-30, APPROVING A
CONTRACT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP FOR
DELINQUENT TAX COLLECTION.
MOTION: Council Member Rennhack made a motion to approve
Resolution 10-30. Council Member Cox seconded the motion.
The motion carried by a vote of 4-0.
10. CONSIDERATION OF RESOLUTION 10-31, ESTABLISHING A 20% PENALTY
ON DELINQUENT AD VALOREM TAXES AS ALLOWED BY THE TEXAS TAX CODE.
MOTION: Council Member Cox made a motion to approve Resolution 10-
31. Council Member Rennhack seconded the motion. The
motion carried by a vote of 4-0.
11. FUTURE AGENDA ITEMS
a. Discussion regarding the formation of and direction to be given to the Town of
Westlake Green Team.
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09/29/10
Page 8 of 9
Mayor Wheat submitted this item. Council Member Langdon made a motion to
include this item on a future agenda and Council Member Rennhack seconded
the motion.
b. Policy considerations for use of Westlake Academy facilities during the summer
months.
Mayor Wheat submitted this item. Council Member Rennhack made a motion to
include this item on a future agenda and Council Member Langdon seconded the
motion.
12. COUNCIL RECAP / STAFF DIRECTION
Town Manager Brymer reiterated the Council’s earlier comments to invite Tom
Lawrence back in the near future to discuss future debt issuance and for Town Staff to
look into the 4B Funds usage restrictions and allowances to better utilize this funding
source.
13. COUNCIL CALENDAR
- Town Council Meeting
October 25, 2010
- Westlake Historical Preservation Society (WHPS) Living History Presentation
October 26, 2010 (7:00 pm, WA Performance Hall)
- Annual Texas Municipal League (TML) Conference
October 26-29, 2010 (Corpus Christi, TX)
- Annual WHPS Meeting
November 4, 2010 (Home of Wayne and Karen Stoltenberg)
- Town Council Meeting
November 8, 2010
14. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
The Council conducted a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Pursuant to Texas Government Code Section 551.087: Deliberation
Regarding Economic Development Negotiations – The Town Council will
deliberate the offer of a financial or other incentive to a business
prospect.
MOTION: Council Member Rennhack made a motion to approve
Resolution 10-32, approving a Memo of Understanding and
authorizing the Town Manager to enter into and execute an
Economic Development Agreement with Solera Holdings. Council
Member Langdon seconded the motion. The motion carried by a
vote of 4-0.
Town Council Minutes
09/29/10
Page 9 of 9
15. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Cox seconded the motion. The motion carried by
a vote of 4-0.
Mayor Wheat adjourned the meeting at 1:25 a.m. on Friday, September 30, 2010.
APPROVED BY THE TOWN COUNCIL ON JANUARY 24, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
11/08/10
Page 1 of 7
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL SPECIAL AND REGULAR MEETINGS
December 13, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon,
John Miller and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant to the Town Manager Ginger
Awtry, Public Works Director Jarrod Greenwood, Facilities and
Recreation Director Troy Meyer, Finance Director Debbie Piper,
Planning and Development Director Eddie Edwards and Fire Chief
Richard Whitten.
The Town Council met at 4:00 p.m., for a tour of the Deloitte University Campus at
2501 Westlake Parkway, Westlake, TX 76262.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 6:02 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM DECEMBER 13,
2010, COUNCIL REGULAR MEETING AGENDA.
Council Member Langdon asked if we had a Junior Historical Board.
Mayor Wheat asked for the November 1, 2010, minutes to reflect that she approached
John Miller regarding the Council vacancy.
3. EXECUTIVE SESSION – Convened at 6:06 p.m.
Town Council Minutes
12/13/10
Page 2 of 7
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. 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:
1.
2.
Rosevear and Simonetti vs. Town of Westlake
Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the
purchase, exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
4. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:32 p.m.
Mayor Wheat closed the regular meeting at 7:32 p.m. to convene the Regular meeting.
5. PRESENTATION AND DISCUSSION OF THE PROPOSED WATER AND
WASTEWATER RATES.
This item was discussed during the regular meeting.
6. PRESENTATION AND DISCUSSION OF FIVE YEAR CAPITAL IMPROVEMENT
PLAN, THE FY 2010-11 CAPITAL PROJECTS BUDGET, AND POTENTIAL
BOND ISSUANCE TO FUND SAME.
This item was discussed during the regular meeting.
7. COUNCIL RECAP / STAFF DIRECTION
- None
8. ADJOURNMENT
Town Council Minutes
12/13/10
Page 3 of 7
Mayor Wheat adjourned the workshop at 7:32 p.m.
Regular Session
1.
CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:32 p.m., with all Council Members
present.
2.
PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS AND RECOGNITIONS
There was no one wishing to address the Council.
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on November 1, 2010.
b. Consider approval of the minutes from the meeting held on November 8, 2010.
c. Consider approval of Resolution 10-39, Establishing regular meeting dates and
procedures.
d. Consider approval of Resolution 10-40, Authorizing the Town Manager to
provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all
amounts collected in the definition of gross receipts.
e. Consider approval of Resolution 10-41, Appointing one member to the
Westlake Historical Preservation Society board.
f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention.
g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages,
Article II, Sale, Section 6-36, License or permit; fees.
h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid
Waste and Recycling services with Allied Waste Services.
i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter
average and water and sewer wholesale rate pass-through provision.
Town Council Minutes
12/13/10
Page 4 of 7
j. Consider approval of Ordinance 651, Amending water and waste rates.
k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY
2010-2011Five (5) Year Capital Improvement Plan.
l. Consider approval of Resolution 10-45, Authorizing the Town Manager to
negotiate and enter into an agreement with MCImetro Access Transmission
Services LLC a wholly owned subsidiary of Verizon business, for the use of the
town’s telecommunication ductbank.
Mayor Wheat asked the Council to pull items i-k of the consent agenda for discussion.
Mayor Wheat then called for a motion to approve items a-h and l of the consent
agenda.
MOTION: Council Member Cox made a motion to approve items a-h and
item l of the consent agenda. Council Member Miller seconded the
motion. The motion carried by a vote of 5-0.
After concluding items 5 and 6 of the agenda, Mayor Wheat asked for discussion
regarding item 4i of the consent agenda.
Discussion ensued regarding the fix cost rates and the Town’s water conservation
values.
MOTION: Council Member Cox made a motion to approve item i of the
consent agenda. Council Member Miller seconded the motion.
The motion carried by a vote of 5-0
Mayor Wheat asked for discussion regarding item 4j of the consent agenda.
Town Manager Brymer and Public Works Director Jarrod Greenwood provided an
overview of the rate amendment.
Discussion ensued regarding the rate structure, the methodology used, and how the
rates were calculated to cover the cost of water and utility system capital expenditures.
MOTION: Council Member Cox made a motion to approve item j of the
consent agenda. Council Member Miller seconded the motion.
The motion carried by a vote of 5-0
Mayor Wheat asked for discussion regarding item 4k of the consent agenda.
Town Manager Brymer and Finance Director Piper provided an overview of the five (5)
year Capital Improvement Plan. Finance Director Piper provided an overview of the
summary sheet provided to the Council delineating a cost breakdown by project.
