HomeMy WebLinkAbout04-25-11 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
April 25, 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.
PLEDGE OF ALLEGIANCE
3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM APRIL 25, 2011,
REGULAR MEETING.
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4. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will no presentations associated with the report items) There will be no separate discussion unless a
Board Member requests that report be removed and considered separately.
a. Quarterly Financial Dashboard and Analysis for the quarter ended March 31,
2011.
5. DISCUSSION ITEMS
a. Presentation and discussion regarding the Texas Student Housing Authority.
b. Discussion and review of the process for amending/updating the Town’s.
Comprehensive Plan.
c. Discussion of a proposed Development Agreement with Hillwood Alliance Services for
various Ottinger Road and Dove Road Public Improvements.
d. Discussion of Town communication efforts and resources.
e. Discussion of 2011 DirectionFinders Citizens’ Survey Instrument.
6. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a): Personnel Matters – to deliberate the appointment or
employment of a Director of Communications.
7. RECONVENE MEETING
8. COUNCIL RECAP / STAFF DIRECTION
9. ADJOURNMENT
Regular Session
1.
CALL TO ORDER
2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for
citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council cannot by law take action nor have any discussion or deliberations on any
presentation made to the Council at this time concerning an item not listed on the
agenda. The Council will receive the information, ask staff to review the matter, or an
item may be noticed on a future agenda for deliberation or action.
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Proclamation recognizing the National Day of Prayer on May 5, 2011.
Proclamation recognizing Public Service Week May 3-9, 2011.
3. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on March 28, 2011.
b. Consider approval of the minutes from the meeting held on March 29, 2011.
c. Consider approval of the minutes from the meeting held on April 4, 2011.
d. Consider approval of Resolution 11-13, Approving a Memorandum of
Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and
the City of Roanoke, regarding an agreement in principal to pursue a variety of
intergovernmental cooperative initiatives.
e. Consider approval of Resolution 11-14, Appointing a member to the Texas
Student Housing Authority board.
4. CONSIDERATION AND DISCUSSION TO APPROVE RESOLUTION 11-15,
APPROVING A DEVELOPMENT AGREEMENT WITH HILLWOOD ALLIANCE
SERVICES FOR VARIOUS PUBLIC IMPROVEMENTS TO DOVE AND OTTINGER
ROADS.
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a): Personnel Matters – to deliberate the appointment or
employment of a Director of Communications.
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. 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
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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.
9. COUNCIL RECAP / STAFF DIRECTION
10. COUNCIL CALENDAR
- Oath of Office
May 19, 2011, at 4:30 p.m.
- Town Council Meeting
May 23, 2011
11. 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,
April 20, 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.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on March 28, 2011.
b. Consider approval of the minutes from the meeting held on March 29, 2011.
c. Consider approval of the minutes from the meeting held on April 4, 2011.
d. Consider approval of Resolution 11-13, Approving a Memorandum of
Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and
the City of Roanoke, regarding an agreement in principal to pursue a variety of
intergovernmental cooperative initiatives.
e. Consider approval of Resolution 11-14, Appointing a member to the Texas
Student Housing Authority board.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate
discussion unless a Board Member requests that report be removed and considered
separately.
a. Quarterly Financial Dashboard and Analysis for the quarter ended March 31, 2011.
Town of Westlake
Item # 4 –
Reports
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TOWN COUNCIL AGENDA ITEM
Department: Finance Meeting Date: April 19, 2011
Staff Contact: Debbie Piper Report
Subject: Quarterly Financial Dashboard and Analysis for the quarter ended March 31,
2011
EXECUTIVE SUMMARY
The 2nd quarter “Dashboard” reports and “Analysis” for the FY 2010-11 are attached. Our goal
is to have a concise and easy to understand document regarding the financials of our three (3)
major funds; General Fund, Visitors Association Fund and the Utility Fund. The remaining
funds: Debt Service, Capital Projects, 4B Economic Development and Property Tax Reduction
are a function of transfers in, sales tax revenues (which are discussed in the GF analysis), related
expenses and transfers out; therefore, we have not prepared quarterly reports for these funds.
As requested during the presentation of the 1st quarter “Dashboard” in February, I have included a
prior year column as well as explanations regarding current year vs prior year revenues related to
sales tax and hotel/motel tax.
Please note on each individual fund’s report, you will see an “A” and on the Utility Fund a “%”,
beside several revenue line items. The “A” indicates that specific “YTD Actuals” line-item is
based on the accrual method. This means that revenue received after 3/31/11 but related to that
specific quarter, i.e. sales, tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD
Actual” for comparison to the budget. The “YTD Budget” is based on 6 months out of the 12
month budget; therefore, it’s reasonable to accrue the amount to show 6 months of actual receipts.
In addition to accruing the water revenue receipts for the “YTD Actuals”, I have changed the
“YTD Budget” calculation from 6 months of the 12 month period to a much better representation
of that fund’s revenue. Because the majority of the water revenue is received in the spring and
summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the
percentage of revenues received for the first six months of the prior year.
In review, these quarterly reports contain a “dashboard” display complete with major revenue and
expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at
3/31/11 has been presented. The color green obviously means that we are good in those specific
line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two
areas show up as yellow (cautionary) or red (critical).
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A summary is presented at the bottom of each fund page indicating the net revenues over (under)
expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget
as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have
been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we
will strive to maintain 90 days of operation.
Please note the “Analysis” is color coded and corresponds to the specific line-item on the
“Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the
variances. I have explained several of the line-items that were greater (green) in revenue than
we anticipated informing you as to what specifically happened with that revenue line-item. I have
done the same regarding any expenditure that is under budget so you may see why these funds
have not been expended. Beside each major category or department on the explanation page, you
will find a number that reflects the exact variance in that department/line-item.
General Fund
As can be seen by the “Dashboard”, revenues equal 147.11%, which looks great. The major
contributors to this overage are Sales Tax, Property Tax and Permits and Fees. Please see the
“Analysis” for explanations for each. Below, is more detail regarding sales and property tax
receipts.
Sales Tax – Total sales tax budgeted totals $3,250,000. Because sales tax is
received 2 months in arrears, I was only able to accrue one month; therefore, only
using 5 months for these reports. If equally divided, the budgeted amount for 5
months equals $1,354,166. Our receipts equal $1,774,713 of which $456,213 is
from Deloitte. Our “Base” sales tax receipts total $1,051,903 which is
approximately $35K more than the prior year at this time. Below is a summary by
year of the variances:
$$ %%
FY 2010 FY 2011 Variance Variance
Base Sales Tax $ 1,017,241 $ 1,051,903 $ 34,662 3%
Audit Collections 18,974 31,936 12,962 68%
ED Receipts 145,618 456,213 310,595 213%
Presumed one-time payments 100,000 234,661 134,661 135%
Total Taxes $ 1,281,833 $ 1,774,713 $ 492,880 38%
General Fund Portion $ 568,107 $ 659,250 $ 91,143 16%
ED Fund Portion 72,809 228,107 155,297 213%
PTR/4B Portion 640,917 887,357 246,440 38%
$ 1,281,833 $ 1,774,713 $ 492,880 38%
Property Tax – As the analysis indicates the majority of the property tax has been
received. The revenue has been reduced by $115,331 regarding the abatement on
Phase I of Fidelity which is currently pending review. Even though we have
reached our budgeted amount (which was very conservative), we are currently at
approximately 88% collection based on our taxable values. I am in discussion
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with the County Tax Assessor-Collector’s office as well as our delinquent tax
attorney regarding the low percentage of collection. Our tax attorney has
presented a report showing approximately $40K in “true” delinquencies. They are
in the process of combining several reports to show accounts that have been set up
for a payment plan. These accounts are not accounted for in the delinquency
report referenced above. Final payments will be made in June for these payment
plans. Currently, the tax attorney and I are assuming since the residents were not
aware of the tax liability until the latter part of the year, this may be the reason for
the currently collection rate. Upon receipt of these reports, I will update the
Council regarding our findings.
Visitors Association Fund
The “Dashboard” revenues for the Visitors Association Fund equal 105.54%. The Hotel
occupancy tax is $19,546 more than budgeted at this point and $696 more than the prior year at
this time.
Utility Fund
The “Dashboard” for the Utility Fund revenue equals 131.54%. As can be seen by the report, the
major positive variance is related to the tap/impact fees and miscellaneous revenues. We had
anticipated installing the Deloitte meters in the prior year; therefore did not budget for FY 10/11.
These meters were installed in December 2010. The large variance in miscellaneous revenues is
made up of approximately $34K in duct bank revenue.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION/ACTION REQUESTED
N/A
ATTACHMENTS
2st Quarter Financial Dashboard and Analysis for Quarter Ended 3/31/11 for:
o General Fund
o Visitors Association Fund
o Utility Fund
4/20/2011 9:49 AM
Prior DASHBOARD
Year Annual YTD YTD
Actuals Budget Budget Actuals Adopted
A General Sales Tax 1,597,195 1,250,000 517,123 659,250 127.48%
A Property Tax 0 1,000,430 498,845 1,048,554 210.20%
A Franchise Fees 603,233 609,500 318,956 246,052 77.14%
Contributions 189,097 - - 175,000 100.00%
Permits and Fees 1,738,536 358,655 178,836 265,427 148.42%
Fines & Forfeitures 647,171 550,960 274,725 270,255 98.37%
Misc Income 156,983 118,882 59,278 53,680 90.56%
4,932,215$ 3,888,427$ 1,847,764$ 2,718,218$ 147.11%
POSITIVE > 90%
CAUTIOUS 70% - 90%
NEGATIVE < 70%
Prior DASHBOARD
Year Annual YTD YTD
Actuals Budget Budget Actuals Adopted
Payroll Wages 1,777,560 1,887,698 941,263 895,237 95.11%
Payroll Related 484,994 600,976 299,665 278,629 92.98%
Operations & Maintenance 1,847,810 1,874,520 934,692 933,588 99.88%
Capital Outlay 91,661 - - - 0.00%
4,202,024$ 4,363,194$ 2,175,620$ 2,107,454$ 96.87%
POSITIVE < 100%
CAUTIOUS 101% - 110%
NEGATIVE > 111%
Prior DASHBOARD
Year Annual YTD YTD
Actuals Budget Budget Actuals Adopted
Payroll Transfers In from UF/VA 415,888 402,263 200,580 168,398 83.96%
Transfers In from UF-Impact Fees - 18,000 8,975 131,487 1464.98%
Transfers Out 90,059 2,120,758 2,120,758 2,123,292 100.12%
325,829$ (1,718,495)$ (1,920,178)$ (1,954,894)$ 101.81%
Prior
Year Annual YTD YTD
Actuals Budget Budget Actuals
1,056,020$ (2,193,263)$ (2,248,034)$ (1,344,130)$
Beginning Fund Balance (audited)2,675,312 3,731,332 3,731,332 3,731,332
Ending Fund Balance 3,731,332 1,538,069 1,483,298 2,387,202
Restricted Funds 214,750 197,800 197,800 225,319
Unrestricted Fund Balance 3,516,582$ 1,340,269$ 1,285,498$ 2,161,883$
# of Operating Days 339 124 118 199
Daily Operating Cost 10,373$ 10,852$ 10,852$ 10,852$
Net Revenues Over (Under) Expenses
Including Other Sources/Uses
TOTAL
TOTAL
TOTAL
EXPENDITURES
OTHER SOURCES AND USES
ADOPTED BUDGET
REVENUES
GENERAL FUND 100
Quarterly Financial Dashboard
Quarter Ended 03/31/2011
ADOPTED BUDGET
ADOPTED BUDGET
SUMMARY
ADOPTED BUDGET
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Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
GENERAL FUND
Page 1
REVENUES ‐ $870,454
GENERAL SALES TAX +$142,127
YTD Estimated Budgeted $517,123 (5 months only)
YTD Actual $659,250 (5 months only)
o Prior YTD actual was $568,107
o Current Year $91,143 more than prior year.
PROPERTY TAX +$549,709
YTD Estimated Budgeted $498,845
YTD Actual $1,048,554
o Income will not be distributed evenly over the fiscal year
o Majority of revenue has been received
o Revenue has been reduced by $115,331 regarding abatement on Phase I of
Fidelity pending review
FRANCHISE FEES ($72,904)
YTD Estimated Budgeted $318,956
YTD Actual $246,052
o AT&T/SBC: ($62,948)
YTD Estimated Budget $112,192
YTD Actual $49,764
Prior Year 1st quarter = $51,596
Second quarter current year hasn’t been received yet
Prior year 2nd quarter = $51,282 (Received in May)
o Tri‐County Electric ($13,675)
YTD Estimated Budget $157,068
YTD Actual $143,392
Current year 2nd quarter receipt = $73,946
Prior year 2nd quarter = $81,240
Fourth quarter has typically been 13% ‐ 15% more than 2nd
and 3rd quarters.
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
GENERAL FUND
Page 2
REVENUES continued
CONTRIBUTIONS +$175,000
YTD Estimated Budgeted $0
YTD Actual $175,000
o Reforestation Tree Escrow
PERMITS AND FEES +$86,591
YTD Estimated Budgeted $178,836
YTD Actual $265,427
o To be conservative, no gas well revenues were budgeted for this fiscal year
EXPENDITURES ‐ ($68,166)
PAYROLL WAGES ($46,026)
YTD Estimated Budget $941,263
YTD Actual $895,237
o Majority of savings was due to budgeting 9 full‐time Fire/EMS personnel with
one not being hired until mid‐December.
o FY 09‐10 accruals were made for time that was earned in that fiscal year but not
paid until FY 10‐11. This amount should be offset in the last quarter of the fiscal
year when year‐end accruals are proposed again.
PAYROLL RELATED ($21,036)
YTD Estimated Budget $299,665
YTD Actual $278,629
o Majority of savings was due to budgeting 9 full‐time Fire/EMS personnel with
one not being hired until mid‐December.
o FY 09‐10 accruals were made for time that was earned in that fiscal year but not
paid until FY 10‐11. This amount should be offset in the last quarter of the fiscal
year when year‐end accruals are proposed again.
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
GENERAL FUND
Page 3
OTHER SOURCES AND USES ‐ $95,615
TRANSFERS IN $98,146
YTD Estimated Budget is $209,556
YTD Actual is $307,702
o Payroll Transfers In from Utility Fund ($12,075)
YTD Estimated Budget is $113,335
YTD Actual is $101,259 (less due to prior explanation of accruals)
o Payroll Transfers In from Visitor Fund ($12,290)
YTD Estimated Budget $87,246
YTD Actual $74,956 (less due to prior explanation of accruals)
o Transfers In From Utility Fund $122,512
YTD Estimated Budget $8,975
YTD Actual $131487
Impact fees for Deloitte’s meters – budgeted in PY but installed in CY
VISITORS ASSOCIATION FUND 220
Quarterly Financial Dashboard
Quarter Ended 03/31/11
Prior DASHBOARD
Year Annual YTD YTD
Actuals BudgetBudget Actuals Adopted
A Hotel Occupancy Tax 457,693 450,000 224,384 243,930 108.71%
Interest/Misc Income 18,284 28,975 14,448 8,128 56.26%
475977$478975$238831$252058$10554%TOTAL
REVENUES
ADOPTED BUDGET
475,977$ 478,975$ 238,831$ 252,058$ 105.54%
ABased on accrual method POSITIVE > 90%
CAUTIOUS 70% ‐ 90%
NEGATIVE < 70%
Prior DASHBOARD
Year Annual YTD YTD
Actuals Budget Budget Actuals Adopted
TOTAL
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EXPENDITURES
ADOPTED BUDGET
ActualsBudgetBudget ActualsAdopted
Operations & Maintenance245,700 241,962120,65078,587 65.14%
Capital Outlay ‐ ‐ ‐ ‐ 0.00%
245,700$ 241,962$ 120,650$ 78,587$ 65.14%
POSITIVE < 100%
CAUTIOUS101% ‐ 110%
NEGATIVE > 111%
TOTAL
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NEGATIVE > 111%
Prior DASHBOARD
Year Annual YTD YTD
Actuals BudgetBudget Actuals Adopted
Payroll Transfer Out to GF 174,569 174,971 87,246 74,956 85.91%
Transfer Out to Debt Service 179,266 180,944 90,224 45,463 50.39%
Transfer Out toCapital Projects 20447 ‐‐‐000%
OTHER USES
ADOPTED BUDGET
Transfer Out to Capital Projects 20,447 ‐ ‐ ‐ 0.00%
374,281$ 355,915$ 177,470$ 120,419$ 67.85%
Prior
YearAnnualYTDYTD
ActualsBudgetBudgetActuals
Net Revenues Over (Under) Expenses
SUMMARY
ADOPTED BUDGET
TOTAL
(144,004)$ (118,902)$ (59,288)$ 53,053$
Beginning Fund Balance (audited)1,244,945 1,100,941 1,100,942 1,100,941
Ending Fund Balance1,100,941 982,039 1,041,654 1,153,994
Restricted Funds ‐ ‐ ‐ ‐
Unrestricted Fund Balance 1,100,941$ 982,039$ 1,041,654$ 1,153,994$
# of Operating Days670 600 636 705
()p
Including Other Uses
Daily Operating Costs 1,643$ 1,638$ 1,638$ 1,638$
4/20/2011 9:51 AM
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
VISITORS ASSOCIATION FUND
Page 1
REVENUES +$13,227
MOTEL OCCUPANCY TAX INCOME +$19,546
o YTD Estimated Budget is $224,384
o YTD Actual is $243,930
Prior YTD actual through second quarter was $243,234
MISCELLANEOUS INCOME ($6,320)
Public Arts Income ($3,739)
o YTD Estimated Budget is $3,739
o YTD Actual is $0
o Anticipate fund raising revenues to be received later in the fiscal year
Historical Board Income ($3,372)
o YTD Estimated Budget is $4,986
o YTD Actual is $1,613
o Anticipate fund raising revenues to be received later in the fiscal year
EXPENDITURES ($42,063)
OPERATIONS AND MAINTENANCE ($42,063)
Marriot Marketing and Transportation ($29,917)
o YTD Estimated Budget is $29,917
o YTD Actual is $0
o Based on agreement – no invoices received to date for processing
Public Art Expense ($4,920)
o YTD Estimated Budget is $4,986
o YTD Actual is $66
o Anticipate fund raising expenses to be paid later in the fiscal year
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
VISITORS ASSOCIATION FUND
Page 2
Resident Survey ($4,861)
o YTD Estimated Budget is $4,861
o YTD Actual is $0
o Expenses related to survey will be paid upon receipt of fiscal year survey
Historical Board Expense ($4,126)
o YTD Estimated Budget is $4986
o YTD Actual is $860
o Anticipate annual fund raising expenses to be paid later in the fiscal year
OTHER USES ($57,051)
PAYROLL TRANSFERS OUT TO GENERAL FUND ($12,290)
YTD Estimated Budget is $87,246
YTD Actual $74,956
o Actual is less due to year‐end accruals (payment in current year but earned
and booked in prior year)
TRANSFERS OUT TO DEBT SERVICE ($44,761)
YTD Estimated Budget is $90,224
YTD Actual $45,463
o Remaing payment will be made on May 1st, 2011
UTILITY FUND 500
Quarterly Financial Dashboard
Quarter Ended 03/31/11
Prior DASHBOARD
Year Annual YTD YTD
Actuals BudgetBudget Actuals Adopted
A%Water Revenues 1,592,821 1,908,000 438,980 521,837 118.87%
ADOPTED BUDGET
REVENUES
A%Sewer/Waste Revenues476,638 448,166 195,506 180,715 92.43%
Tap/Impact Fee Revenues 32,605 56,000 27,923 136,271 488.02%
Contributions 46,810 ‐ ‐ ‐ 0.00%
Misc Revenues 68,361 14,600 7,280 42,086 578.10%
2,217,235$ 2,426,766$ 669,689$ 880,909$ 131.54%
(A) Based on accrual method POSITIVE> 90%
TOTAL
ND(A) Based on accrual method POSITIVE 90%
(%) Based on % of PY Actual at quarter‐end CAUTIOUS70% ‐ 90%
NEGATIVE< 70%
Prior DASHBOARD
Year Annual YTD YTD
Actuals BudgetBudget Actuals Adopted
Operations & Maintenance1,724,092 1,722,176 858,729 476,241 55.46%
ADOPTED BUDGET
EXPENSES
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Operations & Maintenance 1,724,092 1,722,176 858,729 476,241 55.46%
Capital Outlay19,906 43,000 21,441 6,770 31.58%
Capital Projects 67,428 248,920 124,119 163,739 131.92%
IFA/DS Payments 575,464 253,784 126,545 136,744 108.06%
2,386,890$ 2,267,881$ 1,130,834$ 783,494$ 69.28%
POSITIVE < 100%
CAUTIOUS 101%‐110%
TOTAL
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CAUTIOUS 101% ‐ 110%
NEGATIVE > 111%
Prior DASHBOARD
Year Annual YTD YTD
Actuals BudgetBudget Actuals Adopted
Transfer Impact Fees Out to GF ‐ 18,000 8,975 131,487 1464.98%
Payroll Transfer Out to GF 241,319 227,292113,335 101,259 89.35%
ADOPTED BUDGET
OTHER USES
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Payroll Transfer Out to GF 241,319 227,292 113,335 101,259 89.35%
241,319$ 245,292$ 122,310$ 232,746$ 190.29%
YTDAnnualYTDYTD
ActualsBudgetBudgetActuals
(410,974)$ (86,407)$ (583,455)$ (135,331)$
Beginning Fund Balance 1,780,047 1,369,073 1,369,073 1,369,073
Net Revenues Over (Under) Expenses
ADOPTED BUDGET
SUMMARY
TOTAL
gg ,,,,,,,,
Ending Fund Balance1,369,073 1,282,667 785,620 1,233,742
Restricted Fund Balance 135,000 135,000 135,000 137,830
Unrestricted Fund Balance 1,234,073$ 1,147,667$ 650,620$ 1,095,912$
# of Operating Days 195 208 128 200
Daily Operating Cost 7,016$ 6,154$ 6,154$ 6,154$
4/20/2011 9:51 AM
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
UUTTIILLIITTYY FFUUNNDD
Page 1
REVENUES +$211,220
WATER REVENUES +$82,857
YTD Estimate Budget $438,980
YTD Actual $523,072
o Dry season has caused increased usage.
