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HomeMy WebLinkAbout08-29-11 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 4 TOWN OF WESTLAKE, TEXAS Mission Statement 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 August 29, 2011 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Photo Session 4:00 p.m. Workshop Session: 5:00 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Page 2 of 4 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 29, 2011, REGULAR MEETING. (25 min) 4. DISCUSSION ITEMS a. Discussion and overview of SB 100 regarding elections (30 min) b. Discussion and follow-up regarding the FY 2011-2012 budget. (15 min) 5. COUNCIL RECAP / STAFF DIRECTION 6. 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. Distinguished Budget Presentation Award for Fiscal Year beginning October 1, 2010 by Lena Ellis, CFO, City of Fort Worth and Government Finance Officers Association National Board Member. 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 June 13, 2011. b. Consider approval of the minutes from the meeting held on August 12, 2011. c. Consider approval of Resolution 11-21, Appointing Michael Barrett to the Planning and Zoning Commission. d. Consider approval of Ordinance 660, Approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., MID-TEX DIVISION regarding the company’s Fourth Annual Rate Review Mechanism Filing in all cities exercising original jurisdiction. Page 3 of 4 e. Consider approval of Ordinance 661, Amending Chapter 2, Administration, Article V Finance, Division 2 Fees and Use Schedule, adding Section 2-182 Credit Card Processing fee. f. Consider approval of Ordinance 662, Amending Chapter 2, Administration, Article V, Finance, Division 1. Generally, Section 2-161, Signatures On Town Checks. g. Consider approval of Resolution 11-22, Authorizing the Town Manager to execute Change Orders 18 and 19 with TxDOT for structural enhancements for the FM1938 project. h. Consider approval of Resolution 11-23, Adopting the Governmental Accounting Standard Board (GASB) 54 Policy. i. Consider approval of Resolution 11-24, Accepting the Certified Property Tax Values. j. Consider approval of Ordinance 663, Amending Chapter 46, Health and Sanitation Adding Article V, Public Swimming Pool, Spa or Interactive Water Feature Rules. k. Consider approval of Ordinance 664, Amending Chapter 46, Health and Sanitation, Article III, Food, Division 2, Food Service Sanitation and Good Handling. l. Consider approval of Resolution 11-25, Amending the Fee and Use Schedule. 4. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following:   a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Rosevear and Simonetti 5. RECONVENE MEETING    6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.   7. 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 Page 4 of 4 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.   8. COUNCIL RECAP / STAFF DIRECTION     9. COUNCIL CALENDAR    - Town Offices Closed September 5, 2011 - Town Council Meeting September 12, 2011 - Texas Municipal League October 11-14, 2011, Houston 10. 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, August 24, 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 June 13, 2011. b. Consider approval of the minutes from the meeting held on August 12, 2011. c. Consider approval of Resolution 11-21, Appointing Michael Barrett to the Planning and Zoning Commission. d. Consider approval of Ordinance 660, Approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., MID-TEX DIVISION regarding the company’s Fourth Annual Rate Review Mechanism Filing in all cities exercising original jurisdiction. e. Consider approval of Ordinance 661, Amending Chapter 2, Administration, Article V Finance, Division 2 Fees and Use Schedule, adding Section 2-182 Credit Card Processing fee. f. Consider approval of Ordinance 662, Amending Chapter 2, Administration, Article V, Finance, Division 1. Generally, Section 2-161, Signatures On Town Checks. g. Consider approval of Resolution 11-22, Authorizing the Town Manager to execute Change Orders 18 and 19 with TxDOT for structural enhancements for the FM1938 project. h. Consider approval of Resolution 11-23, Adopting the Governmental Accounting Standard Board (GASB) 54 Policy. i. Consider approval of Resolution 11-24, Accepting the Certified Property Tax Values. j. Consider approval of Ordinance 663, Amending Chapter 46, Health and Sanitation Adding Article V, Public Swimming Pool, Spa or Interactive Water Feature Rules. k. Consider approval of Ordinance 664, Amending Chapter 46, Health and Sanitation, Article III, Food, Division 2, Food Service Sanitation and Good Handling l. Consider approval of Resolution 11-25, Amending the Fee Schedule. Town of Westlake Item # 3 –   Review of Consent  Agenda Items  DISCUSSION ITEMS a. Discussion and overview of SB 100 regarding elections (30 min) b. Discussion and follow-up regarding the FY 2011-2012 budget. (15 min) Town of Westlake Item # 4 –   Discussion Items  Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Secretary’s Office Meeting Date: August 29, 2011 Staff Contact: Kelly Edwards Discussion Town Secretary Subject: Discussion and overview of SB 100 regarding elections. EXECUTIVE SUMMARY Gov. Rick Perry signed Senate Bill 100 on June 17, 2011. The legislation adjusted the dates of the general primary election and primary runoff election in order to bring Texas into compliance with the U.S. Military and Overseas Voter Empowerment (MOVE) Act, allowing more time for overseas voters, particularly military personnel, to vote. Unfortunately, this bill negatively impacts municipal elections. Due to the change in dates, there is a potential overlap between dates for Primary runoff voting (May 22 in 2012) and May municipal elections (May 12 in 2012). With early voting, there will be an overlap in voting times. Because of this overlap, SB 100 removes the requirements that counties participate in joint elections on even numbered years. SB 100 allows cities to change their general election date from May to November. This bill also provides that cities may change the terms for council members in order to continue conducting elections on the May uniform date in odd numbered years only. The law authorizes a general law city with a term of office of one or three years to adopt a resolution by December 31, 2012 changing the length of the term of office to two years; and/or authorizes a general law city with staggered terms of office for members of the city council to cancel its staggered terms by adopting a resolution by December 31, 2012 providing for the election of all members of the governing body at the same election. The Council has until December 31, 2012, to decide whether to change Westlake’s election date and/or term lengths. Options  Change the election date for municipal elections to November  Continue with the two year terms so that elections could continue in May, but only occur in odd numbered years  Hold municipal elections on our own, bearing all cost At the time the law was passed, it was assumed that joint elections in May would not occur if the counties were not required to engage in such elections. However, two of our surrounding counties have agreed to hold joint elections even though they are not required to do so – Dallas Page 2 of 2 and Denton counties. We find this development to be very encouraging but at this point, Tarrant County has not agreed to hold joint elections. Westlake is located in Denton and Tarrant County. Currently we have 5 registered voters in Denton County. The Election Administrator in Denton County has agreed to continue contracting with municipalities and ISDs which in turn continues to allow us to contract with them for a May election. Currently the Election Administrator in Tarrant County has stated they are unable to contract in May due to the overlapping dates with the Primary election. Tarrant County held a meeting on August 10, 2011, to discuss the current issues. The Tarrant County Commissioners met on Tuesday, August 30, 2011, to consider possible options as presented during the August 10th meeting by municipalities and school districts to continue joint elections on the May Uniform Election date. 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/ OPTIONS No action required, report presented for Council information and discussion. ATTACHMENTS None Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: August 29, 2011 Staff Contact: Tom Brymer Discussion Town Manager Subject: Discussion of Proposed FY 2011-12 Municipal Budget EXECUTIVE SUMMARY The Proposed FY 2011-12 Budget for the Town of Westlake was presented and reviewed with the Town Council in a budget workshop retreat on August 12, 2011. The total budget proposed for the Town for FY 2011-12 is $19.9 million, all funds (including Westlake Academy). 