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HomeMy WebLinkAbout03-28-11 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. Page 1 of 4 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 March 28, 2011 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 MARCH 28, 2011, REGULAR MEETING. Page 2 of 4 3. DISCUSSION ITEMS a. Presentation and update on FM 1938 construction and proposed pavement improvements. b. Discussion and review of a Draft Memorandum of Understanding (MOU) between Westlake, Trophy Club, Roanoke, and Northwest ISD Regarding an Agreement to Pursue a Variety of Intergovernmental Cooperative Initiatives 4. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Proclamation regarding Parental Alienation Awareness Day. Page 3 of 4 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on February 28, 2011. b. Consider approval of Resolution 11-09, Authorizing the Town Manager to execute a contract with Graham Associates for engineering design and contract management services related to the adopted Capital Improvement Plan. c. Consider approval of Ordinance 657, Amending Chapter 42, Article II Floodplain, Section 42-35, identifying published dates of Tarrant County and Denton County Flood Insurance Rate Maps and Flood Insurance Studies. d. Consider approval of Resolution 11-10, Authorizing the Town Manager to execute a contract with the Texas Department of Transportation for pavement enhancement work related to FM 1938. 5. CONSIDER ACCEPTANCE OF THE CERTIFICATION OF UNOPPOSED CANDIDATES. 6. CONSIDER APPROVAL OF ORDINANCE 658, CANCELING THE MAY 14, 2011, GENERAL ELECTION. 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 551.074(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 Page 4 of 4 the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 11. COUNCIL RECAP / STAFF DIRECTION 12. COUNCIL CALENDAR - Town Offices Closed (Good Friday) April 22, 2011 - Arbor Day Celebration April 23, 2011 - Town Council Meeting April 25, 2011 - Town Council Meeting Rescheduling the September 26th to September 28th due to Baja 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, March 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 February 28, 2011. b. Consider approval of Resolution 11-09, Authorizing the Town Manager to execute a contract with Graham Associates for engineering design and contract management services related to the adopted Capital Improvement Plan. c. Consider approval of Ordinance 657, Amending Chapter 42, Article II Floodplain, Section 42-35, identifying published dates of Tarrant County and Denton County Flood Insurance Rate Maps and Flood Insurance Studies. d. Consider approval of Resolution 11-10, Authorizing the Town Manager to execute a contract with the Texas Department of Transportation for pavement enhancement work related to FM 1938. Town of Westlake Item # 2 – Review of Consent Agenda Items DISCUSSION ITEMS a. Presentation and update on FM 1938 construction and proposed pavement improvements. b. Discussion and review of a Draft Memorandum of Understanding (MOU) between Westlake, Trophy Club, Roanoke, and Northwest ISD Regarding an Agreement to Pursue a Variety of Intergovernmental Cooperative Initiatives Town of Westlake Item # 3 – Discussion Items Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Public Works Meeting Date: March 11, 2011 Staff Contact: Jarrod Greenwood Discussion Subject: Update on FM 1938 construction and proposed pavement improvements. EXECUTIVE SUMMARY The FM 1938 contractor has laid asphalt sub-base for the first section of concrete paving to be constructed. Workers will begin laying the steel reinforcement next week in preparation for the concrete paving that is scheduled to begin by mid-March. At previous workshops and regular Council meetings, town staff has presented information regarding the scope and features of potential streetscape improvements for FM 1938. Some of those items covered included: enhanced pavement (colors and textures), sidewalks, rest areas, trail heads, way finding, and light/signage post colors. Town staff worked closely with Shrickel, Rollins, and Associates, the streetscape consultant, by meeting with adjacent stakeholders, soliciting feedback and integration of the proposed improvements based on their individual and unique properties. Streetscape projects of this nature and magnitude will often be divided into phases, with the most time sensitive items, such as pavement enhancements, included in the initial phases. Phase one of the proposed plan calls for the pavement and retaining wall enhancements to be immediate items, as they are included in the TxDOT project and completed by TxDOT contractors. Phase two includes entryway monuments, and all landscape and irrigation within the median from SH 114 to Randol Mill (Town Limits). Phase three includes way finding, sidewalks, irrigation, and landscape improvements. Additional phases would include trail structures, trail heads, and pedestrian lighting. The proposed Advance Funding Agreement in the amount of $285,627.30 provides TxDOT with the necessary means to proceed with a change order to incorporate the pavement enhancements with the existing contract with Ed Bell Construction Company. Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Page 2 of 2 Funded Not Funded N/A FISCAL IMPACT Staff recommends approval. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Advanced Funding Agreement attached under Consent Agenda item ATTACHMENTS Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: March 28, 2011 Staff Contact: Tom Brymer, Town Manager Discussion Subject: Discussion and review of a Draft Memorandum of Understanding (MOU) between Westlake, Trophy Club, Roanoke, and Northwest ISD Regarding an Agreement to Pursue a Variety of Intergovernmental Cooperative Initiatives In 2008 the governing bodies of Westlake, Trophy Club, Roanoke, and Northwest ISD held meetings to discuss communication and areas for potential cooperation between the entities. At one of these meetings, former Westlake Town Council member Larry Corson presented an example of a Memorandum of Understanding (MOU) from another jurisdiction(s) regarding intergovernmental cooperation on a joint development project. Those present agreed to discuss this matter further at the next meeting of these governing bodies. EXECUTIVE SUMMARY Following that, a draft MOU was prepared by the Westlake Town Manager for the Westlake Town Council’s review and discussion at their January 29, 2009 workshop. This draft MOU was also conveyed to the Town Managers of Trophy Club and Roanoke for them to share with their Councils as well (it has also been sent to the city managers of Southlake and Keller). It is important to note that this is an agreement to agree to cooperate, where possible, in a number of areas specified in the MOU. Specific projects that are later identified that come out of the collaborative framework established by this MOU would require a separate intergovernmental agreement or agreements that would be subject to approval by the particular municipality’s governing body involved in that project before any binding contractual commitment or commitment of financial resources could be made by any jurisdiction. Although these joint meetings of the cities’ councils have not occurred since 2008, such a meeting is planned for March 29, 2011. This draft MOU will be on the agenda for discussion. 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 Discuss the draft MOU and have the Town Council’s position concerning it identified for the joint March 29 RECOMMENDATION / ACTION REQUESTED/ OPTIONS th meeting. 1. Draft Memorandum of Understanding ATTACHMENTS 2. Exhibit A to Draft MOU 1 DRAFT 1-21-09 MEMORANDUM OF UNDERSTANDING REGARDING THE JOINT REGIONAL LOCAL GOVERNMENTS This Memorandum of Understanding (MOU), entered into this day of , 2009, by and between the JOINT REGIONAL LOCAL GOVERNMENTS (“JRLG”); Town of Trophy Club (“Trophy Club”), the Town of Westlake (“Westlake”), the City of Roanoke (“Roanoke”) and Northwest Independent District (“NISD”), all four of which may collectively be referred to herein as the “JRLG”: WHEREAS, the local governments which constitute the JRLG have in the past worked cooperatively with one another, but wish to enhance that level of cooperation to the further benefit of all the citizens, businesses, and property owners located within each local government that comprise the JRLG; and WHEREAS, the JRLG recognizes and acknowledges that each local government represented in this MOU is an independent unit of local government with its own sovereignty and ability to make its own decisions; and WHEREAS, the JRLG further recognizes that each entity has its own unique perspectives and may have differing philosophical views held by their respective policy makers and citizens on specific issues, services, and projects, as well as differing regulatory schemes, but nonetheless, each understands that there are numerous areas where cooperative common ground can be forged to the benefit of all the citizens, businesses, and property owners that comprise each local government within the JRLG; and WHEREAS, the JRLG and its four local government members recognize that there are certain values that each have in common in developing policy and vision outcomes for preserving and improving the character of their contiguous boundary areas, as well as opportunities of mutual interest for pooling of resources in cooperative efforts that reduce duplication of services and/or facilities, as well as provide for efficiencies in service delivery that are of mutual benefit; and WHEREAS, as a result of current and anticipated growth and development in the communities and local governments of the JRLG, that each local government that is a party to this MOU recognizes the need for on-going, regular communication, collaboration, and exchange of information to resolve issues, deal with growth, and maintain, as well as improve, the quality of life for their respective citizens; NOW THEREFORE, in consideration of the mutual considerations and understandings of the parties, the local governments of the JRLG enter into this Memorandum of Understanding, as follows: SECTION I: PLANNING, DEVELOPMENT AND PHYSICAL GROWTH RELATED COOPERATIVE EFFORTS A. General. Each JRLG local government clearly understands the impact growth and development has played in shaping this area and each recognizes the importance of proactive, 2 visionary planning as the chief tool to properly deal with growth. As such the JRM agrees to work cooperatively at the both the staff and elected officials level in the following areas to improve the planning, standards, and type of future growth that the