HomeMy WebLinkAbout02-28-11 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
February 28, 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 FEBRUARY 28,
2011, REGULAR MEETING.
Page 2 of 5
3. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will no presentations associated with the report items) There will be no separate discussion unless a
Board Member requests that report be removed and considered separately.
a. The 2010 Westlake Service Report by Keller Police Department and 2010 State
Required Racial Profiling Report.
b. Quarterly Financial Dashboard for the quarter ended December 31, 2010
4. DISCUSSION ITEMS
a. Discuss and review the Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the
fiscal year ended September 30, 2010.
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 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:
Rosevear and Simonetti
c. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
6. RECONVENE MEETING
7. COUNCIL RECAP / STAFF DIRECTION
8. ADJOURNMENT
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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.
4. CONSIDERATION AND DISCUSSION REGARDING MR. JOHN MILLER’S
RESIGNATION.
5. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on January 24, 2011.
b. Consider approval of the minutes from the meeting held on January 31, 2011.
c. Consider approval of Resolution 11-04, Authorizing the Mayor to enter into a
Joint Election Agreement with Denton County to conduct the General election to
be held on May 14, 2011.
d. Consider approval of Resolution 11-05, Retaining Jody Richardson of Allen,
Boone, Humphries, Robinson, LLP, Attorneys at Law for Certain State Legislative
Support Services.
e. Consider approval of Resolution 11-06, Amending the Council/Board Relations
and Ethics Policy.
f. Consider approval of Resolution 11-07, Approving the Comprehensive Annual
Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public
Accountants, for the fiscal year ended September 30, 2010.
g. Consider approval of Resolution 11-08, Renewing the Marriott Solana Economic
Development agreement.
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 656, AUTHORIZING THE
ISSUANCE AND SALE OF COMBINATION TAX AND REVENUE CERTIFICATE OF
OBLIGATION, SERIES 2011.
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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 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following:
Rosevear and Simonetti
c. 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
9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
10. 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.
11. COUNCIL RECAP / STAFF DIRECTION
12. COUNCIL CALENDAR
- Gallery Night
March 5, 2011 (5:00 – 12:00 midnight at the Marriott Solana)
- Town Council Meeting
March 28, 2010
- Arbor Day Celebration
April 23, 2011
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13. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE
SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER
SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS
GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,
February 23 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 January 24, 2011.
b. Consider approval of the minutes from the meeting held on January 31, 2011.
c. Consider approval of Resolution 11-04, Authorizing the Mayor to enter into a Joint
Election Agreement with Denton County to conduct the General election to be held on
May 14, 2011.
d. Consider approval of Resolution 11-05, Retaining Jody Richardson of Allen, Boone,
Humphries, Robinson, LLP, Attorneys at Law for Certain State Legislative Support
Services.
e. Consider approval of Resolution 11-06, Amending the Council/Board Relations and
Ethics Policy.
f. Consider approval of Resolution 11-07, Approving the Comprehensive Annual
Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public
Accountants, for the fiscal year ended September 30, 2010.
g. Consider approval of Resolution 11-08, Renewing the Marriott Solana Economic
Development agreement.
Town of Westlake
Item # 2 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate
discussion unless a Board Member requests that report be removed and considered
separately.
a. The 2010 Westlake Service Report by Keller Police Department and 2010
State Required Racial Profiling Report.
b. Quarterly Financial Dashboard for the quarter ended December 31, 2010
Town of Westlake
Item # 3 –
Reports
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TOWN COUNCIL AGENDA ITEM
Department: Public Safety Meeting Date: February 28, 2011
Staff Contact: Tom Brymer, Town Manager Reports
Subject: Westlake Service Report for Calendar 2010 by Keller Police Department and
2010 State Required Racial Profiling Report
The Town currently has a five (5) year contract with the City of Keller to provide police services
for our municipality service. Under this contract, police services include police patrol, criminal
investigation, crime prevention education as well as drug and alcohol prevention education (as
requested), animal control, dispatch, and jail services. The attached report outlines KPD’s
service activity level in Westlake during calendar 2010 and compares it to previous years of
KPD’s service in Westlake. Additionally, State law requires police agencies to prepare and
provide a report regarding racial profiling.
EXECUTIVE SUMMARY
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
No action required, report presented for Town Council information and review.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1. 2010 KPD Westlake Report and Cover Letter Dated 1-13-11 from Police Chief Mark Hafner.
ATTACHMENTS
2. 2010 KPD Racial Profiling Report
P O L I C E D E P A R T M E N T
330 RUFE SNOW DR. P.O. BOX 770 KELLER, TEXAS 76244 (817)743-4500 Fax (817)743-4590
Web: http://www.kellerpd.com mhafner@kellerpd.com
January 13, 2011
Mayor Laura Wheat and Town Council
3 Village Circle Suite #202
Westlake, TX. 76262
Dear Mayor Wheat and Westlake Town Council,
I am pleased to provide the Westlake Service Report for the calendar year ending 2010.
As you view the data you can see that our officers were active delivering service to your community.
We stopped over 9,700 vehicles, arrested 252 people for criminal violations, issued 8,364 traffic
citations, and removed 32 intoxicated drivers from the roadways in Westlake. Our animal control unit
handled 82 calls for service. We investigated 273 motor vehicle collisions and this is the third year in a
row that there were no fatality auto collisions.
Besides the statistical information in this report we have spent many hours working with the Vaquero
Homeowners Association, Fidelity Investments, Chrysler Financial and your new corporate resident,
Deloitte on security issues with residents and employees. We do so more than just provide traffic
enforcement to your town.
When you total the number of calls for service (16,902) and divide it by the price of the police services
agreement ($746,430) it costs the Town of Westlake $44.00 per call for service. A very efficient cost
when you compare it to the $88.00 cost per call for service in Keller. Also because of merging
communications and jail with the cities of Southlake and Colleyville we were able to reduce your
contract price with us by 3%.
We look forward to delivering the highest quality of police services to your community in 2011. Our
partnership has worked out extremely well for both cities. Westlake receives the services of an 83
person Nationally Accredited Police agency fully staffed and equipped to handle all types of incidents
for a fraction of the cost. In turn Keller receives additional patrol coverage in the north section of their
city and an administrative charge for the program. A true win-win for both communities.
As always, I am here for your questions and concerns.
Sincerely,
Mark R. Hafner
Chief of Police
cc: Tom Brymer, Westlake Town Manager
Dan O’Leary, Keller City Manager
WESTLAKE POLICE SERVICES ANNUAL REPORT 2010
2/23/2011 Chief Mark R. Hafner Keller Police Department
2002 2003 2004 2005 2006 2007 2008 2009 2010
Motor Vehicle Stops 3,968 9,993 9,237 9,586 8,992 10,045 10,357 9,249 9,763
Investigative Motor Vehicle Stops 288 677 835 938 947 1,387 1,324 1,110 1,320
Miscellaneous Service Calls 301 608 693 646 683 532 433 609 792
Traffic Accident Investigations 86 91 180 163 164 225 208 266 273
Building Checks 282 2,640 4,133 4,628 4,440 5,394 6,217 5,602 4,587
Alarm Responses 33 45 80 70 78 142 107 73 105
Animal Control Calls for Service 27 47 40 47 54 47 85 83 82
Citizen Initiated Calls for Service 702 1,238 1,698 1,867 1,669 1,729 1,884 1,984 1,965
Total Calls for Service 4,985 14,101 15,198 16,078 15,358 17,772 18,731 16,992 16,902
Part 1 Crimes 16 46 19 26 30 25 26 23 19
Traffic Violations on Citations 3,121 8,818 9,123 10,552 9,300 8,231 8,014 6,464 8,364
Westlake Prisoners Booked-In 118 263 214 252 199 295 349 238 252
DWI Arrests 55 117 70 86 56 53 45 24 32
Case Reports 139 234 129 168 144 124 110 71 65
Fire/EMS Calls Dispatched 104 211 270 310 348 386 346 315 316
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TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: February 28, 2011
Staff Contact: Debbie Piper Report
Subject: Quarterly Financial Dashboard for the quarter ended December 31, 2010
EXECUTIVE SUMMARY
The 1st
quarter “Dashboard” reports and “Analysis” for the FY 2010-11 are attached. Our goal is
to have a concise and easy to understand document regarding the financials of our three (3)
major funds; General Fund, Visitors Association Fund and the Utility Fund. The remaining
funds: Debt Service, Capital Projects, 4B Economic Development and Property Tax Reduction
are a function of transfers in, sales tax revenues (which are discussed in the GF analysis), related
expenses and transfers out; therefore, we have not prepared quarterly reports for these funds.
Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”,
beside several revenue line items. The “A” indicates that specific “YTD Actuals” line-item is
based on the accrual method. This means that revenue received after 12/31/10 but related to that
specific quarter, i.e. sales, tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD
Actual” for comparison to the budget. The “YTD Budget” is based on 3 months out of the 12
month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual
receipts.
In addition to accruing the water revenue receipts for the “YTD Actuals”, I have changed the
“YTD Budget” calculation from 3 months of the 12 month period to a much better representation
of that fund’s revenue. Because the majority of the water revenue is received in the spring and
summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the
percentage of revenues received for the first three months of the prior year.
In review, these quarterly reports contain a “dashboard” display complete with major revenue
and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals”
at 12/31/10 has been presented. The color green obviously means that we are good in those
specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between
these two areas show up as yellow (cautionary) or red (critical).
A summary is presented at the bottom of each fund page indicating the net revenues over (under)
expenditures along with the projected ending fund balances for the Adopted Budget, YTD
Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance
have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that
we will strive to maintain 90 days of operation.
Page 2 of 3
Please note the “Analysis” is color coded and corresponds to the specific line-item on the
“Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the
variances. I have explained several of the line-items that were greater (green) in revenue than
we anticipated informing you as to what specifically happened with that revenue line-item. I
have done the same regarding any expenditure that is under budget so you may see why these
funds have not been expended. Beside each major category or department on the explanation
page, you will find a number that reflects the exact variance in that department/line-item.
General Fund
As can be seen by the “Dashboard”, revenues equal 124.55%, which looks great. The major
contributors to this overage are Sales Tax, Property Tax and Permits and Fees. Please see the
“Analysis” for explanations for each. Below, is more detail regarding sales and property tax
receipts.
• Sales Tax – Total sales tax budgeted totals $3,648,000; if taken equally, one
quarter would total $912,000. Our receipts equal $1,120,685 of which $332,139
is from Deloitte. Our “Base” sales tax receipts total $788,123 which is
approximately $154K more than the first quarter of the prior year. We have had
no significant audit collections for the first quarter.
• Property Tax – As the analysis indicates the majority of the property tax was
received after this 1st
quarter. The most recent report I have received from the
Tax Assessor-Collector indicates receipts totaling $1,072,291 for the General
Fund.
Visitors Association Fund
Please note the “Dashboard” revenues for the Visitors Association Fund equal 99.38%. This is
only $750 short of 100%.
Utility Fund
The “Dashboard” for the Utility Fund revenue equals 136%. As can be seen by the report, the
major positive variance is related to the tap/impact fees. We had anticipated installing the
Deloitte meters in the prior year; therefore did not budget for FY 10/11. These meters were
installed in December 2010. The only “Negative” is a small amount of $1,702 related to
miscellaneous income.
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Page 3 of 3
Funded Not Funded N/A
FISCAL IMPACT
N/A
RECOMMENDATION/ACTION REQUESTED
1
ATTACHMENTS st
o General Fund
Quarter Financial Dashboard and Analysis for Quarter Ended 12/31/10 for:
o Visitors Association Fund
o Utility Fund
DASHBOARD
Annual YTD YTD
Budget Budget Actuals Adopted
A General Sales Tax 1,250,000 315,068 394,273 125.14%
A Property Tax 1,000,430 252,163 392,593 155.69%
A Franchise Fees 609,500 153,627 130,999 85.27%
Permits and Fees 367,455 92,619 143,484 154.92%
Fines & Forfeitures 550,960 138,872 131,583 94.75%
Misc Income 110,082 27,747 27,739 99.97%
TOTAL 3,888,427$ 980,097$ 1,220,670$ 124.55%
Positive > 95%Cautious
75% - 95%Negative < 75%
A Based on accrual method
DASHBOARD
Annual YTD YTD
Budget Budget Actuals Adopted
Payroll & Related 2,487,424 626,967 541,495 86.37%
Operations & Maintenance 1,875,770 472,797 401,790 84.98%
TOTAL 4,363,194$ 1,099,764$ 943,285$ 85.77%
Positive < 100%Cautious
101% - 110%Negative > 111%
DASHBOARD
Annual YTD YTD
Budget Budget Actuals Adopted
Transfers In 420,263 105,929 195,787 184.83%
Transfers Out 2,120,758 534,547 36,417 6.81%
TOTAL (1,700,495)$ (428,618)$ 159,369$ -37.18%
Annual YTD YTD
Budget Budget Actuals
(2,175,263)$ (548,285)$ 436,754$
Beginning Fund Balance (audited)3,731,331 3,731,331$ 3,731,331
Ending Fund Balance 1,556,068 3,183,046$ 4,168,085
Restricted Funds 197,800 197,800$ 208,983
Unrestricted Fund Balance 1,358,268$ 3,380,846$ 3,959,103$
# of Operating Days 126 313 366
Daily Operating Cost $10,803 $10,803 $10,803
Revenue Legend:
Expenditure Legend:
Net Revenues Over (Under) Expenses Including
Other Sources/Uses
EXPENDITURES
OTHER SOURCES AND USES
ADOPTED BUDGET
ADOPTED BUDGET
SUMMARY
ADOPTED BUDGET
GENERAL FUND 100
Quarterly Financial Dashboard
Quarter Ended 12/31/10
ADOPTED BUDGET
REVENUES
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
GENERAL FUND
Page 1
REVENUES $229,039
GENERAL SALES TAX +$79,205
YTD Estimated Budgeted $315,068
YTD Actual $394,273
o Total Sales Tax $1,120,686
o Allocation to 4B/PTR Funds ($560,343)
o Allocation to ED Fund (Deloitte) ($166,070)
PROPERTY TAX +$140,430
YTD Estimated Budgeted $252,163
YTD Actual $392,593
Income will not be distributed evenly over the fiscal year – majority of revenue will
be received between November, 2010 and February, 2011
FRANCHISE FEES ($24,233)
YTD Estimated Budgeted $153,627
YTD Actual $119,464
o AT&T/SBC: ($6,948)
YTD Estimated Budget $56,712
YTD Actual $49,764 (Prior Year 1st quarter = $51,596)
o Tri‐County Electric ($9,851)
YTD Estimated Budget $79,397
YTD Actual $69,546 (Prior Year 1st quarter = $69,342 but remaining
quarters were $80K‐$90K)
o TXU/Atmos Gas: ($7,561)
YTD Estimated Budget $7,561
YTD Actual $0
Annual Payment will be received in March 2011
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
GENERAL FUND
Page 2
REVENUES continued
PERMITS AND FEES +$50,865
YTD Estimated Budgeted $92,619
YTD Actual $143,484
To be conservative, no gas well revenues were budgeted for this fiscal year
$50,000 received for Maguire Pad Site B
FINES AND FORFEITURES ($7,289)
YTD Estimated Budget $138,872
YTD Actual $131,582
Overall citation numbers continue to be down. Current numbers show a 27%
decrease from the prior year.
EXPENDITURES ($156,479)
PAYROLL AND RELATED ($85,472)
YTD Estimated Budget $626,967
YTD Actual $541,495
o $62,946 variance is due to year‐end accruals
FY 09‐10 accruals were made for time that was earned in that fiscal year
but not paid until FY 10‐11. This amount should be offset in the last
quarter of the fiscal year when year‐end accruals are proposed again.
o Approximately $14K savings was due to budgeting 9 full‐time Fire/EMS
personnel with one not being hired until mid‐December.
OPERATIONS AND MAINTENANCE ($71,007)
YTD Estimated Budget $472,797
YTD Actual $437,548
Majority of variance was due to a savings in line items that will increase further into
the fiscal year, i.e. ROW irrigation, auditor fees, grounds maintenance, training, etc.