Town Council Minutes
12/13/10
Page 5 of 7
Discussion ensued regarding the ground storage and elevated tank maintenance, how
issuing future debt is factored into the budget preparation, and the process of issuing
Certificates of Obligation.
Discussion also ensued regarding the impact to the I&S tax rate analysis excluding gas
well revenue, refurbishing the Art room to accommodate additional seating for the
cafeteria and how to prioritize the unfunded items on the CIP list.
Town Manager Brymer stated once the CIP is adopted as presented staff will be moving
forward with the required steps necessary to issue debt.
Guidance from Council
- move forward with the Notice of Intent to issue CO’s.
Council Brittan asked to spend time with Director Greenwood and Director Meyer how
the funds will be allocated on projects around town.
MOTION: Council Member Brittan made a motion to approve item k consent
agenda. Council Member Cox seconded the motion. The motion
carried by a vote of 5-0.
5. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-43, APPROVING SITE
PLAN FOR PROPERTY ADDRESSED 2301 H.S. 377, LOT 1, BLOCK 1, OF THE
WESTLAKE CORNERS NORTH SUBDIVISION ZONED PD 3-11 FOR THE
CONSTRUCTION OF A CONVENIENCE STORE / GAS STATION.
This item was discussed prior to the approval of the items i-k of the consent agenda.
Planning and Development Director Edwards provided an overview of the QuickTrip site
plan and new prototype structure. Director Edwards also provided an overview of the
staff recommendations and Planning and Zoning contingencies.
Jake Petres, QuickTrip, 1120 N Industrial Blvd., Euless, Texas stated they think the
project should take approximately 26 weeks and they are excited to get started.
MOTION: Council Member Cox made a motion to approve Resolution 10-
43 contingent upon the inclusion of staff recommendations.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 5-0.
6. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-44, APPROVING SITE
PLAN FOR PROPERTY ADDRESSED 2341 S.H. 377, LOT 2, BLOCK 1, OF THE
WESTLAKE CORNERS NORTH SUBDIVISION ZONED PD 3-11 FOR THE
CONSTRUCTION OF A LIQUOR STORE.
Planning and Development Director Edwards provided an overview of the Centennial
building site plan and structure. Director Edwards also provided an overview of the
Town Council Minutes
12/13/10
Page 6 of 7
Staff recommendations and Planning and Zoning contingencies. Director Edwards also
stated that they have committed to use the same lighting fixtures as the other
properties.
John Dickerson, 8333 Douglas, Dallas, Texas, provided the history of Centennial and
stated the owners are very excited to be in Westlake.
MOTION: Council Member Brittan made a motion to approve Resolution
10-44 contingent upon the inclusion of staff recommendations.
Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
7. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071: 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:
1.
2.
Rosevear and Simonetti vs. Town of Westlake
Michael Eaton vs. Town of Westlake
b. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.072: Deliberation Regarding Real Property – to deliberate the
purchase, exchange, lease, or value of real property: Vaquero / Discovery Land.
d. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
8. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 11:16 p.m.
9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
- No action taken
Town Council Minutes
12/13/10
Page 7 of 7
10. FUTURE AGENDA ITEM
- None
11. COUNCIL RECAP / STAFF DIRECTION
- None
12. COUNCIL CALENDAR
- Town Offices Closed
December 24th, 27th and 31st
- Town Offices Closed
, 2010
January 17, 2011
- Town Council Meeting
January 24, 2011
- Town Council Meeting
February 28, 2011
13. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the
meeting. Council Member Cox seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 11:16 p.m.
APPROVED BY THE TOWN COUNCIL JANUARY 24, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
01/10/11
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
January 10, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon,
John Miller and Rick Rennhack. Clif Cox arrived at 4:20 p.m., and John Miller
arrived at 4:53 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Ginger Awtry, Finance Director
Debbie Piper, Planning and Development Director Eddie Edwards
and Fire Chief Richard Whitten.
Special Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 4:19 p.m.
2. EXECUTIVE SESSION - Convened at 4:19 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.072: Deliberation Regarding Real Property – to deliberate the
purchase, exchange, lease, or value of real property: Vaquero / Discovery Land.
3. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 4:55 p.m.
Town Council Minutes
1/10/11
Page 2 of 2
4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
MOTION: Council Member Langdon made a motion to accept the proposal
from WB Texas Resorts Communities to deliver the Vaquero Sales
trailer to be used as the new Fire Station and the cost to relocate
the trailer. WB Texas will forego $15,000.00 of the Duct Bank
impact fees and the Town will waive any liability of WB Texas
Resorts with respect to the landscaping of FM1938. Council
Member Brittan seconded the motion. The motion carried by a
vote of 4-0. Council Member Cox was absent for the vote.
5. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the
meeting at 4:55 p.m.
APPROVED BY THE TOWN COUNCIL FEBRUARY 28, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of January 24, 2011
Date: January 11, 2011
Consider a Resolution opposing legislative curtailment of municipal regulatory authority over
mineral production, exploration and development within its corporate limits.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Infrastructure maintenance and planning
The Westlake Town Council passed a resolution in 2008 urging the Texas Legislature to retain
current as well as give greater local control over the regulation of oil and gas pipelines and
facilities. There were a total of 35 cities that passed the resolution. At the request of the Town of
DISH, the Town Council passed Resolution 09-17 (on 4/13/09) opposing HB 4441 related to
authority over pipelines and above ground appurtenant facilities.
BACKGROUND
With the Texas Legislature now convening for a new session, the Mayor of DISH is again
requesting our support in opposing any proposed legislation that would seek to strip, erode, or
preempt in any way the local regulation of mineral development within the corporate limits of a
municipality. DISH will present the local municipalities as a group that support retaining this
local control by adopting this resolution.
DISH is spearheading this effort as they have within their corporate limits over 20 pipelines, 11
compressor stations, and 3 metering stations, with more planned. For that reason, DISH is a
strong proponent of local regulation of these land uses. In 2008 the City of Grand Prairie was
sued by Chesapeake Energy for attempting to require setbacks, fencing, noise abatement, etc for
a natural gas compressor station. The court ruled in the City of Grand Prairie’s favor,
determining that a municipality did have the authority to protect property values, citizens’ rights,
Page 2 of 2
etc by local regulation of this land use. In the 2009 State Legislature, bills were introduced, that
had they been approved, would have effectively stripped cities of any and all local control of
these facilities and thus, a municipal government could do nothing about it if the Texas Railroad
Commission determined it was acceptable. This position is consistent with the Texas Municipal
League’s position with the State Legislature this session, which is to oppose any and all
legislation that erodes, diminishes, or removes local control from cities.
FUNDING
N/A at this time.
:
RECOMMENDATION
Approve the Resolution.