JRLC will experience in their shared boundary areas as shown on attached Exhibit A to this MOU, to include, but not be limited to the following: 1. Development Projects/Zoning Change Requests. The JRLG will notify the staff of each member of the JRLC of any development projects or zoning change requests in the areas shown in Exhibit A and allow employees of each of the local governments that comprise the JRLG to attend and make comment at development review meetings for these projects. For the purposes of this MOU, development projects shall include plats, site plans, building elevations, landscaping, and lighting. It is recognized that each member of the JRLG retains authority to make decisions regarding all development projects located in their respective jurisdiction. However, the JRLG member in whose boundaries a development project is located shall agree to extend reasonable efforts to take into consideration and deliberation the views, plans, and development standards of the other JRLG member or members in its review of development projects. 2. Traffic. The JRLG agrees to share traffic impact analysis for all development projects and/or zoning change requests for property located along the areas represented in Exhibit A as well as any traffic count information conducted for those areas. 3. Access/Traffic Signal Locations. The JRLG agrees to coordinate pedestrian and vehicle ingress/egress access points for all development projects located along the areas represented in Exhibit A, as well as work to coordinate intersections planned for Exhibit A and to mesh their thoroughfare/transportation plans to create intersections that optimize traffic mobility. Along State roadways shown on Exhibit A, efforts will be made to consolidate access points and require deceleration lanes to enhance safety and traffic movement on these roadways. Further, for proposed new traffic signals for intersections located in the area shown in Exhibit A, the JRLG agrees to coordinate and work towards mutual agreement for all traffic signal warrant studies and traffic signal location. 4. Storm Water. The JRLG agrees that for development projects located in Exhibit A, adequate opportunity to review storm water runoff flows from the development site will be afforded to members of the JRLC that receive those flows downstream from the subject development site and that reasonable efforts will be made to mitigate downstream impact of those storm water runoff flows including examining and discussing opportunities for regional storm water management facilities. 5. Master Plans. The JRLG agrees to coordinate and advise each local government comprising the JRLG of any proposed changes to their comprehensive plan for areas located in Exhibit A. These comprehensive plan changes may include, but are not limited to, the land use plan as well its subsidiary plans. Plans subsidiary to the comprehensive plan may include, but are not limited to the, thoroughfare plan (including pedestrian, bikeways, and motor vehicle), parks and open space plan (including trails), and utility master plans. JRLG members that are proposing changes to their comprehensive plan in areas located in Exhibit A shall provide affected JRLG members adequate time and opportunity to comment to their staff, governing body, and planning and zoning commission regarding these proposed changes prior to any changes being made. 3 6. Corridor Plans. The JRLG acknowledges that the State controlled roadways shown in Exhibit A represent significant corridors for each JRLG local government, the development of which will create a distinct visual identity and sense of place for each community. As such, these State roadways provide significant opportunities for the JRLG to develop high profile and distinctive view corridors with a strong emphasis on high aesthetic appeal and standards that feature high quality land use, architecture, landscaping, coordinated zoning, zoning overlays, and signage. The JRLG agrees to place a priority on the development of these corridors utilizing these tools to create this unique sense of place, as well as work to minimize with stringent aesthetic requirements, the visual impact of oil/gas drilling and production sites located in these corridors as shown in Exhibit A. 7. Streetscaping/Landscaping Plans. The JRLG recognizes the State controlled roadways shown in Exhibit A represent significant visual corridors for each JRLG local government and, as such, merit consideration as major portal/gateways into their respective community. The JRLG agree to coordinate streetscape and landscape plans for these corridors with special emphasis on coordinating streetscape and public art locations along these roadways. Streetscape treatments along these State roadways can include, but are not limited to, roadway intersections, street lighting fixtures, way finding, public art, traffic signal standards, bridges/overpasses, sidewalks, street trees, water features, and screening wall treatments. 