TAP/IMPACT FEES +$108,348
YTD Estimate Budget $27,923
YTD Actual $136,271
o Deloitte meters budgeted in PY – installed in CY
o Total charge for Deloitte (water/sewer taps and impact fees = $134,271)
MISCELLANEOUS INCOME $34,806
YTD Estimate Budget $7,280
YTD Actual $42,086
o Duct Bank Lease payment received $34,275 (Based on cash basis. We will
recognize 9 months in the current year and defer the remaining revenue until
we recognize each year over the 5 year term of the lease)
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
UUTTIILLIITTYY FFUUNNDD
Page 2
EXPENSES ($347,340)
OPERATIONS AND MAINTENANCE ($382,488)
Water Purchases ($224,591)
o YTD Estimated Budget $361,506
o YTD Actual $136,916
This is a seasonal expense
Expense will increase during hotter summer months
Peak Payments ($59,448)
o YTD Estimated Budget $162,553
o YTD Actual $103,105
Same base charge each month and settle up at the end of the year.
TRA Wastewater Treatment ($36,651)
o YTD Estimated Budget $143,106
o YTD Actual $106,455
Historically, expense will increase during last 2 quarters of the year
Southlake Wastewater Treatment ($24,349)
o YTD Estimated Budget $44,876
o YTD Actual $20,526
Historically, expense will increase during remaining quarters of the
year
Electricity ‐ Pump Station ($14,272)
o YTD Estimated Budget $34,904
o YTD Actual $20,631
This is a seasonal expense
Expense will increase during hotter summer months
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
UUTTIILLIITTYY FFUUNNDD
Page 3
EXPENSES continued
CAPITAL OUTLAY ($14,671)
Water Taps ($9,473)
o YTD Estimated Budget $17,452
o YTD Actual $0
Based on new home construction
Ordered on an as needed basis
Water Meters ($5,007)
o YTD Estimated Budget $11,468
o YTD Actual $6,460
Based on new home construction
Ordered on an as needed basis
CAPITAL PROJECTS +$39,260
Project #30 ‐ N1 Sewer Line Transfer ($63,326)
o YTD Estimated Budget $63,326
o YTD Actual $0
Project has not begun
Project #31 ‐ N1 Sewer Line Transfer ‐ Inflow/Infiltration Repairs ($44,399)
o YTD Estimated Budget $60,793
o YTD Actual $16,394
Project is just starting
Project #32 ‐ Stagecoach Hills Waterline Connections +$147,345
o YTD Estimated Budget $0
o YTD Actual $147,345
This project was scheduled to be completed during FY 09/10; however,
inclement weather and easement dedication delayed the project into
the current fiscal year.
Town of Westlake
Analysis of Dashboard for Quarter Ended 03‐31‐2011
UUTTIILLIITTYY FFUUNNDD
Page 4
EXPENSES continued
INTERFUND ADVANCE /DEBT SERVICE PAYMENTS ($10,199)
48806 ‐ IFA Debt Payment to 4B Fund ($14,825)
o YTD Estimated Budget $14,825
o YTD Actual $0
Repaying $29,731 annually thru 8/15/2019
Payment is transferred to 4B at year‐end
48820/48821 – Debt Service Keller Overhead Storage Interest/Principal +$58,600
o YTD Estimated Budget $57,868
o YTD Actual $116,468
Annual Payment made in March 2011
48821/48823 – Debt Service Hillwood/Town Service Areas ($33,576)
o YTD Estimated Budget $53,852
o YTD Actual $20,276
This is a seasonal expense in direct correlation with water revenues
Expense will increase during hotter summer months.
OTHER USES $110,436
TRANSFERS OUT $110,436
Transfers out to General Fund – Impact Fees ‐ $122,512
o YTD Estimated Budget $8,975
o YTD Actual $131,487
Deloitte meters budgeted in PY – installed in CY
Payroll Transfers out to General Fund ($12,075)
o YTD Estimated Budget $113,335
o YTD Actual $101,259
Actual is less due to year‐end accruals (payment in current year but
earned and booked in prior year)
DISCUSSION ITEMS
a. Presentation and discussion regarding the Texas Student Housing
Authority.
b. Discussion and review of the process for amending/updating the
Town’s. Comprehensive Plan.
c. Discussion of a proposed Development Agreement with Hillwood
Alliance Services for various Ottinger Road and Dove Road Public
Improvements.
d. Discussion of Town communication efforts and resources.
e. Discussion of 2011 DirectionFinders Citizens’ Survey Instrument.
Town of Westlake
Item # 5 –
Discussion Items
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: April 25, 2011
Staff Contact: Tom Brymer, Town Manager Discussion
Subject: Status Report, Update, and Discussion Regarding the Texas Student Housing
Authority
The Texas Student Housing Authority (TSHA) will present a status report and update on their agency, an
instrumentality of the Town whose Board is appointed by the Town Council. TSHA representatives will
be present at the Town Council’s workshop for this presentation, to answer questions, and discuss the
TSHA with the Council. The Town Council last held a similar session with TSHA on May 21, 2009.
This agenda item carries out the Town Council’s Citizen Advisory Board/Committee/Affiliate Relations
and Communications Policy adopted December 8, 2008.
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
Note: The financial status of TSHA will be covered in this presentation.
Staff recommends that the Council utilize Section III A of its Citizen Advisory
Board/Committee/Affiliate Relations and Communications Policy which reads as follows:
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
All TC/BOT advisory boards, committees, commissions, and affiliate organizations shall
Meet at least annually with the TC/BOT to:
1.) Report on progress to date in implementing that group’s program of work for the
current fiscal year.
2.) Review a proposed program of work for the coming fiscal year as well as submit any
budget requests and requested staff resources for this proposed program of work.
Said program of work will be discussed within the context of the organization’s
program of work carrying out the TC’s/BOA’s strategic plan for both the Town and
Westlake Academy. All funding requests should be submitted not later than the July
1st prior to the upcoming fiscal year. Requests received after that time will not be
considered until the following fiscal year.
3.)Review fund raising activities underway or planned to support the current or
proposed plan of work.
4.) The chair of each advisory board, committee, and/or affiliate organization shall
schedule this annual meeting (or more frequent if needed) through the Town
Secretary’s office. The TC/BOT may choose to hold these meetings one or two
times per year.
5.) All affiliates of Westlake Academy, prior to meeting with the TC/BOT, will meet
with the Head of School to make sure they their proposed efforts are coordinated through
the Head of School and his/her designates.
Page 2 of 2
1.) Town Council’s Citizen Advisory Board/Committee/Affiliate Relations and Communications Policy.
ATTACHMENTS
2.) Minutes from Town Council’s May 21, 2009 when it last met with TSHA representatives.
2008
Town of Westlake /
Westlake Academy
Town Council / Board of Trustees
CITIZEN ADVISORY
BOARD/COMMITTEE/AFFILIATE RELATIONS
AND COMMUNICATIONS POLICY
1
(adopted December 8, 2008)
CITIZEN ADVISORY BOARD/COMMITTEE/AFFILIATE
RELATIONS AND COMMUNICATIONS POLICY
Contents
I. POLICY PURPOSE. ................................................................................................................................... 2
II. POLICY GOALS. ........................................................................................................................................ 2
III. POLICY PARAMETERS ............................................................................................................................. 2
A. Annual Meeting with Board. ............................................................................................................ 2
B. IRS Tax‐Exempt Status Requests. ..................................................................................................... 3
C. Use of Town and Academy Name, Resources, and Logos. .............................................................. 3
D. Fiduciary/Stewardship Responsibilities and Requirements. ........................................................... 3
2
(adopted December 8, 2008)
I. POLICY PURPOSE. To establish a clear framework and process for enhanced
collaborative interaction, communication, and mutual understanding of roles and
responsibilities between the Town Council (TC) and the Board of Trustees (BOT) and
their various citizen advisory boards, commissions, committees, and organizations
affiliated with the Town of Westlake and/or Westlake Academy.
II. POLICY GOALS. The goals of this policy are:
A. Enhanced two-way communication between the TC/BOT and its various advisory
boards, commissions, committees and affiliate organizations (and vice versa).
B. Reaching mutual agreement regarding annual programs of work for these various
citizen advisory boards, commissions, committees, and affiliate organizations to
enhance and assist in the pursuit of the TC’s/BOT’s strategic priorities.
C. Achieving a common paradigm that all advisory boards, commissions, committees,
and affiliates of the Town of Westlake and Westlake Academy exist to further the
TC/BOT strategic agenda and are under the direct control of BOT/TC or, if they are a
Westlake Academy affiliate, are under the day-to-day direction of the Head of
School.
D. Creating a clear understanding, coordination, and agreement by the TC/BOT and its
citizen advisory boards, commissions, committees, and affiliate organizations as to
each group’s role, function, and scope of responsibility in terms of their relationship
to the Town of Westlake and/or Westlake Academy.
E. Establishing a direct link between Westlake Academy, its Head of School, and the
Academy’s Senior Management Team as being the first point of contact for
coordinating the activities of Westlake Academy affiliates.
III. POLICY PARAMETERS. To achieve this policy’s purpose and goals, the following
parameters are put in place:
A. Annual Meeting with Board.
All TC/BOT advisory boards, committees, commissions, and affiliate organizations shall
meet at least annually with the TC/BOT to:
1.) Report on progress to date in implementing that group’s program of work for the
current fiscal year
2.) Review a proposed program of work for the coming fiscal year as well as submit any
budget requests and requested staff resources for this proposed program of work.
Said program of work will be discussed within the context of the organization’s
program of work carrying out the TC’s/BOA’s strategic plan for both the Town and
Westlake Academy. All funding requests should be submitted not later than the July
1st prior to the upcoming fiscal year. Requests received after that time will not be
considered until the following fiscal year.
3.) Review fund raising activities underway or planned to support the current or
proposed plan of work.
3
(adopted December 8, 2008)
4.) The chair of each advisory board, committee, and/or affiliate organization shall
schedule this annual meeting (or more frequent if needed) through the Town
Secretary’s office. The TC/BOT may choose to hold these meetings one or two
times per year.
5.) All affiliates of Westlake Academy, prior to meeting with the TC/BOT, will meet with
the Head of School to make sure they their proposed efforts are coordinated through
the Head of School and his/her designates.
B. IRS TaxExempt Status Requests.
All advisory committees, commissions, boards, and affiliates seeking tax-exempt status
from the Internal Revenue Service 501(c)3 must receive prior approval from the
TC/BOT. When submitting a request to the TC/BOT to apply for this IRS 501(c)3 status,
the organization wishing to apply must be able to demonstrate and illustrate to the
TC/BOT the benefits of this status for achieving TC/BOT strategic priorities as well as
the advantages of this designation not currently afforded by the Town’s existing tax-
exempt status. Further, the organization requesting to apply for this 501(c)3 status
must be able to demonstrate to the TC/BOT their organizational capacity to administer
and comply with all IRS regulations related to this status on an on-going basis.
C. Use of Town and Academy Name, Resources, and Logos.
Any advisory board, commission, or committee, as well as affiliate organizations of the
Town or Westlake Academy, that wish to begin using the Town or Academy’s name or
logo in their operational efforts must receive prior approval from the TC/BOT. Said
approval can be withdrawn at any time by the TC/BOT. Additionally, any on-going use
of Town facilities, resources, and staff by an advisory committee, commission, board, or
affiliate must be requested through the Town Manager’s office and is subject to his/her
approval prior to on-going utilization of those resources. Requests to add organizations
covered by this policy to the Town’s insurance policy shall be submitted to the Town
Manager for his prior approval before any insurance coverage is extended. If approved,
the annual cost of this insurance shall be borne by the requesting organization.
Requests to add staff to support any advisory board, commission, committee, or affiliate
shall be made through the Town Manger’s office as a part of the annual budget
preparation process and must be approved in advance by the TC/BOT. This request will
include the identification of funding resources to pay for this position, the operational
reporting arrangement for this position, and which payroll/insurance program this
position will fall under.
D. Fiduciary/Stewardship Responsibilities and Requirements.
All advisory boards, commissions, committees, and affiliates that expend funds through
their own bank accounts must first have TC/BOA approval to have separate bank
accounts. All such groups will also submit their financial control procedures to the Town
Manager or his/her designate for review and approval as to providing acceptable internal
control on collection and expenditure of funds from these bank accounts.
4
(adopted December 8, 2008)
Additionally, if this approval for separate bank accounts is authorized by the TC/BOT, a
timely annual audit of this account(s) shall be submitted to the Town Manager or his/her
designate for presentation to the TC/BOT. Said audit may be conducted by an external
CPA auditing firm or may be conducted by the Town’s Director of Finance with that
decision being made by the Town Manager depending on staff workload requirements at
the time. Since the Westlake Academy Foundation has IRS 501(c)3 status at the time of
the adoption of this policy, that organization shall, at its cost, utilize the same external
auditor concurrently used to audit Westlake Academy finances. This Westlake Academy
Foundation audit shall be prepared on a timely basis for presentation to the TC/BOT at
the same time that the Academy’s audit is presented.
For those advisory boards, commissions, and committees funded by the TC/BOT
through the Town or Academy approved budget, use of approved budgetary allocations
shall be made on transaction by transaction basis. That is, the chair or president of that
organization will identify the vendor they wish to utilize, contact the Town’s Director of
Finance, and submit necessary invoices so that the vendor can be paid by the Town for
goods/services rendered to that advisory committee, commission, or board from their
TC/BOT approved budget. Use of approved Town budgeted funds by these
organizations shall be in accordance with State purchasing statutes and Town
purchasing policies.
All by-laws for proposed for citizen advisory boards, commissions, committees, and
organizations affiliated with the Town of Westlake and/or Westlake Academy shall first
be reviewed and approved by the TC/BOT.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL &
TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS
JOINT WORKSHOP
May 21, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, Rick Rennhack, and Rebecca Rollins, TSHA Chairman Jim Carter and
Directors Jac Irvine, George Ledak (arrived at 6:01 p.m.), Jill McKean, and Chuck
Schultz.
ABSENT: Council Member Brittan and TSHA Director Melanie Lekkos.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter. TSHA
Executive Director Pete Ehrenberg, General Counsel Scott Bradley,
and Mr. Allen Moon.
1. CALL TO ORDER.
A. Town Council
Mayor Wheat called the workshop to order at 5:51 p.m.
B. Texas Student Housing Authority
Chairman Carter called the workshop to order at 5:51 p.m.
2. HEAR AND DISCUSS OVERVIEW OF TEXAS STUDENT HOUSING AUTHORITY
SCHOLARSHIP PROGRAM.
Executive Director Ehrenberg addressed the Council and the Board regarding the item. Mr.
Ehrenberg reviewed the original goal of the scholarship program and how the program has
evolved to today’s statewide scholarship offerings.
Discussion ensued regarding the goals and expectations of the program from the onset and
as it exists today, and the TSHA property finances.
Town of Westlake Town Council Page 2 of 4
& TSHA Board of Directors
Joint Workshop Minutes
May 21, 2009
3. DISCUSS AND REVIEW CURRENT STATUS OF TEXAS STUDENT HOUSING
AUTHORITY SCHOLARSHIP PROGRAM AND FINANCIAL OUTLOOK
REPORT PREPARED BY THE EXECUTIVE DIRECTOR.
Executive Director Ehrenberg reviewed the financial outlook for each of the properties:
- Cambridge
o Project 100% occupancy for 2009/10 school year
o Rental rates increased
o Tax exempt status for 2009 has been denied by Brazos County
Protest has been filed on both property and personal property
valuations
o Repair and Replacment and Debt Service Reserves Funds are fully
funded
Discussion ensued regarding the Brazos County tax-exempt denial and the impact to the
program, and the current status of the bonds.
- Ballpark at Austin
o Project 97% occupancy for 2009/10 school year
o Rental rates increased slightly
o 2009/10 net cash flow is expected to remain unchanged
o MBIA has retained Cushman & Wakefield to conduct an appraisal review
with the possiblility of selling the property if the property meets MBIA
criteria
Analysis by Asset Plus indicates the market value is $16.2
o Repair and Replacment fund is depleted
o Debt Service Reserve balance is $1.68 million
Executive Director Ehrenberg advised that he has met with MBIA, the insurer of the senior
bonds at the Ballpark, regarding the possiblity of selling the property. The property
appraisal came in at $19.5 to $20.5 million.
- Town Lake at Austin
o Project 97% occupancy for 2009/10 school year
o 2009/10 net cash flow is projected to decrease by $16K
o MMA has approached to TSHA indicating a willingness to suspend the
interest payments on A2 bonds ($33K month) if TSHA will forego Asset
Management Fee of $28K/year
A2 Interest payment suspension will trigger an Event of Default
Will give MMA greater input as to the direction of the property,
including possible foreclosure action
o Repair and Replacement fund balance is $378K
o Debt Service Reserve balance is $400K
Currently using $45 to $50K monthly
Town of Westlake Town Council Page 3 of 4
& TSHA Board of Directors
Joint Workshop Minutes
May 21, 2009
Discussion ensued regarding the impact of foregoing the asset management fee of $28K
year.
Chair Carter stated that he supports a more proactive approach in dealing with MMA
concerning the Town Lake property.
With no objections, Mayor Wheat stated that she would meet with the Town Manager to
discuss possible options for moving forward with regard to the MMA’s proposal.