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/ OPTIONS Since the FY 11-12 Proposed Town Budget was reviewed in detail with the Town Council on August 12th, staff recommends that at this meeting providing the Council with any additional information requested on August 12th and answer any follow-up questions the Council may have. ATTACHMENTS None. The FY 2011-12 Proposed Budget was delivered last week to Council under separate cover. It has been posted on the Town website as well for public review. COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 5   Council Recap /   Staff Direction  Town of Westlake Item # 6 –  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. Distinguished Budget Presentation Award for Fiscal Year beginning October 1, 2010 by Lena Ellis, CFO, City of Fort Worth and Government Finance Officers Association National Board Member.   Town of Westlake Item # 2 – Citizen’s  Presentations and  recognitions  CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on June 13, 2011. b. Consider approval of the minutes from the meeting held on August 12, 2011. c. Consider approval of Resolution 11-21, Appointing Michael Barrett to the Planning and Zoning Commission. d. Consider approval of Ordinance 660, Approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., MID-TEX DIVISION regarding the company’s Fourth Annual Rate Review Mechanism Filing in all cities exercising original jurisdiction. e. Consider approval of Ordinance 661, Amending Chapter 2, Administration, Article V Finance, Division 2 Fees and Use Schedule, adding Section 2-182 Credit Card Processing fee. f. Consider approval of Ordinance 662, Amending Chapter 2, Administration, Article V, Finance, Division 1. Generally, Section 2-161, Signatures On Town Checks. g. Consider approval of Resolution 11-22, Authorizing the Town Manager to execute Change Orders 18 and 19 with TxDOT for structural enhancements for the FM1938 project. h. Consider approval of Resolution 11-23, Adopting the Governmental Accounting Standard Board (GASB) 54 Policy. i. Consider approval of Resolution 11-24, Accepting the Certified Property Tax Values. j. Consider approval of Ordinance 663, Amending Chapter 46, Health and Sanitation Adding Article V, Public Swimming Pool, Spa or Interactive Water Feature Rules. k. Consider approval of Ordinance 664, Amending Chapter 46, Health and Sanitation, Article III, Food, Division 2, Food Service Sanitation and Good Handling l. Consider approval of Resolution 11-25, Amending the Fee Schedule. Town of Westlake Item # 3 ‐ Consent  Agenda Items  Town Council Minutes 06/13/11 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING June 13, 2011 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon, David Levitan and Rick Rennhack. ABSENT: 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, Public Works Director Jarrod Greenwood, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, and Facilities and Recreation Director Troy Meyer. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 4:34 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JUNE 13, 2011, REGULAR MEETING. Town Engineer Jeff Winkler provided an overview of the item g regarding the paving and drainage bids. Discussion ensued regarding Item g - the price, the project approved in the Capital Improvements Plan, the difference of the cost of the 2” and 4” paving benefits, the Town Council Minutes 06/13/11 Page 2 of 6 difference in pricing of materials, and previous construction standards and previous maintenance of the roads. Discussion ensued regarding Item e - Charter servicing the Deloitte campus, possible service for the Academy and Municipal offices, and opportunities for additional service to residents. Discussion ensued regarding Item h – the methodology used to calculate the Frac water usage fee, impact fees, fees charged by the surrounding communities, and increasing the proposed Frac rate. 4. DISCUSSION ITEMS a. Report and Presentation from the President of the Westlake Historical Preservation Society Regarding FY 10/11 accomplishments and FY 11/12 Plans, Including a Proposed Historical Marker Master Plan. President Elect, Bert Schultz, provided a presentation and overview of the past years activities which include the museum window exhibits, living history presentations and annual events. Mr. Shultz also provided an overview of the proposed Historical Mark Plan and list of proposed sites that have been identified by the Board. Discussion ensued regarding funding for the program and the cost of the marker. Council Member Brittan acknowledged and thanked Mrs. Sharon Sanden for all her work and support with the Historical board. b. Discussion regarding the Annual Affiliate Board Appointments. Discussion ensued regarding the Council’s role in appointing members to affiliate boards and the applications presented. c. Discussion of a proposed Parkland Dedication and fee ordinance. Facilities and Recreation Director Troy Meyer and Planning and Development Director Eddie Edwards provided an overview of the proposed ordinance. Discussion ensued regarding the parkland requirements of the surrounding communities, implications of the proposed ordinance with the current Planned Development zoning, the in-lieu fee, residential and commercial requirements per dwelling or acre and the impact of the requirements on the property owner. Town Council Minutes 06/13/11 Page 3 of 6 d. Discussion of Follow-up Items from May 20, 2011 Strategic Planning Retreat. Special Projects and Municipal Court Administrator DeGan provided an overview of the current and proposed statement as drafted from discussion during the May Strategic Planning meeting. Discussion ensued regarding rewording the current the mission / vision statements, the current Comprehensive Plan Vision Statement and how the statement should collaborate with both the Strategic Plan and Balanced Scorecard. The Council tabled this item for future discussion. 5. COUNCIL RECAP / STAFF DIRECTION The Council asked for additional information on Parkland Dedication requirements such as a review other cities, and the total number of acres located in the flood plain. To increase the proposed Frac fee to a 2/3 probability. Schedule an additional Strategic Planning workshop to review the proposed mission / vision statement. 6. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 7:03 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:21 p.m. with all Council Members present. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS Presentation by Bert Shultz from the Westlake Historical Preservation Society. Mr. Bert Shultz, President Elect, thanked the former Historical Preservation Society members for their service and traditions they set forth. Mr. Shultz presented the Historical Preservation Society Roll of Honor plaque and read the names for the record. Town Council Minutes 06/13/11 Page 4 of 6 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on April 25, 2011 b. Consider approval of the minutes from the meeting held on May 9, 2011. c. Consider approval of the minutes from the meeting held on May 23, 2011. d. Consider approval of Resolution 11-16, Authorizing the Town Manager to execute Amendment No. 1 to the Local Transportation Project Advance Funding Agreement with the Texas Department Of Transportation (Txdot), relating to the review of a preliminary engineering study for the extension of FM 1938 from FM 1709 to SH 114. e. Consider approval of Resolution 11-17, Authorizing the Town Manager to negotiate and enter into an agreement with Charter Communications, for the use of the Town’s telecommunication ductbank. f. Consider approval of Resolution 11-18, Approving a Historical Marker Master Plan. g. Consider approval of Resolution 11-19, Authorizing the Town Manager to execute a contract with Lane Construction for Mahotea Boone Trail and Aspen Lane Paving and Drainage Construction related to the adopted Capital Improvement Plan. h. Consider approval of Ordnance 659, Amending the Water/Waste Water rates and Tap Fee schedule by establishing a new Frac Water rate schedule. MOTION: Council Member Langdon made a motion to approve the consent agenda with revisions as discussed during the workshop. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. 