:
ATTACHMENTS
Resolution
:
Resolution 11-01
Page 1 of 2
RESOLUTION NO. 11-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, OPPOSING LEGISLATIVE CURTAILMENT OF
MUNICIPAL REGULATORY AUTHORITY OVER MINERAL
PRODUCTION, EXPLORATION AND DEVELOPMENT WITHIN ITS
CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a Type A general law municipality located
in Denton County, and created in accordance with the provisions of Chapter 8 of the Local
Government Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, over the past decade mineral development in the Barnett Shale region of
North Texas has been prolific and fast-paced; and
WHEREAS, North Texas municipalities have responded to the rapid development of
natural gas by working diligently to produce regulations that balance the interests of operators
with those of the residents of their communities; and
WHEREAS, the Federal District Court for the Southern District of Texas first upheld the
authority of Texas municipalities to regulate oil and gas development in Tysco Oil Co. v. R.R.
Comm’n (Tysco I), 12 F. Supp. 195, 201 (S.D. Tex. 1935); and
WHEREAS, in 1944 the Galveston Court of Civil Appeals upheld a requirement that oil
and gas well operators acquire both a Texas Railroad Commission and municipal drilling permit
(Klepak v. Humble Oil & Refining Co., 177 S.W.2d, 215, 218 (Tex. Civ. App—Galveston 1944);
and
WHEREAS, the oil and gas industry has sought to nullify at least seventy-five years of
local regulation of oil and gas well development through pursuit of an industry-favored
legislative “fix”; and
WHEREAS, without local authority over oil and gas development, industry activities
would be solely governed by the Texas Railroad Commission; and
WHEREAS, the preemption of local government regulation of prolific and widespread
mineral development in favor of an overburden State agency in that of the Texas Railroad
Commission is ill-advised and ignores the need to address local concerns about mineral
development at a local level; and
WHEREAS, in light of the foregoing, the Town Board of Commissioners would
respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any
way the local regulation of mineral development within the corporate limits of a municipality.
Resolution 11-01
Page 2 of 2
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 Board of Commissioners of the Town of DISH, Texas, hereby
respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any
way the local regulation of mineral development within the corporate limits of a municipality.
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 24TH
DAY OF JANUARY, 2011.
________________________________
ATTEST: Laura L. Wheat, Mayor
____________________________ _________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Kelly Edwards, Town Secretary
Subject: January 24, 2011, Meeting
Date: January 18, 2011
Regular Consider an Ordinance calling and ordering a General election to be held on
Saturday, May 14, 2011.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
The Texas Election Code §3.004, requires the governing body of a political subdivision to order
a general election for the purpose of electing Council Members. As outlined in the order, the
term of office for the elected officials is two (2) years. (expiring May 2013.)
BACKGROUND
There are three (3) Council seats that expire May 2011. Those are Council Members Langdon,
Rennhack and the seat appointed to John Miller.
The Town of Westlake will contract with Tarrant County for the Election.
FUNDING
Approve the Ordinance
RECOMMENDATION
Ordinance
ATTACHMENTS:
Ordinance 653
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 653
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3)
COUNCIL MEMBERS TO BE HELD ON MAY 14, 2011, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE;
ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, THAT:
SECTION 1. Election Order for General Election. That an election shall be held at
the Town Offices, 3 Village Circle, in the Town of Westlake, Texas, between the hours of 7:00
a.m. and 7:00 p.m. on the 14th
day of May 2011, the second Saturday of that month, for the
purpose of electing three (3) Council Members for two (2) year terms, in accordance with
Section 23.023 of the Texas Local Government Code.
SECTION 2.
Polling Place. The polling place for the Election shall be as follows:
Westlake Town Offices
3 Village Circle
Westlake, Texas
The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 14, 2011, in accordance with and
pursuant to the requirements of the Texas Election Code (the “Code”).
The Town shall constitute a single election precinct for said election.
SECTION 3. Filing Dates. In accordance with Section 143.007 of the Code, eligible
persons wishing to become candidates must file an application with the Town Secretary of the
Town of Westlake, Texas, on or before the 14th
day of March 2011 until 5:00 o'clock p.m. Each
application shall be on a form meeting the requirements of Section 141.031 of the code.
SECTION 4.
Combined Ballots. Combined ballots may be utilized containing all of
the offices and propositions to be voted on at each polling place, provided that no voter shall be
given a ballot or permitted to vote for any office or proposition on which the voter is ineligible
to vote. The County’s voting equipment will be utilized for this election.
SECTION 5.
Early Voting. Early Voting by personal appearance shall be conducted at
the County’s Main Early Voting location;
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
Ordinance 653
Page 2 of 3
and branch offices for early voting by personal appearance shall be established as outlined in
the election agreement with Tarrant County. Steve Raborn, Tarrant County Elections
Administrator, is hereby appointed as the Early Voting Clerk and can appoint the necessary
deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas
Election Code, early voting by personal appearance shall be as set forth below:
May 2-6 (Monday – Friday) 8:00 a.m. to 5:00 p.m.
May 7 (Saturday) 7:00 a.m. to 7:00 p.m.
May 8 (Sunday) 11:00 a.m. to 4:00 p.m.
May 9 through May 10 (Monday – Tuesday) 7:00 am. to 7:00 p.m.
The Order of Election will be amended at a later date to include early voting sites added due to
joint elections with other political subdivisions.
For the purpose of processing ballots cast in early voting, the election officers for the early
voting ballot board shall be appointed and designated in accordance with the provisions of the
election agreement with the Tarrant County Elections Administrator.
Application for ballot by mail may be sent beginning March 15, 2011, but received no
later than March 30, 2011, and mailed to:
Steve Raborn
Early Voting Clerk
P.O. BOX 961011
Fort Worth, Texas 76161-0011
SECTION 6
. Notice. Notice of said elections shall be given as required by the Texas
Election Code.
SECTION 7.
Election Officials. The election judge, alternate election judge, and
ballot board will be appointed by the Tarrant County Elections Administrator, as permitted by
law. The presiding judge shall appoint elections clerks as may be necessary for the proper
conduct of the election. The election judge, or the alternate election judge in the absence of the
election judge, and the election clerks shall constitute the early voting ballot board. The
election judge, and alternate election judge, and election clerks shall be qualified voters of the
Town.
SECTION 8:
Election Results. That the three (3) candidates for Council who receive
the highest number of votes shall be elected to two (2) year terms;
The Mayor shall deliver a certificate of election to the successful candidates. If two (2)
or more candidates tie with the same number of votes so that one or more of the tied
candidates would not be elected, the Town Council shall order a second election to be held on
June 18, 2011, at which only the names of the candidates who receive the same number of
votes at the first election shall be printed on the ballot. In the event of a tie at the second
election, the tied candidates shall cast lots to determine which one shall be declared elected;
and
Ordinance 653
Page 3 of 3
SECTION 9.
Governing Law. The election shall be held in accordance with the
Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters
of the Town shall be eligible to vote at the election.
SECTION 10.
Submission to the United States Justice Department. The Town
Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such
submissions as are necessary to the United States Justice Department to seek pre-clearance as
required by law.
SECTION 11.
Necessary Actions. The Mayor and the Town Secretary, in
consultation with the Town Attorney, are authorized and directed to take all actions necessary
to comply with the provisions of the Texas Election Code, and the Town Code in carrying out
and conducting the election, whether or not expressly authorized by this Order.
SECTION 12.