Director Irvine stated that he would like to make sure that TSHA does not lose site of the
original goal of offering scholarships and obtaining enough revenue to cover the
administration costs.
Chairman Carter suggested a financial analysis be performed on the San Marcos property to
determine how valuable the property is to the owner.
Mayor Wheat suggested that a committee be formed consisting of two (2) members of the
Council, two (2) members of the TSHA Board and a couple of members from the
community to discuss possible alternative options with regard to financing of the projects.
Discussion ensued regarding the flow of funds related to the Authority.
Although not discussed, the following information was presented to the Council and the
Board regarding The Ridge at Denton
O Project 81% occupancy for 2009/10 school year
O 2009/10 net cash flow is projected to be $537K less than FY 2008/09
O Repair and Replacement funds is depleted
O Debt Service Reserve fund balance is $2.3 million
4. DISCUSS AND REVIEW REQUEST BY MUNIMAE FINANCIAL TO FOREGO
ASSET MANAGEMENT FEES FOR THE TOWN LAKE PROPERTY.
See item #3 with regard to the Town Lake property.
5. CONSIDER AND TAKE ACTION REGARDING REQUEST BY MUNIMAE
FINANCIAL TO FOREGO ASSET MANAGEMENT FEES FOR THE TOWN LAKE
PROPERTY.
A. Texas Student Housing Authority.
MOTION: Director Irvine made a motion to table consideration of the item. Director
Ledak seconded the motion. The motion carried by a vote of 5-0
Town of Westlake Town Council Page 4 of 4
& TSHA Board of Directors
Joint Workshop Minutes
May 21, 2009
6. ADJOURNMENT.
A. Town Council
There being no further business, Mayor Wheat adjourned the workshop at 8:24 p.m.
following discussion of item #3.
B. Texas Student Housing Authority
There being no further business, Chair Carter adjourned the workshop at 8:27 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 8, 2009.
_________________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________
Kim Sutter, TRMC, Town Secretary
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Planning & Development Meeting Date: April 25, 2011
Staff Contact: Eddie Edwards, Director Discussion
of Planning & Development
Subject: Presentation and Discussion of a Work to Date and Going Forward Process for
Amending/Updating the Town’s Comprehensive Plan
This topic was last discussed with the Town Council at its November 9, 2009 workshop where a
suggested process for amending the Town’s comprehensive Plan was presented by staff along
with background information on the importance and purpose of a comprehensive plan and
regularly updating it. In addition to the content of any comprehensive plan amendments, the
process used to amend/update it is very important as it shapes the outcome produced as well as
the community consensus behind it. The purpose of this agenda item is to provide an update
to the Town Council on staff work to date on updating the Town’s Comprehensive Plan
and review the going forward process from this point.
EXECUTIVE SUMMARY
Contained in the Town’s Adopted Strategic Plan under the Vision Point “Inviting Residential &
Corporate Neighborhoods”, in the Key Result Area “On-going Comprehensive Planning” is an
Outcome Strategy for Updating/Amending the Town’s Comprehensive Plan. The current
Comprehensive Plan was formulated and put in place in the late 1990’s. Attached is information
presented to the Town Council at its November 9, 2009 workshop giving background on this
Key Result Area.
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
Note
: while some Town funding is available for this effort, the amount needed will depend on
the scope desired going forward as well as whether any private funding participation is available
and desired by the Town.
That the Council receive a status report and provide feedback on staff work to date on this effort
as well as discuss and provide direction on the process going forward on this initiative.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Page 2 of 2
ATTACHMENTS
1. Draft Town Comprehensive Plan text to be delivered under separate cover (note: this is
text only establishing comprehensive planning guidelines on a number of topics ranging
from growth, circulation, land use, housing, etc. Exhibits and maps have not been
formulated as of yet)
2. Copy of current Town Comprehensive Plan (sent under separate cover).
3. Page 8 of the Adopted Town Strategic Plan related to amending/updating the Town’s
Comprehensive Plan.
4. Flow chart of the proposed process for amending and updating the Comprehensive Plan.
5. Memorandum dated 11-3-09 from the Town Manager to the Town Council re: issues and
considerations in arriving at a process for amending the Comprehensive Plan.
6. Fact sheet on comprehensive planning from Ohio State University.
Outcome Strategies:
1. Update master plans to guide development and provide a framework for future projects;
promote the Master Plan as a community focal point — Short & Mid-Range Goals.
Team Co-Leaders: Tom Brymer / Eddie Edwards
Objective 1.1: Develop RFP for master plan review.
Estimated Completion Date: Spring, 2010
Objective 1.2: Work with consultant to draft the master plans — form community/staff
task force.
Estimated Completion Date: Winter, 2010
Key Result Areas and Outcome Strategies
Glenwyck Park
Vaquero
2. Precinct Line Road construction — Mid-Range Goal.
Team Leader: Jarrod Greenwood
Objective 2.1: Facilitate stakeholder meetings to communicate project status and
engage community members.
Estimated Completion Date: Fall, 2009
Objective 2.2: Finalize construction plans with TxDOT; TxDOT bid placement.
Estimated Completion Date: Summer, 2010
Objective 2.3: TxDOT commences construction.
Estimated Completion Date: Winter 2010
Page 8 2009
ON-GOING COMPREHENSIVE PLANNING — Ensure the master plans are continually
updated and reviewed to enhance the development of the Town.
Outcome Measure: All master plan documents are not more than 5 years old.
Vision Point One—Inviting Residential and Corporate Neighborhoods
“We are limited,
not by our abilities,
but by our own
vision.”
- Anonymous
SENSITIVITY TO NEIGHBORHOOD INTEGRITY — Maintain the high standards of
neighborhood planning and residential construction to foster the Town’s unique character and rural
atmosphere.
Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark measure for
neighborhood integrity.
Outcome Strategies:
1. Promote and develop landscaped entrances to neighborhoods — Mid-Range Goal.
Team Leader: Troy Meyer
Objective 1.1: Review and update ordinances and Unified Development Code for all
landscaping requirements which would include, but not limited to:
irrigation systems, plans, trees, xeriscape concepts, water features,
lighting, gates, and signs.
Estimated Completion Date: Spring, 2010
1
MEMORANDUM
Date: November 3, 2009
TO: Honorable Mayor and Council
FROM: Tom Brymer, Town Manager/CEO Westlake Academy
SUBJECT: Issues and Considerations for Discussion Regarding the Process
Used for Amending the Comprehensive Plan
As the Council moves forward on this Outcome Strategy in its Strategic Plan, it is
important to have some Council discussion on the process used to
amend/update the Town’s Comprehensive Plan. The Town’s current
Comprehensive Plan was put in place in the late 1990’s. Regarding terminology,
often the terms “comprehensive plan” and “master plan” are used
interchangeably in municipal work. Generally speaking, these terms are
describing the same thing, however, in this memo the term comprehensive plan
is utilized.
Following are some factors that should be taken into consideration as the Council
and staff discusses a process for moving this important work forward:
Why Update/Amend the Comprehensive Plan? A comprehensive plan is one
of the Town’s most important tools for guiding the growth, development,
composition, and physical appearance of the Town. Zoning decisions should be
based off of the comprehensive plan. It is also important for a municipality to
review its comprehensive plan on a regular basis so it remains relevant as an
easily used working tool for guiding planning and development for the staff,
development community, Council, our business community, residents, and the
Planning & Zoning Commission. Over time, development practices and trends
can create circumstances that warrant a fresh look and discussion of the
comprehensive plan. Examples of changes that often warrant re-looking at a
comprehensive plan can include: types of single family housing due to the
retiring “baby boomers, new transportation infrastructure such as a new major
roadway corridors or interchanges, public transit options that affect land use, and
mixed use.
How Often Should the Comprehensive Plan be Updated/Amended? As a
general rule, it is a good idea to have a thorough review, update, and
amendment of a comprehensive plan at least every 5-10 years, particularly if
there has been a significant level of development activity and/or a change of
conditions present in the community over that time period. An opportune time to
2
update and amend a comprehensive plan is when development activity is at a
low level. It is much harder to undertake an effort like this when development
activity is booming, if for no other reason than the amount of staff time this effort
requires.
What are the Components of Comprehensive Plan? While there may be
some variation between communities as to what comprises their comprehensive
plan, generally most plans contain the following parts:
a thoroughfare plan including basic street types (thorough fares, arterials,
collectors, residential streets) and standards which can also include
landscaping and streetscaping requirements for the various street types
a parks and open space plan (note: this should cover both private and
public open space)
a bicycle/pedestrian plan that is integrated with a trail plan
a land use plan including a land use inventory of existing uses and those
that might be desired in the future
a water and sewer utility plan (the land use plan helps to determine this)
storm water/drainage plan (note: the land use plan helps determine this
and this should be linked to the trail plan)
What Should the Scope of the Comprehensive Plan Amendment/Update
Be? This varies from community to community depending on several factors
including, but not limited to:
the component parts of the comprehensive plan mentioned above
how much development activity has occurred since the comprehensive
plan was last re-visited in a systematic manner
how much change has occurred in market conditions, development
practices and land use practices since the last major comprehensive plan
review
do we know what the build/out analysis shows in the way of financial
sustainability for the municipality under the current comprehensive plan?
how much public input does the Council desire for this process?
how web based the amended/plan is desired to be (note: the trend today
is for the municipality’s plan to be very accessible via the web)
how much existing data and previous planning work can be utilized in the
plan update/amendment
does the municipality want a build-out analysis performed on
recommended land use scenarios for the updated/amended plan
how much value is placed on outside expertise, perspective, and
knowledge of best practices in urban planning as the plan is updated and
amended
1
Ohio State University Fact Sheet
Community Development
700 Ackerman Road, Columbus, OH 43202-1578
Comprehensive Planning
CDFS-1269-99
Land Use Series
John B. Conglose
Community Economic Development Agent
Huron County
Ohio State University Extension
Introduction
An old saying amongst those in the planning profession is that if you fail to plan, in reality what
you are doing is planning to fail. Communities are always facing this dilemma. If the community
you work, play, and live in does not have a plan for its future, what ultimately may happen is that
the community will fail to adapt to change. The community will fail to take advantage of
opportunities.
The concept of comprehensive planning is very much related to the economic prosperity of
communities. A comprehensive plan can be used as a tool to plan for the future growth or decline
of a local community. Most importantly, it can be used as a tool to address the constant change
and evolution of a community. Comprehensive plans are sometimes referred to as land-use plans,
because in many cases they are dealing with issues related to the appropriate uses of land. In
many cases, comprehensive plans are prepared to address compatibility issues between various
uses of land, management and preservation of natural resources, identification and preservation
of historically significant lands and structures, and adequate planning for infrastructure needs. In
other instances, comprehensive plans are utilized to address issues related to schools, recreation,
and housing.
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History of Comprehensive Planning
The issue of comprehensive planning in the United States has been addressed since the birth of
the country. The original Williamsburg was one of the first highly successful products of an
attempt to create a land-use plan in the colonies. In 1699, Williamsburg was laid out under the
most detailed piece of town-planning legislation adopted in the English Colonies up to that point.
Williamsburg reflected what is referred to as "axial planning," which means that it is formal, yet
not pompous.1 Many consider the modern phase of American City Planning dated to the
Columbian Exposition of 1893. The modern era of planning for growth and development began,
however, in 1900, when, at an annual meeting of the American Institute of Architects in
Washington, D.C., several papers were presented dealing with the beautification of government
buildings in the capital. This resulted in the appointment of a committee responsible for the work
of preparing a plan for the District of Columbia's park system. A final plan for the District Park
System was completed in 1901. The impression left from this final plan was shared with many
cities and villages throughout the country. Public improvement groups in these communities
were created and became devoted to applying a new gospel of planning in communities. This
early concept of this process was referred to as the "City Beautiful Movement." This movement
established two aspects of the local comprehensive planning process that are still in use today --
the professional consultant in the field of comprehensive land-use planning and the planning
commission, many of which are in existence in communities all across the country. The City
Beautiful Movement was the beginning of what is more commonly referred to today as
"Comprehensive Planning." 2
What Is a Comprehensive Plan?
Comprehensive planning is an attempt to establish guidelines for the future growth of a
community. The term comprehensive means exactly what it says. It should be a comprehensive
or all-inclusive approach at addressing the issue of the future growth of a community. A
comprehensive plan is the document that is the final product from the efforts of this process. The
document is official in nature, meaning that some form of local government should adopt it into
local law. The document should then be used as a policy guide to decisions about the
development of the community.
According to William I. Goodman, a well-known author on the subject of comprehensive
planning, the key principle in the concept of the comprehensive plan is that it is an instrument to
be used by those leaders in a community who establish the policies and make the decisions
regarding physical development. According to Goodman, there are six basic requirements which
the plan document should fulfill:
1. The plan should be comprehensive.
2. The plan should be long-range.
3. The plan should be general.
4. The plan should focus on physical development.
5. The plan should relate physical design proposals to community goals and social and
economic policies.
6. The plan should be first a policy instrument, and only second a technical instrument.3
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Goodman goes on to say that there are six basic requirements to the procedure for creating a
comprehensive plan:
1. There should be only one official comprehensive plan.
2. The plan should be formally adopted by the legislative body.
3. There should be a lengthy period of public debate prior to adoption.
4. The plan should be available and understandable to the public.
5. The plan should be formulated so as to capitalize on its educational potential.4
What Is Included Within a Comprehensive Plan?
The elements of a comprehensive plan can vary from community to community. In most cases
though, the plan consists of a study of existing conditions and a discussion of future trends,
goals, and objectives. Land-use patterns, housing conditions, population, roadways, and other
infrastructure are usually the principle elements that are studied.
In some cases, educational facilities along with recreation and other government facilities are
reviewed. Social service facilities can also be discussed. Comprehensive plans deal with the
land-use related issues relevant to each of these topics.
The Comprehensive Planning Process
A comprehensive plan should be a vision of what a community is to be in the future. The process
of developing this plan should be a community-wide effort. All interest groups should have a
part in determining what this vision should be. Goals and objectives should be developed along
with a time frame for implementation. The contents of a comprehensive plan can vary from
community to community but in most cases, it should consist of the following elements: land use
-- both existing and future; demographics -- existing and projected; housing; infrastructure;
education; recreation; and thoroughfares. The first phase of the process consists of collecting all
available data on these topics. A citizens participation process should also be developed. After
analyzing all existing data and taking input from the citizenry into consideration, goals and
objectives can then be developed.
Getting Organized
Before any work begins on the comprehensive plan, a leader should be appointed to coordinate
this project. A committee should also be appointed to provide direction to the person or persons
held responsible for developing the plan. A popular scenario is to have the county commissioners
or village (city) council appoint the committee and assign the task of leading the process to an
administrative department head or consultant.
Data Collection
One of the first steps in the comprehensive planning process is to collect data on existing
conditions. The data that is to be collected should relate to each of the elements that will make up
the plan. For example, obtaining existing zoning maps or existing land-use maps that have been
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developed in the past can be a starting point for reviewing current land-use information. If this
information is not available, then a survey of the existing uses of land may have to be conducted.
A classification system must then be developed that identifies the various types of land use that
are in existence. Typically, existing land uses can be identified as falling into three major
categories -- residential, commercial, or industrial. Additional categories can include
recreation/open space, agricultural, and government. You can then break down each of the three
or more categories into other classifications within each category. For example, you can have
multi-family (meaning more than one unit) and single family as two classifications within the
residential land-use category. The industrial land-use category can be divided into heavy
industrial classifications or light industrial classifications. Each parcel of land within the
community should be classified and identified on a map with a specific classification.
If housing is an element of the comprehensive plan, data must also be collected regarding
existing housing in the community. Information pertaining to conditions, age, number of units,
whether or not each unit has adequate plumbing and kitchen facilities, whether the unit is owner-
or renter-occupied could be relevant information. Most of this data could be obtained from
available U.S. Census Bureau information. This is also true for collecting data related to the
demographics of the community population. However, a more detailed house- by-house survey
may also be desired.
If a study of transportation is going to be part of the comprehensive plan, then a review of the
existing roadway system in the community can be conducted. This can be initiated by reviewing
existing maps of the community. As part of the transportation element, a review of current
transportation services can also be included.
Various types of data collection can be used, depending upon what elements are to be included in
the comprehensive plan. It is important to remember that most information is readily available
through a number of sources.
Analyzing Data
Once all of the data has been collected, the next step in the comprehensive planning process is to
analyze the data. The coordinator and committee should take time to study data that has been
collected in each of the various categories. The data should be analyzed for trends or other types
of significant points. Upon thorough review and analysis, the next step in the process is to come
up with goals and objectives.
Goal Setting
The comprehensive plan should conclude with a set of recommendations established by the
committee. The recommendations should be in the form of goals and objectives. The objectives
should consist of strategies to address each of the goals that have been established.
Citizen Participation
Throughout the entire comprehensive planning process, citizen input should be obtained.
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After all, the comprehensive plan is a document for the community. The citizens of the
community should have a say as to what their community should be like in the future. There are
a number of ways to obtain citizen input. A series of open forums or public meetings is a good
way to obtain public comment. News releases explaining what is being worked on and inviting
written comments are other ways to obtain input from the public. Many communities include a
citizen survey as part of the comprehensive planning process and incorporate the results into the
body of the plan. Citizen input helps to determine the goals and objectives of the plan.
Conclusion
In 1972 President Nixon appointed a Citizen's Advisory Committee on Environmental Quality.
This committee established a task force to study land use and urban growth. The task force
consisted of prominent people at the time, including Lawrence S. Rockefeller from the famous
Rockefeller family and Mayor Pete Wilson from the city of San Diego, California. Other
appointees were experts on various subjects from the academic, legal, banking, land
development, and conservation communities. A nine-month study was funded by a grant from
the Rockefeller Brothers Fund. A final report was published entitled The Use of Land: A
Citizen's Policy Guide to Urban Growth. A major conclusion of this study and ensuing report
was that land is a basic resource on which human activity ultimately depends. Planning its wise
use is considered to be the best tool to aid citizens to guide growth toward achieving economic
benefits and protecting environmental quality.5 This conclusion is still true 27 years later.
Comprehensive planning is a tool that citizens can use to achieve this goal.
Where to Get More Information
About Comprehensive Land-Use Planning
American Planning Association, 122 South Michigan Avenue Suite 1600, Chicago, IL 60603,
312-431-9100, fax 312-431-9985. www.planning.org.
Ohio Planning Conference, 129 South Third Street Suite 510, Columbus, OH 43215-7100, 614-
221-4349.
Ohio State University Extension, Community Development, 700 Ackerman Road Suite 235,
Columbus, OH 43202-1578, 614-292-8436. http://www-comdev.ag.ohio-state.edu/.
References
Principles and Practices of Urban Planning. 1968. William I. Goodman, Ed., and Eric C.
Fruend, Assoc. Ed. Chicago, Ill. International City Managers Association.
How Will America Grow? A Citizen Guide to Land-Use Planning. 1976. Citizens Advisory
Committee on Environmental Quality. Washington, D.C.
The Practice of Local Government Planning. 2nd. Ed. 1988. Frank S. So and Judith Getzels, Eds.
Chicago, Ill. International City/County Management Association.
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The Small Town Planning Handbook. 2nd. Ed. 1995. Thomas L. Daniels, John W. Keller, and
Mark B. Lapping. Chicago, Ill. American Planning Association Press.
1 William I. Goodman, Ed., and Eric C. Fruend, Assoc. Ed. Principles and Practices of Urban
Planning. Chicago, Ill. International City Managers Association. 1968. p. 1.
2 Ibid.
3 Ibid.
4 Ibid.
5 Citizens Advisory Committee on Environmental Quality. How Will America Grow? A Citizen
Guide to Land-Use Planning. Washington, D.C. April 1976.
All educational programs conducted by Ohio State University Extension are available to clientele on a
nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender,
age, disability or Vietnam-era veteran status.
Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
TDD No. 800-589-8292 (Ohio only) or 614-292-1868
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Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: April 25, 2011
Staff Contact: Tom Brymer, Town Manager Discussion/Regular
Workshop Subject: Discussion of a Proposed Development Agreement with Hillwood
Alliance Services for Various Ottinger Road and Dove Road Public
Improvements
Regular Meeting Consideration of a Resolution Approving a Development Agreement with
Subject: Hillwood Alliance Services for Various Public Improvements to Dove and
Ottinger Roads
On March 28, 2011 the Town Council approved a Memorandum of Understanding (MOU) with Hillwood
Alliance Services (Hillwood) for various public improvements to Ottinger and Dove Roads. The terms of
this MOU included a requirement that within thirty (30) days from the date of approval of the MOU, both
the Town and Hillwood would convert this MOU into a development agreement approved by both
parties. Under the terms of this agreement, Hillwood will invest $4,665,818 in improvements to these
roadways over the next thirty (30) months. This investment will be carried out in a series of seven (7)
projects over a thirty (30) month time period. The first four (4) of these projects center on Ottinger Road
improvements, improvements to the Pearson/Dove Road intersection, as well as improvements to the
bridge/culvert structure located at Paigebrooke Creek and Dove Road. The Ottinger Road improvements
will involve lane/road widening for added turn lanes along Ottinger Road, in front of Westlake Academy
south along Ottinger Road toward the Deloitte University rear access drive. It will also include adding a
northern access lane on Ottinger Road for turning into Westlake Academy. Later in this thirty (30) month
time frame, various improvements will be done to sections of Dove Road and the Dove Road/Ottinger
Road intersection. Hillwood’s investment is estimated based on the Town’s minimum standards. As
design progresses, the Town can elect, subject to Town Council approval, to fund amounts over and
above Hillwood’s $4.6 million if it chooses to exceed Town minimum design standards (for example,
build a round about as opposed to a standard “T” intersection.
EXECUTIVE SUMMARY
Hillwood will serve as project manager, with the Town having plan approval authority and design
oversight through a joint design review committee. The Town will receive monthly reports on all
Hillwood expenditures for this partnership. As design details for these improvements are developed, they
will be shared with the Westlake community. The $4.6 million in road improvements will be in lieu of
Hillwood building a westerly road for the Deloitte University - Ottinger Road entrance per the terms of a
June 2008 development agreement between the Town and Hillwood. The amount of traffic generated by
Deloitte University is similar to the traffic amount generated by Westlake Academy. Additionally,
Deloitte University is working with the Town to stagger employee shift changes so that traffic to their
service entrance on Ottinger Road will have minimal impact on Westlake Academy peak traffic times.
Since the March 28th Town Council approval of the MOU, an email blast was sent to Town residents
about this and other transportation projects underway in Westlake. A page was added to the Town’s web
site devoted to this project at http://www.westlake-tx.org/en/Dove_Ottinger.html. This page includes the
approved MOU and its exhibits.
Page 2 of 2
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
The amount funded by Hillwood, per the terms and projects listed in this development
agreement, will be a maximum of $4,665,818. As the design progresses, the Town can elect, subject
to Town Council approval, to fund amounts over and above Hillwood’s $4.6 million if it chooses to
exceed Town minimum design standards. The Town does have limited funding in the approved CIP for
Ottinger Road improvements that could be reprogrammed into these projects if the Council so chooses.
If this development agreement is approved, it is recommended that the Town’s Capital
Improvement Plan (CIP) be subsequently amended by the Town Council to reflect these specific
projects and their funding source. With the exception of the limited funding for Ottinger Road
improvements, the projects listed in this development agreement are currently not in the funded
Town CIP.
Since the MOU’s approval, staff has met with Hillwood to negotiate the terms of the
development agreement. This agreement is attached and recommended for approval during the
regular meeting. A presentation will be made at the workshop to reiterate the main points of the
proposed development agreement. Following this presentation, it is recommended that Town
Council members utilize the workshop for questions and comments regarding this proposed
project.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1. Memorandum of Understanding approved by the Town Council on March 28, 2011.
ATTACHMENTS
2. Resolution adopting the development agreement.
3. Proposed Development Agreement with exhibits showing location and timing of
improvements.
Resolution 11-15
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TOWN OF WESTLAKE
RESOLUTION NO. 11-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
WESTLAKE AND HILLWOOD ALLIANCE SERVICES, LLC (HAS) , HW 2421 LAND,
LP, AND HW 164 LAND, LP, PERTAINING TO RESPONSIBILITIES AND FUNDING
FOR CERTAIN PUBLIC ROADWAY IMPROVEMENTS/EXTENSIONS,
SIDEWALK/PEDESTRIAN TRAILS, AND LANDSCAPING FOR SECTIONS OF DOVE
AND J.T. OTTINGER ROADS; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Town of Westlake (the “Town”) is experiencing planned growth
through the attraction of economic development projects such as Deloitte University, which is
consistent with the Town’s comprehensive plan, as well as enrollment growth at Westlake
Academy and growth in the area in general, all of which contribute to demand for improvements
to Town’s public roadway infrastructure, and
WHEREAS, the Town and Hillwood Alliance Services (HAS), HW 2421 LAND, LP,
AND HW 164 LAND, LP (collectively referred to as “Hillwood”) desire to entire enter into a
partnership whereby Hillwood will invest approximately $4.6 million to fund certain public
improvements to Dove and J.T. Ottinger Roads in the Town, and
WHEREAS, the Town and Hillwood approved a Memorandum of Understanding
(“MOU”) on March 28, 2011, with the understanding that the terms and conditions agreed upon
in the MOU would be converted into a development agreement approved by both the Town and
Hillwood within thirty (30) days of the MOU’s approval, and
WHEREAS, the development agreement, attached hereto and incorporated herein as
Exhibit A, sets out the responsibilities and funding for certain public roadway
improvements/extensions, sidewalk/pedestrian trail improvements, and landscaping on Dove
Road and J.T. Ottinger Road and removes requirements for construction of a westerly road for
Deloitte University per the terms of a June 12, 2008, development agreement between the Town
and Hillwood adopted by Resolution 08-36; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
Resolution 11-15
Page 2 of 2
SECTION 2:
That the development agreement, attached hereto and incorporated herein
as Exhibit A (the “Development Agreement”), is here by approved.
SECTION 3
: If any portion, provision, term or condition, of this Resolution, including
any portion, provision, term or condition of the Development Agreement, shall, for any reason,
be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining portions, provisions, terms or conditions hereof and the Council hereby determines
that it would have adopted this Resolution and the Development Agreement without the invalid
portion, provision, term or condition.
SECTION 4
: That this Resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25TH
DAY OF APRIL 2011.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
1236149_6
Approved by Town of Westlake
Resolution No. __________
DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is executed to be effective as of the _____ day of
_________, 2011 (“Effective Date”) by and among the Town of Westlake, Texas (the “Town”), HW 2421
Land, LP (“HW 2421”) and HW 164 Land, LP (“HW 164”) (HW 2421 and HW 164 being collectively
referred to in this Agreement as “HW”), and Hillwood Alliance Services, LLC (“HAS”). HW is the owner of
that certain real property generally located on the north side of Dove Road as more particularly described in
Exhibit “A”, attached hereto and incorporated herein by reference (the “HW Property”). This Agreement
concerns the installation of certain public improvements near or adjacent to both (i) the HW Property and (ii)
that certain real property generally located on the north side of Dove Road as more particularly described in
Exhibit “B”
attached hereto and incorporated herein by reference (the “DCLI Property”). Notwithstanding
anything to the contrary, (x) this Agreement shall wholly replace that certain Development Agreement
executed by and among the Town, AIL Investment, L.P. and HAS which was approved by the Town on June
9, 2008, in resolution number 08-36 (the “2008 Development Agreement”), (xx) the 2008 Development
Agreement is hereby terminated in its entirety and shall be void and of no further force or effect, and (xxx) the
parties to the 2008 Development Agreement and their successors and assigns shall have no further rights or
obligations under the 2008 Development Agreement.
SECTION 1. THE PUBLIC IMPROVEMENTS
A. Public Improvements. The term “Public Improvements” shall mean, collectively, those
certain improvements described as Project 1, Project 2, Project 3, Project 4, Project 5, Project
6 and Project 7, as described and depicted on Exhibits “C” and “D”
attached hereto, with
each Project being more specifically described as follows:
1. Project 1. The term “Project 1” shall mean that portion of the Public Improvements
described and depicted as Project 1 – Ottinger Road at Deloitte Entrance on Exhibits “C” and
“D”
attached hereto.
2. Project 2. The term “Project 2” shall mean that portion of the Public Improvements
described and depicted as Project 2 – Ottinger Road and School New North Entrance on
Exhibits “C” and “D”
attached hereto.
3. Project 3. The term “Project 3” shall mean that portion of the Public Improvements
described and depicted as Project 3 – Culvert Crossing at HillHunter Creek on Exhibits “C”
and “D”
attached hereto.
4. Project 4. The term “Project 4” shall mean that portion of the Public Improvements
described and depicted as Project 4 – Pearson/Dove Road Intersection on Exhibits “C” and
“D”
attached hereto.
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5. Project 5. The term “Project 5” shall mean that portion of the Public Improvements
described and depicted as Project 5 – Trail/Sidewalk and Landscaping on Exhibits “C” and
“D”
attached hereto.
6. Project 6. The term “Project 6” shall mean that portion of the Public Improvements
described and depicted as Project 6 – Remaining Dove and Ottinger Road Improvements (not
covered by Projects 1-5 above or Project 7 below) on Exhibits “C” and “D”
attached hereto.
7. Project 7. The term “Project 7” shall mean that portion of the Public Improvements
described and depicted as Project 7 – Ottinger/Dove Intersection Improvements on Exhibits
“C” and “D”
attached hereto.
Each of Projects 1-7 is referred to herein individually as a “Project” and collectively as the
“Projects”. Each Project is limited to the area identified for such Project on Exhibit “C” and
limited to the specific improvements described for such Project on Exhibit “D”
attached
hereto.
B. Required Projects. Project 1, Project 2, Project 3 and Project 4 are collectively referred to
herein as the “Required Projects” because the Town and HAS agree that these Projects will be
approved and constructed pursuant to the timetable set forth in Exhibit B
to this MOU. The
Town agrees that the Required Projects will take priority over, and will be approved, funded
and constructed prior to or simultaneously with the Elective Projects (defined below). In the
event that funds are insufficient to complete both the Required Projects and the Elective
Projects, the Required Projects will be funded and approved first and will take priority over
funding, approval and completion of the Elective Projects.
C. Elective Projects
. Project 5, Project 6 and Project 7 are collectively referred to herein as the
“Elective Projects” because the Town may decide whether to approve and construct these
Projects depending on the amount of funds available for such Elective Projects after
construction of the Required Projects.
D. General Terms and Conditions. The Public Improvements shall be constructed pursuant to the
terms and conditions set forth in this Agreement. HAS and the Town agree that their
respective roles, responsibilities and obligations for each specific Project are set forth (i) in
the body of this Agreement and (ii) in Exhibit “D”
attached hereto.
SECTION 2. PRIVATE CONTRIBUTION TO THE PUBLIC IMPROVEMENTS
A. Private Contribution
. Subject to the terms and conditions set forth herein, HAS agrees to
contribute up to a maximum amount of $4,665,818.00 (the “Maximum Obligation”) on the
planning, design, engineering and construction of the Public Improvements. Any funds or
property contributed by HW, HAS, their affiliates and their respective successors and assigns
to the Public Improvements are collectively referred to herein as the “Private Contribution”.
Notwithstanding anything to the contrary, in no event shall the Private Contribution exceed
the Maximum Obligation. HAS and the Town hereby agree and acknowledge that, subject to
the terms and conditions of this Agreement, the amount of the Private Contribution may
ultimately be less than the Maximum Obligation if not timely used prior to the Contribution
Deadline.
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B. Uses of the Private Contribution
. Notwithstanding anything to the contrary, the Private
Contribution shall only be used for capital improvements. No portion of the Private
Contribution will be used for the following purposes (the “Non-Included Uses”): (i) for street
or road overlays, refurbishment or repairs, (ii) for maintenance, repairs, operations or similar
purposes, or (iii) for acquisition of right-of-way, easements or other land acquisitions which
may be necessary in connection with the Projects. Any costs associated with the Non-
Included Uses shall be solely the obligation of the Town.
C. Monthly Reports
. During the term of this Agreement, HAS will provide the Town with
monthly reports and records of the amount of the Private Contribution expended to date,
broken down by specific Project.
D. Contribution Deadline
. The term “Contribution Deadline” shall mean the date that is thirty
(30) months after the Effective Date of this Agreement. The term “Fully Approved Project”
shall mean any Project for which all of the following have been fully satisfied: (i) such Project
has been fully approved by the Town (including, without limitation, the Town’s approval of
plans and specifications for such Project, the Town’s approval of the contractor(s) for such
Project, the Town’s approval of construction contract(s) for such Project, and the Town’s
approval of commencement of construction for such Project), (ii) the Town has fully satisfied
all of its obligations set forth in Section 8.D., if any, with regard to such Project, and (iii) if
portions of such Project will be paid for with a Public Contribution, the Town has fully
funded such Public Contribution (including appropriation of such funds for such use and
adequate assurances to HAS that such funds are available as necessary to pay for completion
of construction of such Project). Notwithstanding anything to the contrary, regardless of
whether the full Maximum Obligation has actually been spent, as of the Contribution
Deadline: (x) HAS and its affiliates will be immediately relieved of any further obligations
under this Agreement or related to the Public Improvements other than obligations related to
the Projects which are Fully Approved Projects as of the Contribution Deadline, and (xx)
HAS and its affiliates shall have no further obligation to expend any additional funds or incur
any additional costs or liabilities except on those Projects which are Fully Approved Projects
as of the Contribution Deadline. This provision is intended to encourage the Town to proceed
with approval of plans and construction of the Projects in a timely manner on the dates set
forth in Section 4 below. Subject to the terms and conditions set forth in this Agreement,
following receipt of all necessary approvals of a Project by the Town and satisfaction of all
other applicable conditions, HAS will diligently pursue completion of construction of such
Project. The Town agrees and acknowledges that the Contribution Deadline will not be
delayed or extended for any reason, including, without limitation, as a result of Force Majeure
or as a result of delays caused by the Town’s provision of approvals for a Project or
determining whether the Town desires to move forward with design or construction of a
Project.
SECTION 3. PUBLIC CONTRIBUTION TO THE PUBLIC IMPROVEMENTS
A. Public Contribution. The Town understands and agrees that any cost related to the Public
Improvements over and above the amounts that HAS is required to contribute pursuant to this
Agreement will be at the Town’s sole cost and responsibility (the “Public Contribution”).
Accordingly, HAS’s obligation to proceed with contracting for or construction of any Project
shall be contingent on the Town providing adequate assurances to HAS that the funds for the
Public Contribution portion (if any) of the cost of such Project are available and have been
appropriated.
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B. Funding of the Public Contribution
. HAS and the Town understand and agree that it is their
intention that, to the extent possible, any Public Contribution to the Public Improvements will
be funded by the Town through an Economic Development Agreement between the Town
and HAS pursuant to the terms of Chapter 380 of the Texas Local Government Code, as such
may be amended from time to time.
SECTION 4. SCHEDULE
A. Design and Construction Schedule. HAS and the Town agree that each party shall have the
responsibilities assigned to such party for the respective Projects as set forth in Exhibit “B”
attached hereto. HAS and the Town agree that the schedule for approval and construction of
the Projects shall be as follows:
1. Project 1
. Project 1 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
4/30/2011
Completion of construction: 7/30/2011
2. Project 2
. Project 2 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
5/20/2011
Completion of construction: 8/23/2011
3. Project 3
. Project 3 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
7/30/2011
Completion of construction: 1/31/2012
4. Project 4
. Project 4 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
7/30/2011
Completion of construction: 1/31/2012
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5. Project 5
. Project 5 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
4/30/2012
Completion of construction: 9/30/2013
6. Project 6
. Project 6 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
4/30/2012
Completion of construction: 9/30/2013
7. Project 7
. Project 7 will be approved and constructed in accordance with the
following Milestone Deadlines and Completion Deadlines:
Milestone Events
Town approval of plans and specification,
contractor(s), construction contract and
commencement of construction:
Deadlines
4/30/2012
Completion of construction: 9/30/2013
B. Notwithstanding anything to the contrary, (a) HAS’s obligation to proceed with contracting
for or construction of any Project shall be contingent on the Town providing adequate
assurances to HAS that the funds for the Public Contribution portion (if any) of the cost of
such Project are available and have been appropriated for such use, (b) HAS will have no
obligation to commence the design process or any other work or spend any money on a
Project until the Town provides such assurances, and (c) any delay by the Town in providing
such assurances shall operate to extend the Completion Deadline for such Project on a day-
for-day basis, but will not operate to extend the Contribution Deadline.
SECTION 5. GENERAL REQUIREMENTS FOR THE PUBLIC IMPROVEMENTS
A. Completion Deadlines
B.
. Each deadline for completion of a Project set forth in Section 4 above
is referred to herein as the “Completion Deadline” for the applicable Project. The Completion
Deadlines set forth in Section 4 above shall be subject to Force Majeure. The Completion
Deadline for each Project is also dependent upon timely approvals by the Town for such
Project (i.e., if a Town approval is delayed beyond the deadline for such approval as set forth
in the table for such Project in Section 4 above, the Completion Deadline for such Project
shall also be automatically deemed extended on a day-for-day basis, but the Contribution
Deadline will not be extended).
Maintenance Security for Public Improvements. At the time of initial construction of each
Project, HAS shall obtain a maintenance bond provided by its general contractor that
guarantees maintenance of the public improvements included within such Project for a period
6
of not less than two (2) years following completion of construction and acceptance by the
Town of such public improvements (said acceptance not to be unreasonably withheld,
conditioned or delayed). The bond shall be in the amount of 100 percent of the costs of the
maintenance of such public improvements for this period as reasonably determined by HAS,
and the Town.
C. Security for Completion of the Public Improvements
D.
. HAS shall obtain a performance bond
from the general contractor to insure the completion of each Project, and either assign such
performance bond to the Town or cause the Town to be listed on such bond as a co-obligee.
The performance bond shall be in the amount of 100 percent of the funds estimated by HAS’s
Engineer to be necessary to pay for completion of such Project. Notwithstanding anything to
the contrary, HAS’s obligation to obtain a performance bond as set forth in this paragraph
shall be contingent on the Town providing adequate assurances to HAS that the Public
Contribution (if any) necessary to construct such Project is available and appropriated for
such use.
HAS Engineer
E.
. HAS must employ civil engineers licensed to practice in the State of Texas,
for the design and preparation of the plans and specifications for construction of each Project.
Contractor Approval
F.
. HAS shall employ construction contractors who are approved by the
Town in connection with construction of each Project. The contractors must meet the Town’s
regulatory standards and statutory requirements for being insured, licensed, and bonded to do
work on public streets and/or public projects, and to be qualified in all respects to bid on
public streets and upon public projects of similar nature, as the case may be.
Dedication of Property
SECTION 6. APPROVAL AND CONSTRUCTION PROCEDURES FOR THE PUBLIC
IMPROVEMENTS
. If required by the Town, any dedication to the Town of real property,
including right-of-way and easements, shall include a metes and bounds description. The
Town is financially and procedurally responsible for the acquisition of any and all additional
right of way needed for the construction of the Projects on property not owned by HW, and
neither HW nor HAS shall have any liability in connection therewith. Any delays related to
the Town’s acquisition of the right-of-way or easements needed for construction of the
Projects shall be considered Force Majeure and will operate to extend the Completion
Deadline for the applicable Project, but will not operate to extend the Contribution Deadline.