4. CONSIDERATION AND DISCUSSION TO ELECT A MAYOR PRO TEMPORE. MOTION: Council Member Cox made a motion to nominate Council Member Langdon to serve as Mayor Pro Tempore. Council Member Brittan seconded the motion. The motion carried by a vote 5-0. 5. CONSIDERATION AND DISCUSSION OF RESOLUTION 11-20, APPOINTING AND REAPPOINTING MEMBERS TO THE HISTORICAL PRESERVATION SOCIETY, PLANNING AND ZONING COMMISSION, PUBLIC ART SOCIETY, TEXAS STUDENT HOUSING AUTHORITY AND ENTITIES, AND WESTLAKE ACADEMY FOUNDATION. MOTION: Council Member Brittan made a motion to approve Resolution 11- 20, with the revisions as discussed during the workshop. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 06/13/11 Page 5 of 6 6. EXECUTIVE SESSION The Council convened into executive session at 7:32 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. 7. RECONVENE MEETING    Mayor Wheat reconvened the meeting at 7:46 p.m.   8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. ‐ No action taken. 9. FUTURE AGENDA ITEMS  ‐ None      10. COUNCIL RECAP / STAFF DIRECTION   ‐ None 11. COUNCIL CALENDAR    - Town Offices Closed July 4, 2011 - Fire Station Open House/BBQ June 25, 2011 (5:30 - 7:30 pm) - Municipal Budget Workshop August 12, 2011 (9:00 - 4:00 p.m.) - Town Council Meeting August 29, 2011 Town Council Minutes 06/13/11 Page 6 of 6 12. ADJOURNMENT  There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:49 p.m. APPROVED BY THE TOWN COUNCIL AUGUST 28, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 12, 2011 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon David Levitan and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Director of Communications & Community Affairs Ginger Awtry, Fire Chief Richard Whitten, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Human Resources and Administrative Services Todd Wood, Facilities and Recreation Director Troy Meyer, Director of Public Works Jarrod Greenwood and Management Intern Scot Dixon. Workshop Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 9:16 a.m. 2. DISCUSSION OF THE PROPOSED MUNICIPAL BUDGET FOR FISCAL YEAR 2011-2012, AND THE PROPOSED CAPITAL IMPROVEMENT PLAN. Town Manager Brymer provided an overview of the proposed budget. Reviewing the accomplishments Budget theme “Investing in Our Future” Discussion ensued regarding the investment in service delivery sustainability, sales tax regression analysis and the timeframe of audit payments, water rates and how the trends effect the cost for residents, funding from TSHA, various projects listed in the Capital Improvement Plan, the five year forecast, establishing a sinking fund for the replacement of rolling stock and technology. 3. ADJOURNMENT Mayor Wheat adjourned the meeting at 12:37 p.m. APPROVED BY THE TOWN COUNCIL SEPTEMBER 12, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Secretary’s Office Meeting Date: August 29, 2011 Staff Contact: Kelly Edwards Consent Town Secretary Subject: Consider a Resolution appointing a new member to the Planning and Zoning Commission. EXECUTIVE SUMMARY Mrs. Sharon Sanden has decided to step down from the Planning and Zoning Commission after many years of service. Mr. Barrett will file the position currently held by Mrs. Sanden. 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/ OPTIONS Approval of the applicant and resolution ATTACHMENTS Mr. Barrett’s application Resolution Resolution 11-21 Page 1 of 1 TOWN OF WESTLAKE RESOLUTION NO. 11-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE PLANNING AND ZONING COMMISSION. WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the Town Council has determined to appoint Mr. Barrett to the Planning and Zoning Commission; 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 Westlake Planning and Zoning Commission for the term noted below: Michael Barrett- term expiring June 2013. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29th DAY OF AUGUST 2011. ___________________________________ ATTEST: Laura Wheat, Mayor ______________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: August 29, 2011 Staff Contact: Tom Brymer Consent Town Manager Subject: Consideration and Discussion of an Ordinance Approving Rates and a Settlement Agreement with Atmos Mid-Tex. EXECUTIVE SUMMARY Most municipalities have retained original jurisdiction over gas utility rates and services within their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates it charges its customers in the only way that cities can insure that natural gas rates are equitable and competitive. Working as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than each city could do acting alone. Cities have more than 100 years experience in regulating natural gas rates in Texas. Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented without passage of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rate tariffs (“Attachment A”) that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee and Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company’s requested $15.7 million RRM increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program approved by ACSC Cities in 2010. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex’s revenues effective September 1, 2011. Additional details regarding this rate case are found in the attached staff report. APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning FISCAL IMPACT Funded Not Funded N/A This RRM increase is for $6.6 million system wide, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program Page 2 of 2 approved by ACSC Cities in 2010. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex’s revenues effective September 1, 2011. The Settlement Agreement approved by the Town in 2010 contemplated those incremental revenues to cover future steel service line replacement costs would be recovered through customer charges. Consistent with that approach, the $6.6 million in additional revenues to be recovered following passage of the Ordinance is accomplished by increasing customer charges. The tariffs to be approved by the Ordinance set monthly customer charges at $7.50 and $16.75 for residential and commercial customers, respectively. The commodity portion of the commercial rate will decline slightly from existing rates. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Town Staff and the ACSC Executive Committee, as well as ACSC lawyers and rate consultants, recommend approval of this Ordinance. ATTACHMENTS 1.) Staff report on the negotiated settlement of this Atmos rate case. 2.) Ordinance Approving Recommended Rate Increase for Atmos 3.) Frequently Asked Questions About the ACSC and RRM Rate Making Process 1327115/Atmos Mid-Tex RRM-4 Ordinance Staff Report 1 STAFF REPORT The Town, along with approximately 154 other cities served by Atmos Energy Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”). On or about April 1, 2011, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the fourth annual RRM filing. The Atmos Mid-Tex RRM filing sought a $15.7 million rate increase. The Town worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate and RRM tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC’s RRM filing. The Ordinance resolves the Company’s RRM filing by authorizing supplemental revenue of $6.6 million to be recovered through the customer charge component of rates to cover direct incremental costs associated with a steel service line replacement program approved as part of last year’s rate adjustment. All other relief requested by Atmos Mid-Tex is denied. The ACSC Settlement Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change. RRM Background: The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. Atmos Mid-Tex’s current action represents an extension to the three-year trial project known as the Rate Review Mechanism (“RRM”) process. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and did not allow participation by cities or recovery of cities’ rate case expenses. The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings during the three-year trial period specified by the tariff. Purpose of the Ordinance: Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented without passage of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rate tariffs (“Attachment A”) that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee and Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company’s requested $15.7 million RRM increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program approved by ACSC Cities 1327115/Atmos Mid-Tex RRM-4 Ordinance Staff Report 2 in 2010. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex’s revenues effective September 1, 2011. Reasons Justifying Approval of the Negotiated Resolution: During the time that the Town has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company’s requested rate increase. While the evidence does not support the $15.7 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of $6.6 million, a result consistent with Cities’ approval of a steel service line replacement program last year. The agreement on $6.6 million is a compromise between the positions of the parties. The Settlement Agreement of 2010 which included an extension of the RRM process, included an allowance for recovery of direct costs, excluding overheads, of the steel service line replacement program. Current year recovery factors of $00.15 for residential customers and $00.41 for commercial customers per month were authorized last year. The 2010 Settlement Agreement contemplated that the steel service line replacement program would be adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for commercial customers. The increase in this case is consistent with the caps contemplated last year for the steel service line replacement program, and nothing more. The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission on the Company’s current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Settlement Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. Steel Service Line Replacement: Under pressure from the Railroad Commission to establish a comprehensive program to replace service lines that contain steel which is subject to corrosion and leaks, ACSC worked with Atmos Mid-Tex in 2010 to establish a risk based approach to steel service line replacement that accomplishes the following goals: 1. Replace all service lines throughout the Mid-Tex Region with the highest degree of risk within two years; 2. Coordination between ACSC city members and Atmos Mid-Tex to minimize disruption of rights of way without compromising safety; 3. To minimize and spread the rate impact on customers of the replacement program, the service lines with little relative risk of leaks should be replaced over a 10-year period; and 4. Current recovery of incremental (above and beyond normal maintenance and repair addressed in RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of service line replacement should be permitted as an adder to customer charges. 1327115/Atmos Mid-Tex RRM-4 Ordinance Staff Report 3 Fulfillment of these goals in the 2010 case led to $00.15 and $00.41 added to residential and commercial customer charges, respectively. The annual customer charge adder to cover the steel service line replacement program may not exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the entry of a Final Order in the next system-wide Statement of Intent rate proceeding. Changes to Customer Charges: The Settlement Agreement approved in 2010 contemplated that incremental revenues to cover future steel service line replacement costs would be recovered through customer charges. Consistent with that approach, the $6.6 million in additional revenues to be recovered following passage of the Ordinance is accomplished by increasing customer charges. The tariffs to be approved by the Ordinance set monthly customer charges at $7.50 and $16.75 for residential and commercial customers, respectively. The commodity portion of the commercial rate will decline slightly from existing rates. Explanation of “Be It Ordained” Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section requires the Company to reimburse ACSC for reasonable rate making costs associated with reviewing and processing the RRM application. 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 7. This section provides for an effective date upon passage. 8. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. Ordinance 660 Page 1 of 3 ORDINANCE NO. 660 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, (“TOWN”) APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC” OR “STEERING COMMITTEE”) AND ATMOS ENERGY CORP., MID-TEX DIVISION (“ATMOS MID-TEX” OR “COMPANY”) REGARDING THE COMPANY’S FOURTH ANNUAL RATE REVIEW MECHANISM (“RRM”) FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL. WHEREAS, the Town of Westlake, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “ Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”), a coalition of approximately 154 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as “ACSC Cities”); and WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process controlled in a three-year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities’ reasonable expenses associated with RRM applications; and WHEREAS, the Steering Committee and Atmos Mid-Tex agreed to extend the RRM process in reaching a settlement in 2010 on the third RRM filing; and Ordinance 660 Page 2 of 3 WHEREAS, on or about April 1, 2011, the Company filed with the town its fourth annual RRM filing, requesting to increase natural gas base rates by $15.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing by designating a Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC in the Company’s RRM filing; and WHEREAS, independent analysis by ACSC’s rate expert concluded that Atmos Mid- Tex is unable to justify an increase over current rates except for undisputed costs of $6.6 million to cover the steel service line replacement program initiated in 2010; and WHEREAS, the ACSC Settlement Committee, as well as ACSC lawyers and consultants, recommend that ACSC Cities approve the attached rate tariffs (“Attachment A” to this Ordinance), which will increase the Company’s revenue requirement by $6.6 million to extend current recovery of incremental direct costs of the steel service line replacement program authorized by ACSC Cities in ordinances passed in 2010; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Section 1: That the findings set forth in this Ordinance are hereby in all things approved. Section 2: That the Town Council finds the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as Attachment A, are just and reasonable and are hereby adopted. Section 3: That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company’s rate application. Section 4: That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5: That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6: That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Ordinance 660 Page 3 of 3 Section 7: That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after September 1, 2011. Section 8: That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED ON THIS 29th DAY OF AUGUST 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney August 1, 2011 FREQUENTLY ASKED QUESTIONS REGARDING ACSC AND THE RRM RATEMAKING PROCESS What is the Role of Cities in Ratemaking? Cities have historically exercised original jurisdiction over the level of gas rates charged within their boundaries. Generally, gas distribution utilities have filed rate cases at the city level and only gone to the Railroad Commission of Texas (“RRC”) with an appeal of city action or if they cannot reach a settlement with cities. If a utility and cities reach an agreement, the utility may then file a case at the RRC to implement the same rates approved by cities in areas outside municipal boundaries. Once a case is at the RRC, the Commission Staff generally expects cities to intervene and do most of the discovery, sponsor opposing witnesses, and do most of the cross-examination and briefing. There is no consumer advocate at the RRC. If cities do not participate in hearings at the RRC, the request of a regulated utility is likely to be rubber-stamped. What is the background to the creation of the Atmos Cities’ Steering Committee? The Atmos pipeline and distribution systems were built, owned and operated by Lone Star Gas (“LSG”) which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities (“TXU”) in the late 1990’s. That meant that many cities had their own unique distribution rates and that individual cities had to process rate cases at the local level. LSG- Pipeline served all 200-plus distribution systems and pipeline rates were set by the RRC. From the early 1980’s through the late 1990’s, LSG filed no pipeline or system-wide rate case at the RRC. When LSG was finally brought before the RRC to show cause why its rates should not be reduced, approximately 80 cities intervened and created an ad hoc group known as the Steering Committee of Cities Served by Lone Star. TXU purchased