8. Development Standards. While each JLRG local government has its own development standards, it is recognized that some standards may set a stronger visual standard than others. Where this situation occurs for development projects located in the areas shown in Exhibit A, the JRLG will strive to default to and utilize the highest standard of the JRLG members, particularly as it relates to landscaping and landscape buffer areas SECTION II: PARKS, TRAILS, AND PUBLIC FACILITY RELATED COOPERATIVE EFFORTS All JRLG local governments agree and recognize that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on partnership opportunities for new joint parks, trails, and public building opportunities to optimize financial resources and avoid facility duplication. For that reason, the JRLG agrees to work cooperatively to coordinate development of their parks and trail systems, link each local government’s trail systems with those of other JRLG members, and pursue joint park, greenway, trail, recreation facility, and public building development opportunities. Additionally, to maximize the use of existing public assets and avoid duplication, it is agreed by the JRLG to pursue opportunities to share use of existing public buildings such as, but not limited to, gymnasiums, class rooms, libraries, community centers, recreation centers, subject to mutually agreeable terms and conditions being negotiated between the respective JRLG local governments. SECTION III: PUBLIC WORKS INFRASTRUCTURE RELATED COOPERATIVE EFFORTS The local governments of the JRLG value the pursuit of public works infrastructure projects recognizing that transportation, storm water, utility, traffic, and other such projects deal with issues and needs that extend beyond each jurisdiction’s corporate boundaries. The JRLG agrees and recognizes that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on public works infrastructure projects and partnership opportunities for joint road, street, storm water, traffic, utility, and other opportunities to optimize financial resources and avoid infrastructure duplication. 4 SECTION IV: JOINT SERVICE DELIVERY RELATED COOPERATIVE EFFORTS The JRLG agrees to consider and pursue opportunities for service delivery collaboration in the many areas of daily service delivery provided by the members of the JRLC including, but not limited to, street maintenance, drainage maintenance, equipment exchanges, public safety, traffic system maintenance, special events, employee benefit components, and others as may be identified. SECTION V: JOINT PURCHASING The JRLG agrees to identify and pursue on an on-going basis collaborative opportunities to jointly bid and/or purchase goods and services that all or some of the local governments comprising the JRLC need for service delivery. This also may include joint opportunities to sell surplus used equipment. SECTION VI: GENERAL PROVISIONS A. General. While this MOU represents a commitment by the JRLG to pursue the cooperative efforts outlined above; it shall be subject to the following: 1. Infrastructure and Development Standards. Each member of the JRLG shall retain authority to make decisions about the specific cooperative efforts described in this MOU based upon their respective infrastructure and development standards or specifications. However, in an effort to achieve uniform functionality for the roadways crossing jurisdictional boundaries and to address safety concerns for the traveling public, JRLC members agree to endeavor to develop and implement a unified standard and classification for roadways crossing jurisdictional boundaries. The parties agree that the standards set forth in the North Central Texas Council of Governments Standard Specifications for Public Works Construction will be utilized as a guide in making determinations of the scope and extent of improvements to such roadways. 2. Adequate Time for JRLG Members’ Input. The JRLG will strive, without unreasonable delay to JRLG members, to ensure that each JRLG member will be afforded reasonable early notification and involvement into the discussion of the various types of considerations outlined in this MOU thus allowing sufficient time for the JRLG members to review proposals, projects, agreements, etc. and provide comments and feedback to the approving JRLG member (i.e. - the member in whose jurisdictional boundaries the project is located). 3. Recognition of Other Existing Legal Requirements for JRLG Members. Nothing in this MOU shall be construed as limiting or affecting in any way the authority or legal responsibility of any JRLG member to act in accordance with any applicable Federal, State or local laws, regulations or requirements. Additionally, this MOU shall not be interpreted in such a way as to require that any funding or appropriations be required on the part of any party to this MOU. Nothing in this MOU shall be construed as waiving any right, defense, privilege, and/or immunity afforded any of the participating JRLC members. 4. MOU Requires Subsequent Agreements to Obligate JRLG Members. Nothing in this MOU shall obligate the JRLG or its members to obligate, budget, appropriate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the parties will require execution of separate agreements and be 5 contingent upon the availability of appropriated funds and the approval of the governing body of the affected local government member of the JRLG. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution and administration of each such agreement must comply with all applicable statutes and regulations. 