Severability Clause. It is hereby declared to be the intention of the
Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are
severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this order, since the same would have been enacted by
the Town Council without the incorporation in this order of any such invalid or unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 13.
Effective Date. This order shall be effective upon its adoption.
PASSED AND APPROVED by the Town Council of the Town of Westlake, Texas, on
this 24th
day of January 2011.
APPROVED:
_____________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED:
______________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of January 24, 2011
Date: January 12, 2011
Consider a resolution authorizing the Town Manager to execute a contract between the Town of
Westlake, and the Cities of Keller, Southlake, and Fort Worth, Texas relating to billing for
treated water through the future Southlake 30” waterline along FM 1938.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Infrastructure maintenance and planning
Town Council approved the current City of Fort Worth wholesale water contract at the regular
meeting on August 30, 2010. This new 20 year wholesale water contract replaced the previous
one that expired on December 31, 2010. The proposed billing contract (see Attachment 1)
accommodates a future Westlake water connection along FM 1938 (see Exhibit “A”).
Additionally, this agreement has recently been approved by the Keller, Southlake, and Fort
Worth City Councils.
BACKGROUND
The City of Southlake has requested to install a 30” waterline along the east side of FM 1938,
from Randol Mill Ave. to SH 114, within Town owned property. For Southlake’s use, Westlake
will be allowed to have a new metered connection and all rights and privileges to the use of the
waterline. However, the City of Fort Worth had to approve of the new Westlake connection and
water usage. The proposed contract secures Fort Worth’s approval and provides a billing
methodology for the future Westlake water connection along FM 1938 and an allocation of 2
MGD (million gallons per day). This billing contract establishes fair and reasonable methods to
split peaking charges for maximum day and maximum hour usage. It also provides a calculation
for splitting the cost of any discrepancies between the City of Fort Worth billing meters and the
downstream customer meters. The contract also incorporates the future City of Southlake and
Town of Westlake meters on the FM 1938 water supply line. The Town of Westlake and the
Cities of Southlake and Keller’s staff members and attorneys reviewed the proposed contract.
The Fort Worth City Council approved this contract on December 14, 2010. This contract will
become effective sixty (60) days after approval by the four (4) cities and will expire on
September 30, 2031, along with the new Fort Worth Wholesale Water Purchase Agreement that
was approved by Council on August 30th
.
There is no fiscal impact to the budget.
FUNDING
Staff recommends approval.
RECOMMENDATION
Resolution
ATTACHMENTS:
Attachment “1” – Contract between Westlake, Keller, Southlake and Fort Worth related
to the billing for treated water
Exhibit “A” - Location Map
Resolution 11-02
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 11-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
BETWEEN THE TOWN OF WESTLAKE AND THE CITIES OF FORT WORTH,
KELLER, SOUTHLAKE, AND THE TOWN OF WESTLAKE, RELATED TO THE
BILLING FOR TREATED WATER THROUGH THE FUTURE SOUTHLAKE 30”
WATERLINE ALONG FM 1938.
WHEREAS, the provision of water service throughout the Town of Westlake is of vital
importance to the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to secure and maintain an adequate potable water source
for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to provide water services for its citizens; and
WHEREAS, the Town Council find that securing an additional metered water
connection provides sound infrastructure planning consistent with goals and objectives within
the adopted strategic plan; and
WHEREAS, the Town of Westlake’s future metered connection to the water supply line
owned by the Cities of Keller and Southlake, and desires to be billed separately by the City of
Fort Worth; and
WHEREAS, the City of Fort Worth is willing to contract with all three (3) municipalities
to furnish separate billing services, in accordance with the terms and conditions set forth in said
contract between the Cities of Fort Worth, Keller, Southlake, and the Town of Westlake,
attached hereto as Attachment 1.
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.
All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Resolution 11-02
Page 2 of 2
SECTION 2.
The Town Council of the Town of Westlake hereby approves the contract
between the Town of Westlake, and the Cities of Keller, Southlake, and Fort Worth, Texas
relating to billing for treated water through the future Southlake 30” waterline along FM 1938,
attached as Attachment 1 , 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.
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 24TH
DAY OF JANUARY, 2011.
_________________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ __________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
CONTRACT BETWEEN THE CITIES OF FORT WORTH, KELLER,
SOUTHLAKE AND WESTLAKE RELATED TO THE
BILLING FOR TREATED WATER
WHEREAS, on or about the 16th day November, 2010, the cities of Fort Worth
and Keller entered into a contract for the provision by Fort Worth of treated water to
Keller, such contract being City of Fort Worth City Secretary Contact No.C-41100; and
WHEREAS, on or about the 16th day November, 2010, the cities of Fort Worth
and Southlake entered into a contract for the provision by Fort Worth of treated water to
Southlake, such contract being City of Fort Worth City Secretary Contact No. C-41110;
and
WHEREAS, on or about the 16th day November, 2010, the cities of Fort Worth
and Westlake entered into a contract for the provision by Fort Worth of treated water to
Westlake, such contract being City of Fort Worth City Secretary Contact No. C-41112;
and
WHEREAS, the cities of Keller and Southlake entered into a contract between
themselves related to the provision of treated water by Southlake to Keller, such treated
water being provided to Southlake by Fort Worth; and
WHEREAS, the City of Fort Worth authorized the resale of treated water by
Southlake to the City of Keller; such contract being City of Fort Worth City Secretary
Contract No. 17683; and
WHEREAS, the City of Fort Worth hereby authorizes Westlake’s additional point
of connection and the joint use of the T.W. King Water Supply Line with Southlake; and
WHEREAS, Keller, Southlake and Westlake desire to enter into a contract with
Fort Worth related to the billing for treated water delivered to Keller by Southlake and
Southlake to Westlake including provisions related to billing for lost water according to
the methodology described in the memo issued by Freese and Nichols, dated April 25,
2010 which shall be included in the contract; and
WHEREAS, the City of Fort Worth is agreeable to provide billing services related
to the treated water provided by Keller, Southlake and Westlake subject to and solely
pursuant to the terms and conditions stated below.
NOW, THEREFORE, THE CITIES OF KELLER, SOUTHLAKE,
WESTLAKE AND FORT WORTH AGREE AS FOLLOWS:
1.
TERM
The Agreement shall be effective upon the date the last party fully executes the
contract and shall terminate on September 30, 2031, unless terminated earlier as provided
herein. It may be renewed on terms mutually agreeable to the parties.
2.
RATES FOR WATER TAKEN
The rates to be charged for treated water delivered by Fort Worth to the Cities of
Keller, Southlake and Westlake (hereinafter referred to as "the Cities") shall be equal to
the volume rates and rate of use charges currently in effect and as they may change from
time to time, all in accordance with City of Fort Worth City Secretary Contracts C-41100,
C-41110 and C-41112, such contracts being hereinafter referred to collectively as the
“Contracts.”
3.
DETERMINATION OF UNACCOUNTED WATER LOSSES;
ALLOCATION TO EACH PARTY FOR BILLING PURPOSES
A. Two factors shall be used to determine unaccounted water loss: 1) the interior
surface area of the water supply pipeline required to deliver flow to each city’s
delivery point as determined in Section 4; and 2) the recorded actual water usage,
as described in Section 5.