A. Engineering Standards
. The Public Improvements shall be constructed to the Town’s
engineering standards in place as of the Effective Date of this Agreement.
B. Design Team Task Force
. HAS and the Town agree to establish and participate in a design
team task force (“Task Force”) for the entire duration of the design and construction of the
Projects. The membership of the Task Force will consist of a maximum of six (6) members,
with an equal number of representatives being appointed by both HAS and the Town (i.e., if
there are 6 members of the Task Force, then 3 members will be appointed by HAS and 3
members will be appointed by the Town). The Task Force will review and approve the
design of the improvements to be included in each of the Projects subject to the schedule for
each Project set forth in Section 4 above.
7
C. Conditions Prior to Construction
. Prior to approving commencement of construction of each
Project, the Town shall be satisfied that the following conditions have been met with respect
to such Project:
1. All required plans and contract documents for such Project, if any, shall have been
completed and filed with the Town.
2. All contractors participating in the construction of such Project shall be presented
with a set of approved plans bearing the Town stamp of release. These plans for such
Project must remain on the job site at all times.
3. A complete list of the contractors for such Project, their representatives on the site,
and the telephone numbers where a responsible party may be reached at all times,
must be submitted to the Town.
4. HAS or the contractor for such Project must furnish to the Town an insurance policy
of general liability in the amount of $1,000,000 naming the Town as an additional
insured prior to the commencement of any work on such Project. Said insurance
policy shall remain in place until final acceptance by the Town of such Project (said
acceptance not to be unreasonably withheld, conditioned or delayed).
D. Fees
. Any and all applicable Town fees related to the Projects will be waived, including,
without limitation, review, inspection and permit fees. Said waiver of fees shall be considered
a grant under Chapter 380 of the Texas Local Government Code.
E. Inspections
. Construction of the Projects shall be subject to periodic inspections by the Town
or the Town’s designee. HAS shall be responsible for completing and/or correcting any of the
Projects completed by HAS which are not constructed in accordance with the Town’s
engineering standards and the plans and specifications approved by the Town for such
Project. Any change in design required during construction shall be reviewed and approved
by the Town (said approval not to be unreasonably withheld, conditioned or delayed).
SECTION 7. DEDICATION FOR THE SCHOOL’S NEW NORTHERN ENTRANCE
A. Dedication/Exchange of Right-of-Way for Northern Entrance. Project 2 includes the
construction of a northern point of ingress/egress for the Westlake Academy campus, as more
particularly described and/or depicted on Exhibits “C” and “D”
attached hereto (the
“Northern Entrance”). HW agrees that HW will dedicate to the Town that certain real
property for the portion of the Northern Entrance, if any, that is to be constructed over
property currently owned by HW, up to a maximum of _______ acres (the “Northern
Entrance Dedication”). As exchange consideration for HW’s Northern Entrance Dedication,
and simultaneously with HW’s conveyance of the Northern Entrance Dedication to the Town
pursuant to Section 7.B. below, the Town will convey to HW real property having a value
equal to HW’s basis in the land included in the Northern Entrance Dedication, with the exact
location of such real property to be mutually agreed upon by the Town and HW.
B. Timing for Dedication of the Northern Entrance. The Northern Entrance Dedication will take
place via a separate dedication deed within thirty (30) days after Projects 1, 2, 3 and 4 have
become Fully Approved Projects by the Town.
8
SECTION 8. OTHER OBLIGATIONS
A. Limitation on HW and HAS Obligations for Dove Road and Ottinger Road. Notwithstanding
anything to the contrary, as consideration for the agreements and obligations of HW and HAS
set forth in this Agreement, the Town agrees and acknowledges that, other than the
obligations specifically set forth in this Agreement, in no event shall HW, HAS or any of their
respective affiliates, successors or assigns at any time have any obligation with regard to the
portions of Dove Road and Ottinger Road shown on Exhibit “C”
attached hereto, including,
without limitation, any obligation to acquire or negotiate for additional easement or right-of-
way property, dedicate land, relocate utilities, construct improvements or repair or maintain
such portions of Dove Road and Ottinger Road, to pay impact or other fees or to make other
payments related to such portions of Dove Road and Ottinger Road. The limitations in this
section apply only to the specific Projects defined herein and do not in any way prohibit the
Town from utilizing its constitutional and statutory powers at any time in the future for public
purpose beyond the scope of this Agreement.
B. Limitation on HW and HAS Dedication Requirements. The Town hereby agrees and
acknowledges that HW, HAS and their affiliates, successors and assigns have previously
dedicated all necessary right-of-way or other land for the Public Improvements and for the
portions of Dove Road and Ottinger Road shown on Exhibit “C” attached hereto, except for
(1) the Northern Entrance Dedication, and (2) up to a maximum of _____ acres of additional
right-of-way, if necessary, to accommodate the construction of Project 1 along Ottinger Road,
as depicted on Exhibit “C”
attached hereto, and that no additional right-of-way, easements or
other land will be required from HW, HAS or their affiliates, successors or assigns with
regard to the Public Improvements. The limitations in this section apply only to the specific
Projects defined herein and do not in any way prohibit the Town from utilizing its
constitutional and statutory powers at any time in the future for public purpose beyond the
scope of this Agreement.
C. Limitation on DCLI Obligations
.
1. Projects; Dove Road; Ottinger Road. Notwithstanding anything to the contrary, the
Town agrees and acknowledges that in no event shall the owner of the DCLI Property
at any time have any obligation to the Town to in any way fund improvements to the
Projects, including, without limitation, any obligation to dedicate land, construct
improvements or repair or maintain the Projects, nor to pay impact or other fees or to
make other payments related to the Projects. The Town further agrees and
acknowledges that, provided that the use of the DCLI Property remains consistent in
all material respects with the current uses contemplated by current approvals allowed
in the Town’s zoning district PD 3-12 as approved by Ordinance 591, and the related
approved Site Plan (collectively, the “Current Approvals”), then in no event shall the
owner of the DCLI Property at any time have any obligation to make future
improvements to Dove Road or Ottinger Road, or in any way fund future
improvements to Dove Road or Ottinger Road, including without limitation, any
obligation to dedicate land, construct improvements or repair or maintain Dove Road
or Ottinger Road, nor to pay impact or any other fees or to make other payments
related to Dove Road or Ottinger Road. The preceding sentence does not limit the
Town’s right to utilize its constitutional and statutory powers at any time in the future
in which the owner of the DCLI Property creates a material amount of additional
9
service traffic (beyond the amount of service traffic contemplated by the DCLI
Property’s Current Approvals) along Dove Road or Ottinger Road (excluding, for
example, the owner of the DCLI Property’s construction of additional guest rooms
allowed by the Current Approvals that does not materially increase service traffic
along Dove Road or Ottinger Road).
2. Westerly Road; Permitting
. DCLI, its affiliates or any other third parties shall have
no obligation to the Town to improve, construct or pay for the construction of any
portion of the Westerly Road (as defined in the 2008 Development Agreement).
Further, the Town agrees to amend any existing agreements between the Town and
DCLI, its affiliates or any other third parties to delete any such obligations with
regard to the Westerly Road (as defined in the 2008 Development Agreement),
including, without limitation, plats and site plans. Further, the Town agrees that the
incomplete nature of the Projects shall not in any way delay or otherwise affect the
Town’s issuance of permits, approvals and/or certificates of occupancy with respect
to the corporate training and learning center being constructed on the DCLI Property.
D. Specific Town Obligations Related to the Public Improvements
. The Town must, at the
Town’s sole expense:
1. except as set forth in Section 8.B. above, acquire any and all additional right-of-way
necessary to construct each Project in a timely manner that does not delay
construction of such Project.
2. relocate any and all utilities (including both those owned by the Town and those
owned by private utility companies) as necessary to construct each Project in a timely
manner that does not delay construction of such Project.
3. pay for any and all costs related to the Public Improvements in excess of the amounts
required to be expended by HAS under this Agreement.
HW, HAS and their respective affiliates, successors and assigns shall have no obligation to
pay for any of the items set forth in this Section 8.D., and to the extent that HAS agrees, in its
sole discretion to pay for any of the items set forth in this Section 8.D., such amounts shall be
credited against the Maximum Obligation. Notwithstanding anything to the contrary, (a)
HAS’s obligation to proceed with contracting for or construction of any Project shall be
contingent on the Town first fully satisfying all of its obligations set forth in this Section 8.D.,
if any, with regard to such Project, (b) HAS will have no obligation to commence the design
process or any other work or spend any money on a Project until the Town satisfies such
obligations, and (c) any delay by the Town in satisfying such obligations shall operate to
extend the Completion Deadline for such Project on a day-for-day basis, but will not operate
to extend the Contribution Deadline.
E. Termination and Release of 2008 Development Agreement. Notwithstanding anything to the
contrary, upon execution of this Agreement by the Parties, (x) this Agreement shall wholly
replace the 2008 Development Agreement, (xx) the 2008 Development Agreement is hereby
terminated in its entirety and shall be void and of no further force or effect, and (xxx) the
parties to the 2008 Development Agreement and their successors and assigns, are hereby
released from, and shall have no further rights or obligations under, the 2008 Development
Agreement, including, without limitation, all obligations related to the Westerly Road (as
defined in the 2008 Development Agreement).
10
SECTION 9. GENERAL PROVISIONS
A. Assignment
. This Agreement, any part thereof, or any interest herein shall not be assigned by
HAS without the express written consent of the Town which may not be unreasonably
withheld.
B. Default Remedies – HAS
. If HAS fails to construct the HAS Improvements pursuant to the
terms and conditions of this Agreement, then upon a failure of HAS to cure a default within
thirty (30) days following HAS’s receipt of a written notice from the Town specifying such
default, the Town, as its sole and exclusive remedies, may:
1. Declare this Agreement to be in default and require specific performance of HAS’s
obligations set forth herein; or
2. Obtain funds under the security and complete the Public Improvements itself or
through a third party, provided that HAS will be given first opportunity by the Town
to provide such remedy. Prior to drawing on the security, the Town shall provide
HAS with notice and give HAS a reasonable opportunity to cure.
3. Notwithstanding anything to the contrary, in no event may the Town terminate this
Agreement upon a default by HAS or otherwise.
C. Waiver
. No covenant or condition of this Agreement may be waived without consent of the
parties to which the covenant or conditions benefit. Forbearance or indulgence by any party
shall not constitute a waiver of any covenant or condition to be performed pursuant to this
Agreement.
D. Independent Contractor Status
. HAS covenants that it is an independent contractor and not an
officer, agent, servant or employee of the Town; that HAS shall have exclusive control of the
details of the work performed by HAS hereunder and all persons performing same, and shall
be responsible for the acts and omissions of HAS’s officers, agents, employees, contractors,
subcontractors and consultants; that the doctrine of respondent superior shall not apply as
between the Town, HAS, and HAS’s officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between the Town, HW or HAS.
E. General Indemnity Provisions. HAS shall waive all claims, fully release, indemnify,
defend and hold harmless the Town and all of its officials, officers, agents, consultants,
employees and invitees in both their public and private capacities (collectively, the
“Town Parties”) from any and all liability, claims, suits, demands or causes of action,
including all expenses of litigation, court costs and attorneys’ fees, which may arise by
injury to or death of any person or damage to any property or person to the extent
caused by the negligent acts of HAS, its officers, agents, consultants, employees or
invitees (collectively, the “HAS Parties”) arising out of or in connection with this
Agreement. Such indemnification shall not apply to any claim, loss, damage cause of
action, suit or liability that arises more than two years after the completion of
construction of the applicable Project. Notwithstanding anything to the contrary,
nothing contained in this Agreement shall waive the Town’s defenses or immunities
11
under Section 101.001 et seq. of the Texas Civil Practice and Remedies Code or other
applicable statutory or common law.
F. Responsibility for Design Defects
. Approval of the Town Engineer or other Town
employee, official, consultant, employee, or officer of any plans, designs or
specifications submitted by HAS under this Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of HAS, its engineer,
contractors, employees, officers, or agents for the accuracy and competency of their
design and specifications. Such approval shall not be deemed to be an assumption of
such responsibility or liability by the Town for any defect in the design and
specifications prepared by the consulting engineer, his officers, agents, servants, or
employees, it being the intent of the parties that approval by the Town Engineer or
other Town employee, official, consultant, or officer signifies the Town approval of only
the general design concept of the improvements to be constructed.
G. Venue
. Venue of any action brought hereunder shall be in Tarrant County, Texas.
H. Tax Exemptions
. The Town is an exempt organization under Section 151.309 of the Texas
Tax Code, and if any of the HAS Improvements are dedicated to the Town under this
Agreement, such improvements will be dedicated to public use and accepted by the Town
subject to the terms of this Agreement.
I. Notices
. Any notices given or required to be given pursuant to this Agreement shall be sent
by regular U.S. mail or certified mail, return receipt requested, to the following:
TO THE TOWN
:
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
Attn: Town Manager
with copy to:
Boyle and Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
Attn: L. Stanton Lowry
TO HW
:
HW 2421 Land, LP and Hillwood 164 Land, LP
c/o Hillwood Development Company, LLC
13600 Heritage Parkway, Suite 200
Fort Worth, TX 76177
Attention: Russell Laughlin
12
with copy to:
Hillwood Development Company, LLC
13600 Heritage Parkway, Suite 200
Fort Worth, TX 76177
Attention: Don Reid
with copy to:
Kelly Hart & Hallman LLP
201 Main Street, Suite 2500
Fort Worth, TX 76102
Attention: Chad Key
TO HAS
:
Hillwood Alliance Services, LLC
c/o Hillwood Development Company, LLC
13600 Heritage Parkway, Suite 200
Fort Worth, TX 76177
Attention: Russell Laughlin
with copy to:
Hillwood Development Company, LLC
13600 Heritage Parkway, Suite 200
Fort Worth, TX 76177
Attention: Don Reid
with copy to:
Kelly Hart & Hallman LLP
201 Main Street, Suite 2500
Fort Worth, TX 76102
Attention: Chad Key
TO THE OWNER OF THE DCLI PROPERTY
:
DCLI LLC
c/o Deloitte LLP
1633 Broadway
New York, NY 10019
Attn: Matt Ross
with copy to:
DCLI LLC
c/o Deloitte LLP
120 South Sixth Street, Suite 400
13
Minneapolis, MN 55402-1844
Attn: Jon Eisele
with copy to:
Vinson & Elkins LLP
2001 Ross Avenue, Suite 3700
Dallas, TX 75201
Attn: Paul A. Martin
Reference: C/M DEL255/16000
J. Third Party Beneficiaries
. For purposes of this Agreement, including its intended operation
and effect, the parties specifically agree that (1) this Agreement only affects matters/disputes
between the parties to this Agreement, and is in no way intended by the parties to benefit or
otherwise affect any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with the Town, HW or HAS or all of them; and
(2) the terms of this Agreement are not intended to release, either by contract or operation of
law, any third person or entity from obligations owing by them to any party. Notwithstanding
the foregoing or anything else to the contrary, the owner of the DCLI Property shall be a third
party beneficiary exclusively with regard to Sections 8.C. and 9.B.3. of this Agreement.
K. Several Obligations
. Notwithstanding anything to the contrary contained herein, this
Agreement is not intended to create a relationship (contractual or otherwise) between HAS
and HW, but rather only between each of HAS and the Town and HW and the Town. The
Town agrees not to hold HW liable or in default of its obligations hereunder for any failure of
HAS to perform its obligations hereunder; and further agrees not to hold HAS liable or in
default of its obligations hereunder for any failure of HW to perform its obligations
hereunder.
L. Authority to Act
. The parties each represent and warrant that the signatories on this
Agreement are authorized to execute this Agreement and bind his/her principals to the terms
and provisions hereof. Each party warrants that any action required to be taken in order for
this Agreement to be binding on it has been duly and properly taken prior to the execution of
this Agreement.
[Signatures on following pages]
EXECUTED TO BE EFFECTIVE as of the Effective Date.
HW 2421 Land, LP,
a Texas limited partnership
By: HW 2421 Land GP, LLC,
a Texas limited liability company,
its general partner
By: _____________________________________
Name: ___________________________________
Title: ____________________________________
THE STATE OF TEXAS §
§
COUNTY OF ________________ §
The foregoing instrument was acknowledged before me on ______________, 2011, by
_______________________, __________________________ of HW 2421 Land GP, LLC, a Texas limited
liability company, general partner of HW 2421 Land, LP, a Texas limited partnership, on behalf of said limited
partnership.
Notary Public, State of Texas
HW 164 Land, LP,
a Texas limited partnership
By: HW 2421 Land GP, LLC,
a Texas limited liability company,
its general partner
By: _____________________________________
Name: ___________________________________
Title: ____________________________________
THE STATE OF TEXAS §
§
COUNTY OF ________________ §
The foregoing instrument was acknowledged before me on ______________, 2011, by
_______________________, __________________________ of HW 2421 Land GP, LLC, a Texas limited
liability company, general partner of HW 164 Land, LP, a Texas limited partnership, on behalf of said limited
partnership.
Notary Public, State of Texas
HILLWOOD ALLIANCE SERVICES, LLC,
a Texas limited liability company
By:
Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF ________________ §
The foregoing instrument was acknowledged before me on ______________, 2011, by
_______________________, __________________________ of Hillwood Alliance Services, LLC, a Texas
limited liability company, on behalf of said limited liability company.
Notary Public, State of Texas
TOWN OF WESTLAKE, TEXAS
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
FORM APPROVED BY:
L. Stanton Lowry, Town Attorney
THE STATE OF TEXAS §
§
COUNTY OF ________________ §
The foregoing instrument was acknowledged before me on ______________, 2011, by
_______________________, Mayor of the Town of Westlake, on behalf of the Town.
Notary Public, State of Texas
JOINDER
DCLI LLC, a Delaware limited liability company, as express third-party beneficiary to Sections 5.D. and 7.C.3.
of the 2008 Development Agreement and Sections 8.C. and 9.B.3. of this Agreement, hereby joins in the
execution of this Agreement to evidence its approval of the terms of this Agreement, including the termination
of the 2008 Development Agreement. All of the parties to this Agreement acknowledge and agree that
Sections 8.C. and 9.B.3. of this Agreement may not be amended, terminated or altered in any way without the
express written approval of the owner of the DCLI Property.
DCLI LLC, a Delaware limited liability
company
By:
Name:
Title:
Exhibit “A”
[to be attached]
Description of the HW Property
Exhibit “B”
[to be attached]
Description of the DCLI Property
Exhibit “C”
[to be attached]
Depiction of the Location of Projects 1-7
Exhibit “D”
[to be attached]
Summary of Obligations, Responsibilities and Schedule for Projects 1-7
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: April 25, 2011
Staff Contact: Tom Brymer, Town Manager Discussion/Regular
Subject: Discussion of Town Communication Efforts and Resources
EXECUTIVE SUMMARY
The Town’s current Strategic Plan contains a list of its Community Values and one of these is “engaged
citizens”. Under the Plan’s Vision Point Two- Leadership, one of the Key Result Areas (KRA) identified
is to pursue “citizen engagement and communication”. Under this KRA, there are a number of Outcome
Strategies including developing an overall communication plan for Town residents and businesses. To
date this has not occurred.
Westlake Academy’s current Strategic Plan has as one of its core values Community Involvement and
Support. The Academy’s Strategic Plan also has as one of its five (5) Desired Outcomes “Strong Parent
and Community Connections”. Under this particular Desired Outcome are a number of Specific
Outcomes related to maintaining and improving communication between the school and its stakeholders,
including the developing of a communication plan.
