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.
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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
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
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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
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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
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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
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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.
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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.
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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.