B. A city which does not take any flow during the monthly billing period shall not be
assessed an unaccounted water loss; however, if flow is not taken by any city
during any monthly billing period, then the unaccounted water loss of the
Delivery System in that monthly billing period shall be allocated proportionately
to each city based on the surface area of the water supply pipeline required to
deliver flow to each city’s delivery point.
4.
SURFACE AREA OF THE WATER SUPPLY PIPELINE
The surface area of the water supply pipeline used by each city based on the flow
paths available to convey flow to each City's delivery point are as follows:
Southlake Pearson Delivery Point: the Cities agree that the resulting average
interior surface area of pipeline that can deliver flow through both the Fort Worth
Northside II Caylor Tank through the 42-inch line and the Fort Worth North
Beach Tank through the 36-inch/30-inch line equals 240,151 square feet.
Keller Pearson Delivery Point: the Cities agree that the resulting average interior
surface area of pipeline that can deliver flow equals 240,151 square feet.
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 2 of 11
Westlake Delivery Point: the Cities agree that the resulting average interior
surface area of pipeline that can deliver flow to the future anticipated Westlake
Delivery Point is 380,494 square feet.
T.W. King Delivery Point: the Cities agree that the resulting average interior
surface area of pipeline that can deliver flow to the future anticipated Southlake
T.W. King Delivery Point is 453,405 square feet.
5.
Recorded Actual Water Usage
The total actual water delivered from all of the Fort Worth meters as shown on
Exhibit “A” shall be measured on a monthly basis. The recorded actual water usage by
each city at meters numbered 3, 4, 5 or 6 shall also be measured from each delivery point
on a monthly basis by Fort Worth pursuant to the Contracts. The sum of the water
delivered from the Fort Worth meters numbered 1 and 2 shall then be compared to the
sum of the water usage by the Cities at meters numbered 3, 4, 5 and 6. The difference
shall equal and be the total unaccounted water loss volume.
As an example only:
Table A
Total Unaccounted Water Loss Calculation
Total Fort Worth Meters
Measured
Total Sum of the Actual
Water Used at the Cities
Delivery Points
Total Unaccounted
Water Loss Volume
44 MG per Month 42 MG per Month 2 MG per MonthTA
Each city’s percentage of allocated unaccounted water loss shall then be determined on a
monthly basis by:
1. Multiplying the surface area designated for each citya in Section 4A by each city’s
recorded actual water usageb to determine the product of the two factorsc; then
2. Adding up the productscT for all of the Cities; then
3. Dividing the product of each cityc by the total sum productcT for total Cities’ to
determine each city’s percentage of unaccounted water lossd; then
4. The unaccounted water loss assessed to each citye shall be determined by
multiplying the percentage allocated to each cityd by the total unaccounted water
loss volumeTA.
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 3 of 11
As an example only:
Table B
Allocation of Unaccounted Water Losses Between Southlake, Keller and Westlake
Delivery
Point Average Interior
Surface Area of
Pipeline to Each
Cities Delivery
Pointa
Record Actual
Water Usage at
Each Cities
Meterb
Product of
Two Variables
Affecting Loss
Allocationc
% of
Allocation
of Total
Water Lossd
Actual
Unaccounted
Water Loss
Allocatione
Southlake
Pearson
240,151 20 MG per
Month
4,803,200 39.78% 0.79 MG per
Month
Keller
Pearson
240,151 12 MG per
Month
2,881,812 23.87% 0.48 MG per
Month
Westlake 380,494 2 MG per
Month
760,988 6.30% 0.13 MG per
Month
Southlake
T.W. King
453,405 8 MG per
Month
3,627,240 30.05% 0.60 MG per
Month
Total 42 MG per
Month
12,073,240cT 100.00% 2.0 MG per
MonthTA
Keller and Westlake agree that the treated water delivered to meters numbered 3,
4, 5 and 6 under this Agreement will not be added to the treated water taken by each of
them pursuant to City of Fort Worth City Secretary Contact No.C-41100 and No.C-
41112. Keller and Westlake will continue to receive separate monthly bills and a
separate annual bill under Fort Worth City Secretary Contract No. C-41100 and C-41112,
as well as monthly bills and an annual bill under this Agreement.
6.
MAXIMUM HOUR, MAXIMUM DAY CHARGES
The assessment of the maximum hour and the maximum day charges incurred at
meters numbered 1 and 2 shall be based on the volume at each city’s meter numbered 3,
4, 5 or 6 during the same maximum hour and maximum day time period and shall be
determined as follows:
A. First, to determine each city’s allocated percentage of maximum day and
maximum hour charges take each city’s recorded actual water usage for the actual
maximum hour and maximum day and divide by the total volume of meters 3
and 4 on Exhibit “A”; and meters 5 and 6 once the meters have been connected
to the system; then
B. Each city’s allocated percentage as calculated above shall be multiplied by the
total maximum day and maximum hour charge incurred from meters 1 and 2 per
the Contracts.
C. The total annual payment for water delivered to each city shall be based on the
annual and peak volumes delivered to each city during the Fiscal Year, as
determined by meters, flow recording devices or other approved methods, and as
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 4 of 11
provided in this Agreement. The October monthly payment for September’s
usage shall contain any adjustments necessary to update the calculations as
necessary to recover the annual payment for the Customer’s actual withdrawals
from the Fort Worth System (including Rate of Use Charges as defined in the
Contracts for Maximum Hour and Maximum Day Demands) for the Fiscal Year
just ended, during which the water usage occurred. Each city will be responsible
for its own portion of the settle-up amount.
D. This information shall not be used for annual billings made under City of Fort
Worth City Secretary Contracts No.C-41100, No. C-41110 and No. C-41112.
E. If any of the cities did not take water during prior year to the current billing year,
then the monthly maximum day and maximum hour charges for the current billing
year will be based on the readings from the most recent year with reading.
F. For historical information and comparison, and solely for use under this
Agreement, Fort Worth and the Cities agree that the maximum day and maximum
hour volumes shall be:
Maximum Day Maximum Hour
Keller 4.97 MGD 5.95 MGD
Southlake 18.29 MGD 20.26 MGD
Westlake To be determined at the design stage of the future meter.
This information shall not be used for annual billings made under City of Fort Worth
City Secretary Contract No.C-41100 and No. C-41112.
7.
MONTHLY CALCULATION
A. The methodology as described in Section 3 and 4 have been derived from the
consultant’s memorandum to Southlake, Keller and Westlake dated April 25,
2010 and attached as Exhibit “B”. By executing this Agreement, the Cities
acknowledge that they have had their respective utility personnel or consultants
review Exhibit “B” and that they fully understand the methodology and agree to
the calculations demonstrated therein for the purpose of billing treated water
delivered to Keller, Southlake and Westlake.
B. Except as provided in Section 5, monthly billing for water volume will be based
on meter readings for total volume from meters numbered 3, 4, 5 and 6.
C. Furthermore, attached hereto as Exhibit “C” is an example of a calculation for
billing the total water, including the maximum day and the maximum hour
charges, to each city on a monthly basis under this Agreement.
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 5 of 11
8.