At one time, the Town had in place a Director of Communications position funded and filled (part of
2003 through a portion of 2006). This position was responsible for coordinating the Town’s and
Academy’s communication efforts to our internal and external audiences/stakeholders, as well as, serve as
Executive Director for the Westlake Academy Foundation. This Communication Director position was
deleted in FY 05-06. Since that time, the Town’s (including Westlake Academy’s) communication
efforts have been divided between a number of Town employees as well as supplemented by a $50,000
contract with an outside public relations/marketing firm. Staff has worked hard to improve our
communications efforts using low cost venues including email blasts, our web site, electronic newletters
(the Westlake Wire newsletter was started in 2008), regular neighborhood meetings, secondary boundary
parent meetings and the electronic WA Communiqué (sent biweekly).
This decentralized approach has produced some successes, including Westlake being a 2009 recipient of
the Texas Municipal League’s Management Innovations Award for our multi-faceted, low cost citizen
engagement program- Westlake Windows: TGIF (Transparent Government in Focus). Also, according to
the Town’s 2010 DirectionFinder Survey, this approach achieved success regarding our communications
efforts from a citizen view of effectiveness in the 75th
percentile (higher communities we were
benchmarked with). However, the 2010 DirectionFinder Survey also showed a decrease in customer
service satisfaction from 2009, so it does not appear that our ability to communicate is positively
impacting customer satisfaction if this is found to be the reason. The Academy’s 2010 Parent Survey also
shows communication to be an area of desired improvement by the WA parent body.
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
Portions of this effort could be funded by monies now used with our marketing/PR firm. Some
additional funds will be needed. Possible funding sources will be presented at the meeting.
Recommend establishing a full time Director of Communications position effective July 1, 2011.
This position would develop and coordinate many of our existing communication functions that
were previously centralized when the Town had such a position. This position would also be
responsible for developing new communication tactics and strategies for the future. These
efforts can include further outreach to strengthen and grow partnerships with residents and
parents, corporate neighbors, as well as other regional partners.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
The current decentralized
arrangement is not sustainable over the long-term, nor does it allow us any capacity for
improving and/or expanding our communication efforts as well as meet communication needs
that are presently unmet
.
None
ATTACHMENTS
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: April 25, 2011
Staff Contact: Tom Brymer, Town Manager Discussion
Subject: Discussion of 2011 DirectionFinders Citizens’ Survey Instrument
This will be the third year that we have conducted our DirectionFinders citizen survey. This
survey provides valuable information related to service level quality used by staff to establish
metrics to measure our service delivery effectiveness. Additionally, this survey has been used to
gauge community perspective on important community issues, i.e. in the past it was used to gain
input on aspects of service priority and willingness to pay for services. For the 2011 survey,
staff has compiled a draft survey instrument for Town Council input that a.) continues to survey
our service quality level (and help build a comparative data base on those metrics over time) and
b.) since revision of the Comprehensive Plan is a Council strategic priority, questions have been
included to garner citizen input that should assist the Council and staff as we review the
Comprehensive Plan and the direction it takes.
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
Funding is budgeted in the Visitors (Hotel/Motel) Fund for ETC Institute of Olathe, KS to
conduct this survey for us (note
: ETC has conducted this survey for Westlake the previous 2
years (DirectionFinders is their trademarked survey instrument).
Review and provide feedback and input to staff on the draft survey instrument. It is planned to
conduct this survey in April-May so as to have survey results available for budget preparation
and discussions.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1. Memo dated 4-19-11 from Management Intern Scott Dixon regarding draft survey
instrument.
ATTACHMENTS
2. Draft 2011 DirectionFinders survey instrument.
3. Copy of 2010 DirectionFinders survey compared to 2009 survey.
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MEMORANDUM
Date: April 19, 2011
TO: Honorable Mayor and Town Council
FROM: Scott Dixon, Management Intern
SUBJECT: 2011 DirectionFinders Survey Instrument
There are two attachments in the Council’s packet that pertain to the DirectionFinders
survey. The first is a draft copy of the survey instrument that is planned for this year. The
title of this document is “Town of Westlake – Comprehensive Planning Survey.” The
second attachment is a compilation of the previous survey instruments and is titled,
“DirectionFinder Survey Instruments 2009/2010 Compilation.”
Please note that as in previous years, the current survey instrument includes many
questions that are new to the survey instrument. The purpose of this survey is to gauge the
relative importance assigned by Westlake’s citizens to various aspects of our community’s
values and attributes. This feedback will help guide Council and staff in our comprehensive
and strategic planning efforts. Legacy questions (questions repeated from the 2010 survey)
are highlighted in green. There are also three questions in red font. These questions are
currently being considered for removal from the survey.
For your convenience, the second attachment has also been color-coded to identify
which questions have been repeated and which have not. The questions highlighted in
yellow were new to the survey in 2010, the questions in black were legacy questions and the
final two pages of the document contain questions in red font which were originally asked in
2009 but have been left out of subsequent surveys.
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__ Town of Westlake – 2011 DirectionFinders Survey DRAFT
Section I: Town Services
1. Satisfaction with Major Types of Services Provided By the Town. Using a scale of 1 to 5 where “5” means
“very satisfied” and “1” means “very dissatisfied,” please rate your satisfaction with the following services
provided by the Town of Westlake:
How Satisfied are you with:
Very
Satisfied Satisfied Neutral
Dissatisfied
Very
Dissatisfied
Don’t
Know
Major Types of Services:
A.
Quality of public safety services
(police, fire, emergency medical,
and municipal court) in the Town
Westlake
5 4 3 2 1 9
B.
Overall efforts by Westlake to
ensure the community is prepared
for emergencies
5 4 3 2 1 9
C. Overall maintenance of Town
streets 5 4 3 2 1 9
D.
Overall effectiveness of
communication by the Town of
Westlake
5 4 3 2 1 9
E. Overall quality of water utility
services 5 4 3 2 1 9
F. Overall quality of wastewater (or
sanitary sewer) utility services 5 4 3 2 1 9
G.
Quality of parks, trails, and
recreation programs and facilities
in Westlake
5 4 3 2 1 9
H. Overall quality of customer service
provided by the Town of Westlake 5 4 3 2 1 9
I. Overall efforts by the Town to
manage storm water run-off 5 4 3 2 1 9
J. Westlake Academy 5 4 3 2 1 9
2. Which THREE of the services listed above are most important to you? [Write in the letters below using the
letters from the list in Question 1 above].
1st:____ 2nd:____ 3rd:____
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3. Satisfaction with Specific Types of Services Provided By the Town. Using a scale of 1 to 5, where “5”
means “very satisfied” and “1” means “very dissatisfied,” please rate your satisfaction with each of the
following:
How Satisfied are you with:
Very
Satisfied Satisfied Neutral
Dissatisfied
Very
Dissatisfied
Don’t
Know
Police Services
A. Overall quality of local police
protection 5 4 3 2 1 9
B. Visibility of police in
neighborhoods 5 4 3 2 1 9
C. How quickly police respond to
emergencies 5 4 3 2 1 9
D. Efforts by the Town to prevent
crime 5 4 3 2 1 9
E. Level of traffic enforcement 5 4 3 2 1 9
F. Municipal Court services 5 4 3 2 1 9
Fire and Medical Services
G. Overall quality of fire services 5 4 3 2 1 9
H. Overall quality of emergency
medical services 5 4 3 2 1 9
I. How quickly fire and emergency
medical services personnel respond 5 4 3 2 1 9
Maintenance Services
J. Condition of major streets in
Westlake 5 4 3 2 1 9
K. Overall condition of streets in your
neighborhood 5 4 3 2 1 9
L. Cleanliness of streets/other public
areas 5 4 3 2 1 9
Parks and Recreation Services
M. Maintenance of the Town park 5 4 3 2 1 9
N. Number of parks in your
community 5 4 3 2 1 9
O. Number of walking/biking trails 5 4 3 2 1 9
P.
Quality of outdoor athletic fields
available to the Westlake
community
5 4 3 2 1 9
Utility Services
Q. Residential trash collection services 5 4 3 2 1 9
R. Curbside recycling services 5 4 3 2 1 9
S. Yard waste collection services 5 4 3 2 1 9
T.
Bulky item pick up/removal
services (old furniture, appliances.
etc.)
5 4 3 2 1 9
U.
Town efforts to promote water
conservation and protect water
resources
5 4 3 2 1 9
V. Household hazardous waste
disposal service (for oil, paint, etc) 5 4 3 2 1 9
Zoning & Enforcement
W. Enforcing the cleanup of junk and
debris on private property in your 5 4 3 2 1 9
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community
X. Enforcing the mowing and cutting of
weeds and grass on private property 5 4 3 2 1 9
Y. Enforcing the exterior maintenance
of residential property 5 4 3 2 1 9
Z. Enforcing sign regulations 5 4 3 2 1 9
AA.
Enforcement of yard parking
regulations for things such as boats
and RVs in your neighborhood
5 4 3 2 1 9
Communication/Citizen Engagement
AB. Availability of information about
Town services and activities 5 4 3 2 1 9
AC. Timeliness of information provided
by the Town of Westlake 5 4 3 2 1 9
AD.
Efforts by the Town of Westlake to
keep you informed about local
issues
5 4 3 2 1 9
AE. The level of public involvement in
local decisions
AF. Usefulness of the Town newsletter 5 4 3 2 1 9
AG The Town of Westlake’s website 5 4 3 2 1 9
Section II: Community Values & Attributes
4. Please rate your satisfaction with each item on a scale of 1 to 5 where “5” means “very satisfied” and “1”
means “very dissatisfied.”
Very Very Don’t
How satisfied are you with: Satisfied Satisfied Neutral Dissatisfied Dissatisfied Know
(A) General appearance of your neighborhood . 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(B) General appearance of businesses ............... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(C) General appearance of streetscaping
and open spaces ...................................... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(D) Overall condition of Town streets ............... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(E) Overall condition of sidewalks .................... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(F) Overall enforcement of maintenance codes 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(G) Overall enforcement of zoning laws ........... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(H) Overall appearance of trails ......................... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(I) Access to parks and open space .................. 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
(J) Overall flow of traffic and congestion
management in the Town ........................ 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9
5. Using a scale from 1 to 5 where "5" is "Very Important" and "1" is "Very Unimportant," please
indicate how important each of the following reasons were in your decision to live in Westlake?
Very Somewhat Not Somewhat Very
Important Important Sure Unimportant Unimportant
(A) Sense of community .................................. 5 ................... 4 ............... 3 .................. 2 .................. 1
(B) Quality of life ............................................ 5 ................... 4 ............... 3 .................. 2 .................. 1
(C) Westlake Academy .................................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(D) Low crime rate/quality of public safety .... 5 ................... 4 ............... 3 .................. 2 .................. 1
(E) Employment opportunities in Westlake ... 5 ................... 4 ............... 3 .................. 2 .................. 1
(F) Close to jobs in other cities ....................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(G) Access to highways ................................... 5 ................... 4 ............... 3 .................. 2 .................. 1
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(H) Quality of housing options/developments . 5 ................... 4 ............... 3 .................. 2 .................. 1
(I) Retirement ................................................. 5 ................... 4 ............... 3 .................. 2 .................. 1
(J) Number of parks & trails ........................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(K) Access to quality shopping ........................ 5 ................... 4 ............... 3 .................. 2 .................. 1
6. Using the list above, which THREE ITEMS would be the most important reasons you would stay in
Westlake for the next 10 years?
_____ _____ _____
1st 2nd 3rd
7. Using a scale from 1 to 5 where "5" is "Very Important" and "1" is "Very Unimportant," please
indicate how important each of the following attributes are in determining your level of satisfaction
with the Town of Westlake.
Very Somewhat Not Somewhat Very
Important Important Sure Unimportant Unimportant
(A) Public access trails ..................................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(B) Public access parks/open spaces ................ 5 ................... 4 ............... 3 .................. 2 .................. 1
(C) Westlake Academy .................................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(D) Dedicated bike lanes on residential streets 5 ................... 4 ............... 3 .................. 2 .................. 1
(E) Decoration Day ......................................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(F) Christmas Tree Lighting ........................... 5 ................... 4 ............... 3 .................. 2 .................. 1
(G) Arbor Days ................................................ 5 ................... 4 ............... 3 .................. 2 .................. 1
(H) Master Works Series ................................. 5 ................... 4 ............... 3 .................. 2 .................. 1
(I) Rural-like community atmosphere ........... 5 ................... 4 ............... 3 .................. 2 .................. 1
(J) Municipally-owned Fire/EMS service ...... 5 ................... 4 ............... 3 .................. 2 .................. 1
(K) Low-density (large lot) housing ................ 5 ................... 4 ............... 3 .................. 2 .................. 1
8. Please answer the following Yes/No questions regarding your level of activity/awareness about
community resources and events.
a. Have you or anyone in your household participated in Decoration
Day in the past 12 months? ................................................................................. YES NO
b. Have you or anyone in your household participated in the Master
Works series events in the past 12 months? ....................................................... YES NO c. Have you or anyone in your household participated in the Arbor Day
event in the past 12 months? ................................................................................ YES NO
d. Have you or anyone in your household participated in the Christmas Tree
Lighting event in the past 12 months? ................................................................ YES NO
e. Have you or anyone in your household utilized the public access park and/or
trails in the past 12 months? .............................................................................. YES NO
f. Are you aware that the Town of Westlake owns and operates a public
cemetery? .......................................................................................................... YES NO
g. Are you interested in learning more about the Westlake cemetery?....................... YES NO
9. The Town needs your input on guidelines as growth continues in the Town. Using a scale of
1 to 5 where “5” means “Strongly Agree” and “1” means “Strongly Disagree,” please
indicate your level of agreement with each of the following statements
Strongly Strongly
Agree Agree Neutral Disagree Disagree
(A) I would like to be able to walk or bike to a
neighborhood center with services such as a
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bakery, café, grocery store. ............................... 5 ............ 4 ............... 3 ............... 2 ............... 1
(B) Future residential subdivisions in Westlake should
offer a variety of housing choices with
respect to price ................................................... 5 ............ 4 ............... 3 ............... 2 ............... 1
(C) The quality of life in Westlake has steadily
Improved ............................................. .............. 5 ............ 4 .............. 3 ................ 2 ............... 1
(D) I would prefer streets that have a more rural feel
e.g. asphalt paving without curbs and gutters .... 5 ............ 4 .............. 3 ................ 2 ............... 1
(E) Westlake should utilize “roundabout” intersections
along Dove to improve traffic flow ..... .............. 5 ............ 4 .............. 3 ................ 2 ............... 1
10. Using a scale of 1 to 5 where “5” means “Strongly Agree” and “1” means “Strongly Disagree,”
please indicate your level of agreement with each of the following statements
Strongly Strongly
Agree Agree Neutral Disagree Disagree
(A) New business developments should have higher design
standards than existing developments ...................... 5 ............ 4 ............... 3 ............ 2 ............ 1
(B) Westlake should focus on attracting large retail
businesses ................................................................. 5 ............ 4 ............... 3 ............ 2 ............ 1
(C) There is enough open space (either public parks or
private open space) in developed parts of Westlake 5 ............ 4 ............... 3 ............ 2 ............ 1
(D) The Town of Westlake needs more commercial and
industrial businesses ................................................. 5 ............ 4 ............... 3 ............ 2 ............ 1
(E) Westlake’s development standards are appropriate
and effective ............................................................. 5 ............ 4 ............... 3 ............ 2 ............ 1
(F) Westlake should continue to encourage similar
residential lot sizes and housing variety as
currently exist ........................................................... 5 ............ 4 ............... 3 ............ 2 ............ 1
11. Think about the business developments in Westlake. Using a 5-point scale, where "5" means Like very much and "1" means Dislike very much, please rate the following: Neither
Like Like or Dislike Don’t
How much do you like the following: Very Much Like Dislike Dislike Very Much Know (A) Layout of buildings ...................................... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (B) Building materials (brick & masonry) ......... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (C) Architectural features (design) ..................... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (D) Landscaping ................................................ 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (E) Traffic circulation ......................................... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (F) Public access to trails/open spaces ............... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9
12. Where do you typically purchase the following types of products?
Usually Usually Usually Usually Usually Buy in Buy in Buy in Buy in Buy in Keller Trophy Club Roanoke Southlake Other
(A) Groceries/household goods ............ 5 ............... 4 .................. 3 ............... 2 ................ 1
(B) Restaurants ...................................... 5 ............... 4 .................. 3 ............... 2 ................ 1
(C) Clothing ........................................... 5 ............... 4 .................. 3 ............... 2 ................ 1
(D) Books/music .................................... 5 ............... 4 .................. 3 ............... 2 ................ 1
(E) Sporting Goods ................................ 5 ............... 4 .................. 3 ............... 2 ................ 1
(F) Furniture .......................................... 5 ............... 4 .................. 3 ............... 2 ................ 1
(G) Appliances/electronics ................... 5 ............... 4 .................. 3 ............... 2 ................ 1
(H) Entertainment ................................. 5 ............... 4 .................. 3 ............... 2 ................ 1
(I) Guest hotel accommodations ......... 5 ............... 4 .................. 3 ............... 2 ................ 1
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13. Using a 5-point scale, where "5" means strongly agree and "1" means strongly disagree, how much do you agree that the Town of Westlake should pursue the following development activities? Neither
Strongly Agree nor Strongly
Agree Agree Disagree Disagree Disagree (A) Having the Town require future developments provide neighborhood infrastructure such as parks/trails and street improvements ........................ 5 ............ 4 ............... 3 ............ 2 ............ 1 (B) Attracting restaurants (not fast food) .......................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (C) Attracting “upscale” retail ........................................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (D) Providing incentives for commercial development ..... 5 ............ 4 ............... 3 ............ 2 ............ 1 (E) Providing incentives for industrial development ........ 5 ............ 4 ............... 3 ............ 2 ............ 1
14. Do you think that Westlake should take a pro-growth, directed growth or no growth position? ___ (1) Pro-growth, which is where growth is strongly encouraged with minimal regulation
___ (2) Directed growth is growth that is encouraged with regulatory oversight
___ (3) Growth discouraged.
15. Using a 5-point scale, where "5" means strongly agree and "1" means strongly disagree, please indicate your level of agreement with the following statements about various types of development that could be pursued by the Town of Westlake:
Neither Strongly Agree or Strongly Agree Agree Disagree Disagree Disagree (A) Westlake should emphasize the preservation of open spaces and scenic views/landscapes as it continues to develop. ................................................ 5 ............ 4 ............... 3 ............ 2 ............ 1
(B) Housing density should be increased for more compact development in the Town .......................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (C) Westlake should invest more resources in improving older areas. ............................................................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (D) A permanent fire station should be built within the next 10 years. ............................................................ 5 ............ 4 ............... 3 ............ 2 ............ 1 (E) Walking/Biking trails should be extended to provide connectivity to all communities in Westlake ........... 5 ............ 4 ............... 3 ............ 2 ............ 1
Section V: Communication and Demographics
16. How many years have you lived in Westlake?
___(1) less than 1 year
___(2) 2-5 years
___(3) 6-10 years
___(4) 11-20 years
___(5) more than 20 years
17. What is your age? _____ years
18. Do any children in grades K-12 currently live in your home?
___(1) Yes – answer #15a ___(2) No
18a. IF YES to #15: Do any of these children currently attend Westlake Academy?
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___(1) Yes ___(2) No – answer 14b
18b. IF NO to #15a: Did any of these children previously attend Westlake Academy?
___(1) Yes – answer 15c ___(2) No
15c. Are you considering re-enrolling them at Westlake Academy?
___(1) Yes ___(2) No
19. How many years have you lived in Westlake?
___(1) less than 1 year
___(2) 2-5 years
___(3) 6-10 years
___(4) 11-20 years
___(5) more than 20 years
20. In which subdivision do you live?
___(1) Stagecoach Hills
___(2) Vaquero
___(3) Wyck Hill
___(4) Glenwyck Farms
___(5) Mahotea Boone
___(6) Other: ___________________
The Town of Westlake Thanks You for Your Time - This Concludes the Survey.