5. Future Amendments. The parties to this MOU agree that from time to time this MOU may be amended by its member local governments and where mutually agreed and approved by all the JRLG members existing at the time of the proposed amendment, other local governments be added as parties to this MOU and become members of the JRLG. 6. Authority to Sign This MOU. By signature, the local governments below certify that the individuals listed in this document as representatives of the local governments’ party to this MOU are authorized to act in their respective areas for matters related to this MOU and that the governing bodies of each of the local governments comprising the JRLG have each individually approved this MOU. TOWN OF TROPHY CLUB By Mayor, Nick Sanders By Town Manager, Brandon Emmons ATTEST: Town Secretary TOWN OF WESTLAKE By Mayor, Laura Wheat Town Manager, Thomas E. Brymer ATTEST: By Town Secretary CITY OF ROANOKE By Mayor, Scooter Gierisch 6 By City Manager, Jimmy Stathatos ATTEST: City Secretary NISD By Superintendent of Schools, Karen G. Rue, Ed.D. By Assistant Superintendent for Facilities, Planning, and Construction, Dennis McCreary ATTEST: Executive Assistant to the Superintendent EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. Town of Westlake Item # 4 – Executive Session Town of Westlake Item # 5 – Reconvene Meeting 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 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. Town of Westlake Item # 6 – Take any Necessary Action, if necessary 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. Proclamation regarding Parental Alienation Awareness Day. Town of Westlake Item # 3 – Citizen’s Presentations and recognitions Town of Westlake Proclamation WHEREAS, Parental Alienation deprives children of their right to love and be loved by both parents and extended families; and WHEREAS, behaviors such as speaking negatively about a parent to, or in front of, a child can destroy the bond between a loving parent and child; and WHEREAS, with awareness comes education, understanding and the power to stop the abuse of innocent children caught in the crossfire of the people they love; and WHEREAS, this year is the 6th annual Parental Alienation Awareness Day and the caring citizens of our community will gather together, joining others around the world for 10 minutes at 12:00 noon on April 25, 2011 to show their support in spreading the simple message of love for all children; now THEREFORE, I, Laura Wheat, on behalf of the Town Council, in recognition of this important event, do hereby proclaim April 25, 2011, as: Parental Alienation Awareness Day In Westlake, Texas. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Westlake, Texas to be affixed this 28h day of March 2010. __________________________________________ Laura Wheat, Mayor 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 February 28, 2011. b. Consider approval of Resolution 11-09, Authorizing the Town Manager to execute a contract with Graham Associates for engineering design and contract management services related to the adopted Capital Improvement Plan. c. Consider approval of Ordinance 657, Amending Chapter 42, Article II Floodplain, Section 42-35, identifying published dates of Tarrant County and Denton County Flood Insurance Rate Maps and Flood Insurance Studies. d. Consider approval of Resolution 11-10, Authorizing the Town Manager to execute a contract with the Texas Department of Transportation for pavement enhancement work related to FM 1938. Town of Westlake Item # 4 - Consent Agenda Items Town Council Minutes 02/28/11 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING February 28, 2011 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Carol Langdon, and Rick Rennhack. Clif Cox arrived at 4:46 p.m. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Ginger Awtry, Finance Director Debbie Piper, Municipal Court Administrator Amanda DeGan, Public Works Director Jarrod Greenwood, and Facilities and Recreation Director Troy Meyer. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 4:38 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM FEBRUARY 28, 2011, REGULAR MEETING. Town Manager Brymer provided an overview of the of the Economic Program Agreement with the Marriott. 3. REPORTS 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 Discussion ensued regarding the number of officers on patrol and current traffic counts. The Council would like for the staff to conduct new traffic counts. Town Council Minutes 02/28/11 Page 2 of 6 Discussion also ensued regarding the Financial Dashboard. Council asked Staff to add the previous year’s actuals with explanations for any variances of sales tax and hotel/motel revenues. 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. Lindsey Todd - Fajkus from Pattillo, Brown & Hill, L.L.P., provided an overview and answered specific questions related to the CAFR for Fiscal Year ending September 30, 2010. Discussion ensued regarding revenues, expenses, and capital assets reported in the CAFR. 5. EXECUTIVE SESSION – 5:56p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: 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 Mayor Wheat reconvened the workshop at 7:09 p.m. Town Council Minutes 02/28/11 Page 3 of 6 7. COUNCIL RECAP / STAFF DIRECTION Add the previous year’s actuals with explanations for any variances of sales tax and hotel/motel revenues to the quarterly dashboard reports. Conduct traffic counts and continue to counts on an annual basis. 8. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 7:09 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular meeting to order at 7:13 p.m., with all members present. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS AND RECOGNITIONS No one wished to address the Council. 4. CONSIDERATION AND DISCUSSION REGARDING MR. JOHN MILLER’S RESIGNATION. MOTION: Council Member Cox made a motion to accept Mr. John Miller’s resignation. Council Member Brittan seconded the motion. The motion carried by a vote of 4-0. Discussion ensued regarding the options of filling the vacancy. Town Council Minutes 02/28/11 Page 4 of 6 5. CONSENT AGENDA 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. MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 6. CONSIDERATION AND DISCUSSION OF ORDINANCE 656, AUTHORIZING THE ISSUANCE AND SALE OF COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2011. Tom Lawrence, Lawrence Financial Consulting LLC, provided an overview of the issuance and sale Certificates of Obligation and the lenders interest rate. Leroy Growler, McCall Parkhurst & Horton LLP, provided an overview of the process and options regarding the payments of the Certificates of Obligation. MOTION: Council Member Brittan made a motion to approve Ordinance 656. Council Member Cox seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION – 7:31 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other Town Council Minutes 02/28/11 Page 5 of 6 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 Mayor Wheat reconvened the meeting at 9:47 p.m. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. - No Action taken 10. FUTURE AGENDA ITEMS - None 11. COUNCIL RECAP / STAFF DIRECTION - None 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 Town Council Minutes 02/28/11 Page 6 of 6 13. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Cox seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:48 p.m. APPROVED BY THE TOWN COUNCIL MARCH 28, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Public Works Meeting Date: March 11, 2011 Staff Contact: Jarrod Greenwood Consent Subject: Consider a Resolution authorizing the Town Manager to execute a contract with Graham Associates for engineering design and contract management services related to the adopted Capital Improvement Plan. EXECUTIVE SUMMARY The Town recently approved the sale of General Obligation Bonds for the street reconstruction projects identified within the adopted 5 year Capital Improvement Plan. Staff included engineering costs for design and construction administration in each of the projects within the adopted CIP. Staff anticipates combining Mahotea Boone and Aspen Lane reconstruction together as one bid package within the next two months, and both sections of Roanoke Road and Stagecoach Hills reconstruction as another bid package in FY 11/12. The Graham proposal of $102,200 will provide for the following: Mahotea Boone Trail and Aspen Lane - Geotechnical engineering services relating to roadway design, assistance with bidding, and construction administration for the street and drainage reconstruction. Comprehensive Street Survey – Geotechnical inspection and testing of all Town streets, design recommendations for each street, short and long term maintenance recommendations, database that can be utilized by staff to perform annual inspections. This survey will include recommendations for maintenance of newly constructed roadways. Stagecoach Hills, Roanoke Road (north of SH 170), Roanoke Road (south of SH 170) – Geotechnical engineering services relating to roadway design recommendations. 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 Staff recommends approval. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Attachment “A”- Engineering Services Agreement ATTACHMENTS Resolution 11-09 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH GRAHAM ASSOCIATES, FOR ENGINEERING DESIGN AND CONTRACT MANAGEMENT SERVICES RELATED TO THE ADOPTED CAPITAL IMPROVEMENT PLAN. WHEREAS, Westlake desires to provide residents and commuters with safe streets adequate drainage; and WHEREAS, the Town Council finds that the proposed engineering services contract provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the contract with Graham Associates, Inc., for engineering design and contract management services related to the adopted Capital Improvement Plan, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 11-09 Page 2 of 2 PASSED AND APPROVED ON THIS 28TH DAY OF MARCH, 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 1 TOWN COUNCIL AGENDA ITEM Department: Public Works Meeting Date: March 11, 2011 Staff Contact: Jarrod Greenwood Consent Subject: Consider amending Ordinance 631, Chapter 42, Article II Floodplain, Section 42- 35, identifying published dates of Tarrant County and Denton County Flood Insurance Rate Maps and Flood Insurance Studies. EXECUTIVE SUMMARY Council adopted new Federal Emergency Management Agency (FEMA) maps and study during the September 21, 2009 regular Council meeting. FEMA routinely conducts a nationwide flood insurance study that generates flood map revisions to their Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS). FEMA provides the maps for communities to enforce the Flood ordinance in an effort to mitigate flood losses to life and property. Changes are necessary to the FIRMs in order to increase or decrease the amount of area within the floodplains or floodways. Any modification to the FIRMs can have an impact on a property owner’s insurance requirements and costs. FEMA’s review of the adopted ordinance identified the need for additional language that specifically identifies the date of the FEMA maps and study. This ordinance will amend the ordinance to include the Tarrant and Denton County maps and study. 