METER UPGRADES
The meters, together with the meter vaults, designated as Meter 3 and Meter 4 on
Exhibit “A” attached hereto shall each be upgraded. The plans and design for the meters
and the meter vaults are subject to the written approval of Fort Worth. The existing
meters shall be replaced with transit time meters and provision shall be made for back-up
power to the meters. Further, fire hydrants will be installed on the downstream side of
the meters. Keller and Southlake entered into a contract dated January 20, 2004 detailing
the division of costs associated with the required meter installation and vault
construction, a copy of which is attached hereto as Exhibit “D”, same being Southlake
City Contract No. 04-15. Exhibit “D” is solely attached for the purpose of cost sharing
related to the upgraded meters between the Cities and for no other purpose.
9.
FUTURE ANTICIPATED METERS
It is anticipated that Southlake will construct a new meter shown on Exhibit “A”
as meter number 5 and that Westlake will construct a new meter shown on Exhibit “A”
as meter number 6. Prior to construction, each city shall submit plans and design for the
meters to Fort Worth for review and written approval of Fort Worth. Each meter shall
comply with Fort Worth standards as then in effect. Prior to delivery of water to either
meter, each meter must be inspected and approved by Fort Worth and such inspection
fees shall be the sole responsibility of the owner city. The inspection fee shall be the
same as the fee charged to Fort Worth developers.
10.
OPERATION AND MAINTENANCE OF METERS
Fort Worth shall be responsible for operating and maintaining meters numbered 3,
4, 5 and 6. In that regard, Fort Worth may either contract for any necessary repairs or
perform the work with Fort Worth employees. The Cities agree to reimburse Fort Worth
for the total cost of any required maintenance or repair. Repair and maintenance of each
meter numbered 3, 4, 5 or 6 will be paid by the owner city. The Cities shall pay for the
costs of meter calibration, meter maintenance, power to operate the meters, any upgrades
to the remote telemetry unit or meters and station, and any additional expenses for meter
reading, testing and calibrations of the meters with the costs being divided as stated
immediately above.
Calibration of meters 1 and 2 only, shall be performed as described in Section 4 of
the Contracts.
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 6 of 11
11.
OPERATION OF DELIVERY SYSTEM
“Delivery System” shall mean the system of water mains that delivers treated
water to the Cities, as represented by lines A, B, C, D, E, and F on Exhibit “A”. Fort
Worth shall never have any duty to operate and maintain the Delivery System. The Cities
in accordance with whatever contracts exist between them shall be responsible to operate
and maintain the Delivery System.
12.
PROHIBITION OF EXTENSIONS
The Cities shall not permit any extensions or connections to the Delivery System
without a written amendment to this Agreement.
13.
MEDIATION OF DISPUTES
If any dispute arises hereunder between the parties, such dispute shall be resolved
in accordance with Section 22.6 of the Contracts.
14.
EASEMENTS/All-WEATHER ACCESS
Each city, as appropriate, shall dedicate an easement to Fort Worth in order for
Fort Worth to have access to the meters numbered 3, 4, 5 and 6, as well as the meter
vaults. In addition, the Cities shall provide an all-weather access to the meter vaults.
15.
CONTRACTS CONTROLLING
To the extent that this Agreement modifies either City of Fort Worth City
Secretary Contacts No. C-41100, No. C-41110 and/or No. C-41112, this Agreement shall
control. In all other matters, the provisions of City of Fort Worth City Secretary Contacts
No. C-41100, C-41110 and C-41112 shall take precedence.
16.
TERMINATION
This Agreement may be terminated by Fort Worth at any time in its sole
discretion by giving written notice to the Cities at least sixty (60) days prior to the date of
termination. The Cities may terminate this Agreement only by mutual agreement
between the three of the cities and then by the Cities giving written notice to Fort Worth
at least sixty (60) days prior to the date of termination.
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 7 of 11
17.
EFFECT OF TERMINATION
If this Agreement is terminated, the Cities shall revert to the status and contractual
relations they were in effect prior to the execution of this Agreement.
18.
THIRD PARTY BENEFICIARIES
The provisions and conditions of this Agreement are solely for the benefit of the
parties hereto, and any of their lawful assigns or successors and are not intended to create
any rights, contractual or otherwise, to any other person or entity.
19.
NOTICES
All written notices called for or required by this Agreement shall be sufficient if
forwarded to the parties below, or such other party or address as either party designates in
writing, by certified mail, postage prepaid, or by hand delivery:
City of Fort Worth:
City of Fort Worth with a copy to: City of Fort Worth
Attn: City Manager Attn: Water Director
1000 Throckmorton P. O. Box 870
Fort Worth, TX 76102 Fort Worth, Texas 76102
City of Keller
City of Keller with a copy to: City of Keller
Attn: City Manager Public Works Director
P.O. Box 770 P.O. Box 770
Keller, Texas 76244 Keller, Texas 76244
Hand Delivery: 1100 Bear Creek Parkway, Keller, Texas 76248
City of Southlake
City of Southlake with a copy to: City of Southlake
Attn: City Manager Attn: Public Works Director
1400 Main Street, Suite 460 1400 Main Street, Suite 230
Southlake, Texas 76092 Southlake, Texas 76092
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 8 of 11
Town of Westlake
Town of Westlake with a copy to: Town of Westlake
Attn: Town Manager Attn: Public Works Director
3 Village Circle Ste. 202 3 Village Circle Ste. 202
Westlake, Texas 76262 Westlake, Texas 76262
20.
FORCE MAJEURE
If, by reason of Force Majeure as hereinafter defined, any party hereto shall be
rendered wholly or partially unable to carry out its obligations under this Agreement, then
such party shall give written notice of the particulars of such Force Majeure to the other
parties within a reasonable time after the occurrence thereof. The obligations of the party
giving such notice, to the extent affected by such Force Majeure, shall be suspended
during the continuance of the inability claimed and for no longer period, and any such
party shall be in good faith exercise its best efforts to remove and overcome such
inability.
The term “Force Majeure” as utilized herein shall mean and refer to acts of God;
strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any
kind of the government of the United States, the State of Texas, or any other civil or
military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning;
fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of
government and people; civil disturbances; explosions; breakage or accidents to
machinery, pipelines or canals; or other causes not reasonably within the control of the
party claiming such inability. Force Majeure shall not excuse the obligation of and party
hereto to pay for treated water service provided under this Agreement.
21.
NO JOINT VENTURE, PARTNERSHIP, AGENCY
This Agreement will not be construed in any form or manner to establish a
partnership, joint venture or agency, express or implied, nor any employer-employee,
borrowed servant or joint enterprise relationship by and among the parties. Each party
shall be an independent contractor and shall be responsible at all times for directing its
employees in the course of their duties. Each party shall be responsible at all times for
directing its employees in the course of their duties.
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 9 of 11
22.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
23.
GOVERNMENTAL POWERS
It is understood that by execution of this Agreement, none of the parties hereto
waive or surrender any of it governmental powers.
24.
FIRST BILLING DATE
The first billing date under the terms and conditions of this Agreement shall be sixty (60)
days from the effective date of this contract.