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
GENERAL FUND
Page 3
OTHER SOURCES $89,858
TRANSFERS IN $152,891
YTD Estimated Budget is $105,929
YTD Actual is $195,787
Payroll Transfers In from Visitor Fund ($8,350)
o YTD Estimated Budget is $44,102
o YTD Actual is $35,752 (less due to prior explanation of accruals)
Payroll Transfers In from Utility Fund ($8,662)
o YTD Estimated Budget $57,290
o YTD Actual $48,627 (less due to prior explanation of accruals)
Transfers In From Utility Fund $106,871
o YTD Estimated Budget $4,536
o YTD Actual $111,407
o Impact fees received from the Utility Fund are due to Deloitte’s meters being
installed in December 2010 (anticipated to be installed in prior year)
OTHER USES ($498,130)
TRANSFERS OUT ($498,130)
YTD Estimated Budget is $534,547
YTD Actual is $36,417
Transfer Out to Capital Projects ($524,875)
o YTD Estimated Budget is $525,534
o YTD Actual is $659
o Plan to make this transfer later in the fiscal year
Transfer Out to ED Fund ‐ $26,745
o YTD Estimated Budget is $9,013
o YTD Actual is $35,758 – Payment for Fidelity I economic development paid in
November
DASHBOARD
Annual YTD YTD
Budget Budget Actuals Adopted
Hotel Occupancy Tax 450,000 113,425 114,383 100.85%
Interest/Misc Income 28,975 7,303 5,595 76.62%
TOTAL 478,975$ 120,728$ 119,979$ 99.38%
Positive > 95%Cautious
75% - 95%Negative < 75%
DASHBOARD
Annual YTD YTD
Budget Budget Actuals Adopted
Operations & Maintenance 241,962 60,988 41,578 68.17%
TOTAL 241,962$ 60,988$ 41,578$ 68.17%
Positive < 100%Cautious
101% - 110%Negative > 111%
DASHBOARD
Annual YTD YTD
Budget Budget Actuals Adopted
Transfer Out to Debt Service 180,944 45,608 45,463 99.68%
Payroll Transfer Out to GF 174,971 44,102 35,752 81.07%
TOTAL 355,915$ 89,710$ 81,215$ 90.53%
Annual YTD YTD
Budget Budget Actuals
(118,902)$ (29,970)$ (2,814)$
Beginning Fund Balance (audited)1,100,941 1,100,941 1,100,941
Ending Fund Balance 982,039 1,070,971 1,098,127
Restricted Funds - -
Unrestricted Fund Balance 982,039$ 1,070,971$ 1,098,127$
# of Operating Days 860 938 961
Daily Operating Costs $1,142 $1,142 $1,142
EXPENDITURES
REVENUES
Quarterly Financial Dashboard
Quarter Ended 12/31/10
VISITORS ASSOCIATION FUND 220
Net Revenues Over (Under) Expenses
Including Other Uses
Expenditure Legend:
SUMMARY
OTHER USES
ADOPTED BUDGET
ADOPTED BUDGET
ADOPTED BUDGET
ADOPTED BUDGET
Revenue Legend:
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
VISITORS ASSOCIATION FUND
Page 1
REVENUES ($749)
MISCELLANEOUS INCOME ($1,708)
Public Arts Income ($1,890)
o YTD Estimated Budget is $1,890
o YTD Actual is $0
o Revenues related to annual fund raising anticipated to be received in the
latter part of the fiscal year
EXPENDITURES ($19,410)
OPERATIONS AND MAINTENANCE ($19,066)
Marriot Marketing and Transportation ($15,123)
o YTD Estimated Budget is $15,123
o YTD Actual is $0
o Based on agreement – no invoices received to date for processing
Public Art Expense ($2,479)
o YTD Estimated Budget is $2,479
o YTD Actual is $0
o Expenses related to annual fund raising anticipated to be paid in conjunction
with event/events
Resident Survey ($2,457)
o YTD Estimated Budget is $2,457
o YTD Actual is $0
o Expenses related to survey will be paid upon receipt of fiscal year survey
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
VISITORS ASSOCIATION FUND
Page 2
OTHER USES ($8,495)
PAYROLL TRANSFERS OUT TO GENERAL FUND ($8,350)
YTD Estimated Budget is $44,102
YTD Actual $35,752
o Actual is less due to year‐end accruals (payment in current year but earned
and booked in prior year)
2/22/2011 6:24 P
Annual YTD Annual YTD YTD
Budget Budget Budget Budget Actuals Adopted Estimated
Water Revenue (A%)1,908,000 255,587 1,908,000 255,587 258,970 101.32%101.32%
Waste/Sewer Revenue (A%)448,166 69,452 448,166 69,452 68,398 98.48%98.48%
Tap/Impact Fees 56,000 14,115 56,000 14,115 135,571 960.47%960.47%
Misc Income 14,600 3,680 14,600 3,680 1,978 53.75%53.75%
TOTAL 2,426,766 342,835 2,426,766 342,835 464,917 135.61%135.61%
Positive
> 95%
Cautious
75% - 95%
Negative
< 75%
A Based on accrual method
% Based on % of PY Actual at quarter-end
Annual YTD Annual YTD YTD
Budget Budget Budget Budget Actuals Adopted Estimated
Operations & Maintenance 1,706,176 430,050 1,706,176 430,050 166,703 38.76%38.76%
Capital Outlay 59,000 14,871 59,000 14,871 6,770 45.53%45.53%
Capital Projects 248,920 62,741 248,920 62,741 67,145 107.02%107.02%
IFA/DS Payments 253,784 63,968 253,784 63,968 11,369 17.77%17.77%
TOTAL EXPENSES 2,267,881 571,630 2,267,881 571,630 251,987 44.08%44.08%
Positive
< 100%
Cautious
101% - 110%
Negative
> 111%
Annual YTD Annual YTD YTD
Budget Budget Budget Budget Actuals Adopted Estimated
Transfer Out to GF - Impact Fees 18,000 4,537 18,000 4,537 0 0.00%0.00%
Transfer Out to GF - Payroll 227,292 57,290 227,292 57,290 48,628 84.88%84.88%
TOTAL 245,292 61,827 245,292 61,827 48,628 78.65%78.65%
Annual YTD Annual YTD YTD
Budget Budget Budget Budget Actuals
(86,407)$ (86,407)$ 164,302$
Beginning Fund Balance 1,234,073 1,234,073 1,234,073
Ending Fund Balance 1,147,667 1,147,666 1,398,375
Restricted Fund Balance 135,000 135,000 139,740
Unrestricted Fund Balance 1,012,667$ 1,012,666$ 1,258,635$
# of Operating Days 186 186 227
Daily Operating Cost $6,154 $6,154 $6,154
DASHBOARD
DASHBOARD
DASHBOARD
UTILITY FUND 500
Quarterly Financial Dashboard
Quarter Ended 12/31/10
ESTIMATED BUDGET
ESTIMATED BUDGET
ESTIMATED BUDGET
ESTIMATED BUDGET
Expenditure Legend:
ADOPTED BUDGET
REVENUES
EXPENSES
OTHER USES
SUMMARY
Net Revenues Over (Under) Expenses
Including Other Uses
ADOPTED BUDGET
ADOPTED BUDGET
ADOPTED BUDGET
Revenue Legend:
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
UUTTIILLIITTYY FFUUNNDD
Page 1
REVENUES +$122,082
TAP/IMPACT FEES +$121,456
YTD Estimate Budget $14,115
YTD Actual $135,571
o Deloitte meters installed in December 2010
o Total charge for Deloitte (water/sewer taps and impact fees = $134,271)
MISCELLANEOUS INCOME ($1,702)
YTD Estimate Budget $3,680
YTD Actual $1,978
o Typically any insurance refunds we get are received in February/March
(totaled $2,180 in the prior year)
EXPENSES ($195,147)
OPERATIONS AND MAINTENANCE ($138,851)
Water Purchases ($82,184)
o YTD Estimated Budget $182,739
o YTD Actual $100,556
This is a seasonal expense
Expense will increase during hotter summer months
Peak Payments ($20,307)
o YTD Estimated Budget $82,169
o YTD Actual $61,863
Same base charge each month and settle up at the end of the year.
TRA Wastewater Treatment ($8,366)
o YTD Estimated Budget $72,339
o YTD Actual $63,973
Historically, expense will increase during last 3 quarters of the year
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
UUTTIILLIITTYY FFUUNNDD
Page 2
Southlake Wastewater Treatment ($12,912)
o YTD Estimated Budget $22,684
o YTD Actual $9,772
Historically, expense will increase during last 3 quarters of the year
Electricity ‐ Pump Station ($5,371)
o YTD Estimated Budget $17,643
o YTD Actual $12,272
This is a seasonal expense
CAPITAL OUTLAY ($8,101)
Water Taps ($8,821)
o YTD Estimated Budget $8,821
o YTD Actual $0
Taps are ordered on an as needed basis depending upon new home
construction
CAPITAL PROJECTS +$4,403
Project #30 ‐ N1 Sewer Line Transfer ($32,010)
o YTD Estimated Budget $32,010
o YTD Actual $0
Project #31 ‐ N1 Sewer Line Transfer ‐ Inflow/Infiltration Repairs ($25,262)
o YTD Estimated Budget $30,730
o YTD Actual $5,467
Project # 32 ‐ Stagecoach Hills Waterline Connections +$61,677
o YTD Estimated Budget $0
o YTD Actual $61,677
This project was scheduled to be completed during FY 09/10; however,
inclement weather and easement dedication delayed the project
causing it to take longer than expected.
Town of Westlake
Analysis of Dashboard for Quarter Ended 12‐31‐2010
UUTTIILLIITTYY FFUUNNDD
Page 3
EXPENSES continued
INTERFUND ADVANCE /DEBT SERVICE PAYMENTS ($52,599)
DS Hillwood/Town Service Areas ($15,853)
o YTD Estimated Budget $27,221
o YTD Actual $11,368
This is a seasonal expense in direct correlation with water revenues
Expense will increase during hotter summer months.
IFA Debt Payment to 4B Fund ($7,493)
o YTD Estimated Budget $7,493
o YTD Actual $0
Repaying $29,731 annually thru 8/15/2019
Payment is transferred to 4B at year‐end
DS Keller Overhead Storage Interest/Principal ($29,251)
o YTD Estimated Budget $29,251
o YTD Actual $0
Payment will be made in March 2011
OTHER USES $98,208
TRANSFERS OUT $98,208
Transfers out to General Fund – Impact Fees ‐ $106,870
o YTD Estimated Budget $4,537
o YTD Actual $111,407
Deloitte meters installed in December 2010
Offset in revenues (will amend budget prior to year‐end)
Payroll Transfers out to General Fund ($8,662)
o YTD Estimated Budget $57,290
o YTD Actual $48,627
Actual is less due to year‐end accruals (payment in current year but
earned and booked in prior year)
DISCUSSION ITEMS
a. Discuss and review the Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the
fiscal year ended September 30, 2010.
Town of Westlake
Item # 4 –
Discussion Items
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: February 28, 2011
Staff Contact: Debbie Piper Discussion
Subject: Acceptance of the annual Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for
the fiscal year ended September 30, 2010.
The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited
annually by outside independent accountants. The result of this independent audit is the receipt
of an unqualified opinion or “clean” opinion again this year. This means the auditors have found
that these financial statements present fairly, in all material respects, the financial position of the
Town of Westlake at September 30, 2010. We are also pleased that there were no “Management
Letter” comments for the current year.
EXECUTIVE SUMMARY
As implemented in previous years, we have included the Texas Student Housing (TSH) audited
information in our report. Because the Town Council may appoint and/or remove a director of
the Texas Student Housing Board, it was determined that TSH should be considered a
component unit of the Town. This information has been included in the financials and in the
footnotes. It was also noted that the debt of TSH is not a liability of the Town.
The inclusion of this information in the Town’s audit will not affect any future bond ratings nor
have a negative impact on the Town’s overall debt ratio for the purpose of securing additional
financing in the future.
Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the
most important financial activities of the Town. This report represents and reflects upon the
Town’s financial operations and condition to the Town’s residents, elected officials,
management personnel, financial institutions, rating agencies, and all other parties interested in
the financial affairs of the Town.
Additionally, the Town began participating in the Government Finance Officer Association’s
(GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal
year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for
governmental financial reporting. Therefore, we are pleased to announce that the Town has
recently received this award for our third submission.
This award is presented based on the required contents of the CAFR document, and ensures that
certain required financial disclosures are presented in the document. All governmental entities
that participate in the program must include these disclosures in their CAFR. We believe the
Page 2 of 2
September 30, 2010 CAFR is in compliance with these disclosure requirements, and the Town
will be awarded our 4th consecutive certificate.
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
Acceptance of the annual CAFR
RECOMMENDATION/ACTION REQUESTED
Comprehensive Annual Financial Report for the FY ended September 30, 2010
ATTACHMENTS
Westlake Academy Campus Terra Bella Trails Arts and Sciences Center Westlake/Keller Water Tower
Glenwyck Parks and Trails
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 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:
c. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
Rosevear
and Simonetti
Town of Westlake
Item # 5 –
Executive Session
Town of Westlake
Item # 6 – Reconvene
Meeting
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #7
Council Recap /
Staff Direction
Town of Westlake
Item # 8 –
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.
Town of Westlake
Item # 3 – Citizen’s
Presentations and
recognitions
4. CONSIDERATION AND DISCUSSION REGARDING MR. JOHN MILLER’S
RESIGNATION.
Town of Westlake
Item # 4 –
Back up material has not
been provided for this item
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on January 24, 2011.
b. Consider approval of the minutes from the meeting held on January 31, 2011.
c. Consider approval of Resolution 11-04, Authorizing the Mayor to enter into a Joint
Election Agreement with Denton County to conduct the General election to be held
on May 14, 2011.
d. Consider approval of Resolution 11-05, Retaining Jody Richardson of Allen, Boone,
Humphries, Robinson, LLP, Attorneys at Law for Certain State Legislative Support
Services.
e. Consider approval of Resolution 11-06, Amending the Council/Board Relations and
Ethics Policy.
f. Consider approval of Resolution 11-07, Approving the Comprehensive Annual
Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public
Accountants, for the fiscal year ended September 30, 2010.
g. Consider approval of Resolution 11-08, Renewing the Marriott Solana Economic
Development agreement.
Town of Westlake
Item # 5 - Consent
Agenda Items
Town Council Minutes
01/24/11
Page 1 of 5
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
January 24, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Carol Langdon, and Rick
Rennhack. Clif Cox arrived at 6:20 p.m.
ABSENT: John Miller
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
Municipal Court Administrator Amanda DeGan, Public Works
Director Jarrod Greenwood, Facilities and Recreation Director
Troy Meyer and Management Intern Scott Dixon
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 4:39 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JANUARY 24,
2011, COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat asked for a correction to item 4b minutes to correct the number of Council
Members.
Mayor Wheat asked for a correction to Resolution 11-01
Discussion regarding the process to establish three (3) year terms for Council Members.
Town Secretary Edwards provided clarification on Ordinance 653 and the changes
forthcoming.
Town Council Minutes
01/24/11
Page 2 of 5
Town Manager Brymer and Public Works Director Greenwood provided an overview of
the right-of-way and usage and future usage for item g of the consent agenda
3. PRESENTATION AND DISCUSSION BY MARRIOTT GM JOHN KLUKAN.
This item was discussed after Executive Session
Mr. Klukan provided a presentation packet regarding the Marriott Hotel, request for
funds details according the development agreement and marketing opportunities.
Discussion ensued regarding the agreement and the program benefits for the hotel and
the Town.
4. EXECUTIVE SESSION – 4:49 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 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
Mayor Wheat reconvened the meeting at 6:20 p.m.
6. COUNCIL RECAP / STAFF DIRECTION
- None
7. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the
workshop at 6:56 p.m.
Town Council Minutes
01/24/11
Page 3 of 5
Regular Session
1.
CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:09 p.m., with John Miller absent.
2.
PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS AND RECOGNITIONS
Mr. Jim Benotti, Commander, VFW Post 5074, Roanoke, recognize Mr. Allan Werst for
his support with the sales of the “Poppy” supporting disabled veterans. Mr. Werst
thanked all of the local businesses for their support.
Mr. John Lawson, President, Baylor Hospital, Grapevine, provided an overview of the
Baylor system specifically the services provided at Grapevine, future programs they will
offer promoting healthy communities and noted that they will be celebrating their 30th
anniversary this year.
4. CONSENT AGENDA
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.
MOTION: Council Member Rennhack made a motion to approve the items as
amended of the consent agenda. Council Member Langdon
seconded the motion. The motion carried by a vote of 4-0.
Town Council Minutes
01/24/11
Page 4 of 5
5. CONSIDERATION AND DISCUSSION TO APPROVE RESOLUTION 11-03,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION
TAX AND REVENUE CERTIFICATES OF OBLIGATION.
Town Manager Brymer and Finance Director Piper provided an overview CIP project
totals and balances as outline for the Certificates of Obligation.
Discussion ensued regarding the various rates and options. Mr. Lawrence will review
additional options for 10 year notes and present those to the Council during the next
meeting.
MOTION: Council Member Rennhack made a motion to approve
Resolution 11-03. Council Member Cox seconded the motion.
The motion carried by a vote of 4-0.
6. EXECUTIVE SESSION – 7:35p.m.
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
Mayor Wheat reconvened the meeting at 9:54 p.m.
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
Town Council Minutes
01/24/11
Page 5 of 5
9. FUTURE AGENDA ITEMS
- None
10. COUNCIL RECAP / STAFF DIRECTION
- None
11. COUNCIL CALENDAR
- Special Town Council Meeting
January 31, 2010
- Town Council Meeting
February 28, 2011
- Town Council Meeting
March 28, 2010
12. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the
meeting. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:54 p.m.
APPROVED BY THE TOWN COUNCIL FEBRUARY 28, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
01/31/11
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
January 31, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon,
and Rick Rennhack.
ABSENT: John Miller
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, and
Planning and Development Director Eddie Edwards.
Special Session
1. CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:07 p.m., with John Miller absent.
2. EXECUTIVE SESSION – 7:07 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Pursuant to Texas Government Code Section 551.071(2) to consult with the
Town Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Rules of Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with this chapter: gas well
drilling rules and procedures.
3. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:24 p.m.
Town Council Minutes
01/31/11
Page 2 of 3
4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
- No Action
5. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 654, FOR A GAS
WELL PAD SITE SPECIFIC USE PERMIT FOR PROPERTY LOCATED IN THE PD-
1 ZONING DISTRICT OWNED BY MAGUIRE PARTNERS-SOLANA LTD., LOT
1R1, BLOCK 2, WESTLAKE/SOUTHLAKE PARK #1, REFERRED TO AS MAGUIRE
PAD B GENERALLY LOCATED AT 1850 SAM SCHOOL ROAD.
Planning and Development Director Edwards provided a presentation and overview of
the gas well application.
Discussion ensued regarding the use of water and not collecting fees if it is drawn
during peak times, the elevation of the pad site, the reduction of setbacks, the timing of
a possible pipeline within Westlake, the views of the pad site and the entrance to the
site.
Staff stated that there is a contract regarding water usage they must enter Range will
into with the Town regarding water usage and billing.
Mary Patton, Range Resources, answered questions regarding the use of water and
when they will be drawing water from Westlake.
Mayor Wheat opened the public hearing.
No one addressed the Council.
With no one wishing to speak Mayor Wheat closed the public hearing.
MOTION: Council Langdon made a motion to approve the gas well
application as set out in Ordinance 654, with the additions of
sections providing for reductions in the setbacks and review of
insurance and other financial instruments, and with the
incorporation of the exhibits as noted in the ordinance. Council
Member Brittan seconded the motion. The motion carried by a
vote of 4-0.
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 655, AMENDING
ORDINANCE 653 CALLING AND ORDERING AN ELECTION FOR THE PURPOSE
OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 14, 2011.
MOTION: Council Rennhack made a motion to approve Ordinance 655.
Council Member Cox seconded the motion. The motion carried by
a vote of 4-0.
Town Council Minutes
01/31/11
Page 3 of 3
7. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the
meeting. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 7:59 p.m.
APPROVED BY THE TOWN COUNCIL FEBRUARY 28, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Office of the Town Secretary Meeting Date: February 28, 2011
Staff Contact: Kelly Edwards, Town Secretary Consent
Subject: Consider a Resolution authorizing the Mayor to enter into a Joint Election
Agreement with Denton County to conduct the General election to be held on
May 14, 2011.
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.
EXECUTIVE SUMMARY
The order calling the General Election was passed on January 24th
. As outlined in the election
order, the term of office for the elected officials is two (2) years. (expiring May 2013). There are
three (3) Council seats that expire May 2011. Those are Council Members Langdon, Rennhack
and the vacant seat.
In previous years the Town has contracted with Tarrant County to conduct the May election for
all of our residents. The most common complaint Election Administrators receive is the
confusion of having to vote at different locations depending on the date of the election. For that
very reason the County Election Administrators have asked all cities/towns that are divided by
the county line to contract with both counties to conduct their elections.
There are no changes of polling locations for Tarrant County residents. Residents living in
Denton County will now vote at a Denton County polling location during Early Voting and their
normal polling location on Election Day. (normal election day location is the same location they
would vote during a March or November election)
Early Voting will be held May 2nd through May 10th in Denton and Tarrant Counties. Early and
Election Day voting for Tarrant County residents will take place in the Council Chamber /
Courtroom at the Solana Office Complex (Tarrant County voters can vote at Town Offices May
3rd through May 5th
). Each County will process their respective requests for ballots by mail and
federal postcard ballots.
Page 2 of 2
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
The total election cost will increase by approximately $1600.00 to $2000.00 due to contracting
with both counties and the publication requirements for the Notice of Election. Should we
exceed the budgeted amount an amendment will be proposed.
Approve the Resolution.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Resolution
ATTACHMENTS
Draft Contract
Resolution 11-04
Page 1 of 1
TOWN OF WESTLAKE
RESOLUTION NO. 11-04
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ELECTION AGREEMENT
WITH DENTON COUNTY FOR THE GENERAL ELECTION TO BE HELD ON
MAY 14, 2011.
WHEREAS, the Town of Westlake will conduct a General Election on May 14, 2011; and
WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each
entity that said elections be held jointly on May 14, 2011; and
WHEREAS,
the Town of Westlake desires to select the Denton County Elections
Administrator to conduct and coordinate the joint elections for the residents of Westlake that live in
Denton County.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1:
The parties hereto agree to hold an election jointly on May 14, 2011, from
7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said
election will be conducted jointly pursuant to the terms of this agreement, attached as Exhibit “A”.