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DirectionFinder Survey Instruments 2009/2010 Compilation
Items in Black are questions that were repeated from 2009, highlighted questions were
added in 2010.
2010 Town of Westlake Resident Survey
Section I: Town Services
1. Satisfaction with Major Types of Services Provided By the Town. Using a scale of 1 to 5 where
5 means “very satisfied” and 1 means “very dissatisfied,” please rate your satisfaction with the
following services provided by the Town of Westlake:
A. Quality of public safety services (police, fire, emergency medical, and municipal court) in the Town Westlake
B. Overall efforts by Westlake to ensure the community is prepared for emergencies
C. Overall maintenance of Town streets
D. Overall effectiveness of communication by the Town of Westlake
E. Overall quality of water utility services
F. Overall quality of wastewater (or sanitary sewer) utility services
G. Quality of parks, trails, and recreation programs and facilities in Westlake
H. Overall quality of customer service provided by the Town of Westlake
I. Overall efforts by the Town to manage storm water run-off
J. Westlake Academy
2. Which THREE of the services listed above are most important to you? [Write in the letters below
using the letters from the list in Question 1 above].
1st:____ 2nd:____ 3rd:____
3. Overall, how safe do you feel in the Town of Westlake?
___(4) Very safe
___(3) Safe
___(2) Unsafe
___(1) Very unsafe
___(9) Don’t know
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4. Satisfaction with Specific Types of Services Provided By the Town . Using a scale of 1 to 5,
where 5 means “very satisfied” and 1 means “very dissatisfied,” please rate your satisfaction
with each of the following:
How Satisfied are you with:
Very
Satisfied Satisfied Neutral Dissatisfied Very
Dissatisfied
Don’t
Know
Police Services
A. Overall quality of local police protection 5 4 3 2 1 9
B. Visibility of police in neighborhoods 5 4 3 2 1 9
C. How quickly police respond to
emergencies 5 4 3 2 1 9
D. Efforts by the Town to prevent crime 5 4 3 2 1 9
E. Level of traffic enforcement 5 4 3 2 1 9
F. Municipal Court services 5 4 3 2 1 9
Fire and Medical Services
G. Overall quality of fire services 5 4 3 2 1 9
H. Overall quality of emergency medical
services 5 4 3 2 1 9
I. How quickly fire and emergency medical
services personnel respond 5 4 3 2 1 9
Maintenance Services
J. Condition of major streets in Westlake 5 4 3 2 1 9
K. Overall condition of streets in your
neighborhood 5 4 3 2 1 9
L. Cleanliness of streets/other public areas 5 4 3 2 1 9
Parks and Recreation Services
M. Maintenance of the Town park 5 4 3 2 1 9
N. Number of parks in your community 5 4 3 2 1 9
O. Number of walking/biking trails 5 4 3 2 1 9
P. Quality of outdoor athletic fields available
to the Westlake community 5 4 3 2 1 9
Utility Services
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Q. Residential trash collection services 5 4 3 2 1 9
R. Curbside recycling services 5 4 3 2 1 9
S. Yard waste collection services 5 4 3 2 1 9
T. Bulky item pick up/removal services (old
furniture, appliances. etc.) 5 4 3 2 1 9
U. Town efforts to promote water
conservation and protect water resources 5 4 3 2 1 9
V. Household hazardous waste disposal
service (for oil, paint, etc) 5 4 3 2 1 9
W. Enforcing the cleanup of junk and debris on
private property in your community
5 4 3 2 1 9
X. Enforcing the mowing and cutting of weeds
and grass on private property
5 4 3 2 1 9
Y. Enforcing the exterior maintenance of
residential property 5 4 3 2 1 9
Z. Enforcing sign regulations 5 4 3 2 1 9
AA.
Enforcement of yard parking regulations for
things such as boats and RVs in your
neighborhood
5 4 3 2 1 9
5. Which FIVE of the services listed above are most important to you? [Write in the letters below
using the letters from the list in Question 4 above].
1st:____ 2nd:____ 3rd:____ 4th:____ 5th:_____
6. Several items that may influence your perception of the Town of Westlake are listed below.
Please rate each item on a scale of 1 to 5 where 5 means “very satisfied” and 1 means “very
dissatisfied.”
How Satisfied are you with:
Very
Satisfied Satisfied Neutral Dissatisfied Very
Dissatisfied
Don’t
Know
A. Overall quality of governmental services
provided by the Town of Westlake 5 4 3 2 1 9
B.
Overall value that you receive from local
revenue sources (i.e. sales tax, fees,
and permits)
5 4 3 2 1 9
C. Overall quality of life in Westlake 5 4 3 2 1 9
4
D. The accessibility of local government in
the Town of Westlake 5 4 3 2 1 9
E. Efforts to ensure the Town Vision is
maintained 5 4 3 2 1 9
F. Standards of Development in the
Community 5 4 3 2 1 9
G. How well Westlake is planning its growth 5 4 3 2 1 9
H. The Town’s leadership to preserve the
environment 5 4 3 2 1 9
I. The direction the Town is heading 5 4 3 2 1 9
J. Your decision to live in the Town of
Westlake 5 4 3 2 1 9
K. Sense of community in the Town of
Westlake 5 4 3 2 1 9
L. Image of the Town of Westlake 5 4 3 2 1 9
Section II: Reasons for Living in Westlake
7. Using a scale of 1 to 5, where 5 means “Extremely Important” and 1 means “Not Important,”
please indicate how important the following issues were to your decision to move to the Town
of Westlake.
How important was? Extremely
Important
Very
Important Important
Less
Important Not
Important
Don’t
Know
A. Proximity to Dallas & Fort Worth 5 4 3 2 1 9
B. Westlake Academy 5 4 3 2 1 9
C. Type of housing available 5 4 3 2 1 9
D. Low taxes 5 4 3 2 1 9
E. Sense of community 5 4 3 2 1 9
F. Access to the Airport 5 4 3 2 1 9
G. The aesthetic appeal and high
development standards 5 4 3 2 1 9
H. Small town feel/rural atmosphere 5 4 3 2 1 9
5
I. To live near friends/family 5 4 3 2 1 9
J. To live in your specific neighborhood 5 4 3 2 1 9
8. Which THREE of the reasons listed above are the most important reasons you will stay in
Westlake over the next 5 years? [Write in the letters below using the letters from the list in
Question 7 above].
1st:____ 2nd:____ 3rd:____
Section III: Westlake Academy
9. Using a scale of 1 to 5, where 5 means “Strongly Agee” and 1 means “Strongly Disagree,”
please rate your level of agreement with the following statements about Westlake Academy.
Statements about Westlake Academy Strongly
Agree Agree Neutral Disagree Strongly
Disagree
Don’t
Know
A. Westlake Academy provides students
with a quality education
5 4 3 2 1 9
B. I understand how Westlake Academy is
governed and funded
5 4 3 2 1 9
C. I think Westlake Academy adds value to
the Town of Westlake 5 4 3 2 1 9
D. I think Westlake Academy adds value to
my property 5 4 3 2 1 9
Section IV: Financial Issues
Currently, the Town of Westlake does not have a property tax. Revenues for the services the
Town provides have traditionally come from various sources, including sales tax, fees, and
permits. However, based on five-year forecasts, the Town will be unable to pay debts and keep
up with demand for services through the reliance on traditional revenue sources by Fiscal Year
2013. The Town has explored many options to address this situation, including cutbacks,
contracting out services, and a small property tax.
10. How willing are you to pay a
property tax to avoid reductions in
the following services that are
currently provided by the Town:
Very
Willing Willing Somewhat
Willing
Not Willing Not Willing
at All
Don’t
Know
A. Public safety services (police, fire, and
emergency medical services) 5 4 3 2 1 9
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B. Maintenance of Town streets & drainage 5 4 3 2 1 9
C. Westlake Academy 5 4 3 2 1 9
D. Historic preservation 5 4 3 2 1 9
E.
Streetscaping (landscaping/aesthetic
treatments along major road medians
and rights-of-way)
5 4 3 2 1 9
F. Parks, trails, and recreation programs 5 4 3 2 1 9
G. Storm water management 5 4 3 2 1 9
H. Public art 5 4 3 2 1 9
11. Services and projects that have not been accomplished by the Town due to a lack of funds
are listed below. If a new property tax were to provide funding to complete one or more of
these projects, which TWO should be the Town’s highest priorities? Write the letters for your
top two choices using the letters from the list below. If you do not support any of these projects,
circle “NONE”.
(A) Public safety/new fire station
(B) Enhanced streetscaping for Precinct Line Road (FM 1938)
(C) Street and drainage improvements
(D) Trails, bike paths, and parks improvements
(E) Improvements to Westlake Academy
1st Choice:____ 2nd Choice:____ NONE (Do Not Support any of these projects)
Section V: Communication and Demographics
12. Which of the following are your PRIMARY sources of information about the Town of
Westlake? (Check all that apply)
___(1) E-mail from the Town
___(2) Westlake Wire- have you read the Westlake Wire during the past year? YES/NO
___(3) Town website - have you looked at Council packets on the website? YES/ NO
___(4) Voice messages from the Town
___(5) The Time Register (newspaper)
___(6) Other: ______________________________________
13. How many years have you lived in Westlake?
___(1) less than 1 year ___(2) 2-5 years
7
___(3) 6-10 years
___(4) 11-20 years
___(5) more than 20 years
14. What is your age? _____ years
15. Do any children in grades K-12 currently live in your home?
___(1) Yes – answer #15a ___(2) No
15a. IF YES to #15: Do any of these children currently attend Westlake Academy?
___(1) Yes ___(2) No – answer 14b
15b. IF NO to #15a: Did any of these children previously attend Westlake Academy?
___(1) Yes – answer 15c ___(2) No
15c. Are you considering re-enrolling them at Westlake Academy?
___(1) Yes ___(2) No
16. In which subdivision do you live?
___(1) Stagecoach Hills
___(2) Vaquero
___(3) Wyck Hill
___(4) Glenwyck Farms
___(5) Mahotea Boone
___(6) Other: ___________________
17. Which of the following BEST describes your total annual household income?
___(1) Under $50,000
___(2) $50,000 - $150,000
___(3) $150,000 - $500,000
___(4) Over $500,000
8
18. Gender: ___(1) Male ___(2) Female
OPTIONAL: If you have any other comments please write them in the space
provided below.
2009 Town of Westlake Resident Survey(questions
NOT used in the 2010 survey)
3. Using a scale of 1 to 5 where 5 means “excellent” and 1 means “poor,” please
rate Westlake with regard to the following:isfied are you with Westlake: Excellent Good
A. As a place to live
B. As a place to work
C. As a place to retire
D. As a community that is moving in the right direction
7. Expanding Town Services. Since the revenue from the Town’s sales tax and
user fees is projected not to keep pace with the cost of providing Town services,
it appears unlikely that the Town could increase the levels of Town services.
Using a scale of 1 to 5 where 5 means “very willing” and 1 means “not willing at
all,” please rate your willingness to pay a Town property tax to fund expanded
levels of service in the following areas:
A. Public safety services (police, fire, and emergency medical services)
B. Maintenance of Town streets & drainage
C. Westlake Academy
D. Historic preservation
E. Streetscaping (landscaping/aesthetic treatments along major road medians and rights-of-way)
F. Parks, trails, and recreation programs
G. New fire station
H. New Town hall
I. Public art
8. Satisfaction with Specific Types of Services Provided By the Town. Using a scale of 1
to 5, where 5 means “very satisfied” and 1 means “very dissatisfied,” please rate your
satisfaction with each of the following:
Know
Communication/Citizen Engagement
Q. Availability of information about Town services and activities
R. Timeliness of information provided by the Town of Westlake
S. Efforts by the Town of Westlake to keep you informed about local issues
T. Usefulness of the Town newsletter
U. The Town of Westlake’s website
V. The level of public involvement in local decisions
9
9. Satisfaction with Specific Types of Services Provided By the Town (Continued).
Using a scale of 1 to 5, where 5 means “very satisfied” and 1 means “very
dissatisfied,” please rate your satisfaction with each of the following:
Code Enforcement Services
F. Town efforts to remove abandoned or inoperative vehicles
11. Do you think the standards for new commercial and residential development
in the Town of Westlake are too high, about right, or too low?
___(1) Too high
___(2) About right
___(3) Too low
___(9) Don’t know
12. Ar e you familiar with the Town’s “Dark Sky” Plan?
a.) ___(1) Yes ___(2) No
b.) If yes, are you supportive of it? ___ (1) Yes ___ (2) No
14. Have you eaten at any of the Solana restaurants during the past year?
___(1) Yes
___(2) No
17c. If YES to #17b: Why did your children stop attending Westlake Academy?
_______________________________________________________________
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): Personnel Matters – to deliberate the appointment or
employment of a Director of Communications.
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item # 8
Council Recap /
Staff Direction
Town of Westlake
Item # 9 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Proclamation recognizing the National Day of Prayer on May 5, 2011.
Proclamation recognizing Public Service Week May 3-9, 2011.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
Town of Westlake
Proclamation
WHEREAS, public prayer and national days of prayer have a long-standing and significant
history in American tradition since the first call to prayer in 1775 when the Continental Congress asked
the colonies to pray for wisdom in forming a nation; and
WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation
setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently
setting the day as the first Thursday of every May; and
WHEREAS, the National Day of Prayer has great significance for us as a nation, enabling us
to recall and to teach the way in which our forefathers sought the wisdom of God when faced with
critical decisions, thus reaffirming the spiritual principles upon which this nation was founded; and
WHEREAS, in these trying times, when the world is so unsettled and when so many brave
citizens of the United States are far from home, making great sacrifices for those abroad and those here
at home, prayer becomes all the more meaningful and important; and
WHEREAS, this year is the 60th
anniversary of the consecutive annual observance of the
National Day of Prayer, and its theme is “A MIGHTY FORTRESS IS OUR GOD” based on Psalm
91:2; and
WHEREAS, on this day Americans across our nation and state will unite and heed the call to
humbly come before God, to acknowledge our dependency upon Him and give Him thanks for the
many blessings we have received from Him, and to seek His guidance for our leaders and His grace
and protection upon us as a people and a nation;
NOW, THEREFORE, I Laura Wheat, by the Power vested in me as Mayor of Westlake,
hereby proclaim Thursday, May 5, 2011, as
A DAY OF PRAYER IN WESTLAKE
And invite all in our town to observe this day in ways appropriate to its importance and significance as a time
for united prayer in our city.
Executed this 25th
day of April 2011.
__________________________________________
Laura Wheat, Mayor
ATTEST:
__________________________________
Kelly Edwards, Town Secretary
WHEREAS: Americans are served every single day by public servants at the federal, state,
county and city levels. These unsung heroes do the work that keeps our nation working;
WHEREAS: Public employees take not only jobs, but oaths;
WHEREAS: Many public servants, including military personnel, police officers,
firefighters, border patrol officers, embassy employees, health care professionals and others, risk
their lives each day in service to the people of the United States and around the world;
WHEREAS: Public servants include teachers, doctors and scientists . . .train conductors
and astronauts . . . nurses and safety inspectors . . . laborers, computer technicians, social workers
and countless other occupations. Day in and day out they provide the diverse services demanded
by the American people of their government with efficiency and integrity; and
WHEREAS: Without these public servants at every level, continuity would be impossible
in a democracy that regularly changes its leaders and elected officials;
WHEREAS: I, Laura Wheat, Mayor of the Town of Westlake do hereby announce and
proclaim to all citizens and set seal hereto, that May 1-7, 2011,
Public Service Recognition Week
In Westlake, Texas and call upon the citizens to recognize and express their appreciation
for the vital contributions made daily by public employees and volunteers throughout the Town of
Westlake.
IN WITNESS THEREOF, I have hereunto set my
hand and caused the official seal of the Town of
Westlake, Texas to be affixed this 25th
day of April
2011.
______________________________________________
Laura Wheat, Mayor
Town of Westlake
Proclamation
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 March 28, 2011.
b. Consider approval of the minutes from the meeting held on March 29, 2011.
c. Consider approval of the minutes from the meeting held on April 4, 2011.
d. Consider approval of Resolution 11-13, Approving a Memorandum of
Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and
the City of Roanoke, regarding an agreement in principal to pursue a variety of
intergovernmental cooperative initiatives.
e. Consider approval of Resolution 11-14, Appointing a member to the Texas
Student Housing Authority board.
Town of Westlake
Item # 3 - Consent
Agenda Items
Town Council Minutes
03/28/11
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
March 28, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, and Rick
Rennhack.
ABSENT: Carol Langdon
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Assistant to the Town Manager
Ginger Awtry, Special Projects and Municipal Court Administrator
Amanda DeGan, Fire Chief Richard Whitten, 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 4:43 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM MARCH 28, 2011,
REGULAR MEETING.
Mayor Wheat asked for additional information regarding the Flood plain ordinance and
Public Works Director Jarrod Greenwood provided clarification of the amendment as
requested from FEMA.
Town Manager Brymer provided an overview of item d regarding the funding of paving
enhancements on the FM 1938 project.
3. DISCUSSION ITEMS
a. Presentation and update on FM 1938 construction and proposed pavement
improvements.
Town Council Minutes
03/28/11
Page 2 of 6
Public Works Director Greenwood provided a presentation and overview of the
proposed improvements and current status of construction of FM 1938.
Discussion ensued regarding the aesthetics of the walls along the roadway, traffic
flows once the Westlake section is complete, landscaping, the trail system and
connectivity to the FM 1938 underpass.
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 Manager Brymer provided an overview of the MOU for regional cooperation
between the municipalities regarding development along a joint corridor of Highways
114 and 170.
Attorney Lowry clarified that the MOU agreement is non-binding.
4. EXECUTIVE SESSION – 5:28 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager.
5. RECONVENE MEETING
Mayor Wheat reconvened the workshop at 7:50 p.m.
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
- No Action Taken
7. COUNCIL RECAP / STAFF DIRECTION
- None
Town Council Minutes
03/28/11
Page 3 of 6
8. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the
workshop at 7:50 p.m.
Regular Session
1.
CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:50 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
Mayor Wheat read a Proclamation regarding Parental Alienation Awareness Day.
Ms. Wendy Archer received the proclamation and stated they will be hosting an event
on April 25th
, in Central Park in the Southlake Town square shopping center.
4. CONSENT AGENDA
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.
MOTION: Council Member Rennhack made a motion to approve the
consent agenda. Council Member Brittan seconded the motion.
The motion carried by a vote of 3-0.
Town Council Minutes
03/28/11
Page 4 of 6
5. CONSIDER ACCEPTANCE OF THE CERTIFICATION OF UNOPPOSED
CANDIDATES.
MOTION: Council Member Brittan made a motion to accept the certification of
unopposed candidate. Council Member Cox seconded the motion.
The motion carried by a vote of 3-0.
6. CONSIDER APPROVAL OF ORDINANCE 658, CANCELING THE MAY 14, 2011,
GENERAL ELECTION.
MOTION: Council Member Rennhack made a motion to approve Ordinance
658. Council Member Cox seconded the motion. The motion
carried by a vote of 3-0.
7. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: 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
The Council did not convene into Executive Session.
9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
MOTION: Council Member Cox made a motion on Item b of Executive
Session to amend the Town Manager’s employment agreement to
include a 2% increase effective April 1, 2011. Council Member
Brittan seconded the motion. The motion carried by a vote of 3-0.
Discussion ensued regarding Item b of Executive Session. The Council asked that the
agreement be revised to show projects 5-7 as one project and a correction on Exhibit B
to show there improvements to Ottinger Road, across from Westlake Academy.
Town Council Minutes
03/28/11
Page 5 of 6
MOTION: Council Member Rennhack made a motion on Item a of Executive
Session to approve the MOU with Hillwood Development contingent
upon the order of projects 5-7 being numbered as one project and
a correction on Exhibit B to show there improvements to Ottinger
Road, across from Westlake Academy. Council Member Cox
seconded the motion. The motion carried by a vote of 3-0.