APPROVAL RECOMMENDED: CITY OF FORT WORTH
S. Frank Crumb, P. E. Fernando Costa
Water Department Director Assistant City Manager
Approved as to Form and Legality: Attest
_____________________ _____________________
Christa R. Reynolds Marty Hendrix
Sr. Assistant City Attorney City Secretary
Date:__________________
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 10 of 11
BILLING AGREEMENT
KELLER – SOUTHLAKE-WESTLAKE-EXECUTION COPY
Page 11 of 11
APPROVAL RECOMMENDED: CITY OF KELLER
By:
Greg Dickens, P. E. Dan O'Leary
Public Works Director City Manager
Approved as to Form and Legality: Attest:
________________________
City Attorney City Secretary
Date:___________________
APPROVAL RECOMMENDED: CITY OF SOUTHLAKE
_______________________ By: _____________________
Robert H. Price, P.E., FNSPE Shana Yelverton
Public Works Director City Manager
Approved as to Form and Legality: Attest:
________________________
City Attorney City Secretary
Date:____________________
APPROVAL RECOMMENDED: TOWN OF WESTLAKE
By:
Jarrod Greenwood, Public Works Director Tom Brymer, Town
Manager
Approved as to Form and Legality: Attest:
________________________
Town Attorney Town Secretary
Date:____________________
UT/
ıUT/
ıUT/
/ıUTUT
ıUT
UTUT
Southlake Transfer Pump Station5.5 MG Ground Storage TankMETER #2
Caylor5.0 MG GSTMETER #1
Southlake T.W. KingPump Station and GSTMETER #5
Southlake Pearson Rd.Pump Station and GSTMETER #3
Keller Pearson Rd.Pump Station and GSTMETER #4
Future WestlakePump Station and GSTMETER #6
LINE "A"
LINE "A"
LINE "C"
LINE "C"
LINE "D"
LI
N
E
"
E
"
LINE "F"
LINE "B"
30
"
30
"
30''
36''36
'
'
42''
42''42''42''42''
30
'
'
30''30
'
'
30''
30''
21''
30
'
'
24''
16''
36
'
'
12
'
'
42''
8''
20''
16''
12
'
'
12''
24''12''
16''
21
'
'
12''
24''
36
'
'
12''
24''16
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'
16''
12''
12
'
'
21'
'
30''
21''
24
'
'
16''
16''
3
6
'
'
12
'
'
24
'
'
Keller
Southlake
Fort Worth
Westlake
Roanoke Trophy Club
Colleyville
FIGURE 1SOUTHLAKE/KELLER/WESTLAKEUNACCOUNTED METER LOSSALLOCATION GRAPHIC
0 4,500
SCALE IN FEET
LEGEND
UT Existing G.S.T.
/Wholesale Meter
ı Existing P.S.
Fort Worth Water Lines
I
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Meeting of January 24, 2011
Date: January 14, 2011
Regular Approval of Resolution Directing Publication of Notice of Intention to Issue
Combination Tax and Revenue Certificates of Obligation
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
BACKGROUND: On September 29, 2010 the Town Council adopted a budget as well as an ad
valorem (property) tax rate to fund the FY 2010-11 Budget. The ad valorem tax rate, lowest of
area cities, is $.1601 per $100 of assessed valuation. This tax rate is apportioned with $.1562
allocated for maintenance and operations in the General Fund and $.0039 per $100 of assessed
valuation allocated for debt service. With the adoption of the FY 10-11 Budget, the Town
Council also adopted a list of capital improvement projects. These projects were reviewed and
also adopted by the Town Council as a part of the Town’s Five (5) Year Capital Improvement
Program on December 13, 2010. This CIP is funded by a combination of cash ($3.8 million)
from the Property Tax Relief Fund (former 4B Economic Development Sales Tax), the General
Page 2 of 2
Fund fund balance and this proposed debt issuance of $2,140,000. At the December 13, 2010 the
Town Council gave direction to move forward with the steps necessary to issue debt to fund this
portion of the Five Year CIP. Approval of this resolution provides the next step in debt issuance
by directing publication of the notice of intention to issue $2.14 million in combination tax and
revenue certificates of obligation.
FUNDING
: This information is largely covered in the Background section above.
Additionally, the Town’s Five Year CIP totals $11.5 million (including developer contributions
and grants). The combination of cash and debt issuance described above is intended to cover the
first three (3) years’ projects.
RECOMMENDATION
: Recommend approval of this resolution to start the process for sale of
certificates of obligation to fund the Town’s CIP. The bond market for cities is still fairly good
in terms of low interest rates, according to our financial advisor. Approval of this resolution sets
publication of notice in the Town’s official newspaper of record of the Town Council’s intent to
adopt an ordinance on February 28, 2011 authorizing issuance of $2,140,000 of certificates of
obligation.
ATTACHMENTS
1. Resolution Directing Publication of Notice of Intention to Issue Combination Tax and
Revenue Certificates of Obligation and Said Notice
:
2. Excerpt from Town’s Adopted Five Year Capital Improvement Plan.
Resolution 11-03
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 11-03
A RESOLUTION OF THE TOWN C OUNCIL OF THE TOWN O F WESTLAKE,
TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
WHEREAS, this Town Council deems it advisable to give notice of intention to issue
certificates of obligation of the Town of Westlake Texas, as hereinafter provided; and
WHEREAS
, it is hereby officially found and determined that the meeting at which this
Resolution was passed, was open to the public and public notice of the time, place, and purpose
of said meeting was given, all as required by Chapter 551, Texas 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: Attached hereto is a form of the Notice of Intention to issue Combination
Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted
and approved.
SECTION 3: The Town Secretary shall cause said notice to be published in
substantially the form attached hereto, in a newspaper, as defined by Subchapter C, Chapter
2051, Texas Government Code, of general circulation in the area of said Town, once a week for
two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the
date tentatively set for the adoption of the ordinance authorizing the issuance of such certificates
of obligation as shown in said notice.
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 11-03
Page 2 of 3
SECTION 5
: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 24TH
DAY OF JANUARY, 2011.
ATTEST: ________________________________
Laura L. Wheat, Mayor
____________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Resolution 11-03
Page 3 of 3
TOWN OF WESTLAKE
NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Westlake, Texas, at
its meeting to commence at 7:00 P.M. on February 28, 2011, at its regular meeting place at 3
Village Circle, 2nd Floor, Council Chamber, Westlake, Texas, tentatively proposes to adopt an
ordinance authorizing the issuance of interest bearing certificates of obligation, in one or more
series, in an amount not to exceed $2,140,000 for paying all or a portion of the Town's
contractual obligations incurred in connection with:
(i) constructing, reconstructing and improving streets and roads, sidewalks and alleys including
related drainage, signalization, landscaping, lighting and signage;
(ii) constructing and equipping renovations to existing buildings at the Westlake Academy,
including landscaping and related infrastructure; and
(iii) legal, fiscal and engineering fees in connection with such projects.