SECTION 2
: 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 3
: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 28th
DAY OF FEBRUARY 2011.
ATTEST:
_______________________________
____________________________ Laura L. Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM: _______________________________
Thomas E. Brymer, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 11
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Denton County:
Town of Argyle
Town of Bartonville
Town of Copper Canyon
City of Corinth
Town of Cross Roads
City of Denton
Town of DISH
Town of Double Oak
Town of Flower Mound
City of Fort Worth
City of Hackberry
City of Hebron
Town of Hickory Creek
City of Highland Village
City of Justin
City of Krugerville
City of Krum
City of Lake Dallas
City of Lewisville
Town of Little Elm
Town of Northlake
City of Oak Point
City of Pilot Point
Town of Ponder
Town of Providence Village
City of Roanoke
City of Sanger
Town of Shady Shores
City of Southlake
City of The Colony
Town of Trophy Club
Town of Westlake
Argyle Independent School District
Aubrey Independent School District
Denton Independent School District
Krum Independent School District
Lake Dallas Independent School District
Lewisville Independent School District
Little Elm Independent School District
Northwest Independent School District
Pilot Point Independent School District
Ponder Independent School District
Sanger Independent School District
Mustang SUD
Trophy Club MUD 1
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code
Section 11.0581 for a joint May 14, 2011 election to be administered by Frank Phillips, Denton County Elections Administrator,
hereinafter referred to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 14, 2011.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which
has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant
with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The
contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such
use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of
Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
Page 2 of 11
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the
Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle
all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the
Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its
election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be
taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services
for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be
pro-rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible
to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required election
orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating
authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the
preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating
authority, including translation to languages other than English. Each participating authority shall provide a copy of their
respective election orders and notices to the Denton County Elections Administrator.
The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States
Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of
1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission
and any correspondence from the Department of Justice.
The joint submission prepared by the Elections Administrator will not include submission of information for any special
elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own
submissions to the United States Department of Justice for special election procedures, or any changes that are specific to
their own political subdivision.
By signing this agreement, each participating authority certifies that it has no unresolved preclearance or
voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election.
The Elections Administrator will file an amended submission to the United States Department of Justice in the event
that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one
or more participating authorities pursuant to Section XII of this contract.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations.
Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each
participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and
Page 3 of 11
the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the
event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate
location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating
authorities of any changes from the locations listed in Attachment A.
If polling places for the May 14, 2011 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 14, 2010 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivisi on’s
polling place names and addresses in effect for the May 14, 2011 election. This notice shall be written in both the English and
Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place
officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as
amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one
or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is
unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the
Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by
that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32
of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election
are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment,
the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge
may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to
Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election
supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at
the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early
voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel
working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at
the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006.
Page 4 of 11
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the
County’s electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs,
maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure
availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do
not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the
electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a
voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to
vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections
Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to
enable the election judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the
order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including
titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible
for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory
shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting
system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot
that is scanned at the polling place using Denton County’s eScan voting system only if a participating authority chooses to use
both paper and electronic. Provisional ballots cast on Election Day will be cast only on the eSlate electronic voting system to
prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner.
Due to current limitations of the county’s eScan ballot scanners, it is necessary that in the event ballot content for a
particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day voting
for that particular authority or ballot style must be held on the county’s eSlate voting system.
If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that
participating authority at each polling location that is shared with other participating authorities that don’t wish to have both
paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same
Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered
per polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for
the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required
by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early
Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees
to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by
Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent
Page 5 of 11
employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without
additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail
in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail
received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis
and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the
daily reports showing the previous day’s early voting activity will be distributed to each participating authority no later than 8:00
AM each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election.
The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to
constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process
the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central counting station to receive
and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election
Code, appoint the following central counting station officials:
Counting Station Manager: Frank Phillips, Denton County Elections Administrator
Tabulation Supervisor: Sara Tischler, Denton County Technical Operations Manager
Presiding Judge: Randie Geistman
Alternate Judge: Paula Paschal
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing
unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public
by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the
accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be
released to the participating authorities at the remote collection sites or by phone from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will
deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated.
The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code
Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be
responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the
Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these
reports for each participating authority unless requested otherwise.
Page 6 of 11
The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section
127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the
recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY
The Elections Administrator shall administer only the Denton County portion of the Town of Flower Mound’s election.
The Elections Administrator shall administer only the Denton County portion of the City of Fort Worth’s election.
The Elections Administrator agrees to administer the entire Lewisville election including that portion of Lewisville that is
within Dallas County.
The Elections Administrator shall administer only the Denton County portion of Northwest ISD’s election.
The Elections Administrator agrees to administer the entire Pilot Point ISD election including that portion of Pilot Point
ISD that is within Cooke and Grayson Counties.
The Elections Administrator shall administer only the Denton County portion of the City of Roanoke’s election.
The Elections Administrator shall administer only the Denton County portion of the City of Southlake’s election.
The Elections Administrator shall administer only the Denton County portion of the Town of Trophy Club’s election.
The Elections Administrator shall administer only the Denton County portion of the Trophy Club MUD 1’s election.
The Elections Administrator shall administer only the Denton County portion of the Town of Westlake’s election.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if
applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating
authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day
voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original
election and the runoff election, shall be submitted by the authority making the change to the United States Department of
Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May
14, 2011 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite
preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall
be Saturday, June 18, 2011.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless
specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per
election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally
Page 7 of 11
among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-
rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly
charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges
or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than
50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the
authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs
associated with the polling place where it has the greatest number of registered voters.
The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be
shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among the
number of participating authorities.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each
early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the
early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early
voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten
percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any
individual jurisdiction if the above formula results in a cost allocation that is inequitable.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. Any monies deposited with the Elections Administrator by
the withdrawing authority shall be refunded, minus a cancellation fee of $75.00.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in accordance
with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be
stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and
retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the
Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open
records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is
applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any
notice of pending election contest, investigation, litigation or open records request which may be filed with the participati ng
authority.
Page 8 of 11
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding
officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections
Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or
employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct
a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections
Administrator may contract with such other districts or political subdivisions for such purposes and that in such
event there may be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton
County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or
other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations
of the parties created hereunder are performable in Denton County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as
a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each
participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of this
estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority’s
obligation under the terms of this agreement shall be calculated after the May 14, 2011 election (or runoff election, if
applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to the
Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator.
However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections Administrator shall
refund to the authority the excess amount paid within 30 days after the final costs are calculated.
Page 9 of 11
The total estimated obligation and required deposit for each participating authority under the terms of this agreement
shall be as follows:
Estimated Deposit
Political Subdivision Cost Due
Town of Argyle $2,209.55 $1,988.59
Town of Bartonville $1,804.08 $1,623.67
Town of Copper Canyon $1,484.01 $1,335.61
City of Corinth $2,094.42 $1,884.98
Town of Cross Roads $1,251.22 $1,126.10
City of Denton $7,480.90 $6,732.81
Town of DISH $1,380.82 $1,242.74
Town of Double Oak $2,057.93 $1,852.14
Town of Flower Mound $4,441.05 $3,996.94
City of Fort Worth $3,502.89 $3,152.60
City of Hackberry $1,792.23 $1,613.00
City of Hebron $400.00 $360.00
Town of Hickory Creek $2,144.29 $1,929.86
City of Highland Village $2,976.26 $2,678.63
City of Justin $1,694.57 $1,525.11
City of Krugerville $1,309.15 $1,178.24
City of Krum $1,699.43 $1,529.49
City of Lake Dallas $2,956.68 $2,661.02
City of Lewisville $4,259.88 $3,833.89
Town of Little Elm $4,393.38 $3,954.04
Town of Northlake $1,788.40 $1,609.56
City of Oak Point $1,475.67 $1,328.10
City of Pilot Point $1,286.88 $1,158.19
Town of Ponder $1,558.66 $1,402.80
Town of Providence Village $1,483.40 $1,338.03
City of Roanoke $2,131.80 $1,918.62
City of Sanger $2,598.93 $2,339.03
Town of Shady Shores $2,046.71 $1,842.04
City of Southlake $1,399.57 $1,259.61
City of The Colony $4,142.48 $3,728.23
Town of Trophy Club $1,823.92 $1,641.52
Town of Westlake $400.00 $360.00
Argyle ISD $3,368.30 $3,031.47
Aubrey ISD $3,934.89 $3,541.40
Denton ISD $12,773.78 $11,496.40
Krum ISD $2,739.82 $2,465.84
Lake Dallas ISD $4,306.75 $3,876.07
Lewisville ISD $23,796.07 $21,416.47
Little Elm ISD $8,141.85 $7,327.67
Northwest ISD $6,500.55 $5,850.49
Pilot Point ISD $1,791.99 $1,338.03
Page 10 of 11
Ponder ISD $2,595.71 $2,336.14
Sanger ISD $3,651.43 $3,286.29
Mustang SUD $3,586.56 $3,227.90
Trophy Club MUD1 $1,781.77 $1,603.59
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
Revised 2.10.2011 (4:10 p.m.)
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 28, 2011
Staff Contact: Tom Brymer, Town Manager Consent
Subject: Approval of Resolution Retaining Jody Richardson of Allen, Boone,
Humphries, Robinson, LLP, Attorneys at Law for Certain State
Legislative Support Services
The 82
EXECUTIVE SUMMARY nd Texas Legislature is in session. There are a number of areas of legislative interest that
would have direct impact on the Town’s municipal government and its charter school, Westlake
Academy. This includes dealing with issues such as municipal regulation of oil/gas drilling as
well as State funding of public education. Also, there is special legislation which the Town
Council/Board of Trustees is interested in pursuing during this session that impacts both
Westlake Academy and the Town of Westlake. The Town has a long history of successfully
utilizing the services of Attorney Jody Richardson of Allen, Boone, Humphries, Robinson, LLP,
Attorneys at Law for State legislative support services. Ms. Richardson has worked for the
Town on both Municipal and Academy legislative services, and is very familiar with our needs.
Most recently in the 2009 Special Session, Ms. Richardson represented the Town opposing
legislation that would have removed municipal authority to regulate oil/gas drilling. This
engagement was approved at the Feb. 7th
Board of Trustees’ meeting as it relates to costs
expensed to the Academy’s operating budget and is now submitted on this Town Council agenda
for approval as it pertains to expensing appropriate costs for this service to the Municipal budget.
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
Funding would be apportioned to both the Municipal and Academy budgets based upon the
legislative topic Ms. Richardson is working on for us. Cost of these services would be $5,000
per month during the Regular Session and the same cost per month for Special Session work per
the scope of services submitted (see attachments). While we did not originally budget for any of
this expense in the approved Municipal, adequate funds are anticipated to cover them, although it
will require a subsequent budget amendment.
Page 2 of 2
Recommend adoption of this resolution.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1.) Resolution
ATTACHMENTS
2.) Letter from Jody Richardson of ABHR, LLP describing scope of legislative services.
Resolution XX-05
Page 1 of 2
TOWN COUNCIL/BOARD OF TRUSTEES
TOWN OF WESTLAKE
WESTLAKE ACADEMY
RESOLUTION NO. 11-05
APPROVING THE ACCEPTANCE AND EXECUTION OF AN AGREEMENT WITH
ALLEN, BOONE, HUMPHRIES, ROBINSON LLP, ATTORNEYS AT LAW, FOR 2011
LEGISLATIVE SERVICES RELATED TO THE TOWN OF WESTLAKE, INCLUDING
WESTLAKE ACADEMY.
WHEREAS, the 82nd
Texas Legislature is now in session; and
WHEREAS, a number of areas of legislative consideration by the 82nd
Legislature may
have significant and direct impact on both the Town’s municipal services and its educational
services; and
WHEREAS, the Town Council/Board of Trustees also desires to pursue legislation in
certain areas, as well as pursue maintaining current levels of State public education funding; and
WHEREAS, the Town Council/Board of Trustees desires to have this scope of
legislative services provided to the Town and its municipal charter school, Westlake Academy,
with said scope of services to include certain municipal legislative issues as well as monitoring
the 82nd
Legislature’s budget deliberations, and assisting the Town in its position with the
Legislature related to the State’s level of public education funding for the next Biennium; and
WHEREAS, the Town Council/Board of Trustees finds that the agreement and the
scope of services attached as Exhibit A to this resolution is acceptable and beneficial to the
Town;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL/BOARD OF
TRUSTEES OF THE TOWN OF WESTLAKE, TEXAS:
SECTION 1:
The above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2:
The Town Council/Board of Trustees of the Town of Westlake, Texas,
hereby approves the acceptance and execution of the agreement with Allen, Boone, Humphries,
Robinson, LLP, Attorneys at Law for 2011 legislative services as outlined in the attached Exhibit
“A”.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution XX-05
Page 2 of 2
SECTION 4
: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28th
DAY OF FEBRUARY 2011.
_____________________________
ATTEST: Laura Wheat, Mayor
_____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer,
Town Manager/Superintendent
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
ALl~EN BooNE HUMPHRIES ROBINSON LLP
ATTOR.NEYS AT LAW
PHOENIX TOWER
3200 SOuTHWEST FREEWAY
SUITE 2600
HOUSTON. TEXAS 77027
TEL (713) 860·6400
FAX (13) 860-6401
abhr.com
1108 Lavaca Suite 510
Austin IX 78701
Direct Line: (512) 296-2043 Jody Richardson
Direct Fax: (512) 296-2027 jrichardson@abhr.com Of Counsel
February 2, 2011
Town of Westlake
Attn: Tom Brymer, Town Manager
3 Village Circle, Suite #202
Westlake, TX 76262
Re: Legislative Representation
Dear Tom:
Thank you for discussing issues of importance to the Town of Westlake and
Westlake Academy in connection with the recently commenced 82 Texas Legislature. If
the Town approves, I will forward you a formal engagement letter that includes the
following proposal.
I will represent the Town, and the Academy, as relevant, in connection with
legislation of interest during the 82 nd Legislature. Specifically, I am aware of the
following four issues: (1) obtaining a statutory change that will allow children of Town
employees to secure enrollment in the Academy as an exception to the open-enrollment
lottery, (2) obtaining a statutory change to allow three-year terms for members of the
Town's governing body, (3) monitoring the state's fiscal situation and expressing the
needs of municipalities such as the Town of Westlake for adequate funding and no
unfunded mandates, and (4) monitoring and opposing any legislation that would
impair the ability of the Town to regulate oil and gas drilling activity in the Barnet
Shale, to preserve the health and welfare of the Town and its inhabitants. Additionally,
I will represent the Town and Academy on any other defensive issues under this
engagement.
I propose to work for the Town and the Academy for a fee of $5,000 per month
beginning in January, 2011, and to continue in any month during which the Legislature
is meeting whether in Regular or Special Session. If matters arise that result in the
Town or the Academy desiring proactive legislative work and assistance lobbying for
passage of a bill not listed in this letter, additional fees may be charged.
Thank you for your consideration. Should there be any questions about these issues
or this proposal, please call me at the numbers shown above.
Very truly yours,
ALLEN BOONE HUMPHRIES ROBINSON LLP
By:de'? ~
Jody Richardson
-2
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 28, 2011
Staff Contact: Tom Brymer, Town Manager Consent
Subject: Consideration of Resolution Adopting Amendments to the Town
Council/Board of Trustee Relations Policy and Code of Ethics
This policy was originally reviewed at the Town Council’s (then Board of Aldermen) Strategic
Planning Retreat on June 27-28, 2008. It was also reviewed by the Town Council at their July
14, 2008 workshop. This policy was then adopted with some Council revision at the Council’s
EXECUTIVE SUMMARY
July 28, 2008 Regular Meeting. This Town Council/Board of Trustee Relations Policy and Code
of Ethics focuses on how the Town Council/Board will exercise its governance functions as it
relates to the community and fellow Town Council/Board members, as well as the roles and
conduct of the Town Manager/Superintendent, staff, Mayor, and Council/Board members. This
policy also sets out how the Mayor and Town Council/Board will interact with the news media
and establishes a code of ethics for the Town Council/Board.
These proposed policy amendments were discussed at the Board of Trustee’s February 7, 2011
workshop in the context of improving Board meeting effectiveness. The Board, with minor
changes, was in consensus regarding on these amendments. Consequently, they have been
placed on this Town Council agenda for consideration for adoption. If adopted, the amended
policy would be applied to both Town Council and Board of Trustees meeting structure and
format. These amendments involve adding language that 1.) establishes a process for
administrative inquiries of a brief nature by the Town Council/Board members, 2.) streamlines
workshop meetings by adding reports which do not
require presentation unless the Town
Council/Board desires one, and 3.) states the Town Council’s/Board’s desire to have its
meetings, to the extent practicable and especially its work shop meetings, have a focus related to
strategic plans and policy issues.
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
Page 2 of 2
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Recommend adoption of the Resolution adopting this policy with the amendments described
above.
ATTACHMENTS
Resolution with own Council/Board of Trustee Relations Policy and Code of Ethics Proposed
Amendments (note: proposed amendments are highlighted in yellow).
Town Council Member
Board of Trustee
Relations Policy
and
Code of Ethics
Page 2 of 10
We Will Never bring disgrace to this, our Town , by any act of dishonesty or
cowardice; we will fight for our ideals and sacred things of the Town , both
alone and with many; We will never bring disgrace to this, our Town , by any
act of dishonesty or cowardice; we will fight for our ideals and sacred things
of the Town , both alone and with many; we will revere and obey the Town ’s
laws and do our best to incite a like respect and reverence in those about us;
we will strive unceasingly to quicken the public’s sense of civic duty; and thus
in all the ways we will strive to transmit this Town not only not less but
greater, better and more beautiful than it was transmitted to us.
The Ephebic Oath was that taken by the young men of
the ancient Athens when they became
of age to assume the responsibility of citizenship
Page 3 of 10
The Westlake Town Council is the governing body for the Town of Westlake and the Board of
Trustees is the governing body for Westlake Academy; therefore, they must bear the initial
responsibility for the integrity of governance. The Council/Board is responsible for its own
development (both as a body and as individuals), its responsibilities, its own discipline, and its
own performance. The development of this policy is designed to ensure effective and efficient
governance.
This policy will address Mayor/President and Council/Board relations, Council/Board and Staff
relations, and Council/Board and media relations. By adopting these guidelines for elected
officials, we acknowledge our responsibility to each other, to our professional staff, and to the
public. The Council/Board will govern the Town/Academy in a manner associated with a
commitment to the preservation of the values and integrity of representative local government and
democracy, and a dedication to the promotion of efficient and effective governing. The following
statements will serve as a guide and acknowledge the commitment being made in this service to
the community:
1. The Council/Board has as high priorities the continual improvement of the member’s
professional ability and the promotion of an atmosphere conducive to the fair exchange of
ideas and policies among members.
2. The Council/Board will endeavor to keep the community informed on municipal/academy
affairs; encourage communication between the residents and the Council/Board; strive for
strong working relationships among neighboring municipalities and elected officials.
3. In its governance role, the Council/Board will continue to be dedicated to friendly and
courteous relationships with Staff, other Council/Board members, and the public, and seek to
improve the quality and image of public service.