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 Staff recommends approval. RECOMMENDATION / ACTION REQUESTED/ OPTIONS None ATTACHMENTS Ordinance 657 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 657 AMENDING CHAPTER 42, ARTICLE II FLOODPLAIN, SECTION 42-35; IDENTIFYING PUBLISHED DATES OF TARRANT AND DENTON COUNTY FLOOD INSURANCE RATE MAPS AND FLOOD INSURANCE STUDIES; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake recognizes the need to protect citizens from flooding; and WHEREAS, the Town of Westlake’s Town Council finds that the Federal Emergency Management Agency’s revised Flood Insurance Rate Maps and Flood Insurance Study provides the Town an instrument in which to protect its citizens; and WHEREAS, the revised maps and study are crucial to the provision of emergency services; and WHEREAS, the Town Council adopted new Federal Emergency Management Agency (FEMA) maps and study during the September 21, 2009 regular Council meeting. WHEREAS, The Town of Westlake Town Council desires to amend Chapter 42, Article II, Floodplain, Section 42-35 by identifying dates of publication of Tarrant County and Denton County maps and studies. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2 : That Chapter 42, Article II Floodplain, Section 42-35 of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Tarrant County, Texas And Incorporated Areas," dated September 25, 2009, with accompanying Flood Insurance Rate Maps dated September 25, 2009, “The Flood Insurance Study (FIS) for Denton County, Texas And Incorporated Areas," dated April 18, 2011, with accompanying Flood Insurance Rate Maps dated April 18, 2011,and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. Ordinance 657 Page 2 of 2 SECTION 3 : That all provisions of Ordinance 613 not hereby amended shall remain in full force and effect. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28th DAY OF MARCH 2011. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Public Works Meeting Date: March 11, 2011 Staff Contact: Jarrod Greenwood Consent Subject: Consider a Resolution authorizing the Town Manager to execute a contract with the Texas Department of Transportation for pavement enhancement work related to FM 1938. FM 1938 is a major TxDOT project supported by Westlake, Keller, Southlake, and Tarrant County as a regional effort to facilitate the growing traffic congestion on residential streets. The current phase of the project began in June 2010 and extends south from the existing Precinct Line Road Bridge at Hwy 114 in Westlake to Randol Mill intersection at the Westlake Town limits. EXECUTIVE SUMMARY Town Council approved a contract with Shrickel, Rollins, and Associates at the regular Council meeting of July 14, 2008 to design streetscape/wayfinding enhancements for FM1938 since they are currently working with Southlake on their portion of FM 1938. The proposed Advance Funding Agreement in the amount of $285,627.30 provides TxDOT with the necessary means to proceed with a change order to incorporate the pavement enhancements with the existing contract with Ed Bell Construction Company. 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 Staff recommends approval. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Attachment “A”- Advanced Funding Agreement ATTACHMENTS Resolution 11-10 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF PAVEMENT ENAHANCEMENTS RELATED TO THE FM 1938 STREETSCAPE MASTER PLAN. WHEREAS, the Town of Westlake worked in partnership with the Cities of Southlake and Keller for the construction of FM 1938; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and, WHEREAS, Westlake desires to provide a attractive road enhancement project; and WHEREAS, the Town Council finds that funding for the Advanced Funding Agreement is necessary for the enhancement of the FM 1938 corridor; and WHEREAS, the cost for the construction of the FM 1938 pavement enhancements will be allocated from the existing FM 1938 streetscape capital project budget. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the agreement with the Texas Department of Transportation, for the construction of pavement enhancements in the amount of $285,627.30 related to the FM 1938 streetscape master plan, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-10 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF MARCH, 2011. ___________________________ Laura Wheat, Mayor ATTEST: ___________________________ ____________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Office of the Town Secretary Meeting Date: March 23, 2011 Staff Contact: Kelly Edwards Regular Subject: Consider acceptance of the Certification of Unopposed Candidates. The Town Council ordered the May 14, 2011, General Election on January 24, 2011, to elect three (3) Council Members for two (2) year terms. As of the filing deadline on March 14, 2011, there were no opposed candidates or propositions to appear on the ballot. Pursuant to the Texas Election Code the Town may cancel the May General Election. The first step in the process to cancel is acceptance of the certification of unopposed candidates from the authority responsible for preparing the ballot. 