the LSG assets in the late 1990’s and immediately commenced consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, cities within each region created an ad hoc committee to form a common strategy and negotiating position. Once TXU had aggregated the cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas Company filed a system-wide case to bring all of the old LSG territory under one common rate. The different city regional committees then united and formed the Allied Coalition of Cities (“ACC”). While the gas utility assets were owned and controlled by TXU, the Steering Committee transformed itself from an ad hoc group that came together only in response to rate filings by the utility into a permanent standing committee. In Gas Utilities Docket (“GUD”) No. 9400 in 2004, TXU’s request for a $61.6 million system-wide increase was aggressively opposed by ACC. The Company received only a $2.01 million increase. Unhappy with that result, TXU decided that owning a gas system was neither as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos Energy Corporation (“Atmos” or “Company”). ACC was then transformed into the Steering 2 2557/15/1348026 Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain an easy to remember acronym, “ACSC”. What is the Atmos Cities Steering Committee? ACSC is a coalition of 154 cities that unite in common purpose to address gas utility rate and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility rates charged to cities and their residents are fair and reasonable; (2) maintain reasonable franchise fee revenues for cities; (3) protect cities’ original jurisdiction over rates and services; (4) be a voice for consumers where no state agency assumes such a role; and (5) promote sound ratemaking policy in the public interest. Cities join the permanent standing committee by passing a resolution and agreeing to support the work of ACSC through modest occasional per capita assessments which support ongoing administrative and legislative advocacy and all expenses where cities are not entitled to reimbursement. Each member city designates a representative to ACSC. Member representatives may volunteer to serve on the ACSC Executive Committee or Settlement Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs litigation, establishes a legislative agenda, sets assessments on members as needed and meets quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating resolution of contested matters with Atmos executives. The list of current members is attached. What is the benefit of membership in ACSC? One hundred fifty-four cities speaking as one voice is much more effective in advocacy before the Railroad Commission and legislature than any one city or multiple small groups of cities. The legislature has given gas utilities a right to an annual increase in rates. Resources (both financial and human) of individual cities are conserved by membership in ACSC. Additionally, membership enhances institutional memory of ratemaking issues, public policy debates, and right-of-way and franchise fee battles. What has ACSC accomplished? Going into the legislative session, ACSC in December 2010 released a 48-page report, “Natural Gas Consumers and the Texas Railroad Commission.” More than 200 television, newspaper and radio news sites posted information on and a link to the report which may be found on ACSC’s website, TexasGasConsumers.org. Earlier in 2010, ACSC representatives visited on several occasions with the Sunset Commission Staff, and several ACSC recommendations for reform were included in the Sunset Commission Report on the Railroad Commission, delivered to the legislature’s Sunset Committee prior to public hearings on the agency. Several ACSC member representatives testified before the legislature regarding reforms needed at the Railroad Commission. 3 2557/15/1348026 During the most recent legislative session, lobbying efforts by ACSC were critical in killing two gas utility bills that would have undermined traditional regulation, deprived cities of certain rights, and led to even greater rate increases. In the last 12 months, ACSC has resolved a major issue involving franchise fees. Atmos unilaterally, with notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of whether specific franchises included such payments. Several cities were willing to pursue the matter through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each member city to determine whether it desired an increase in franchise fee payments based on inclusion of franchise fees in the calculation of gross receipts. If a city opted for inclusion of fee-on-fee revenues, it had the further option of retroactive payments back to the point in time that Atmos decided to curtail fee-on-fee payments. Each member had these options regardless of the wording of the then valid franchise agreement. This resolution spared significant litigation costs and anxiety and was only possible because of the clout of the ACSC membership. One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of the then pending system-wide rate case. Approximately 50 ACSC city representatives showed up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to Atmos practices, the unfairness of annual Gas Reliability Infrastructure Program (“GRIP”) rate filings that precluded city and citizen review, and the Company’s lack of coordination with cities. That meeting led to the creation of the Rate Review Mechanism (“RRM”) process and greater ongoing communication between the Company and ACSC. Last year, ongoing communications between ACSC and the Company led to a workable solution to the need to replace steel service lines in a manner that accommodated city needs to control their rights-of-way, while moderating the rate impact and focusing first on the riskiest service lines based on leak repair histories. This compromise precluded a more onerous (from a city and consumer perspective) program threatened by the RRC. What is a RRM case? The concept of a RRM proceeding emerged as a three-year experimental substitute for GRIP cases as part of the settlement of Atmos Mid-Tex’s 2007 system-wide rate case. In 2003, the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to recover changes to invested capital without a review of whether increased revenues or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex filed GRIP cases as soon as the RRC adopted rules to implement the interim adjustments. As explained below, it quickly became apparent that the GRIP adjustments were terrible public policy. As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all portions of Mid-Tex’s cost of service. It fixed an authorized rate of return on equity for the three-year period at 9.6% (which was less than what the RRC would have authorized) and set 4 2557/15/1348026 caps on the extent to which expenses or investments could increase from one year to the next. More importantly, it allowed cities to make a comprehensive evaluation of all aspects of the utility business—investment, operation and maintenance expenses and revenues—unlike GRIP which only allows consideration of changes to invested capital. Why is RRM superior to GRIP? The GRIP cases are one-sided guarantees of a rubber-stamp of the utility’s rate request. ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos Mid-Tex at the RRC. Not only were cities’ motions to intervene denied, but also, ACSC’s comments were ignored. At the city level, ACSC consultants determined that Atmos was not only including items such as artwork, chairs, computers and meals in interim rate adjustments that were allegedly intended to promote pipeline safety, but also the Company was over-earning its previously authorized rate of return. ACSC attacked the Commission’s rule in court because it denied city participation, denied a hearing on a contested matter, and denied cities’ recovery of any expenses associated with resisting GRIP rate increases. The courts have not been helpful to cities, although the matter has now been set for hearing before the Texas Supreme Court on September 15, 2011. Cities have contended that GRIP is terrible public policy since it authorizes what would from a history of public interest regulation be regarded as unlawful—piecemeal ratemaking. GRIP allows rates to increase if the utility’s invested capital net of depreciation increases year- over-year. An increase in rates is mandated under GRIP if investment increases, even if increasing revenues and declining expenses more than offset the costs associated with increased