4. The Council/Board will also strive to recognize its responsibility to future generations by
addressing the interrelatedness of the social, cultural, and physical characteristics of the ties
of the community when making policies.
5. And finally, each Council/Board member will make a commitment to improve the quality of
life for the individual and the community, and to be dedicated to the faithful stewardship of
the public trust.
Page 4 of 10
Town of Westlake Council/Board Member
Statement of Purpose
In order to ensure the proper discharge of duties for the improvement of democratic municipal and school
governance, Westlake Council/Board Members should display behavior that demonstrates independent,
impartial review of all matters addressed by them and be duly responsible to the residents of Westlake
and to each other in their relationships.
SECTION I
MAYOR/PRESIDENT—COUNCIL/BOARD RELATIONS
A. MAYOR ’S /PRESIDENT RESPONSIBILITIES
1. The Mayor /President shall be the presiding officer at all meetings. The Mayor Pro-tem shall
preside in his/her absence.
2. Except as provided for by State law pertaining to voting on Council/Board matters, the Mayor
/President shall have a voice in all matters before the Council/Board.
3. The Mayor /President shall preserve order and decorum and shall require Council/Board members
engaged in debate to limit discussion to the question under consideration.
4. The Mayor /President is the spokesperson for the Council/Board on all matters unless absent, at
which time his/her designee will assume the role.
5. The Mayor/President will encourage all Council/Board members to participate in Council/Board
discussion and give each member an opportunity to speak before any member can speak again on
the same subject.
6. The Mayor /President may limit each speaker to five (5) minutes to ensure an efficient use of time.
The Mayor/President is responsible for keeping the meetings orderly by recognizing each member
for discussion, limiting speaking time, encouraging debate among members and keeping discussion
on the agenda item being considered.
7. Should a conflict arise among Council/ Board members, the Mayor/President will serve as the
mediator.
Page 5 of 10
B. MAYOR /PRESIDENT AND COUNCIL/BOARD RESPONSIBILITIES
1. Any Council/Board member may request at a workshop and / or regular meeting, under “Future Agenda
Item Requests”, an agenda item for a future meeting. The Council/Board member making the request
will contact the Town Manager/Superintendent with the requested item and the Town
Manager/Superintendent will list it on the agenda. At the meeting, the requesting Council/Board
member will explain the item, the need for discussion of the item, the item’s relationship to the strategic
priorities, and the amount of estimated staff time necessary to prepare the item for discussion. If the
requesting Council/Board member receives a second, the Town Manager/Superintendent will place
the item on the agenda calendar allowing for adequate time for staff preparation on the agenda item.
2. Requests for Administrative Inquiry. A Council/Board member may request that the Town
Manager/Superintendent investigate a specific topic or subject and report staff’s response and/or
findings back to the entire Council/Board by brief email. Adminstrative inquiries are strictly intended
for items that are of interest to the Council/Board as a whole, will require only brief
staff time to
investigate and respond, and in the Council’s/Board’s view does not merit time or discussion at a
Council/Board meeting. The requesting Council/Board member will explain the topic of the
administrative inquiry and the reason(s) it is desired to have staff investigate this item.
3. Reports. Reports are prepared by staff and placed on Council/Board work shop agendas for
informational purposes and will be accepted as presented. There will be no presentation for these items
or separate discussion unless a Council/Board member requests that a report be removed and discussed
separately.
4. Each Council/Board member is responsible for being prepared to attend the meetings and discuss
the agenda and is encouraged to attend at least one Texas Municipal League or Texas Charter
School sponsored conference each year in order to stay informed on issues facing municipalities
and charter schools.
5. It is the responsibility of Council/Board members to be informed about previous action taken by the
Council/Board in their absence. In the case of absence from a work session where information is
given, the individual Council/Board member is responsible for obtaining this information prior to
the Council/Board meeting when said item is to be voted upon.
6. When addressing an agenda item, the Council/Board member shall first be recognized by the
Mayor/President, confine himself/herself to the question under debate, avoid reference to
personalities, and refrain from impugning the integrity or motives of any other Council/Board
member or Staff member in his/her argument or vote.
7. In the absence of a ruling by the Mayor/President on any procedural matter, a Council/Board
member may move to change the order of business or make any other procedural decision deemed
appropriate. The affirmative vote of a majority of the Council/Board members present and voting
shall be necessary to approve the motion.
Page 6 of 10
8. Any Council/Board member may appeal to the Council/Board as a whole from a ruling by the
Mayor/President. If the appeal is seconded, the person making the appeal may make a brief
statement and the Mayor/President may explain his/her position, but no other member may speak
on the motion. The Mayor/President will then put the ruling to a vote.
9. Any Council/Board member may ask the Mayor/President to enforce the rules established by the
Board. Should the Mayor/President fail to do so, a majority vote of the Council/Board members
present shall require him/her to do so.
10. When a Council/Board member is appointed to serve as liaison to an affiliate board, the
Council/Board member is responsible for keeping all Council/Board members informed of
significant activities.
11. As much as practicable, Council/Board agendas, particularly workshop meetings, should be
centered on the Council’s/Board’s strategic plans and related policy matters. To achieve that end,
the Town Manager/Superintendent and his/her Staff will work to facilitate that focus.
CODE OF CONDUCT FOR MAYOR AND BOARD MEMBERS
During the Council/Board meetings, members shall preserve order and decorum, shall not interrupt or
delay proceedings, and shall not refuse to obey the orders of the Mayor/President or the rules of the
Council/Board. Council/Board members shall demonstrate respect and courtesy to each other, to
professional Staff, and to members of the public appearing before the Council/Board. Council/Board
members shall refrain from rude and derogatory comments and shall not belittle Staff members, other
Board members, or members of the public. They should not use their position to secure special
privileges and should avoid situations that could cause any person to believe that they may have brought
bias or partiality to a question or issue before the Council/Board.
Members of the Council/Board will not condone any unethical or illegal activity. All members of the
Council/Board agree to uphold the intent of this policy and to govern their actions accordingly.
Page 7 of 10
SECTION II
BOARD AND STAFF RELATIONS
No single relationship is as important as that of the Council/Board and their Town Manager
/Superintendent in effectively governing the Town of Westlake/ Westlake Academy. It is for this reason
that the Council/Board and Town Manager /Superintendent must understand their respective roles in that
process. The Town Manager/Superintendent is the primary link between the Council/Board and the
professional Staff. The Council’s/Board’s relationship with the Staff shall be through the Town
Manager/Superintendent.
1. In order to ensure proper presentation of agenda items by Staff, questions arising from
Council/Board members after receiving their information packet should be, whenever possible,
presented to the Town Manager /Superintendent for Staff consideration prior to the meeting. This
allows the Staff time to address the member’s concern and provide all members with the additional
information.
2. The Town Manager /Superintendent shall designate the appropriate Staff member to address each
agenda item and shall see that each presentation is prepared and presented in order to inform and
educate the Council/Board on the issues which require action. The presentation should be
professional, timely, and allow for discussion of options for resolving the issue. The Staff member
making the presentation shall either make it clear that no action is required, or present the specific
options for Council/Board consideration.
3. T he Town Manager /Superintendent is directly responsible for providing information to all the
Council/Board concerning any inquiries by a specific Board member. If the Town Manager or
his/her Staff’s time is being dominated or misdirected by a Council/Board member, it is his/her
responsibility to inform the Mayor/President.
4. The Town Manager/Superintendent will be held responsible for the professional and ethical behavior
of himself/herself and the discipline of his/her Staff. The Town Manager/Superintendent is also
responsible for seeing that his/her Staff receives the education necessary to address the issues facing
municipal government.
5. Any conflicts arising between the Town Staff and the Council/Board will be addressed by the
Mayor/President and the Town Manager /Superintendent.
All Staff members shall show each other, each Council/Board member, and the public respect and
courtesy at all times. They are also responsible for making objective, professional presentations to
ensure public confidence in the process.
7. The Town Manager /Superintendent, after an election, will make sure that the Staff has prepared
information needed for the orientation of new Council/Board members and inform them of any
Texas Municipal League/Texas Charter School conferences and seminars available. The Town
Manager /Superintendent will also be responsible for meeting personally with new members and
informing them about Town/Academy facilities and procedures.
Page 8 of 10
8. The Town Manager/ Superintendent is responsible for the orientation of all new Council/Board
members after an election. The orientation shall include meeting procedures, Staff and media
relations, current agenda items and leadership training programs.
SECTION III
COUNCIL/BOARD AND MEDIA RELATIONS
Since the democratic form of government is only successful when the citizens are kept informed and
educated about the issues facing their municipality, it is imperative the media play an important role in the
council-manager-media relations. It is through an informed public that progress is insured and good
government remains sensitive to its constituents. These guidelines are designed to help ensure fair
relationships with print, radio, and television reporters. The Council/Board and the Town Manager/
Superintendent recognize that the news media provides an important link between the Council/Board and
the public. It is desire to establish a professional working relationship to help maintain a well informed
and educated citizenry.
1. During the conduct of official business, the news media shall occupy places designated for them or
the general public.
2. All reporters will have access to an agenda and will be furnished support material needed for
clarification if requested.
3. In order to preserve the decorum and professionalism of Council/Board meetings, the media are
requested to refrain from conversing privately with other people in the audience and to conduct any
interview with the public outside the meeting room while the Council/Board is in session.
4. Since each government body conducts business differently, it is requested that all reporters new to
Board meetings meet with the Town Manager/Superintendent, Mayor/President, or the designated
media relations representative prior to covering their first meeting to be informed of the policies and
procedures to help foster a professional working relationship between the media reporter and the
Town.
5. On administrative matters, the Town Manager/Superintendent is the spokesperson, unless he/she has
appointed a media relations person to present staff information on the agenda.
6. The Mayor/President, or his/her designee, is the primary spokesperson for the Town/Academy on
matters regarding policy decisions or any Council/Board information pertaining to issues on the
agenda. In order to ensure fair treatment of an issue, any clarifications requested by the media on the
issue should be addressed after the meeting. When opposing positions have been debated, regardless
of the outcome, the public is better informed when all sides have adequate coverage by the media.
This lets the public know that the item was seriously debated and options discussed before a vote
Page 9 of 10
was taken, and helps build confidence in the democratic process.
7. The Town of Westlake Council/Board is made up of five (5) Council/Board Members and a
Mayor/President, each elected by the residents of Westlake. In respect to each Council/Board
Member and his/her constituents, his/her views as presented on an issue before the Board should
provide equitable representation from all members. Even though Council/Board members may
express differing ideas, equitable representation helps promote unity of purpose by allowing the
public to be informed of each member’s position during his/her term of office and not only during an
election campaign.
Page 10 of 10
We all have the responsibility to protect the integrity
of our governing process and therefore,
have read and agreed to the above guidelines.
Town of Westlake Council/Board Member
Code of Ethics
The office of elected officials is one of trust and service to the residents of the Town of Westlake and
Westlake Academy. This position creates a special responsibility for the Westlake Council/Board
Member. In response to this, the Westlake Council/Board is expected to govern this Town in a manner
associated with a commitment to the preservation of the values and integrity of representative local
government and local democracy and a dedication to the promotion of efficient and effective governing.
To further these objectives, certain ethical principles shall govern the conduct of every Council/Board
Member, who shall:
1. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in
order that the member may merit the respect and confidence of the residents of Westlake;
2. Recognize that the chief function of local government at all times is to serve the best interests of all of
the people;
3. Be dedicated to public service by being cooperative and constructive, and by making the best and
most efficient use of available resources;
4. Refrain from any activity or action that may hinder one’s ability to be objective and impartial on any
matter coming before the board. Do not seek nor accept gifts or special favors; believe that personal
gain by use of confidential information or misuse of public funds or time is dishonest;
5. Recognize that public and political policy decisions, based on established values, are ultimately the
responsibility of the board and
6. Conduct business in open, well publicized meetings in order to be directly accountable to the
residents of Westlake. It is recognized that certain exceptions are made by the State for executive
sessions; however, any action as a result of that type of meeting will be handled later in open session.
Resolution 11-06
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 11-06
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING CERTAIN AMENDMENTS TO THE TOWN
COUNCIL/BOARD OF TRUSTEE RELATIONS POLICY AND CODE OF
ETHICS.
WHEREAS, the Westlake Town Council recognizes the importance of its
governance function as it relates to providing effective local government for Westlake
residents and businesses; and,
WHEREAS, the Westlake Town Council desires, in the spirit of continuous
improvement, to find ways through its policies and procedures to conduct its business and
its meetings in the most effective way to carry out its governance role; and,
WHEREAS, the Town Council has determined that certain amendments to its
Town Council/Board of Trustee Relations Policy and Code of Ethics, originally adopted
July 28, 2008, would assist in achieving that end; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the
best interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1:
That, all matters stated in the Recitals hereinabove are found to be
true and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Town Council/Board of Trustees Relations Policy and Code of Ethics as
amended and attached hereto as Exhibit “A”.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the Council hereby determines that it would have
adopted this Resolution without the invalid provision.
Resolution 11-06
Page 2 of 2
SECTION
4: That this resolution shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 28TH DAY OF FEBRUARY, 2011.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kelly Edwards , Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: February 28, 2011
Staff Contact: Debbie Piper Consent
Subject: Acceptance of the annual Comprehensive Annual Financial Report (CAFR)
presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for
the fiscal year ended September 30, 2010.
The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited
annually by outside independent accountants. The result of this independent audit is the receipt
of an unqualified opinion or “clean” opinion again this year. This means the auditors have found
that these financial statements present fairly, in all material respects, the financial position of the
Town of Westlake at September 30, 2010. We are also pleased that there were no “Management
Letter” comments for the current year.
EXECUTIVE SUMMARY
As implemented in previous years, we have included the Texas Student Housing (TSH) audited
information in our report. Because the Town Council may appoint and/or remove a director of
the Texas Student Housing Board, it was determined that TSH should be considered a
component unit of the Town. This information has been included in the financials and in the
footnotes. It was also noted that the debt of TSH is not a liability of the Town.
The inclusion of this information in the Town’s audit will not affect any future bond ratings nor
have a negative impact on the Town’s overall debt ratio for the purpose of securing additional
financing in the future.
Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the
most important financial activities of the Town. This report represents and reflects upon the
Town’s financial operations and condition to the Town’s residents, elected officials,
management personnel, financial institutions, rating agencies, and all other parties interested in
the financial affairs of the Town.
Additionally, the Town began participating in the Government Finance Officer Association’s
(GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal
year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for
governmental financial reporting. Therefore, we are pleased to announce that the Town has
recently received this award for our third submission.
This award is presented based on the required contents of the CAFR document, and ensures that
certain required financial disclosures are presented in the document. All governmental entities
that participate in the program must include these disclosures in their CAFR. We believe the
Page 2 of 2
September 30, 2010 CAFR is in compliance with these disclosure requirements, and the Town
will be awarded our 4th consecutive certificate.
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
Acceptance of the annual CAFR
RECOMMENDATION/ACTION REQUESTED
Resolution
ATTACHMENTS
*”Draft” Comprehensive Annual Financial Report for the FY ended September 30, 2010.
(attached to final copy of the resolution)
Resolution 11-07
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 11-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ACCEPTING THE ANNUAL COMPREHENSIVE ANNUAL FINANCIAL
REPORT PRESENTED BY PATTILLO, BROWN & HILL, L.L.P., CERTIFIED
PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2010.
WHEREAS, Section 103.001 of the Local Government Code requires that a
municipality shall have its records and accounts audited annually and shall have an annual
financial statement prepared based on the audit; and
WHEREAS, Section 103.002 of the Local Government Code requires that a
municipality shall employ at its own expense a certified public accountant who is licensed in
this state or a public accountant who holds a permit to practice from the Texas State Board of
Public Accountancy to conduct the audit and to prepare the annual financial statements; and
WHEREAS, the firm of Pattillo, Brown & Hill, L.L.P., Certified Public Accountants,
was selected and approved by the Town Council on July 12, 2006 for a five year engagement to
include the performance of the Town of Westlake’s financial audit for the year ended
September 30, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE:
SECTION 1:
That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
That the Town Council does hereby accept the fiscal year 2009-2010
Comprehensive Annual Financial Report from Pattillo, Brown & Hill, L.L.P., Certified Public
Accountants.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Council hereby determines that it would have adopted this Resolution
without the invalid provision.
Resolution 11-07
Page 2 of 2
SECTION 4:
PASSED AND APPROVED ON THIS 28
That this resolution shall become effective from and after its date of
passage.
th
DAY OF DECEMBER 2011.
__________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
___________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 3
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 28, 2011
Staff Contact: Tom Brymer, Town Manager Consent
Subject: Consideration of a Resolution Approving an Economic Development
Agreement Between the Town of Westlake and the Marriott Solana Hotel and a
Budget Amendment to Fund Said Agreement.
EXECUTIVE SUMMARY
This proposed grant agreement in the amount of $90,000 is the same in its contract terms as the
grant agreement approved last year by the Town Council (which recently expired), although the
funding amount is different because it is covering just one fiscal year (note
: the previous grant
amount covered 2 fiscal years as it pertained to the Town’s shuttle bus cost participation). There
are two (2) components to this proposed economic development grant that would disburse
hotel/motel occupancy tax funds from the Town to the Marriott Solana. They are:
Shuttle Bus Transportation Cost Participation
. An amount of $60,000 is proposed for the
Town’s participation in a portion of the operating cost of Marriott providing shuttle bus
service to its guests. Marriott Solana management has shared with Council in previous
meetings the importance this shuttle bus service has to this property maintaining its
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
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. This grant amount of $60,000 for shuttle bus
transportation cost participation has been increased from the previous grant amount of
$56,000 due to increased bus fuel costs.
Group Business Incentive Program. An amount of $30,000 is again proposed for what
would be the second year of this 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 economic development agreement modeled after
a program in Addison, Texas. This program allows 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 (see Exhibit C to the grant agreement
below for details.
Page 2 of 3
The grant agreement that recently expired was last discussed by the Council at its January 24,
2011 workshop as a part of a presentation by the Marriott Solana General Manager, Discussion
of the grant agreement that recently expired also occurred at the Council’s August 10, 2009 and
October 5, 2009 workshops. Recommendations from staff related to the now expired 2010-11
grant agreement, as well as to this proposed grant agreement for 2011-12 are based on the
following:
• The Town Council adopted an economic development policy in 2006 (Resolution 06-19).
This proposed agreement comports to that policy. 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.
• This proposed grant agreement 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.
• This proposed agreement continues the requirement for performance measures to be
included in required quarterly reports submitted by the Marriott Solana to the Town.
These reports will be important for evaluating the success and impact of this economic
development grant on: 1.) maintaining this important Town revenue stream and 2.)
growing this revenue stream in a 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.
Page 3 of 3
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
o Tourism development
Funded Not Funded N/A
FISCAL IMPACT
If the attached resolution is adopted, the FY 10-11 Visitors Fund Budget would be amended so
that this grant agreement is funded (i.e. it was not in the Adopted ’10-11 Visitors Fund Budget).
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.
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).
Recommend adoption of the resolution approving this economic development grant.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1. Visitors Association Fund Hotel Occupancy Tax Revenue Trend Chart.