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 Accept the certification of unopposed candidates. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Certificate ATTACHMENTS Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Office of the Town Secretary Meeting Date: March 23, 2011 Staff Contact: Kelly Edwards Regular Subject: Consider approval of an Ordinance canceling the May 14, 2011, General Election. The Town Council ordered the May 14, 2011, General Election on January 24, 2011, to elect three (3) Council Members for two (2) year terms. As of the filing deadline on March 14, 2011, there were no opposed candidates or propositions to appear on the ballot. Pursuant to the Texas Election Code the Town may cancel the May General Election. After acceptance of the Certification of Unopposed Candidates the Council must adopt in an open meeting an ordinance/order canceling the election. EXECUTIVE SUMMARY Copies of the order will be posted at polling location on Election Day that would have been used as had the election not been canceled. Tarrant County will still conduct early voting at Town Hall May 3rd – May 5th and on Election Day May 14th so Westlake residents living in Tarrant County can vote in their respective ISD elections. 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 Approve the Ordinance. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Ordinance ATTACHMENTS Order of Cancelation Ordinance 658 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 658 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS CANCELING THE MAY 14, 2011, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, is a General Law municipality located in Tarrant and Denton Counties, created in accordance with the provisions of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, in accordance with law a general election has been ordered for May 14, 2011, for the purpose of electing three (3) Council Members to serve two (2) year terms on the Town Council in the Town of Westlake; and WHEREAS, no proposition is to appear on the ballot; and WHEREAS, the Town Secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, in these circumstances Chapter 2, Subchapter C of the Texas Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: The following candidates, who are unopposed in the May 14, 2011, general election, are hereby declared elected to office, and shall be issued a certificate of election: Carol Langdon Council Member David Levitan Council Member Rick Rennhack Council Member SECTION 2: The Town secretary is directed to post a copy of the Order of Cancellation attached as Exhibit “A”, at each designated polling place on May 14, 2011. Ordinance 658 Page 2 of 2 SECTION 3: This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4: It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5: This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 28TH DAY OF MARCH 2011. APPROVED: _____________________________ Laura Wheat, Mayor ATTEST: _______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED: ______________________________ L. Stanton Lowry, Town Attorney AW12-2 Prescribed by Secretary of State Section 2.051 – 2.053, Texas Election Code 03/07 Ordinance XXX Page 1 of 1 ORDER OF CANCELLATION ORDEN DE CANCELACIÓN The ______________________________ hereby cancels the election scheduled to be held on (official name of governing body) ____________________________________ in accordance with Section 2.053(a) of the Texas (date on which election was scheduled to be held) Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: El _____________________________ por la presente cancela la elección que, de lo contrario, (nombre oficial de la entidad gobernante) se hubiera celebrado el _______________________________ de conformidad, con la Sección 2.053(a) (fecha en que se hubiera celebrado la elección) del Código de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos únicos y por la presente quedan elegidos como se haya indicado a continuación: Candidate (Candidato) Office Sought (Cargo al que presenta candidatura) Council Member Carol Langdon Council Member David Levitan Council Member Rick Rennhack A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Día de las Elecciones se exhibirá una copia de esta orden en todas las mesas electorales que se hubieran utilizado en la elección. ________________________ President (Presidente) _____________________________ Secretary (Secretario) ________________________________ Date of adoption (Fecha de adopción) (seal) (sello) Town of Westlake Town of Westlake May 14, 2011, May 14, 2011, EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 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 551.074(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 - Town Offices Closed (Good Friday) April 22, 2011 - Arbor Day Celebration April 23, 2011 - Town Council Meeting April 25, 2011 - Town Council Meeting Rescheduling the September 26th to September 28th due to Baja Town of Westlake Item # 12 – Council Calendar Town of Westlake Item # 13 – Adjournment Back up material has not been provided for this item.