10. FUTURE AGENDA ITEMS
- None
11. COUNCIL RECAP / STAFF DIRECTION
- Staff to complete the MOU with revisions as discussed
- Schedule the Strategic planning meetings
- Staff to advise adding the review of Advisory minutes to the agenda
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
Town Council Minutes
03/28/11
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 3-0.
Mayor Wheat adjourned the meeting at 8:07 p.m.
APPROVED BY THE TOWN COUNCIL APRIL 25, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
03/29/11
Page 1 of 3
MINUTES OF THE
REGIONAL COUNCIL JOINT WORKSHOP
March 29, 2011
Byron Nelson High School Library
(East Door Entrance)
2775 Bobcat Boulevard
Trophy Club, Texas 76262
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox Carol Langdon,
and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Ginger Awtry, Special Projects and
Municipal Court Administrator Amanda DeGan, Public Works
Director Jarrod Greenwood, and Facilities and Recreation Director
Troy Meyer.
1. Welcome (Trophy Club Town Manager Slye)
Trophy Club Mayor White called the meeting to order at 7:00 p.m.
Westlake, Trophy Club and Roanoke Councils were all present with quorums.
Town of Trophy Club, Town Manager, Mike Slye provided an overview and the purpose of
this joint meeting. Mission - Develop strong neighboring government partnerships in order
to better serve our communities. With a purpose to develop long-term partnerships
committed to superior economic, civic and regional development for the future
Town Council Minutes
03/29/11
Page 2 of 3
2. Discussion of a proposed Memorandum of Understanding for HWY 114 and HWY
170 Corridor Development (Westlake Town Manager Brymer)
Town of Westlake Town Manager Tom Brymer, Town of Westlake, provided a presentation
and overview of the draft Memo of Understanding (MOU). Mr. Brymer clarified that this is a
non binding agreement.
Should 170 and nor 114. Possible areas of cooperation include planning and development.
(get info off of the slide) .
Town of Westlake Public Works Director Jarrod Greenwood provided an overview of the
construction of Highways 114 and 170. Mr. Greenwood also presented a conceptual
drawing and proposed enhancements.
Discussion ensued regarding signage for all three municipalities, the length of the project,
the possible enhancements, an additional agreement between Roanoke and Westlake
regarding any projects for the intersection of Highways 377 and 170, and the process for
approval of the streetscape designs by Staff and Council and participation in TxDot
meetings
3. Discussion of Proposed Trail Connector Project
Town of Westlake Facilities and Recreation Director Troy Meyer provided an overview of the
possibility to connect trails between the bordering municipalities
Discussion ensued regarding the creations of those connections and possible grants to help
fund the projects.
4. Discussion of a proposed Memorandum of Understanding for regional park
access and use
Trophy Club Mayor White opened the topic for discussion on the possibilities of working
together with each communities parks and facilities.
Discussion ensued regarding the possibility of regional facilities and concern regarding the
number of users and the size of the facilities, non-resident fees, joint parks or other facilities
and how to benefit from regional event opportunities.
5. Community Update (5 minutes each)
Mayor Gierisch announced that the construction Hawaiian Falls is scheduled to open in the
Summer, an additional BBQ restaurant, Fuzzy’s Tacos, new retail development at inter
Roanoke
Town Council Minutes
03/29/11
Page 3 of 3
section of highways 114 and 170, new retail on Oak Street, LG will open a distribution
center in Alliance, Unique week and the community Easter egg hunt on April 16, 2011.
Trophy Club
Mayor White announced new construction of a roundabout at the intersection Trophy Club
and Trophy Lake, grand opening new trails and the Frisbee Golf course on April 9
th
, that
construction on the baseball fields and dog park, the addition of 87 new homes, and the
construction of an elevated storage tank on the northwest corner of the Byron Nelson High
School property.
Mayor Wheat provided an update on Deloitte University, construction on FM 1938, that
Westlake Academy will be expanding the student body to 630 and graduating the 2
Westlake
nd class,
future Dove and Ottinger road improvements and that Arbor Day will be held on April 23rd
at
Glenwyck Park.
6. Discussion of future meetings
Councils agree to schedule additional meetings after further review by each community and
City/Town Managers.
ADJOURN
The meeting adjouned at 9:00 p.m.
APPROVED BY THE TOWN COUNCIL APRIL 25, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
04/04/11
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
April 4, 2011
PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, and Rick Rennhack.
ABSENT: Tim Brittan
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Town Attorney Stan Lowry, Assistant to the Town Manager
Ginger Awtry, Special Projects and Municipal Court Administrator
Amanda DeGan, Fire Chief Richard Whitten, Public Works Director
Jarrod Greenwood, and Facilities and Recreation Director Troy
Meyer.
Special Session
1.
CALL TO ORDER
Mayor Wheat called the special meeting to order at 5:04 p.m.
2. CONSIDERATION AND DISCUSSION OF RESOLUTION 11-11, TO CONTINUE TO
ALLOW TEMPORARY STRUCTURES ON THE PROPERTY ADDRESSED AS 2900
DOVE ROAD, BEING ABRTRACT 680, TR 7B OF THE GREENBERRY B.
HENDRICKS SURVEY, GENERALLY LOCATED ON THE SOUTH SIDE OF DOVE
ROAD AND EAST OF THE PAIGEBROOKE SUBDIVISION TO SERVE AS THE FIRE
STATION.
Town Manager Brymer provided an overview of both Resolution 11-11 and 11-12
regarding the temporary structures.
Discussion ensued regarding the use of the structures for the Fire Station and Academy
classrooms.
Town Council Minutes
04/04/11
Page 2 of 2
MOTION: Council Member Rennhack made a motion to approve Resolution
11-11. Council Member Langdon seconded the motion. The
motion carried by a vote of 3-0.
3. CONSIDERATION AND DISCUSSION OF RESOLUTION 11-12, TO ALLOW
TEMPORARY STRUCTURES ON THE PROPERTY ADDRESSED AS 2600 J. T.
OTTINGER ROAD, BEING LOT 1, BLOCK 1, OF THE WESTLAKE MUNICIPAL
COMPLEX ADDITION.
MOTION: Council Member Rennhack made a motion to approve Resolution
11-12. Council Member Cox seconded the motion. The motion
carried by a vote of 3-0.
4. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Cox made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 3-0.
Mayor Wheat adjourned the meeting at 5:09 p.m.
APPROVED BY THE TOWN COUNCIL APRIL 25, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: April 25, 2011
Staff Contact: Tom Brymer, Town Manager Regular
Subject: Consideration of a Resolution Approving a Memorandum of Understanding (MOU)
between the Town of Westlake, Town of Trophy Club, and the City of Roanoke,
Regarding an Agreement in Principal 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). The draft MOU was again reviewed in a
Westlake Town Council workshop on March 28, 2011 prior to discussing it a joint workshop with the city
councils of Trophy Club and Roanoke on March 29, 2011. At that joint workshop, the respective
councils made some suggestions on changes they would like to see in the draft MOU, but overall liked its
basic format and premise, and agreed to consider the proposed MOU for approval at their individual
council meetings. Since the March 29th
joint workshop, the city managers of Roanoke, Trophy Club, and
Westlake and agreed to minor wording revisions. That version of the MOU is attached for consideration
by the Westlake Town Council. The MOU is scheduled for consideration by the Trophy Club and
Roanoke Councils in the near future.
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.
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
Adopt the resolution adopting this MOU. The city managers are recommending that initially that
Westlake, Roanoke, and Trophy Club be parties to this agreement. If other entities become
interested in being added to it, that can be considered by the three cities at that time.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Page 2 of 2
1. Resolution Approving the MOU Regarding the Joint Regional Local Governments
ATTACHMENTS
2. Draft Memorandum of Understanding
3. Exhibit A to MOU
Resolution 11-13
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 11-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A MEMORANDUM OF UNDERSTANDING AGREEING IN
PRINCIPAL TO PURSUE VARIOUS INTERGOVERNMENTAL INITIATIVES VIA
THE JOINT REGIONAL GOVERNMENTS OF WESTLAKE, TROPHY CLUB, AND
ROANOKE.
WHEREAS, the Westlake Town Council has identified intergovernmental cooperation
as a strategic priority; and,
WHEREAS, intergovernmental cooperation supports the Town’s Strategic Plan Vision
Point Two- We are Leaders under the Key Result Area of “high quality services delivery coupled
with financial stewardship”; and,
WHEREAS, the Westlake Town Council has reviewed this Memorandum of
Understanding (MOU) as well as discussed it in a joint session with the governing bodies of the
Town of Trophy Club and the City of Roanoke, with all three governing bodies agreeing to
consider approval of this MOU; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the attached Memorandum of Understanding (MOU) with the Town of Trophy Club
and the City of Roanoke attached hereto as Exhibit “A”; and further authorizes the Town
Manager and Mayor to execute said agreement on behalf of the Town of Westlake.
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 11-13
Page 2 of 2
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25TH
DAY OF APRIL 2011.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
MEMORANDUM OF UNDERSTANDING
REGARDING THE JOINT REGIONAL LOCAL GOVERNMENTS
This Memorandum of Understanding (MOU), entered into this 18th day of April, 2011, by
and between the JOINT REGIONAL LOCAL GOVERNMENTS (“JRLG”); Town of Trophy
Club (“Trophy Club”), the Town of Westlake (“Westlake”), and the City of Roanoke
(“Roanoke”), all three 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,
visionary planning as the chief tool to properly deal with growth. As such the JRLG 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 JRLG 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 JRLG 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 work 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 JRLG 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 work 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.
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.
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 JRLG 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 JRLG 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, JRLG 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 JRLG 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
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, Connie White
By Town Manager, Mike Slye
ATTEST:
Town Secretary, Shannon DePrater
TOWN OF WESTLAKE
By Mayor, Laura Wheat
Town Manager, Thomas E. Brymer
ATTEST:
By Town Secretary, Kelly Edwards
CITY OF ROANOKE
By Mayor, Scooter Gierisch
By City Manager, Jimmy Stathatos
ATTEST:
City Secretary, April Hill
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary Meeting Date: April 19, 2011
Staff Contact: Tom Brymer/Kelly Edwards Consent
Subject: Consider a resolution to appoint a member to the Texas Student Housing
Authority.
Currently the Texas Student Housing Authority board has two vacancies.
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
Staff recommends the Council appoint a person to the board.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
None.
ATTACHMENTS
Resolution 11-14
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 11-14
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPOINTING A MEMBER TO THE TEXAS STUDENT HOUSING AUTHORITY BOARD.
WHEREAS, Currently, vacancies exist on the Texas Student Housing Authority board; and
WHEREAS, the meeting at which this Resolution was considered was open to the public as
required by law, and public notice of the time, place, and subject of the meeting has been given in
accordance with Chapter 551, Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1:
That, all matters stated in the Recitals hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
That the Town Council of the Town of Westlake does hereby appoint the
following individual to serve as a member of the Texas Student Housing Authority board for the term
noted below:
__________________ - term expiring June 2012.
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the
Council hereby determines that it would have adopted this Resolution without the invalid provision.
SECTION 4:
PASSED AND APPROVED ON THIS 25th DAY OF APRIL 2011.
That this resolution shall become effective from and after its date of passage.
___________________________________
Laura Wheat, Mayor
Resolution 11-14
Page 2 of 2
ATTEST:
______________________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Manager Meeting Date: April 25, 2011
Staff Contact: Tom Brymer, Town Manager Discussion/Regular
Workshop Subject: Discussion of a Proposed Development Agreement with Hillwood
Alliance Services for Various Ottinger Road and Dove Road Public
Improvements
Regular Meeting Consideration of a Resolution Approving a Development Agreement with
Subject: Hillwood Alliance Services for Various Public Improvements to Dove and
Ottinger Roads
On March 28, 2011 the Town Council approved a Memorandum of Understanding (MOU) with Hillwood
Alliance Services (Hillwood) for various public improvements to Ottinger and Dove Roads. The terms of
this MOU included a requirement that within thirty (30) days from the date of approval of the MOU, both
the Town and Hillwood would convert this MOU into a development agreement approved by both
parties. Under the terms of this agreement, Hillwood will invest $4,665,818 in improvements to these
roadways over the next thirty (30) months. This investment will be carried out in a series of seven (7)
projects over a thirty (30) month time period. The first four (4) of these projects center on Ottinger Road
improvements, improvements to the Pearson/Dove Road intersection, as well as improvements to the
bridge/culvert structure located at Paigebrooke Creek and Dove Road. The Ottinger Road improvements
will involve lane/road widening for added turn lanes along Ottinger Road, in front of Westlake Academy
south along Ottinger Road toward the Deloitte University rear access drive. It will also include adding a
northern access lane on Ottinger Road for turning into Westlake Academy. Later in this thirty (30) month
time frame, various improvements will be done to sections of Dove Road and the Dove Road/Ottinger
Road intersection. Hillwood’s investment is estimated based on the Town’s minimum standards. As
design progresses, the Town can elect, subject to Town Council approval, to fund amounts over and
above Hillwood’s $4.6 million if it chooses to exceed Town minimum design standards (for example,
build a round about as opposed to a standard “T” intersection.
EXECUTIVE SUMMARY
Hillwood will serve as project manager, with the Town having plan approval authority and design
oversight through a joint design review committee. The Town will receive monthly reports on all
Hillwood expenditures for this partnership. As design details for these improvements are developed, they
will be shared with the Westlake community. The $4.6 million in road improvements will be in lieu of
Hillwood building a westerly road for the Deloitte University - Ottinger Road entrance per the terms of a
June 2008 development agreement between the Town and Hillwood. The amount of traffic generated by
Deloitte University is similar to the traffic amount generated by Westlake Academy. Additionally,
Deloitte University is working with the Town to stagger employee shift changes so that traffic to their
service entrance on Ottinger Road will have minimal impact on Westlake Academy peak traffic times.
Since the March 28th Town Council approval of the MOU, an email blast was sent to Town residents
about this and other transportation projects underway in Westlake. A page was added to the Town’s web
site devoted to this project at http://www.westlake-tx.org/en/Dove_Ottinger.html. This page includes the
approved MOU and its exhibits.
Page 2 of 2
Inviting Residential and Corporate Neighborhoods
APPLICABLE STRATEGIC PLAN VISION POINT
We are Leaders
Hospitality Finds its Home in Westlake
Funded Not Funded N/A
FISCAL IMPACT
The amount funded by Hillwood, per the terms and projects listed in this development
agreement, will be a maximum of $4,665,818. As the design progresses, the Town can elect, subject
to Town Council approval, to fund amounts over and above Hillwood’s $4.6 million if it chooses to
exceed Town minimum design standards. The Town does have limited funding in the approved CIP for
Ottinger Road improvements that could be reprogrammed into these projects if the Council so chooses.
If this development agreement is approved, it is recommended that the Town’s Capital
Improvement Plan (CIP) be subsequently amended by the Town Council to reflect these specific
projects and their funding source. With the exception of the limited funding for Ottinger Road
improvements, the projects listed in this development agreement are currently not in the funded
Town CIP.
Since the MOU’s approval, staff has met with Hillwood to negotiate the terms of the
development agreement. This agreement is attached and recommended for approval during the
regular meeting. A presentation will be made at the workshop to reiterate the main points of the
proposed development agreement. Following this presentation, it is recommended that Town
Council members utilize the workshop for questions and comments regarding this proposed
project.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
1. Memorandum of Understanding approved by the Town Council on March 28, 2011.
ATTACHMENTS
2. Resolution adopting the development agreement.
3. Proposed Development Agreement with exhibits showing location and timing of
improvements.
Resolution 11-15
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 11-15
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
WESTLAKE AND HILLWOOD ALLIANCE SERVICES, LLC (HAS) , HW 2421 LAND,
LP, AND HW 164 LAND, LP, PERTAINING TO RESPONSIBILITIES AND FUNDING
FOR CERTAIN PUBLIC ROADWAY IMPROVEMENTS/EXTENSIONS,
SIDEWALK/PEDESTRIAN TRAILS, AND LANDSCAPING FOR SECTIONS OF DOVE
AND J.T. OTTINGER ROADS; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Town of Westlake (the “Town”) is experiencing planned growth
through the attraction of economic development projects such as Deloitte University, which is
consistent with the Town’s comprehensive plan, as well as enrollment growth at Westlake
Academy and growth in the area in general, all of which contribute to demand for improvements
to Town’s public roadway infrastructure, and
WHEREAS, the Town and Hillwood Alliance Services (HAS), HW 2421 LAND, LP,
AND HW 164 LAND, LP (collectively referred to as “Hillwood”) desire to entire enter into a
partnership whereby Hillwood will invest approximately $4.6 million to fund certain public
improvements to Dove and J.T. Ottinger Roads in the Town, and
WHEREAS, the Town and Hillwood approved a Memorandum of Understanding
(“MOU”) on March 28, 2011, with the understanding that the terms and conditions agreed upon
in the MOU would be converted into a development agreement approved by both the Town and
Hillwood within thirty (30) days of the MOU’s approval, and
WHEREAS, the development agreement, attached hereto and incorporated herein as
Exhibit A, sets out the responsibilities and funding for certain public roadway
improvements/extensions, sidewalk/pedestrian trail improvements, and landscaping on Dove
Road and J.T. Ottinger Road and removes requirements for construction of a westerly road for
Deloitte University per the terms of a June 12, 2008, development agreement between the Town
and Hillwood adopted by Resolution 08-36; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
Resolution 11-15
Page 2 of 2
SECTION 2:
That the development agreement, attached hereto and incorporated herein
as Exhibit A (the “Development Agreement”), is here by approved.
SECTION 3
: If any portion, provision, term or condition, of this Resolution, including
any portion, provision, term or condition of the Development Agreement, shall, for any reason,
be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining portions, provisions, terms or conditions hereof and the Council hereby determines
that it would have adopted this Resolution and the Development Agreement without the invalid
portion, provision, term or condition.
SECTION 4
: That this Resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25TH
DAY OF APRIL 2011.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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): Personnel Matters – to deliberate the appointment or
employment of a Director of Communications.
Town of Westlake
Item # 5 –
Executive Session
Town of Westlake
Item # 6 – 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): Personnel Matters – to deliberate the appointment or
employment of a Director of Communications.
Town of Westlake
Item # 7 – 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 # 8 - Future
Agenda Items
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item # 9
Council Recap /
Staff Direction
COUNCIL CALENDAR
- Oath of Office
May 19, 2011, at 4:30 p.m.
- Town Council Meeting
May 23, 2011
Town of Westlake
Item # 10 –
Council Calendar
January 2011 1 February 2011 2 March 2011 3
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 1 2 3 4 5 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 27 28 29 30 31
30 31
April 2011 4 May 2011 5 June 2011 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 5/2-5/4 Early Voting
1 2 1 2 3 4 5 6 7 1 2 3 4 5/14 Election Day
3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5/19 Election Canvass/Oath
10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 5/17 New member
17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 orientation (9-4)
24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 5/20 BOT Planning Retreat
5/23 Governance Retreat
9:00 - 4:00
July 2011 7 August 2011 8 September 2011 9 6/17 WA Budget Retreat
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 9:00-1:00
1 2 1 2 3 4 5 6 1 2 3
3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8/12 TC Budget Retreat
10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9:00-1:00
17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 ICMA 9/18-9/21
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
October 2011 10 November 2011 11 December 2011 12
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 1 2 3 4 5 1 2 3 TML 10/11-10/14
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
School Board School & Town Holiday Budget / Meeting Retreats
Town Council School Holiday Town Holiday
New Council/BOT Election Day /First/Last Day
Orientation Special Meeting to of School
Canvass Returns
Meeting Schedule
Town of Westlake
Town of Westlake
Item # 11 –
Adjournment
Back up material has not
been provided for this item.