ATTACHMENTS
2. Resolution Approving this Economic Development Grant Agreement between the Town
and the Marriott Solana as well as said Economic Development Agreement between the
Town of Westlake and the Marriott Solana.
3. Economic development grant agreement (including exhibits) with 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
Resolution 11-08
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 11-08
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH
THE MARRIOTT SOLANA AND A FY 10-11 BUDGET AMENDMENT TO
FUND SAME.
WHEREAS, the Westlake Town Council, in its current Strategic Plan, has
identified “Hospitality Finds its Home in Westlake” as a strategic vision point and
tourism development as a key result area for that vision point; and,
WHEREAS, the Town of Westlake relies on sales and use taxes to support its
general operations; and,
WHEREAS, the Town Council desires to have new and existing businesses that
maintain and grow their sales and use tax streams, which in turn, enhances the Town’s
financial position and sustainability; and
WHEREAS, the Town Council acknowledges that the Town’s Visitors
Association Fund is a key component of its financial structure and that an economic
development grant to the Marriott Solana hotel will help solidify and maintain that
structure; and,
WHEREAS, Town has an economic development policy adopted by Resolution
06-19 and that this proposed economic development agreement with the Marriott Solana
meets those policy guidelines and meets the requirements of State law for municipalities
to grant 380 economic development grants to businesses located in their boundaries; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the
best interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1:
THAT, all matters stated in the Recitals hereinabove are found to
be true and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Economic Development Grant Agreement with the Marriott Solana attached
hereto as Exhibit “A” as well as approves a budget amendment to the Town’s FY 2010-
2011 Visitors Association Fund by increasing expenditures for this program by $90,000;
and further authorizes the Town Manager to execute said agreement on behalf of the
Town of Westlake.
Resolution 11-08
Page 2 of 2
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the Council hereby determines that it would have
adopted this Resolution without the invalid provision.
SECTION
4: That this resolution shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 28TH DAY OF FEBRUARY, 2011.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
1
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
(“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS
(the “Town”), a Type -A general law municipal corporation organized under the laws of
the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A
DALLAS/FT.WORTH MARRIOTT SOLANA, (“Marriott:), a Hotel. The Town
and Marriott are collectively referred to as the “Parties”.
RECITALS
The Town and Marriott hereby agree that the following statements are true and
correct and constitute the basis upon which the Town and Marriott
have entered into this
Agreement:
A. Marriott owns and operates a 294 (288 plus 6 suites) room, full-service
hotel located at 5 Village Circle, Westlake, Texas,(the “Hotel”) The Hotel provides a
valuable catalyst for visitors, tourism, and economic development to the Town
.
B. In order to increase visitors and tourism, and to maximize the economic
benefits that the Hotel can bring to the Town, the Town and Marriott
desire to enter into
this Agreement.
C. In accordance with Resolution No. 06-19, adopted by the Town Council
on May 8, 2006, attached hereto as Exhibit “A” and hereby made a part of this
Agreement for all purposes, the Town has established an economic development
incentive policy and program pursuant to which the Town will, on a case-by-case basis,
offer economic incentive packages authorized by Chapter 380 of the Texas Local
Government Code, Article III, Section 52-a of the Texas Constitution, and other
applicable laws, that include monetary loans and grants of public money, as well as the
provision of personnel and services of the Town, to businesses and entities that the Town
Council determines will promote State or local economic development and stimulate
business and commercial activity in the Town in return for verifiable commitments from
such businesses or entities to cause specific infrastructure, employment and other public
benefits to be made or invested in the Town (the “380 Program
”).
D. The Town Council has determined that by entering into this Agreement,
the potential increase of visitors and tourism and economic benefits that will accrue to the
Town under the terms and conditions of this Agreement are consistent with the Town’s
economic development objectives and the 380 Program and will further the goals for
positive economic growth, visitors and tourism in the Town
. This Agreement is
authorized by Chapter 380 of the Texas Local Government Code and the 380 Program.
2
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS
.
The Town Council has found at a duly-called and legally-noticed public meeting
through the adoption of Town Resolution No. 11-08, attached hereto as Exhibit “B” and
hereby made a part of this Agreement for all purposes, and the Town and Marriott
hereby
agree, that the recitals set forth above are incorporated herein and true and correct and
form the basis upon which the Parties have entered into this Agreement.
2. DEFINITIONS
In addition to terms defined in the body of this Agreement, the following terms
shall have the definitions ascribed to them as follows:
.
380 Program
has the meaning ascribed to it in Recital C.
Affiliate means all entities, incorporated or otherwise, under common control
with, controlled by or controlling Marriott
. For purposes of this definition, “control”
means fifty percent (50%) or more of the ownership determined by either value or vote.
Program Grants means the annual allowable economic development grants paid
(whether in one or multiple installments) by the Town to Marriott
in accordance with this
Agreement and as part of the 380 Program.
Program Source Funds means an amount of Town funds legally available for
inclusion in a Program Grant that is payable to Marriott in a given Program Year, which
shall be derived from hotel occupancy taxes generated by the Hotel and received by the
Town
pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of
the Town.
Program Year means the Town’s fiscal year (i.e. October 1 through September
30th) in which the Town is obligated pursuant to this Agreement to pay Marriott
a
Program Grant, beginning with the first full calendar year following the execution of this
Agreement.
Quarterly Report
has the meaning ascribed to it in Section 4.2.
Records
have the meaning ascribed to it in Section 4.3.
Term
has the meaning ascribed to it in Section 3.
3
Town of Westlake Hotel Support Program
has the meaning ascribed to it in
Section 4.1.
3. TERM
.
This Agreement shall be effective as of the date of execution by the Parties (the
“Effective Date
”) and, unless terminated earlier in accordance with this Agreement, shall
expire one (1) year from the Execution Date.
4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS
.
4.1.
Town of Westlake Hotel Support Program
The total amount to be granted by the Town to Marriott
under the terms of
this Agreement for the Town of Westlake Hotel Support Program shall not
exceed $90,000 with said Town of Westlake Hotel Support Program,
consisting of the following two (2) components:
(a.) Group Booking Incentives, the requirements for which are attached
hereto as Exhibit “C” and hereby made a part of this Agreement for all
purposes (the “Hotel Support Agreement”) and details the obligations of
Marriott to receive, and the Town to grant, the Program Grants from the
Program Source Funds during the Program Year related to group bookings
at the Hotel. The purpose of this component of the Town’s Hotel Support
Program shall be to increase new group bookings for the Hotel and to not
incur a decrease in overall group meeting business (i.e. all group bookings
at the Hotel both of new group business and repeat group business), thus
increasing economic development through tourism and business
development activity in the Town. The Group Booking Incentives
provided by the Town
under this Agreement to the Hotel shall not exceed
$30,000 during the term of this Agreement.
(b.) Transportation Costs, for which a total sum of $60,000 shall be
provided by the Town under this Agreement to cover a portion of the
operating cost for bus transportation services provided by the Marriott for
guests of the Hotel. Funds disbursed by the Town under this component
of the Town’s Hotel Support Program shall be made at the end of each
Town fiscal year quarter following submission by Marriott, and
acceptance by the Town, of the Quarterly Report for the preceding quarter.
The purpose of this component of the Town’s Hotel Support Program is to
enhance the Marriott’s ability to increase room nights and retain existing
room nights at the Hotel (as reported in Section 4.2 below), thus
increasing economic development through tourism and business
development activity in the Town. At all times during the term, the name
4
“Westlake, Texas” shall be visibly reflected and marked on both sides of
any shuttle buses or vehicles used by the Hotel.
4.2. Reports and Filings
.
On a quarterly basis during the Term, Marriott shall submit a written
report to the Town specifically delineating its compliance with this
Agreement (the “Quarterly Report”). The Quarterly Report shall be
received by the Town Manager no later than thirty (30) days from the end
of each quarter. Said Quarterly Report will contain, as a minimum, the
following performance measure information for the reporting period in
order for the Town to measure the effectiveness of its investment in this
grant of public funds to Marriott
for this Hotel:
• Total funds paid to date aggregate under this Agreement during the
contract term to Marriott for both components (shuttle bus and
group incentives) of the Town’s
• Total funds spent to date by
Hotel Support Program described
in Section 4.1 of this Agreement
Marriott
• Increases in average daily occupancy at the Hotel
separated by component for
the activities and purposes set out in Section 4.1(a) and 4.1(b) of
this Agreement
• Decreases in average daily occupancy at the Hotel
• Number of room nights generated by new group bookings at the
Hotel
• Number of room nights generated by repeat group business
bookings at the Hotel
• Average number of bus transportation trips daily to DFW Airport
for guests at the Hotel
• Average number of bus transportation trips daily to off-premise
meeting locations for guests at the Hotel
• Average number of bus transportation trips daily to other off-
premise locations (entertainment, shopping, etc) for guests at the
Hotel
• Operating costs incurred by the Hotel during the quarter for shuttle
bus transportation services
• The number of new group bookings made for the Hotel during the
reporting period and the number of repeat group business bookings
made for the Hotel during the reporting period.
• A brief description of marketing/sales efforts made during the
reporting period for the Hotel including:
the number and type of new group sales prospects
identified, targeted, and group sales closed by Marriott
sales staff during the reporting period
the number and type of new group sales made by contacts
from outside the Hotel Marriott
5
4.3. Audits
.
Per the requirements of State law and the Town ordinance establishing the
Town’s hotel-motel occupancy tax, the Town will have the right throughout the
Term to audit any and all financial and business records of Marriott that relate to
the performance of this Agreement and any other documents necessary to
evaluate Marriott’s compliance with this Agreement or with the goals set forth in
this Agreement, including, but not limited to construction documents and invoices
(collectively “Records”). Marriott shall make all Records available to the Town
at the Hotel or at another location in the Town acceptable to both parties
following reasonable advance notice by the Town and shall otherwise cooperate
fully with the Town
during any audit.
5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET
VARIOUS DEADLINES AND COMMITMENTS
.
5.1. Continuous Operation. Following the Completion Date, if Marriott fails
to continuously operate a full-service hotel at 5 Village Circle, Westlake, Texas,
76262, the Town shall have the right to terminate this Agreement by providing
written notice to Marriott without further obligation to Marriott
hereunder.
5.2. Failure to Pay Town Taxes or Fees
.
An event of default shall occur under this Agreement if any legally-
imposed Town taxes or fees owed on, or generated by, the hotel become
delinquent and Marriott or the Affiliate does not either pay such taxes or follow
the legal procedures for protest and/or contest of any such taxes. In this event, the
Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar
days to cure such default. If the default has not been fully cured by such time, the
Town shall have the right to terminate this Agreement immediately by providing
written notice to Marriott
and shall have all other rights and remedies that may be
available to it under the law or in equity.
5.3 Violations of Town Code, State or Federal Law
.
An event of default shall occur under this Agreement if any written
citation is issued to Marriott or an Affiliate due to the occurrence of a violation of
a material provision of the Town Code at the Hotel (including, without limitation,
any violation of the Town’s Building or Fire Codes and any other Town Code
violations related to the environmental condition of the Hotel; or to matters
concerning the public health, safety or welfare) and such citation is not paid or the
recipient of such citation does not properly follow the legal procedures for protest
and/or contest of any such citation. An event of default shall occur under this
Agreement if the Town is notified by a governmental agency or unit with
appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest
6
thereto, any third party with access to the Hotel pursuant to the express or implied
permission of Marriott or an Affiliate, or any a successor in interest thereto, is in
violation of any material state or federal law, rule or regulation on account of the
Hotel, improvements on the Hotel or any operations thereon (including, without
limitation, any violations related to the environmental condition of the Hotel; the
environmental condition other land or waters which is attributable to operations
on the Hotel; or to matters concerning the public health, safety or welfare). Upon
the occurrence of such default, the Town shall notify Marriott in writing and
Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if
Marriott has diligently pursued cure of the default but such default is not
reasonably curable within thirty (30) calendar days, then such amount of time that
the Town reasonably agrees is necessary to cure such default. If the default has
not been fully cured by such time, the Town shall have the right to terminate this
Agreement immediately by providing written notice to Marriott
and shall have all
other rights and remedies that may be available to under the law or in equity.
5.4. Unauthorized Use of Funds and Requirement for Repayment to Town
.
If, during an audit by the Town under the provisions of this Agreement, the Town
determines that the proceeds of this grant have not been utilized by Marriott for
the purposes outlined in this Agreement, Marriott will be given thirty (30)
calendar days to cure (following written notice from the Town) and, if Marriott
fails to cure per the written notice from the Town, Marriott shall immediately
remit to the Town the entire amount under this Agreement paid by the Town to
Marriott during the reporting period during which the Town has identified that
Marriott was not in compliance with the terms of this Agreement. If said amount
is not remitted to the Town within 30 calendar days from the end of the cure
period, that amount demanded for repayment to the Town plus six (6) percent
simple interest on the repayment amount shall be due, in full, to the Town. For
the purposes of this Section, Simple Interest” is defined as a rate of interest
applied to the aggregate amount of the Program Grants paid by the Town to
Marriott during the reporting period in which Marriott
was in violation of this
Agreement.
5.5. Failure to Submit Reports
.
Without limiting the application of Section 5.6, if Marriott fails to submit
any report required by and in accordance with Section 4.2, the Town’s obligation
to pay any Program Grants at the time, if any, shall be suspended until Marriott
has provided and is current on all reports.
5.6. General Breach
.
Unless stated elsewhere in this Agreement, Marriott shall be in default
under this Agreement if Marriott breaches any term or condition of this
Agreement. In the event that such breach remains uncured after thirty (30)
7
calendar days following receipt of written notice from the Town referencing this
Agreement (or, if Marriott has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than thirty
(30) calendar days to cure, then such additional amount of time as is reasonably
necessary to effect cure, as determined by both parties mutually and in good
faith), the Town shall have the right to terminate this Agreement immediately by
providing written notice to Marriott
.
6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP
.
It is expressly understood and agreed that Marriott shall not operate as an
independent contractor or as an agent, representative or employee of the Town. Marriott
shall have the exclusive right to control all details and day-to-day operations relative to
the Hotel Support Program and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply
as between the Town and Marriott, its officers, agents, servants, employees, contractors,
subcontractors, licensees, and invitees. Marriott further agrees that nothing in this
Agreement will be construed as the creation of a partnership or joint enterprise between
the Town and Marriott
.
7. INDEMNIFICATION
.
MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO
DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS,
ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN
, OR
ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR
SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING
FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR
OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS
AGREEMENT.
8. NOTICES
.
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
8
Town: Marriott
:
Town of Westlake _______________________________
Attn: Town Manager _______________________________
3 Village Circle, #202 _______________________________
Westlake, Texas 76262 ____________________________________
With Copies to (which shall not
constitute notice):
Boyle & Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, Texas 75062
9. ASSIGNMENT AND SUCCESSORS
.
Marriott may at any time assign, transfer or otherwise convey any of its rights or
obligations under this Agreement to an Affiliate without the approval of the Town so
long as Marriott, the Affiliate and the Town first execute an agreement approved by the
Town Council of the Town of Westlake under which the Affiliate agrees to assume and
be bound by all covenants and obligations of Marriott under this Agreement. Otherwise,
Marriott may n ot assign, transfer or otherwise convey any of its rights or obligations under
this Agreement to any other person or entity without the prior consent of the Town
Council, conditioned on (i) the prior approval of the assignee or successor and a finding by
the Town Council that the proposed assignee or successor is financially capable of meeting
the terms and conditions of this Agreement and (ii) prior execution by the proposed
assignee or successor of a written agreement with the Town under which the proposed
assignee or successor agrees to assume and be bound by all covenants and obligations of
Marriott under this Agreement. Any attempted assignment without the Town Council’s
prior consent shall constitute a breach and be grounds for termination of this Agreement
and following receipt of written notice from the Town to Marriott. Any lawful assignee or
successor in interest of Marriott of all rights under this Agreement shall be deemed
“Marriott
” for all purposes under this Agreement.
10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS
.
This Agreement will be subject to all applicable Federal, State and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the
Town
’s codes and ordinances, as amended.
11. GOVERNMENTAL POWERS
.
9
It is understood that by execution of this Agreement, the Town
does not waive or
surrender any of it governmental powers or immunities that are outside of the terms,
obligations, and conditions of this Agreement.
12. NO WAIVER
.
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that party’s right to insist upon appropriate performance or to assert any such right on
any future occasion.
13. VENUE AND JURISDICTION
.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas – Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
14. NO THIRD PARTY RIGHTS
.
The provisions and conditions of this Agreement are solely for the benefit of the
Town and Marriott, and any lawful assign or successor of Marriott
, and are not intended
to create any rights, contractual or otherwise, to any other person or entity.
15. FORCE MAJEURE
.
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, inclement weather, or other circumstances which are reasonably beyond the
control or knowledge of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is
similar to any of those enumerated or not, the party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so that the time
period applicable to such requirement shall be extended for a period of time equal to the
period such party was delayed. Notwithstanding anything to the contrary herein, it is
specifically understood and agreed that Marriott
’ failure to obtain adequate financing to
complete the Required Improvements by the Completion Deadline shall not be deemed to
be an event of force majeure and that this Section 15 shall not operate to extend the
Completion Deadline in such an event.
16. INTERPRETATION
.
In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this Agreement.
10
17. SEVERABILITY CLAUSE
. It is hereby declared to be the intention of the
Parties that sections, paragraphs, clauses and phrases of this Agreement are severable,
and if any phrase, clause, sentence, paragraph or section of this Agreement shall be
declared unconstitutional or illegal by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality or illegality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the
same would have been executed by the Parties without the incorporation in this
Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It
is the intent of the Parties to provide the economic incentives contained in this Agreement
by all lawful means.
18. CAPTIONS
.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
19. ENTIRETY OF AGREEMENT
.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between the Town and Marriott, and any lawful assign and successor of Marriott, as to
the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this
Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be
amended unless executed in writing by both parties and approved by the Town Council of
the Town
in an open meeting held in accordance with Chapter 551 of the Texas
Government Code.
20. COUNTERPARTS
.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: _______________________________
_______________________________
a Texas_________________________
By: By:
Thomas E. Brymer _____________________________
Town Manager _____________________________
11
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry
Town Attorney
EXHIBITS
“A” – Town
of Westlake Resolution No. 06-19
“B” – Town
of Westlake Resolution No. 11-08
“C” – Town of Westlake Hotel Support Program re: Group Booking Incentives
H:\Boyle-Lowry\BEDFORD\bfd-agreements\wl-agr econ dev agr Marriott.DOC
Resolution 10-02
Attachment “C”
TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM
GROUP INCENTIVES
Description: A Town of Westlake cooperative marketing program designed to assist the Dallas/Fort Worth Marriott
Solana Hotel (Hotel) in bringing group business to Westlake. The groups eligible for incentives under this program shall be
new business or, under certain restrictions, groups that have previously stayed at the Hotel, but are considering other hotels
in the area. Through this program, the Town of Westlake and the Hotel share in providing hospitality lodging and amenities
that will encourage groups to choose Westlake as their destination.
Guidelines:
Requests for incentive funds shall be submitted for approval by the Hotel to the Town prior to the Hotel submitting a
bid for the group business under this program. Under no circumstances shall incentive funds from this program be
offered after a group has made their decision to book at the Hotel.