investment. The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by providing for a comprehensive review of Atmos’ expenses and revenues. Furthermore, RRM benefits ACSC by: (1) allowing cities participation that would be denied under GRIP; (2) allowing cities to recover, at utility shareholder expense, all their ratemaking costs; and (3) avoiding both litigation and RRC jurisdiction. The legislature has functionally authorized annual increases in gas utility rates through the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have cities participating in the comprehensive RRM process than unable to participate in a piecemeal process. What has been the history of the RRM efforts? In 2010, ACSC, in settling the third RRM proceeding, agreed to a slight modification and extension of the process. A settlement of the fourth annual RRM is now pending before ACSC members. The results of the four RRM proceedings are as follows: RRM Filing Year Atmos Request ACSC Settlement #1 2008 $33.5 million $20 million #2 2009 $20.2 million $2.6 million #3 2010 $70.2 million $27 million #4 2011 $15.7 million $6.6 million (pending) 5 2557/15/1348026 These results are better for cities and consumers than would have been authorized by the RRC under the GRIP process. What is the future of the RRM process? The settlement of the fourth RRM filing anticipates ACSC and Atmos working between August and December to refine the RRM process. If agreement on a new process is reached, Atmos will file another RRM case next April. If no agreement can be reached on the RRM process by the end of this year, Atmos Mid-Tex will file a system-wide traditional rate case in January 2012. If you have other questions please contact me at (512) 322-5875 and/or ggay@lglawfirm.com. Geoffrey Gay ACSC, General Counsel Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Finance Department Meeting Date: August 29, 2011 Staff Contact: Debbie Piper Consent Finance Director Subject: An Ordinance of the Town of Westlake, Texas amending Chapter 2, Administration, Article V, Finance, Division 1. Generally, establishing Section 2-162, a Credit Card Processing or Handling Fee. Providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. EXECUTIVE SUMMARY In an effort to achieve one of the outcome strategies noted in the Town’s Strategic Plan related to our Vision Point – Hospitality Finds its Home in Westlake, we have reviewed several ways to use technology to enhance service delivery and citizen engagement. To accommodate our citizens with various payments to the Town, we are implementing an online UB “Customer Information System” and internet credit card payment processing system. With this enhancement to our existing finance software from Stw, Inc., citizens will have the capability to access utility information (on-line) and the ability to make payments on line, via credit card or bank draft. Below is a list of the new services we will be able to provide to our citizens related to their utility bills:  Ability to receive their bill via email in a PDF file  Customer ability to enroll for ACH payment  Customer ability to store a credit card, and setup recurring automatic payments. o Information is stored on a separate secured server maintained by Authorize.net o Credit card and bank information is masked after initial entry (employees do not have access to this information)  Customer ability to setup and receive email notifications for payment reminder and cut off list notice.  Customer ability to send information to the Utility Billing office which can be converted to a work order. We anticipate a large response to this service and hope to alleviate a large portion of the approximate 450 payments we are currently receiving which are manually opened, deposited and processed through our accounting system. A terminal will be positioned at the Town offices for citizens who want to come in to make these payments with a credit card. In addition to utility payments, we will be able to take credit card payments for any other municipal fee, fine or other charge at the front window. We are in the Page 2 of 2 process of working towards on-line payments for all other fees, fines or charges and will bring information to the Council in the fall of this year regarding implementation of that service. The municipal court is already set up with these capabilities and is charging a 5% processing/ handling fee. Along with these credit card services, we have determined that providing these services is not feasible without the imposition of a charge designed to recover the costs directly and reasonably incurred in providing this service. Our research has shown that the additional expenses incurred by the Town for offering this service for utility billing is significantly less than for other municipal fees and charges. We are proposing a 3% processing or handling fee for utility billing and 5% on all other municipal fees, fines and charges that are processed. 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 Funds are available for the module, software and terminals and will be allocated between the Utility Fund and General Fund. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Adopt an Ordinance of the Town of Westlake, Texas amending Chapter 2, Administration, Article V, Finance, Division 1. Generally, establishing Section 2-162, a Credit Card Processing or Handling Fee. Providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. ATTACHMENTS Ordinance Ordinance 661 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 661 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, FINANCE, DIVISION 1. GENERALLY, ESTABLISHING SECTION 2-162, A CREDIT CARD PROCESSING OR HANDLING FEE. PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Chapter 132 of the Local Government Code authorizes municipalities to collect a fee for processing or handling at the point of sale for the use of a credit card to pay a municipal fee, fine or other charge, said amount being reasonably related to the expense incurred in processing or handling the credit card payment, not to exceed five percent (5%) of the amount of the fee, fine, court cost or other charge (“Fee”); and WHEREAS, Chapter 132 of the Local Government Code further authorizes municipalities to collect a service charge if, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, said amount being equivalent to that charged for the collection of a check drawn on an account with insufficient funds (“Service Charge”); and WHEREAS, Chapter 132 of the Local Government Code also authorizes municipalities to charge a reasonable fee designed to recover the costs incurred in providing through the internet: access to information, collection of payments for taxes, fines, fees or other charges; or other services authorized by law; and WHEREAS, Chapter 132 of the Local Government Code also allows municipalities to contract with a vendor to provide access, collect payments or provide authorized services; and WHEREAS, the Town Council of Westlake (“Town Council”) has determined that the Town of Westlake, Texas (“Town”) receives many requests to pay for municipal fees, fines and other charges through the use of a credit card; and WHEREAS, the Town Council has determined that it is in the best interest of the Town and its citizens to allow individuals to pay for municipal fees, fines and other charges through the use of a credit card; and WHEREAS, the Town Council has determined that allowing the payment of municipal fees, fines and other charges through the use of a credit card requires the Town to incur additional expenses for offering this service; and WHEREAS, the Town Council has determined that it would be beneficial to the citizens of the Town to provide access to information, collect payments of taxes, fines, fees or other charges, or other municipal services authorized by law through the internet; and Ordinance 661 Page 2 of 3 WHEREAS, the Town Council has determined that providing the access to information, collect payments of taxes, fines, fees or other charges, or other municipal services authorized by law through the internet is not feasible without the imposition of a charge designed to recover the costs directly and reasonably incurred in providing the access or service; and WHEREAS, the Town Council has determined that the additional expenses incurred by the Town for offering this service will be significantly less for payment of charges commonly found on utility bills by credit card, as opposed to the payment of all other municipal fees, fines or other charges by