The Town proposes to provide for the payment of such certificates of obligation from the levy
and collection of ad valorem taxes in the Town as provided by law and from a pledge of limited
surplus revenues of the Town's waterworks and sewer system, remaining after payment of all
operation and maintenance expenses thereof, and all debt service, reserve, and other
requirements in connection with all of the Town's revenue bonds or other obligations (now or
hereafter outstanding), which are payable from all or any part of the net revenues of the Town's
waterworks and sewer system. The certificates of obligation are to be issued, and this notice is
given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C
of Chapter 271.
TOWN OF WESTLAKE, TEXAS
Pg # DESCRIPTION FY 09‐10FY 10‐11FY 11‐12FY 12‐13FY 13‐14FY 14‐15TOTALS
GENERAL GOVERNMENTAL PROJECTS ‐ CASH FUNDED
3 FM 1938 Streetscape/Wayfinding 74,922 645,160 914,320 1,730,520 ‐ 3,364,922
74,922$ 645,160$ 914,320$ 1,730,520$ ‐$ ‐$ 3,364,922$
GENERAL GOVERNMENTAL PROJECTS ‐ BOND FUNDED
4 Mahotea Boone Reconstruction & Drainage ‐ 67,056 ‐ ‐ ‐ ‐ 67,056
5 Street Survey ‐ 100,000 ‐ ‐ ‐ ‐ 100,000
6 JT Ottinger Road Reconstruction & Drainage (WLA to Limits)*‐ 50,800 ‐ 542,389 ‐ ‐ 593,189
7 Aspen Lane Reconstruction and Drainage ‐ 187,020 ‐ ‐ ‐ 187,020
8 Stagecoach Hills Street Reconstruction & Drainage ‐ ‐ 338,714 ‐ ‐ ‐ 338,714
9 Roanoke Road Reconstruction & Drainage (170 N to Limits)‐ ‐ 243,048 ‐ ‐ ‐ 243,048
10 Roanoke Road Reconstruction & Drainage (170 S to Limits)‐ ‐ ‐ 307,008 ‐ 307,008
11 Sam School Road Reconstruction & Drainage (Solana to Limits)‐ ‐ ‐ ‐ 208,910 ‐ 208,910
12 Dove Road Reconstruction & Drainage (Vaquero to Terra Bella)‐ ‐ ‐ ‐ 627,000 ‐ 627,000
3 FM 1938 Streetscape/Wayfinding ‐ ‐ ‐ 82,900 774,000 856,900
‐$ 217,856$ 768,782$ 932,297$ 1,609,910$ ‐$ 3,528,845$
* Includes Trail Construction
13 Dining Hall Retrofit/Campus Enhancements ‐ 139,728 ‐ ‐ ‐ ‐ 139,728
‐$ 139,728$ ‐$ ‐$ ‐$ ‐$ 139,728$
74,922$ 1,002,744$ 1,683,102$ 2,662,817$ 1,609,910$ ‐$ 7,033,495$
GENERAL GOVERNMENTAL PROJECTS ‐ CONTRIBUTIONS/GRANTS FUNDED
14 Deloitte Trail Connection Project on Dove Road (Dove to Vaq)‐ 374,200 ‐ ‐ ‐ ‐ 374,200
15 Dove Road Reconstruction & Drainage (JT Ottinger to Vaquero)‐ 50,800 428,844 ‐ ‐ ‐ 479,644
16 JT Ottinger/Dove Intersection ‐ 25,000 330,402 393,354 ‐ ‐ 748,756
3 FM 1938 Streetscape ‐ ‐ ‐ 180,000 172,000 ‐ 352,000
‐$ 450,000$ 759,246$ 573,354$ 172,000$ ‐$ 1,954,600$
74,922$ 1,452,744$ 2,442,348$ 3,236,171$ 1,781,910$ ‐$ 8,988,095$
UTILITY FUND
17 TRA Assumption of N1 Sewer Line 7,959 127,000 ‐ ‐ ‐ ‐ 134,959
18 Stagecoach Hills waterline connection 67,609 232,391 311,700 ‐ ‐ ‐ 611,700
19 N‐1 Sewer Line Transfer I & I Study/Repairs 19,802 121,920 ‐ ‐ ‐ ‐ 141,722
20 Ground Stg tank ($1,558,500) (approx $170K/10 yr)‐ ‐ 77,925 1,558,502 ‐ ‐ 1,636,427
95,370$ 481,311$ 389,625$ 1,558,502$ ‐$ ‐$ 2,524,808$
170,292$ 1,934,055$ 2,831,973$ 4,794,673$ 1,781,910$ ‐$ 11,512,903$
21 Westlake Academy ‐ West Parking Improvements 11,000 133,390 ‐ ‐ ‐ ‐ 144,390
22 Municipal Complex ‐ 60,960 51,950 133,250 4,235,000 ‐ 4,481,160
23 Fire Station ‐ 132,080 114,290 149,240 4,987,400 ‐ 5,383,010
24 Westlake Academy ‐ New Clasroom Building ‐ 90,500 92,130 1,343,020 ‐ ‐ 1,525,650
25 Westlake Academy ‐ Cover Existing Walkway ‐ ‐ 264,750 ‐ ‐ ‐ 264,750
11,000$ 416,930$ 523,120$ 1,625,510$ 9,222,400$ ‐$ 11,798,960$
26 Cemetery Improvements 13,000 45,720 46,755 266,500 ‐ ‐ 371,975
27 Park Improvements ‐ 383,000 25,975 ‐ 55,000 215,000 678,975
28 Trail ‐ Pearson Ln. (Aspen‐Dove) 0.5 miles ‐ ‐ ‐ 260,000 ‐ ‐ 260,000
29 Trail ‐ Ottinger (WA ‐ Cemetery) 0.25 miles ‐ ‐ ‐ ‐ 260,000 ‐ 260,000
13,000$ 428,720$ 72,730$ 526,500$ 315,000$ 215,000$ 1,570,950$
24,000$ 845,650$ 595,850$ 2,152,010$ 9,537,400$ 215,000$ 13,369,910$
194,292$ 2,779,705$ 3,427,823$ 6,946,683$ 11,319,310$ 215,000$ 24,882,813$
ALL SUBMITTED CAPITAL PROJECTS
BY FUNDING SOURCE
5 YEAR PROJECTION
Streets/Drainage
Parks/Trails
Streets/Drainage
Municipal Facilities
TOTAL FUNDED PROJECTS
Municipal Facilities
TOTAL GENERAL GOVERNMENTAL PROJECTS
UNFUNDED PROJECTS
TOTAL CASH & BOND FUNDED PROJECTS
TOTAL UNFUNDED PROJECTS
TOTAL UTILITY FUND
TOTAL PROJECTS USING CONTRIBUTIONS
TOTAL CAPITAL PROJECTS
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071: 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
b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
a. 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
b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
c. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
Town of Westlake
Item # 8 – Take any
Necessary Action, if
necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #9 - Future
Agenda Items
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #10
Council Recap /
Staff Direction
COUNCIL CALENDAR
- Special Town Council Meeting
January 31, 2010
- Town Council Meeting
February 28, 2011
- Town Council Meeting
March 28, 2010
Town of Westlake
Item # 11 –
Council Calendar
Town of Westlake
Item # 12 –
Adjournment
Back up material has not
been provided for this item.