Applications submitted for groups for which the Hotel wishes to utilize this group business incentive must be accepted
by the Hotel’s Sales Manager for group business that will take place in the current fiscal year or future years.
An application for group business under this agreement may not be booked by the same organization more than twice
in an eighteen (18) consecutive month period without prior approval from the Town of Westlake Town Manager.
Generally preference will be given for group business incentives to attract new group business to the Hotel.
Proposed group business shall book a minimum of $10,000 in per night room revenue to be considered eligible for this
consideration for this incentive.
A maximum incentive of a $5,000 discount is available to the Hotel for each group (with total available dollars set for
this program for FY 09-10 being $30,000). This incentive will be calculated as follows: apply 75% to the per night
room revenue that the Town would normally receive (7%) from the prospective group’s 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 incentive, if approved by the Town Manager.
For groups receiving the benefit of this group incentive under this program, the Town of Westlake shall receive sponsor
recognition in all correspondence and at the group meeting/convention in an appropriate manner.
In addition to room night revenues, the following list of Hotel amenities/services shall be eligible for group incentives
under this program, although they will considered within the aggregate maximum incentive of $5,000 per group. Items
not listed below will be evaluated on a case by case basis, and may be approved by the Town Manager if deemed
appropriate.
Food and Beverage Events: Breakfast, lunch, dinner, cocktail receptions, etc.
Meeting Support: Audiovisual equipment, rentals.
Promotional: Program ad, welcome banners, participant bags, and VIP gifts.
VISITOR SERVICES (817) 430-0941 – Fax (817) 430-1812
3 Village Circle Suite #202 Westlake, TX 76262
Page 2 of 2
Town of Westlake Hotel Support Program
Procedures:
The Application shall include, as a minimum, the following information before it will be reviewed by the
General Manager in preparation for submittal to the Town of Westlake:
o Hotel Information: Date of Application, Sales Manager, and Phone Number.
o Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates,
Estimated Rooms Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated
Outlet Revenue.
o Signatures: The Application shall be signed by the hotel Sales Manager and Hotel Manager prior to
it being submitted to the Town for approval. The Application shall be approved by the Town
Manager for the Town of Westlake within forty-eight (48) hours of the application date, provided
that all of the requested information is received.
Once the Application has been approved by the Town, a confirmation email will be sent by the Town
Manager or his designate to the Sales Manager of the hotel confirming the incentive amount.
o Since funds are reserved for every Application that is approved, the Hotel shall inform the Town of
Westlake in its quarterly report required in its economic grant agreement with the Town of amount
on said efforts. Said report will contain information and be in a format as required by the Town of
Westlake.
This Quarterly Report Town shall be sent to:
Town Manager
Town of Westlake
3 Village Circle Suite #202
Westlake, TX 76262
817-430-0941
817-430-1812 FAX
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: February 28, 2011
Staff Contact: Tom Brymer, Town Manager Regular
Subject: Consider adoption of an Ordinance Authorizing the Issuance and Sale of
Combination Tax and Revenue Certificate of Obligation, Series 2011;
Levying an Annual Ad Valorem tax and Providing for the Security for and
Payment of Said Certificate; and Enacting Other Provisions Relating to the
Subject.
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 ($3.29 million) from the
Property Tax Relief Fund (former 4A Economic Development Sales Tax), the General Fund’s
fund balance and this proposed debt issuance in the amount of $2,095,000 (principal amount).
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. At the Town Council’s January
24, 2011 meeting the Council approved a resolution directing publication of notice of intention
to issue combination tax and revenue Certificates of Obligation (C.O.’s). This notice was
published in accordance with legal requirements and the Town’s financial advisor for this issue,
Mr. Tom Lawrence, has been obtaining terms and rates from interested bidders for purchase of
these C.O.’s. Consideration of this ordinance would be, subject to Council approval, the final
step in this debt issuance process. At this meeting, Mr. Lawrence will present to the Council the
recommended terms and conditions for this debt issuance.
EXECUTIVE SUMMARY
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
Page 2 of 2
Funded Not Funded N/A
FISCAL IMPACT
The Town Council Adopted Capital Improvement Plan for next 3 years is funded with issuance
of these Certificates of Obligation, Series 2011. 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.
Adoption of the ordinance authorizing issuance of these Certificates of Obligation.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1. Information prepared by financial advisor, Tom Lawrence
ATTACHMENTS
2. Proposed ordinance (as prepared by bond legal counsel)
Town of Westlake
Combination Tax and Limited Pledge Revenue Certificates of Obligation,
Series 2011
February 28, 2011
Sources and Uses
Debt Service Schedule (maximum – 3.25%/5.0%)
Debt Service Schedule (constant interest rate – 3.25%)
I&S Tax Rate Analysis (2011 CO only)
I&S Tax Rate Analysis (2011 & 2013 CO)
Lawrence Financial Consulting LLC
Registered Municipal Advisor and Texas Securities Dealer
(214) 340-1954 (Phone) (214) 343-3456 (Fax)
tlawrence@lfctexas.com (E-mail) http://www.lfctexas.com (Web site)
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2011
Sources & Uses
Dated 03/29/2011 | Delivered 03/29/2011
Sources Of Funds
Par Amount $2,095,000.00
Total Sources $2,095,000.00
Uses Of Funds
Deposit to Project Construction Fund 2,058,000.00
Costs of Issuance 37,000.00
Total Uses $2,095,000.00
2011 CO | SINGLE PURPOSE | 2/16/2011 | 11:50 AM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 1Page 1Page 1Page 1
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2011
Debt Service Schedule Part 1 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
03/29/2011 -----
08/15/2011 --25,721.94 25,721.94 -
09/30/2011 ----25,721.94
02/15/2012 88,000.00 3.250%34,043.75 122,043.75 -
08/15/2012 --32,613.75 32,613.75 -
09/30/2012 ----154,657.50
02/15/2013 90,000.00 3.250%32,613.75 122,613.75 -
08/15/2013 --31,151.25 31,151.25 -
09/30/2013 ----153,765.00
02/15/2014 93,000.00 3.250%31,151.25 124,151.25 -
08/15/2014 --29,640.00 29,640.00 -
09/30/2014 ----153,791.25
02/15/2015 97,000.00 3.250%29,640.00 126,640.00 -
08/15/2015 --28,063.75 28,063.75 -
09/30/2015 ----154,703.75
02/15/2016 100,000.00 3.250%28,063.75 128,063.75 -
08/15/2016 --26,438.75 26,438.75 -
09/30/2016 ----154,502.50
02/15/2017 75,000.00 5.000%40,675.00 115,675.00 -
08/15/2017 --38,800.00 38,800.00 -
09/30/2017 ----154,475.00
02/15/2018 79,000.00 5.000%38,800.00 117,800.00 -
08/15/2018 --36,825.00 36,825.00 -
09/30/2018 ----154,625.00
02/15/2019 83,000.00 5.000%36,825.00 119,825.00 -
08/15/2019 --34,750.00 34,750.00 -
09/30/2019 ----154,575.00
02/15/2020 87,000.00 5.000%34,750.00 121,750.00 -
08/15/2020 --32,575.00 32,575.00 -
09/30/2020 ----154,325.00
02/15/2021 91,000.00 5.000%32,575.00 123,575.00 -
08/15/2021 --30,300.00 30,300.00 -
09/30/2021 ----153,875.00
02/15/2022 96,000.00 5.000%30,300.00 126,300.00 -
08/15/2022 --27,900.00 27,900.00 -
09/30/2022 ----154,200.00
02/15/2023 101,000.00 5.000%27,900.00 128,900.00 -
08/15/2023 --25,375.00 25,375.00 -
09/30/2023 ----154,275.00
02/15/2024 106,000.00 5.000%25,375.00 131,375.00 -
08/15/2024 --22,725.00 22,725.00 -
09/30/2024 ----154,100.00
02/15/2025 111,000.00 5.000%22,725.00 133,725.00 -
2011 CO | SINGLE PURPOSE | 2/16/2011 | 11:50 AM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 2Page 2Page 2Page 2
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2011
Debt Service Schedule Part 2 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
08/15/2025 --19,950.00 19,950.00 -
09/30/2025 ----153,675.00
02/15/2026 117,000.00 5.000%19,950.00 136,950.00 -
08/15/2026 --17,025.00 17,025.00 -
09/30/2026 ----153,975.00
02/15/2027 123,000.00 5.000%17,025.00 140,025.00 -
08/15/2027 --13,950.00 13,950.00 -
09/30/2027 ----153,975.00
02/15/2028 129,000.00 5.000%13,950.00 142,950.00 -
08/15/2028 --10,725.00 10,725.00 -
09/30/2028 ----153,675.00
02/15/2029 136,000.00 5.000%10,725.00 146,725.00 -
08/15/2029 --7,325.00 7,325.00 -
09/30/2029 ----154,050.00
02/15/2030 143,000.00 5.000%7,325.00 150,325.00 -
08/15/2030 --3,750.00 3,750.00 -
09/30/2030 ----154,075.00
02/15/2031 150,000.00 5.000%3,750.00 153,750.00 -
09/30/2031 ----153,750.00
Total $2,095,000.00 -$1,013,766.94 $3,108,766.94 -
Yield Statistics
Bond Year Dollars $23,819.94
Average Life 11.370 Years
Average Coupon 4.2559585%
Net Interest Cost (NIC)4.2559585%
True Interest Cost (TIC)4.1167206%
Bond Yield for Arbitrage Purposes 4.1167206%
All Inclusive Cost (AIC)4.3192966%
IRS Form 8038
Net Interest Cost 4.2559585%
Weighted Average Maturity 11.370 Years
2011 CO | SINGLE PURPOSE | 2/16/2011 | 11:50 AM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 3Page 3Page 3Page 3
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2011
Debt Service Schedule Part 1 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
03/29/2011 -----
08/15/2011 --25,721.94 25,721.94 -
09/30/2011 ----25,721.94
02/15/2012 88,000.00 3.250%34,043.75 122,043.75 -
08/15/2012 --32,613.75 32,613.75 -
09/30/2012 ----154,657.50
02/15/2013 90,000.00 3.250%32,613.75 122,613.75 -
08/15/2013 --31,151.25 31,151.25 -
09/30/2013 ----153,765.00
02/15/2014 93,000.00 3.250%31,151.25 124,151.25 -
08/15/2014 --29,640.00 29,640.00 -
09/30/2014 ----153,791.25
02/15/2015 97,000.00 3.250%29,640.00 126,640.00 -
08/15/2015 --28,063.75 28,063.75 -
09/30/2015 ----154,703.75
02/15/2016 100,000.00 3.250%28,063.75 128,063.75 -
08/15/2016 --26,438.75 26,438.75 -
09/30/2016 ----154,502.50
02/15/2017 75,000.00 3.250%26,438.75 101,438.75 -
08/15/2017 --25,220.00 25,220.00 -
09/30/2017 ----126,658.75
02/15/2018 79,000.00 3.250%25,220.00 104,220.00 -
08/15/2018 --23,936.25 23,936.25 -
09/30/2018 ----128,156.25
02/15/2019 83,000.00 3.250%23,936.25 106,936.25 -
08/15/2019 --22,587.50 22,587.50 -
09/30/2019 ----129,523.75
02/15/2020 87,000.00 3.250%22,587.50 109,587.50 -
08/15/2020 --21,173.75 21,173.75 -
09/30/2020 ----130,761.25
02/15/2021 91,000.00 3.250%21,173.75 112,173.75 -
08/15/2021 --19,695.00 19,695.00 -
09/30/2021 ----131,868.75
02/15/2022 96,000.00 3.250%19,695.00 115,695.00 -
08/15/2022 --18,135.00 18,135.00 -
09/30/2022 ----133,830.00
02/15/2023 101,000.00 3.250%18,135.00 119,135.00 -
08/15/2023 --16,493.75 16,493.75 -
09/30/2023 ----135,628.75
02/15/2024 106,000.00 3.250%16,493.75 122,493.75 -
08/15/2024 --14,771.25 14,771.25 -
09/30/2024 ----137,265.00
02/15/2025 111,000.00 3.250%14,771.25 125,771.25 -
2011 CO | SINGLE PURPOSE | 2/16/2011 | 11:53 AM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 4Page 4Page 4Page 4
Town of Westlake, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation
Series 2011
Debt Service Schedule Part 2 of 2
Date Principal Coupon Interest Total P+I Fiscal Total
08/15/2025 --12,967.50 12,967.50 -
09/30/2025 ----138,738.75
02/15/2026 117,000.00 3.250%12,967.50 129,967.50 -
08/15/2026 --11,066.25 11,066.25 -
09/30/2026 ----141,033.75
02/15/2027 123,000.00 3.250%11,066.25 134,066.25 -
08/15/2027 --9,067.50 9,067.50 -
09/30/2027 ----143,133.75
02/15/2028 129,000.00 3.250%9,067.50 138,067.50 -
08/15/2028 --6,971.25 6,971.25 -
09/30/2028 ----145,038.75
02/15/2029 136,000.00 3.250%6,971.25 142,971.25 -
08/15/2029 --4,761.25 4,761.25 -
09/30/2029 ----147,732.50
02/15/2030 143,000.00 3.250%4,761.25 147,761.25 -
08/15/2030 --2,437.50 2,437.50 -
09/30/2030 ----150,198.75
02/15/2031 150,000.00 3.250%2,437.50 152,437.50 -
09/30/2031 ----152,437.50
Total $2,095,000.00 -$774,148.19 $2,869,148.19 -
Yield Statistics
Bond Year Dollars $23,819.94
Average Life 11.370 Years
Average Coupon 3.2500000%
Net Interest Cost (NIC)3.2500000%
True Interest Cost (TIC)3.2502645%
Bond Yield for Arbitrage Purposes 3.2502645%
All Inclusive Cost (AIC)3.4480608%
IRS Form 8038
Net Interest Cost 3.2500000%
Weighted Average Maturity 11.370 Years
2011 CO | SINGLE PURPOSE | 2/16/2011 | 11:53 AM
Lawrence Financial Consulting LLC
Registered Municipal Advisor & Texas Securities Dealer Page 5Page 5Page 5Page 5
TOWN OF WESTLAKE, TEXAS
I & S Tax Rate Analysis
Gas Wells Excluded from TAV
FYEExisting $2,095,000 All DebtLess:Est. I&S
9/30 TAV(1)Debt (2)2011 CO(3)Combined Sales Tax Tax Rate(4)
2011653,548,318 1,501,778 25,722 1,527,500 (1,501,778) 0.0039
2012752,517,049 1,498,450 154,658 1,653,107 (1,498,450) 0.0210
2013785,987,770 1,498,528 153,765 1,652,293 (1,498,528) 0.0200
2014801,707,525 1,496,906 153,791 1,650,697 (1,496,906) 0.0196
2015817,741,676 1,498,442 154,704 1,653,146 (1,498,442) 0.0193
2016834,096,509 1,497,864 154,503 1,652,366 (1,497,864) 0.0189
2017850,778,439 1,500,197 154,475 1,654,672 (1,500,197) 0.0185
2018867,794,008 1,505,089 154,625 1,659,714 (1,505,089) 0.0182
2019885,149,888 1,501,257 154,575 1,655,832 (1,501,257) 0.0178
2020991,657,599 1,499,870 154,325 1,654,195 (1,499,870) 0.0159
20211,011,490,751 1,501,461 153,875 1,655,336 (1,501,461) 0.0155
20221,210,984,451 1,500,744 154,200 1,654,944 (1,500,744) 0.0130
20231,258,060,286 1,497,719 154,275 1,651,994 (1,497,719) 0.0125
20241,283,221,491 1,502,385 154,100 1,656,485 (1,502,385) 0.0123
20251,308,885,921 1,498,530 153,675 1,652,205 (1,498,530) 0.0120
20261,335,063,639 1,492,154 153,975 1,646,129 (1,492,154) 0.0118
20271,361,764,912 1,499,082 153,975 1,653,057 (1,499,082) 0.0115
2028 1,389,000,210 1,503,668 153,675 1,657,343 (1,503,668) 0.0113
Lawrence Financial Consulting LLC 2/16/2011
2028 1,389,000,210 1,503,668 153,675 1,657,343 (1,503,668) 0.0113
20291,416,780,215 1,319,945 154,050 1,473,995 (1,319,945) 0.0111
20301,445,115,819 1,316,095 154,075 1,470,170 (1,316,095) 0.0109
20311,474,018,135 1,320,060 153,750 1,473,810 (1,320,060) 0.0106
20321,503,498,498 1,316,160 - 1,316,160 (1,316,160) -
20331,533,568,468 - - - - -
Totals 32,266,379$ 3,108,767$ 35,375,145$ (32,266,379)$
(1) Includes Town estimates through 2024-25 fiscal year (excluding gas wells) and 2% annual growth thereafter.
(2) Includes the Issuer's 2002, 2003, 2007 and 2008 Bonds and CO's.
(3) Based on 3.25% for first five years and 5.0% maximum rate thereafter.
(4) Assumes a 98% tax collection ratio.
Page 6
Lawrence Financial Consulting LLC 2/16/2011
TOWN OF WESTLAKE, TEXAS
I & S Tax Rate Analysis
Gas Wells Excluded from TAV
FYEExisting $2,095,000Est. $1.6 M All DebtLess:Est. I&S
9/30 TAV(1)Debt (2)2011 CO(3)
2013 CO Combined Sales Tax Tax Rate(4)
2011653,548,318 1,501,778 25,722 - 1,527,500 (1,501,778) 0.0039
2012752,517,049 1,498,450 154,658 - 1,653,107 (1,498,450) 0.0210
2013785,987,770 1,498,528 153,765 - 1,652,293 (1,498,528) 0.0200
2014801,707,525 1,496,906 153,791 126,943 1,777,640 (1,496,906) 0.0357
2015817,741,676 1,498,442 154,704 127,338 1,780,483 (1,498,442) 0.0352
2016834,096,509 1,497,864 154,503 129,750 1,782,116 (1,497,864) 0.0348
2017850,778,439 1,500,197 154,475 127,050 1,781,722 (1,500,197) 0.0338
2018867,794,008 1,505,089 154,625 129,238 1,788,951 (1,505,089) 0.0334
2019885,149,888 1,501,257 154,575 126,313 1,782,145 (1,501,257) 0.0324
2020991,657,599 1,499,870 154,325 128,275 1,782,470 (1,499,870) 0.0291
20211,011,490,751 1,501,461 153,875 130,013 1,785,349 (1,501,461) 0.0286
20221,210,984,451 1,500,744 154,200 126,638 1,781,582 (1,500,744) 0.0237
20231,258,060,286 1,497,719 154,275 128,150 1,780,144 (1,497,719) 0.0229
20241,283,221,491 1,502,385 154,100 129,438 1,785,922 (1,502,385) 0.0225
20251,308,885,921 1,498,530 153,675 125,613 1,777,817 (1,498,530) 0.0218
20261,335,063,639 1,492,154 153,975 126,675 1,772,804 (1,492,154) 0.0215
20271,361,764,912 1,499,082 153,975 127,513 1,780,569 (1,499,082) 0.0211
2028 1,389,000,210 1,503,668 153,675 128,125 1,785,468 (1,503,668) 0.0207
Lawrence Financial Consulting LLC 2/16/2011
2028 1,389,000,210 1,503,668 153,675 128,125 1,785,468 (1,503,668) 0.0207
20291,416,780,215 1,319,945 154,050 128,513 1,602,508 (1,319,945) 0.0204
20301,445,115,819 1,316,095 154,075 128,675 1,598,845 (1,316,095) 0.0200
20311,474,018,135 1,320,060 153,750 128,613 1,602,423 (1,320,060) 0.0195
20321,503,498,498 1,316,160 - 128,325 1,444,485 (1,316,160) 0.0087
20331,533,568,468 - - 127,813 127,813 - 0.0085
Totals 32,266,379$ 3,108,767$ 2,559,005$ 37,934,150$ (32,266,379)$
(1) Includes Town estimates through 2024-25 fiscal year (excluding gas wells) and 2% annual growth thereafter.