credit card; and WHEREAS, as a result of this discrepancy between utility bills and all other municipal fees, fines and other charges, the Town Council has determined that it is in the best interest of the Town to collect one processing and handling fee for the payment of utility bills, by credit card, and another processing and handling fee for payment of all other municipal fees, fines and other charges, by credit card; and WHEREAS, the Town Council has determined that it is in the best interest of the Town and its citizens to charge the Fee and Service Charge, if necessary, to offset the cost of providing this service of convenience as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 2, Administration, Article V, Finance, Division 1. Generally, Section 2-162, Credit Card Processing and Handling Fee. The Town of Westlake Code of Ordinances is hereby amended as follows. Sec 2-162: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Sec 2-163: Establishment of Processing or Handling Fee. A processing or handling fee of three percent (3%) is hereby established to be charged by the Town at the point of sale for processing or handling each time a credit card is used to pay a utility bill. For the purposes of this Ordinance, a utility bill includes those charges commonly found on a Town utility bill, including but not limited to charges associated with water, sewer, trash, storm drainage and optional donations. A processing or handling fee of five percent (5%) is hereby established to be charged by the Town at the point of sale for processing or handling each time a credit card is used to pay all other municipal fees, fines or other charges. The Town Council finds that said amounts are reasonably related to the expense incurred by the Town in processing or handling the credit card payment. Sec 2-164: Establishment of Service Charge. A service charge in an amount equivalent to that charged for the collection of a check drawn on an account with insufficient Ordinance 661 Page 3 of 3 funds is hereby established to be charged by the Town if, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn. Sec. 2-165 – 2-180 reserved. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED ON THIS 29th DAY OF AUGUST 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Finance Department Meeting Date: August 29, 2011 Staff Contact: Debbie Piper Consent Finance Director Subject: An Ordinance of the Town of Westlake amending Chapter 2, Administration, Article V, Finance, Division 1. Generally, Section 2-161, signatures on town checks providing a cumulative clause; providing a severability clause; providing a savings clause; and establishing an effective date. EXECUTIVE SUMMARY In an effort to bring our Code of Ordinances up to date with our current practices, we are requesting the amendment of this ordinance to change the amount of the required two (2) signatures on checks to all checks greater than $10,000 (as is currently the practice) from the $1,000 noted in our Code. 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/ OPTIONS Amendment of the Ordinance changing the amount of the required two signatures from $1,000 to $10,000. ATTACHMENTS Ordinance Ordinance 662 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 662 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, FINANCE, DIVISION 1. GENERALLY, SECTION 2-161, SIGNATURES ON TOWN CHECKS PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary to amended the amount of a check drawn on any town account and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 2, Administration, Article V, Finance, Division 1. Generally, Section 2-161. Signatures on Town checks of the Town of Westlake Code of Ordinances, as amended, are hereby amended as follows. Sec. 2-162. Signature on town checks All checks of more than $10,000.00 that are drawn on any of the town’s accounts require two signatures. Secs. 2-1622-108. Reserved. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake Ordinance 662 Page 2 of 2 without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 29th DAY OF AUGUST 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Public Works Meeting Date: August 29, 2011 Staff Contact: Jarrod Greenwood Public Works Director Consent Subject: Consider a resolution authorizing the Town Manager to execute Advanced Funding Agreements for Change Order numbers 18 and 19 with the Texas Department of Transportation for enhancements related to FM 1938 construction. EXECUTIVE SUMMARY FM 1938 is a major TxDOT project supported by Westlake, Keller, Southlake, and Tarrant County as a regional effort to facilitate the growing traffic congestion on residential streets. The current phase of the project began in June 2010 and extends south from the existing Precinct Line Road Bridge at Hwy 114 in Westlake to Randol Mill intersection at the Westlake Town limits. Town Council previously approved TxDOT Change Order No. 1, at the March 28th regular council meeting, for pavement enhancement work. Change Order No. 19 provides for an anti- graffiti/UV inhibitor coating to be applied to all headwalls, retaining walls, and pedestrian tunnel. Change Order No. 18 provides for powder coating of all metal handrails and adds decorative railing similar to existing metal rails on the Dove Road, Westlake Parkway, and Precinct Line Road bridges (see attached photos). The proposed Advance Funding Agreements, totaling $170,063.82, are necessary for TxDOT to proceed with the change orders and incorporate the anti-graffiti coating and rail enhancements with the existing contract with Ed Bell Construction Company. 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 The current CIP includes funding of $4,225,155 for paving, landscape, and hardscape enhancements to FM 1938. Staff will make the appropriate funding adjustments to include Change Order Nos. 18 and 19 without increasing the total project costs. Page 2 of 2 RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval. ATTACHMENTS Resolution Exhibit “A” - Proposed Advanced Funding Agreement Amendment No. 18 Exhibit “B” - Proposed Advanced Funding Agreement Amendment No. 19 Drawings/photos Resolution 11-22 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENTS FOR CHANGE ORDER NUMBERS 18 AND 19 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ENAHANCEMENTS RELATED TO FM 1938 CONSTRUCTION. WHEREAS, the Town of Westlake worked in partnership with the Cities of Southlake and Keller for the construction of FM 1938; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and, WHEREAS, Westlake desires to provide a attractive road enhancement project; and WHEREAS, the Town Council finds that funding for the Advanced Funding Agreements are necessary for the enhancement of the FM 1938 corridor; and WHEREAS, the cost for the construction of the FM 1938 pavement enhancements will be allocated from the existing FM 1938 streetscape capital project budget. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the agreements with the Texas Department of Transportation, for the construction of enhancements totaling $170,063.82 related to the FM 1938 streetscape master plan, attached as Exhibits “A” and “B”, and further authorizes the Town Manager to execute the agreements on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-22 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29TH DAY OF AUGUST, 2011. __________________________________ Laura Wheat, Mayor ATTEST: _______________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 TOWN OF WESTLAKE AGENDA ITEM Department: Finance Meeting Date: August 29, 2011 Staff Contact: Debbie Piper Consent Finance Director Subject: Approval and Adoption of the Governmental Accounting Standard Board (GASB) 54 Policy, delegating the responsibility to assign funds to the Town Manager or his/her designee, and amending the existing Fiscal and Budgetary Policies to incorporate the new policy and approved delegation. EXECUTIVE SUMMARY Previously, state and local governments were required to report fund balance in two categories:  Reserved Fund Balance – reports dollar amounts that have been appropriated and for which resources have already been committed, such as inventories, prepaid expenditures, etc.  