(2) Includes the Issuer's 2002, 2003, 2007 and 2008 Bonds and CO's.
(3) Based on 3.25% for first five years and 5.0% maximum rate thereafter.
(4) Assumes a 98% tax collection ratio.
Page 7
Lawrence Financial Consulting LLC 2/16/2011
ORDINANCE NO. ________________
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE ISSUANCE
AND SALE OF TOWN OF WESTLAKE, TEXAS, COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2011; LEVYING AN ANNUAL AD VALOREM
TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID
CERTIFICATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it advisable to issue a
Certificate of Obligation in the amount and for the purposes hereinafter set forth.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
TOWN OF WESTLAKE §
WHEREAS, the Certificate of Obligation hereinafter authorized and designated is to be issued
and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and Subchapter
B, Chapter 1502, Government Code; and
WHEREAS, the Town Council has heretofore passed a resolution authorizing and directing the
Town Secretary to give notice of intention to issue the Certificate of Obligation, and said notice has been
duly published in a newspaper of general circulation in said Town, said newspaper being a "newspaper"
as defined in §2051.044, Texas Government Code; and
WHEREAS, the Town received no petition from the qualified electors of the Town protesting the
issuance of such Certificate of Obligation; and
WHEREAS, it is considered to be to the best interest of the Town that said interest-bearing
Certificate of Obligation be issued; and
WHEREAS, It is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject matter
of the public business to be considered and acted upon at said meeting, including this Ordinance, was
given, all as required by the applicable provisions of Texas Government Code Ann. ch. 551; Now,
Therefore
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATE. The recitals set
forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth
in this Section. The certificate of the Town of Westlake, Texas (the "Issuer") is hereby authorized to be
issued and delivered in the principal amount of $2,095,000 for paying all or a portion of the Issuer'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 (collectively, the "Project").
2
Section 2. DESIGNATION, DATE, DENOMINATION, NUMBER, AND MATURITY OF
CERTIFICATE.
(a) Each Certificate issued pursuant to this Ordinance shall be designated: "TOWN OF
WESTLAKE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION,
SERIES 2011," and there shall be issued, sold, and delivered hereunder one fully registered Certificate,
without interest coupons, dated March 1, 2011, in the denomination and principal amount of $2,095,000,
numbered R-1, with any Certificate issued in replacement thereof being in the denomination of the full
principal amount of the series of which the Certificate is issued, and numbered consecutively from R-2
upward, payable in installments to the registered owner thereof, or to the registered assignee of said
Certificate (in each case, the "Registered Owner"). Principal of said Certificate shall mature and be
payable in installments on the dates and in the amounts stated in the FORM OF CERTIFICATE set forth
in this Ordinance. The Certificate shall bear interest on the unpaid balance of the principal amount
thereof from the date of delivery to the scheduled due date, or date of prepayment or redemption prior to
the scheduled due date, of the principal installments of the Certificate at the rate of interest stated in the
FORM OF CERTIFICATE set forth in this Ordinance. Said interest shall be payable in the manner
provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance.
(b) The term "Certificate" as used in this Ordinance shall mean and include collectively the
Certificate initially issued and delivered pursuant to this Ordinance and any substitute Certificate
exchanged therefor, as well as any other substitute or replacement Certificate issued pursuant hereto, and
the term "Certificate" shall mean any such Certificate.
Section 3. CHARACTERISTICS OF THE CERTIFICATE.
(a) Registration
(b)
. The Issuer shall keep or cause to be kept at the principal corporate trust office
of TIB - The Independent BankersBank, Irving, Texas, (the "Paying Agent/Registrar"), books or records
for the registration of the transfer and exchange of the Certificate (the "Registration Books"), and the
Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or
records and make such registrations of transfers and exchanges under such reasonable regulations as the
Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers and exchanges as herein provided within three days of presentation in due and
proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of
the Registered Owner of the Certificate to which payments with respect to the Certificate shall be mailed,
as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar
in writing of the address to which payments shall be mailed, and such interest payments shall not be
mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration
Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law,
shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such registration, transfer, exchange and delivery of a
substitute Certificate. Registration of assignments, transfers and exchanges of Certificate shall be made in
the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this
Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other
Certificate.
Authentication; Transfer and Exchange. Except as provided in subsection (f) of this Section,
an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such
Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued
or outstanding unless such Certificate is so executed. No additional ordinances, orders, or resolutions
need be passed or adopted by the governing body of the Issuer or any other body or person so as to
3
accomplish the foregoing exchange of any Certificate or portion thereof, and the Paying Agent/Registrar
shall provide for the printing, execution, and delivery of the substitute Certificate in the manner
prescribed herein. Pursuant to Chapter 1201, Government Code, as amended, the duty of transfer of
Certificate as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of
said Certificate, the exchanged Certificate shall be valid, incontestable, and enforceable in the same
manner and with the same effect as the Certificate that initially was issued and delivered pursuant to this
Ordinance, approved by the Attorney General and registered by the Comptroller of Public Accounts.
(c) Paying Agent/Registrar
(d)
. The Issuer covenants with the Registered Owner of the Certificate
that at all times while the Certificate is outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution or other agency to act as and perform the services of
Paying Agent/Registrar for the Certificate under this Ordinance, and that the Paying Agent/Registrar will
be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar
upon not less than 60 days written notice to the Paying Agent/Registrar, to be effective not later than 15
days prior to the next principal or interest payment date after such notice. In the event that the entity at
any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method)
should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a
competent and legally qualified bank, trust company, financial institution, or other agency to act as
Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy
thereof), along with all other pertinent books and records relating to the Certificate, to the new Paying
Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar,
the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to the
Registered Owner of the Certificate, by United States mail, first-class postage prepaid, which notice also
shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as
such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance,
and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
Payment of Principal and Interest
(e)
. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificate, all as
provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made
by the Issuer and the Paying Agent/Registrar with respect to the Certificate and shall properly and
accurately record all payments on the Certificate on the Registration Books, and shall keep proper records
of all exchanges of the Certificate, and all replacements of the Certificate, as provided in this Ordinance.
However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date") will be established by
the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from
the Issuer. Notice of the past due interest shall be sent at least five (5) business days prior to the Special
Record Date by United States mail, first-class postage prepaid, to the address of the Registered Owner
appearing on the Registration Books at the close of business on the last business day next preceding the
date of mailing of such notice.
In General. The Certificate (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Certificate to be payable only to the Registered Owner
thereof, (ii) may be prepaid or redeemed prior to its scheduled maturity (notice of which shall be given to
the Paying Agent/Registrar by the Issuer at least 30 days prior to any such redemption date), (iii) may be
exchanged for another Certificate, (iv) may be transferred and assigned, (v) shall have the characteristics,
(vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the
Certificate shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer
shall have certain duties and responsibilities with respect to the Certificate, all as provided, and in the
manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this
4
Ordinance. The Certificate initially issued and delivered pursuant to this Ordinance is not required to be,
and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in
exchange for any Certificate issued under this Ordinance the Paying Agent/Registrar shall execute the
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the
FORM OF CERTIFICATE.
(f) Delivery of Initial Certificate
Section 4. FORM OF CERTIFICATE. The form of the Certificate, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificate
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows,
with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance.
. On the closing date, the Initial Certificate representing the
entire principal amount of the Certificate, payable to the Purchaser, executed by manual or facsimile
signature of the Mayor and Town Secretary, approved by the Attorney General of Texas, and registered
and manually signed by the Comptroller of Public Accounts of the State of Texas, and with the date of
delivery inserted thereon by the Paying Agent/Registrar, will be delivered to the Purchaser.
(a) Form of Certificate
NO. R-
.
UNITED STATES OF AMERICA
STATE OF TEXAS
PRINCIPAL
AMOUNT
$2,095,000
TOWN OF WESTLAKE, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION
SERIES 2011
DELIVERY DATE: ________________________, 2011
REGISTERED OWNER: TIB – THE INDEPENDENT BANKERSBANK
INTEREST RATE: The Initial Interest Rate of 3.25% per annum from the date of delivery of
this Bond through August 14, 2016; and commencing on each Rate
Change Date, the Adjusted Rate as described herein.
PRINCIPAL AMOUNT: TWO MILLION NINETY-FIVE THOUSAND DOLLARS
The Town of Westlake, Texas (the "Issuer"), being a political subdivision of the State of Texas
located in Tarrant County, for value received, promises to pay, from the sources described herein, to the
registered owner specified above, or registered assigns (the "Registered Owner"), the principal amount
specified above, and to pay interest thereon, from the Delivery Date set forth above, on the balance of
said principal amount from time to time remaining unpaid, at the rates per annum for each principal
installment as set forth in the table below, calculated on the basis of a 360-day year of twelve 30-day
months. The unpaid principal of this Certificate shall mature and shall be payable in installments on the
dates and in the amounts set forth in the table below:
Payment
Date
Principal
Installments
Payment
Date
Principal
Installments
February 15, 2012 $ 88,000 February 15, 2022 $ 96,000
February 15, 2013 90,000 February 15, 2023 101,000
5
February 15, 2014 93,000 February 15, 2024 106,000
February 15, 2015 97,000 February 15, 2025 111,000
February 15, 2016 100,000 February 15, 2026 117,000
February 15, 2017 75,000 February 15, 2027 123,000
February 15, 2018 79,000 February 15, 2028 129,000
February 15, 2019 83,000 February 15, 2029 136,000
February 15, 2020 87,000 February 15, 2030 143,000
February 15, 2021 91,000 February 15, 2031 150,000
THE FOLLOWING TERMS, except where the context indicates otherwise, shall have the
respective meanings as follows:
"Adjusted Rate" means (a) for the period ending on and including August 14, 2016, the Initial
Interest Rate and (b) for each Rate Period thereafter, an interest rate per annum equal to the Five Year
Constant Maturity Treasury Rate multiplied by 1.35; provided that the Adjusted Rate shall not be less
than 3.20% per annum nor greater than 5.00% per annum; and provided further that the Adjusted Rate
shall never exceed the Maximum Rate.
"Five Year Constant Maturity Treasury Rate" means the yield, under the heading which
represents the average for the week immediately preceding the Rate Change Date, appearing in the most
recently published statistical release designated "H.15 (519)" or any successor publication which is
published weekly by the Board of Governors of the Federal Reserve System and which establishes yields
on actively traded United States Treasury securities adjusted to constant maturity under the caption
"Treasury Constant Maturities 5-year." If for any reason the Five Year Constant Maturity Treasury Rate
is no longer calculated or published, the Issuer, with the consent of the Registered Owner, shall select a
comparable rate and/or publication to replace the Five Year Constant Maturity Treasury Rate.
"Indexing Agent" means TIB–The Independent BankersBank, or any other nationally recognized
broker-dealer selected by the Issuer and acceptable to the Registered Owner.
"Initial Interest Rate" means 3.25% per annum, which shall be the rate on this Bond for the period
beginning on the Delivery Date and ending on and including August 14, 2016.
"Maxi mum Rate" means the maximum interest rate permitted by applicable Texas law.
"Rate Change Date" means August 15, 2016, August 15, 2021, and August 15, 2026, each being a
date on which the interest rate on this Bond is subject to adjustment to the Adjusted Rate.
"Rate Period" means the period commencing with a Rate Change Date in respect thereof and
ending on and including the day immediately preceding the next Rate Change Date or the final maturity
date of this Bond of August 15, 2031.
THIS BOND WILL INITIALLY BEAR INTEREST at the Initial Interest Rate until and
including August 14, 2016, and will bear interest thereafter for each Rate Period at the Adjusted Rate for
such Rate Period.
ON EACH RATE CHANGE DATE, the Indexing Agent shall calculate the Adjusted Rate to be
in effect for the Rate Period commencing on such Rate Change Date. No later than the second Business
Day following such Rate Change Date, the Indexing Agent shall send to the Paying Agent/Registrar, the
6
Issuer and the Registered Owner of this Bond notice of the new Adjusted Rate together with the new debt
service schedule. The Registered Owner, by its purchase of this Bond, the Paying Agent/Registrar and
the Issuer agree that the calculations by the Indexing Agent of the new Adjusted Rate will be binding and
conclusive.
THE PRINCIPAL OF AND INTEREST ON THIS CERTIFICATE are payable in lawful money
of the United States of America, without exchange or collection charges. The Issuer shall pay interest on
this Certificate on August 15, 2011 and on each February 15 and August 15 thereafter to the date of
maturity or redemption prior to maturity. The last principal installment of this Certificate shall be paid to
the Registered Owner hereof upon presentation and surrender of this Certificate at maturity, or upon the
date fixed for its redemption prior to maturity, at the principal office of TIB - The Independent
BankersBank, Irving, Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of
all other principal installments of and interest on this Certificate shall be made by the Paying
Agent/Registrar to the Registered Owner hereof on each principal and interest payment date by check or
draft, dated as of such principal and interest payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, funds of the Issuer required by the Certificate Ordinance to be on deposit with the
Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by
the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest
payment date, to the Registered Owner hereof, at its address as it appeared on the last business day of the
month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying
Agent/Registrar, as hereinafter described. In addition, principal and interest may be paid by such other
method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the
Registered Owner.
ANY ACCRUED INTEREST due in connection with the final installment of principal of this
Certificate or upon redemption of this Certificate in whole at the option of the Issuer prior to maturity as
provided herein shall be paid to the Registered Owner upon presentation and surrender of this Certificate
for payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants
with the Registered Owner of this Certificate that on or before each principal payment date and interest
payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest
and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on the Certificate, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal
corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to
close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday,
legal holiday or day on which banking institutions are authorized to close; and payment on such date shall
have the same force and effect as if made on the original date payment was due.
THIS CERTIFICATE is dated March 1, 2011, and authorized in accordance with the Constitution
and laws of the State of Texas in the principal amount of $2,095,000 for paying all or a portion of the
Issuer's contractual obligations incurred in connection with (i) acquiring a fire engine, ambulances, and
other vehicles and equipment for the Town's fire department and (ii) paying legal, fiscal and other
professional fees in connection with such projects (collectively, the "Project").
ON FEBRUARY 15, 2016, or any date thereafter, the unpaid principal installments of this
Certificate may be redeemed prior to their scheduled due dates, at the option of the Issuer, with funds
derived from any available and lawful source, as a whole, or in part, and, if in part, the particular principal
installments or portions thereof, to be redeemed shall be selected and designated by the Issuer, at a
7
redemption price equal to the principal amount to be redeemed, plus accrued interest to the date fixed for
redemption.
AT LEAST 20 DAYS PRIOR to the date fixed for any optional redemption of the Certificate or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, to the Registered Owner of the
Certificate at its address as it appeared on the Registration Books on the day such notice of redemption is
mailed; provided, however, that the failure of the Registered Owner to receive such notice, or any defect
therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the
proceedings for the redemption of this Certificate. By the date fixed for any such redemption, due
provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price
for the Certificate or portions thereof which are to be so redeemed. If such written notice of redemption is
sent and if due provision for such payment is made, all as provided above, the Certificate or portions
thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to its
scheduled maturity, and shall not bear interest after the date fixed for redemption, and shall not be
regarded as being outstanding except for the right of the Registered Owner to receive the redemption
price from the Paying Agent/Registrar out of the funds provided for such payment.
UPON THE PAYMENT OR PARTIAL REDEMPTION of the outstanding principal balance of
this Certificate, the Paying Agent/Registrar, shall note in the Payment Record appearing on this
Certificate the amount of such payment or partial redemption, the date said payment was made and the
remaining unpaid principal balance of this Certificate and shall then have said entry signed by an
authorized official of the Paying Agent/Registrar. The Paying Agent/Registrar shall also record such
information in the Certificate Registration Books, and the Paying Agent/Registrar shall also record in the
Certificate Registration Books all payments of principal installments on such Certificate when made on
their respective due dates.
THIS CERTIFICATE is issuable in the form of one fully-registered Certificate without coupons
in the denomination of $2,095,000. This Certificate may be transferred or exchanged as provided in the
Certificate Ordinance, only upon the registration books kept for that purpose at the above-mentioned
office of the Paying Agent/Registrar upon surrender of this Certificate together with a written instrument
of transfer or authorization for exchange satisfactory to the Paying Agent/Registrar and duly executed by
the Registered Owner or his duly authorized attorney, and thereupon a new Certificate of the same
maturity and in the same aggregate principal amount shall be issued by the Paying Agent/Registrar to the
transferee in exchange therefor as provided in the Certificate Ordinance, and upon payment of the charges
therein prescribed. The Issuer and the Paying Agent/Registrar may deem and treat the person in whose
name this Certificate is registered as the absolute owner hereof for the purpose of receiving payment of,
or on account of, the principal or redemption price hereof and interest due hereon and for all other
purposes. The Paying Agent/Registrar shall not be required to make any such transfer or exchange (i)
during the period commencing with the close of business on any Record Date and ending with the
opening of business on the next following principal or interest payment date, or (ii) within 30 days prior
to a redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificate is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be
mailed to the Registered Owner of the Certificate.
THIS CERTIFICATE shall not be valid or become obligatory for any purpose or be entitled to
any security or benefit under the Certificate Ordinance until the Certificate of Authentication shall have
8
been executed by the Paying Agent/Registrar or the Comptroller's Registration Certificate hereon shall
have been executed by the Texas Comptroller of Public Accounts.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be performed,
exist and be done precedent to or in the authorization, issuance and delivery of this Certificate have been
performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to
provide for the payment of the interest on and principal of this Certificate, as such interest comes due and
such principal matures, have been levied and ordered to be levied against all taxable property in said
Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate is additionally secured by and payable from a limited pledge of the revenues (not to exceed
$1,000) of the Issuer'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 Issuer's revenue bonds or other obligations (now or hereafter outstanding), which are payable from
all or any part of the net revenues of the Issuers waterworks and sewer system, all as provided in the
Certificate Ordinance.
THE ISSUER HAS RESERVED THE RIGHT to amend the Certificate Ordinance as provided
therein, and under some (but not all) circumstances amendments thereto must be approved by the
Registered Owner of the Certificate.
BY BECOMING the Registered Owner of this Certificate, the Registered Owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that the
terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the
Registered Owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Major Pro Tem) and
countersigned with the manual or facsimile signature of the Town Secretary of said Issuer, and has caused
the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate.
(signature) (signature)
(SEAL)
Town Secretary Mayor
(b) Form of Payment Record
PREPAYMENT RECORD
.
Date of
Payment
Principal Payment
(amount and
installment(s) to
which payment is
applied)
Remaining
Principal Balance
Name and Title of
Authorized Officer
making Entry
Signature of Authorized
Officer
9
(c) Form of Paying Agent/Registrar's Authentication Certificate
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
.
(To be executed if this Certificate is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the Certificate
Ordinance described in the text of this Certificate; and that this Certificate has been issued in replacement
of, or in exchange for, a certificate or a certificate of a series that originally was approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated: .
Irving, Texas
TIB - The Independent BankersBank
Paying Agent/Registrar
By:
Authorized Representative
(d) Form of Assignment
ASSIGNMENT
(Please print or type clearly)
.
For value received, the undersigned hereby sells, assigns and transfers unto:
Transferee's Social Security or Taxpayer Identification Number:
Transferee's name and address, including zip code:
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the
transfer of the within Certificate on the books kept for registration thereof, with full power of substitution
in the premises.
Dated: .
Signature Guaranteed:
10
NOTICE: Signature(s) must be guaranteed by an
eligible guarantor institution participating in a
securities transfer association recognized signature
guarantee program.
NOTICE: The signature above must correspond
with the name of the registered owner as it
appears upon the front of this Certificate in every
particular, without alteration or enlargement or
any change whatsoever.
(e) Form of Registration Certificate of the Comptroller of Public Accounts
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
.
I hereby certify that this Certificate has been examined, certified as to validity and approved by
the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this .
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
Section 5. INTEREST AND SINKING FUND; SURPLUS REVENUES.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and
maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund
shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only
for paying the interest on and principal of said Certificate. All ad valorem taxes levied and collected for
and on account of said Certificate shall be deposited, as collected, to the credit of said Interest and
Sinking Fund. During each year while any of said Certificate is outstanding and unpaid, the governing
body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient
to raise and produce the money required to pay the interest on said Certificate as such interest comes due,
and to provide and maintain a sinking fund adequate to pay the principal of said Certificate as such
principal matures (but never less than 2% of the original amount of said Certificate as a sinking fund each
year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being
made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is
hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year
while any of said Certificate is outstanding and unpaid, and said tax shall be assessed and collected each
such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes
sufficient to provide for the payment of the interest on and principal of said Certificate, as such interest
comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed
by law.
(b) The Certificate is additionally secured by the revenues of the Issuer's waterworks and sewer
system that remain after the payment of all maintenance and operation expenses thereof, and all debt
service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or
hereafter outstanding) that are secured by a lien on all or any part of the revenues of the Issuer's
waterworks and sewer system, constituting "Surplus Revenues", not to exceed $1,000. The Issuer shall
deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to
subsection (a) of this Section, to the extent necessary to pay the principal and interest on the Certificate.
Notwithstanding the requirements of subsection (a) of this Section, if Surplus Revenues or other lawfully
available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the
time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that
11
otherwise would have been required to be levied pursuant to subsection (a) of this Section may be
reduced to the extent and by the amount of the Surplus Revenues or other lawfully available funds then on
deposit in the Interest and Sinking Fund.
(c) Chapter 1208, Government Code, applies to the issuance of the Certificate and the pledge of
the taxes and revenues granted by the Issuer under this Section, and is therefore valid, effective, and
perfected. Should Texas law be amended at any time while the Certificate is outstanding and unpaid, the
result of such amendment being that the pledge of the taxes and revenues granted by the Issuer under this
Section, is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to
preserve to the registered owner of the Certificate a security interest in said pledge, the Issuer agrees to
take such measures as it determines are reasonable and necessary under Texas law to comply with the
applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest
in said pledge to occur.
Section 6. DEFAULT AND REMEDIES.
(a) Events of Default
(i) the failure to make payment of the principal of or interest on the Certificate when the
same becomes due and payable; or
. Each of the following occurrences or events for the purpose of this
Ordinance is hereby declared to be an Event of Default:
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Issuer, the failure to perform which materially, adversely affects the rights of the
Registered Owner of the Certificate, including, but not limited to, their prospect or ability to be
repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days
after notice of such default is given by the Registered Owner to the Issuer.
(b) Remedies for Default
(c)
. Upon the happening of any Event of Default, then and in every case,
the Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or
trustees therefor, may proceed against the Issuer for the purpose of protecting and enforcing the rights of
the Registered Owner under this Ordinance, by mandamus or other suit, action or special proceeding in
equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the
specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing
that may be unlawful or in violation of any right of the Registered Owner hereunder or any combination
of such remedies.
Remedies Not Exclusive
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or under the Certificate or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Certificate shall not be available as a
remedy under this Ordinance.
.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
(iii) By accepting the delivery of a Certificate authorized under this Ordinance, the
Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to a
12
personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer
or the Town Council.
Section 7. DEFEASANCE OF CERTIFICATE.
(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent
provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest
thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for
on or before such due date by irrevocably depositing with or making available to the Paying
Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow
Agreement") for such payment (1) lawful money of the United States of America sufficient to make such
payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such
times as will insure the availability, without reinvestment, of sufficient money to provide for such
payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar
for the payment of its services until all Defeased Certificate shall have become due and payable. At such
time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad
valorem taxes herein levied and pledged or the revenues pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities.
Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any
determination not to redeem Defeased Certificate that is made in conjunction with the payment
arrangements specified in subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided that:
(1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to
call the Defeased Certificate for redemption; (2) gives notice of the reservation of that right to the owners
of the Defeased Certificate immediately following the making of the payment arrangements; and (3)
directs that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not
required for the payment of the Certificate and interest thereon, with respect to which such money has
been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer.
Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for
the payment of Defeased Certificate may contain provisions permitting the investment or reinvestment of
such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the
satisfaction of the requirements specified in subsection (a)(i) or (ii) of this Section. All income from such
Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of
the Defeased Certificate, with respect to which such money has been so deposited, shall be remitted to the
Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United
States of America, including obligations that are unconditionally guaranteed by the United States of
America., (ii) noncallable obligations of an agency or instrumentality of the United States of America,
including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and
that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or
an agency or a county, municipality, or other political subdivision of a state that have been refunded and
that, on the date the governing body of the Issuer adopts or approves the proceedings authorizing the
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financial arrangements are rated as to investment quality by a nationally recognized investment rating
firm not less than AAA or its equivalent.
(d) Until the Defeased Certificate shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificate the
same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay
for such services as required by this Ordinance.
Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATE.
(a) Replacement Certificate
(b)
. In the event any outstanding Certificate is damaged, mutilated, lost,
stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new
certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen
or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided.
Application for Replacement Certificate
(c)
. Application for replacement of damaged, mutilated,
lost, stolen or destroyed Certificate shall be made by the Registered Owner thereof to the Paying
Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the Registered Owner
applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such
security or indemnity as may be required by them to save each of them harmless from any loss or damage
with respect thereto. Also, in every case of loss, theft or destruction of a Certificate, the Registered
Owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the
loss, theft or destruction of such Certificate, as the case may be. In every case of damage or mutilation of
a Certificate, the Registered Owner shall surrender to the Paying Agent/Registrar for cancellation the
Certificate so damaged or mutilated.
No Default Occurred
(d)
. Notwithstanding the foregoing provisions of this Section, in the event
any such Certificate shall have matured, and no default has occurred that is then continuing in the
payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may
authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is
furnished as above provided in this Section.
Charge for Issuing Replacement Certificate
(e)
. Prior to the issuance of any replacement
certificate, the Paying Agent/Registrar shall charge the Registered Owner of such Certificate with all
legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant
to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall
constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Certificate
shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this
Ordinance equally and proportionately with any and all other Certificate duly issued under this
Ordinance.
Authority for Issuing Replacement Certificate. In accordance with Sec. 1206.022,
Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such
replacement certificate without necessity of further action by the governing body of the Issuer or any
other body or person, and the duty of the replacement of such Certificate is hereby authorized and
imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver
such Certificate in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance
for Certificate issued in exchange for other Certificate.
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Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATE; BOND
COUNSEL'S OPINION; CUSIP NUMBERS; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Certificate initially issued
and delivered hereunder and all necessary records and proceedings pertaining to the Certificate pending
its delivery and its examination, and approval by the Attorney General of the State of Texas, and its
registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the
Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificate,
and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The
approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers (if any) may, at
the option of the Issuer, be printed on the Certificate issued and delivered under this Ordinance, but
neither shall have any legal effect, and shall be solely for the convenience and information of the
Registered Owner of the Certificate. In addition, if bond insurance is obtained, the Certificate may bear
an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Certificate is subject to the
initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P.,
bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery
of the Certificate to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in
connection with issuance, sale and delivery of the Certificate is hereby approved and confirmed. The
execution and delivery of an engagement letter between the Issuer and such firm, with respect to such
services as bond counsel, is hereby authorized in such form as may be approved by the Mayor, and the
Mayor is hereby authorized to execute such engagement letter.
Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATE.
(a) Covenants
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Certificate (less amounts deposited to a reserve fund, if any) are used for any "private business
use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the
Project are so used, such amounts, whether or not received by the Issuer, with respect to such
private business use, do not, under the terms of this Ordinance or any underlying arrangement,
directly or indirectly, secure or provide for the payment of more than 10 percent of the debt
service on the Certificate, in contravention of section 141(b)(2) of the Code;
. The Issuer covenants to take any action necessary to assure, or refrain from any
action that would adversely affect, the treatment of the Certificate as an obligation described in section
103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not
includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance
thereof, the Issuer covenants as follows:
(2) to take any action to assure that in the event that the "private business use" described
in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificate or the Project (less
amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a
"private business use" that is "related" and not "disproportionate," within the meaning of section
141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Certificate (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
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(4) to refrain from taking any action that would otherwise result in the Certificate being
treated as a "private activity bond" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Certificate being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Certificate, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Certificate, other than investment property acquired with –
(A) proceeds of the Certificate invested for a reasonable temporary period of 3
years or less or, in the case of a refunding bond, for a period of 30 days or less until such
proceeds are needed for the purpose for which the Certificate is issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of
section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to
the extent such amounts do not exceed 10 percent of the proceeds of the Certificate;
(7) to otherwise restrict the use of the proceeds of the Certificate or amounts treated as
proceeds of the Certificate, as may be necessary, so that the Certificate does not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent
applicable, section 149(d) of the Code (relating to advance refundings);
(8) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Certificate) an amount that is at least equal to 90 percent
of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the
United States of America, not later than 60 days after the Certificate has been paid in full, 100
percent of the amount then required to be paid as a result of Excess Earnings under section 148(f)
of the Code; and
(9) to assure that the proceeds of the Certificate will be used solely for new money
projects.
(b) Rebate Fund
(c)
. In order to facilitate compliance with the above covenant (a)(8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such
Fund shall not be subject to the claim of any other person, including without limitation the Registered
Owners. The Rebate Fund is established for the additional purpose of compliance with section 148 of the
Code.
Use of Proceeds. The Issuer understands that the term "proceeds" includes "disposition
proceeds" as defined in the Treasury Regulations (hereinafter defined) and, in the case of refunding
bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Certificate. It is the understanding of the Issuer that the covenants contained herein are
intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto (the "Treasury Regulations"). In the event that regulations
or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the
Certificate, the Issuer will not be required to comply with any covenant contained herein to the extent that
such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the
exemption from federal income taxation of interest on the Certificate under section 103 of the Code. In
16
the event that regulations or rulings are hereafter promulgated that impose additional requirements
applicable to the Certificate, the Issuer agrees to comply with the additional requirements to the extent
necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal
income taxation of interest on the Certificate under section 103 of the Code. This Ordinance is intended
to satisfy the official intent requirements set forth in section 1.150-2 of the Treasury Regulations. In
furtherance hereof, the Issuer hereby authorizes and directs the Mayor or Town Manager to execute any
documents, certificate or reports required by the Code and to make such elections, on behalf of the Issuer,
that may be permitted by the Code as are consistent with the purpose for the issuance of the Certificate.
(d) Allocation of, and Limitation on, Expenditures for the Project
(e)
. The Issuer covenants to
account for the expenditure of sale proceeds and investment earnings to be used for the construction and
acquisition of the Project on its books and records by allocating proceeds to expenditures within 18
months of the later of the date that (1) the expenditure is made, or (2) the Project is completed. The
foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Certificate or
investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery
of the Certificate, or (2) the date the Certificate is retired, unless the Issuer obtains an opinion of
nationally-recognized bond counsel that such expenditure will not adversely affect the status, for federal
income tax purposes, of the Certificate or the interest thereon. For purposes hereof, the Issuer shall not be
obligated to comply with this covenant if it obtains an opinion that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest.
Disposition of Project
(f)
. The Issuer covenants that the Project will not be sold or otherwise
disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the
Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will
not adversely affect the tax-exempt status of the Certificate. For purposes of the foregoing, the portion of
the property comprising personal property and disposed in the ordinary course shall not be treated as a
transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall
not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will
not adversely affect the excludability for federal income tax proposes from gross income of the interest.
Designation as a Qualified Tax-Exempt Obligation
Section 11. SALE OF CERTIFICATE.
. The Issuer hereby designates the
Certificate as a "qualified tax-exempt obligation" as defined in section 265(b)(3) of the Code. In
furtherance of such designation, the Issuer represents, covenants and warrants the following: (a) that
during the calendar year in which the Certificate is issued, the Issuer (including any subordinate entities)
has not designated nor will designate obligations that when aggregated with the Certificate, will result in
more than $10,000,000 of "qualified tax-exempt obligations" being issued; (b) that the Issuer reasonably
anticipates that the amount of tax-exempt obligations issued, during the calendar year in which the
Certificate is issued, by the Issuer (or any subordinate entities) will not exceed $10,000,000; and, (c) that
the Issuer will take such action or refrain from such action as necessary, and as more particularly set forth
in this Section, hereof, in order that the Certificate will not be considered "private activity bonds" within
the meaning of section 141 of the Code.
(a) The Certificate is hereby initially sold and shall be delivered to TIB - The Independent
BankersBank (the "Purchaser"), for cash for the par value thereof, pursuant to the private placement letter
dated the date of the final passage of this Ordinance which the Mayor Pro Tem is hereby authorized to
execute and deliver. The Certificate shall initially be registered in the name of the Purchaser. It is hereby
officially found, determined, and declared that the terms of this sale are the most advantageous reasonably
obtainable.
17
(b) The Mayor and Mayor Pro Tem, and all other officers, employees and agents of the Issuer,
and each of them, shall be and they are hereby expressly authorized, empowered and directed from time
to time and at any time to do and perform all such acts and things and to execute, acknowledge and
deliver in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying
Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary or
desirable in order to carry out the terms and provisions of this Ordinance, the Certificate and the sale of
the Certificate. In case any officer whose signature shall appear on any Certificate shall cease to be such
officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for
all purposes the same as if such officer had remained in office until such delivery.
Section 12. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings
derived from the investment of proceeds from the sale of the Certificate shall be used along with other
certificate proceeds for the Project; provided that after completion of such purpose, if any of such interest
earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is
further provided, however, that any interest earnings on certificate proceeds that are required to be rebated
to the United States of America pursuant to Section 10 hereof in order to prevent the Certificate from
being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this
Section.
Section 13. CONSTRUCTION FUND.
(a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a
separate fund to be entitled the "Series 2011 Combination Tax and Revenue Certificate of Obligation
Construction Fund" for use by the Issuer for payment of all lawful costs associated with the acquisition
and construction of the Project as hereinbefore provided. Upon payment of all such costs, any moneys
remaining on deposit in said Fund shall be transferred to the Interest and Sinking Fund. Amounts so
deposited to the Interest and Sinking Fund shall be used in the manner described in Section 5 of this
Ordinance.
(b) The Issuer may place proceeds of the Certificate (including investment earnings thereon) and
amounts deposited into the Interest and Sinking Fund in investments authorized by the Public Funds
Investment Act, Chapter 2256, Texas Government Code, as amended; provided, however, that the Issuer
hereby covenants that the proceeds of the sale of the Certificate will be used as soon as practicable for the
purposes for which the Certificate is issued.
(c) All deposits authorized or required by this Ordinance shall be secured to the fullest extent
required by law for the security of public funds.
Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this
Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of the Registered Owner, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any
ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of
the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default
as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely
affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as
amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other
provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with
the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially
adversely affect the interests of the holders.
18
(b) Except as provided in paragraph (a) above, the Registered Owner shall have the right from
time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer;
provided, however, that without the consent of the Registered Owner, nothing herein contained shall
permit or be construed to permit amendment of the terms and conditions of this Ordinance or in the
Certificate so as to:
(1) Reduce the rate of interest borne by the Certificate;
(2) Reduce the amount of the principal of, or redemption premium, if any, payable on the
Certificate;
(3) Modify the terms of payment of principal or of interest on the Certificate or impose
any condition with respect to such payment; or
(4) Change the requirement with respect to Registered Owner consent to such
amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer
shall send by U.S. mail to the Registered Owner a copy of the proposed amendment.
(d) Whenever at any time within one year from the date of publication of such notice the Issuer
shall receive an instrument or instruments executed by the Registered Owner, which instrument or
instruments shall refer to the proposed amendment and that shall specifically consent to and approve such
amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory ordinance pursuant to the provisions of this Section,
this Ordinance shall be deemed to be modified and amended in accordance with such amendatory
Ordinance, and the respective rights, duties, and obligations of the Issuer and the Registered Owner shall
thereafter be determined, exercised, and enforced, subject in all respects to such amendment.
(f) Any consent given by the Registered Owner of a Certificate pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of such consent, and shall be
conclusive and binding upon all future holders of the same Certificate during such period. Such consent
may be revoked at any time after six months from the date of consent by the Registered Owner who gave
such consent, or by a successor in title, by filing notice with the Issuer.
(g) For the purposes of establishing ownership of the Certificate, the Issuer shall rely solely upon
the registration of the ownership of such Certificate on the registration books kept by the Paying
Agent/Registrar.
Section 15. NO RULE 15c2-12 UNDERTAKING. The Issuer has not made an undertaking in
accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The Issuer is
not, therefore, obligated pursuant to the Rule to provide any on-going disclosure relating to the Issuer or
the Certificate.
Section 16. APPROPRIATION. To pay the debt service coming due on the Certificate, if any,
prior to receipt of the taxes levied or revenues received to pay such debt service, there is hereby
appropriated from current funds on hand, which are hereby certified to be on hand and available for such
purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other
purpose.
19
Section 17. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code,
Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the Town Council.
Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the
remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full
force and effect.
(Execution Page Follows)
PASSED, APPROVED AND EFFECTIVE this February 28, 2011
Mayor
ATTEST:
Town Secretary
[TOWN SEAL]
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 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:
c. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
Rosevear
and Simonetti
Town of Westlake
Item # 7 –
Executive Session
Town of Westlake
Item # 8 – Reconvene
Meeting
TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
EXECUTIVE SESSION
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following:
Rosevear and Simonetti
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 # 9 – 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 #10 - Future
Agenda Items
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #11
Council Recap /
Staff Direction
COUNCIL CALENDAR
- Gallery Night
March 5, 2011 (5:00 – 12:00 midnight at the Marriott
Solana)
- Town Council Meeting
March 28, 2010
- Arbor Day Celebration
April 23, 2011
Town of Westlake
Item # 12 –
Council Calendar
Town of Westlake
Item # 13 –
Adjournment
Back up material has not
been provided for this item.