Unreserved Fund Balance – the residual amount that is still available for future expenditures o Designated – Used to communicate to the reader of the financial statements that certain projects had been identified that might require future spending o Undesignated – Remaining balance of Unreserved Fund Balance Over time, inconsistencies were seen in the reporting of fund balance and some users perceived a lack of transparency in the way fund balances were reported. They were concerned with the restrictions that had been placed on the use of current governmental resources. Frequently, it was not apparent at what decision-making level the restrictions had been imposed and by what authority. GASB 54 is effective for financial statements for periods beginning after June 15, 2010 (which will include our September 30, 2011 audit) and applies to the five governmental funds used by state and local governments. The Town does not currently have any Permanent Funds.  General Fund  Special Revenue Funds  Capital Projects Funds  Debt Service Funds  Permanent Funds As a result of the new standard, fund balance financial reporting will become more detailed and the increased disclosures will help the user of the financial statements in understanding the availability of resources. The new standard creates fund balance classifications that establish a hierarchy based on the extent to which a government must observe constraints imposed upon the use of the resources that are reported by the governmental fund. Page 2 of 3 Based on the requirements of GASB 54, the fund balance will now be composed of three primary categories:  Non-spendable Fund Balance – includes amounts that cannot be spent and are, therefore, not included in the current year appropriation. There are two components to this fund balance category: 1) Not in spendable form – previously recorded disbursements and include items that are not expected to be converted into cash, i.e. inventories, pre-paid items, etc. 2) Legally or contractually required to be maintained intact – refers to an amount that has been received that must be invested indefinitely, i.e. a donation received by the government from a citizen, the principal of which is to be invested in a permanent fund and the earnings used for general governmental purposes  Restricted Fund Balance – reports on resources that have spending constraints that are either: 1) Externally imposed by creditors, grantors, contributors or laws and regulations of other governments, i.e. grants, etc. 2) Imposed by law through constitutional provision or enabling legislation. The amounts represented by this fund balance category have very stringent conditions imposed by external parties or by law. Therefore, the amounts are restricted to very specific purposes and cannot be redeployed for other purposes. The government can be compelled by an external party to undertake the spending requirements represented by the Restricted Fund Balance.  Unrestricted Fund Balance 1) Committed Fund Balance – represents amounts that have internally imposed restrictions mandated by formal action of the government’s highest level of decision- making authority. The committed amounts cannot be redeployed for other purposes unless the same type of formal action is taken by the highest level of decision-making authority to reserve or modify the previously imposed restriction. 2) Assigned Fund Balance – reports amounts that are constrained by the government’s intent that they will be used for specific purposes. Decision making with regard to these amounts may be made by a committee or other governmental official. The resources represented by the Assigned Fund Balance can be more easily redeployed and the constraints are not as stringent. Except for the General Fund, fund balance amounts that are not labeled as non- spendable, restricted or committed would be reported in the Assigned Fund Balance category. Therefore, the Assigned Fund Balance becomes the residual amount for the Special Revenue Fund, Capital Project Fund and Debt Service Funds. 3) Unassigned Fund Balance – the residual fund balance for the General Fund. It represents the amount of fund balance remaining after allocation to the Non- Page 3 of 3 spendable, restricted, committed and assigned fund balances. This amount reflects the resources that are available for further appropriation and expenditure for general governmental purposes. GASB 54 calls for a change in familiar fund accounting terminology and concepts. However, the improved transparency and disclosure that is created by this new accounting standard will greatly benefit users of the governmental financial statements. 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/ OPTIONS Approval and Adoption of the Governmental Accounting Standard Board (GASB) 54 Policy, delegate the responsibility to assign funds to the Town Manager or his/her designee, and amend the existing Fiscal and Budgetary Policies to incorporate the new policy and approved delegation. ATTACHMENTS Resolution Resolution 11-23 Page 1 of 2  TOWN OF WESTLAKE RESOLUTION 11-23 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AND ADOPTING THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) 54 POLICY, DELEGATING THE RESPONSIBILITY TO ASSIGN FUNDS TO THE TOWN MANAGER OR HIS/HER DESIGNEE, AND AMENDING THE EXISTING FISCAL AND BUDGETARY POLICIES TO INCORPORATE THE NEW POLICY AND APPROVED DELEGATION. WHEREAS, The Town Council being convened in Regular Session on the 29th day of August, 2011, with a quorum present; 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: 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 adopts Governmental Accounting Standard Board Statement (GASB) 54 effective August 29, 2011. To comply with GASB 54, the following policies will be adopted: The Town shall report governmental fund balances per GASB 54 definitions in the balance sheet as follows:  Nonspendable  Restricted  Committed  Assigned  Unassigned The Town Council shall approve all commitments by formal action. The action to commit funds must occur prior to fiscal year-end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. A commitment can only be modified or removed by the same formal action. The Town Council delegates the responsibility to assign funds to the Town Manager or his/her designee. The Town Council shall have the authority to assign any amount of funds. Assignments may occur subsequent to fiscal year-end. Resolution 11-23 Page 2 of 2  The Town Council will utilize funds in the following spending order:  Restricted  Committed  Assigned  Unassigned SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29th DAY OF AUGUST, 2011. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN OF WESTLAKE AGENDA ITEM Department: Finance Meeting Date: August 29, 2011 Staff Contact: Debbie Piper Consent Finance Director Subject: Approval of Resolution to accept the Certified Tax Rolls having a total appraised value of $936,334,098 less exemptions of $138,586,552 for a net taxable value of $797,747,546. EXECUTIVE SUMMARY This resolution is provided pursuant to Section 26.04 of the Texas Property Tax Code which requires the assessor for a taxing unit to submit the total appraised value, the total assessed value and the total taxable value of the property within the unit’s boundaries to the unit’s governing body by August 1st or as soon thereafter as is practicable. These are the same values that were used to calculate the effective and roll back rates for the proposed budget given to the Council at the August 12th budget workshop. Jeff Law, Chief Appraiser of Tarrant Appraisal District and Joe Rogers, Chief Appraiser of Denton Central Appraisal District have submitted this information to the Town and Tarrant County Tax Assessor-Collector has certified that the estimated tax collection rate for the tax year 2011 is 100%. The appraised value from the certified rolls is $936,334,098 less $138,586,552 in exemptions, produced a net taxable value of $797,747,546. The new construction value included in the net taxable value amount is $78,170,788. The effective tax rate calculations were prepared by Town staff with review from outside parties since this was the first year for these calculations. The legal notice regarding the effective tax rate for the Town of Westlake, Texas for tax year 2011, FYE 9-30-12 was published on Sunday, the 14th of August. 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/ OPTIONS Staff recommends approval of the resolution accepting the Certified Tax Rolls. Page 2 of 2 ATTACHMENTS Certification letter by Debbie Piper of values used for publication and budget purposes Certification letter and roll values from Tarrant County Appraisal District Certification letter and roll values from Denton Central Appraisal District Resolution 11-24 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING THE TAX ROLLS FOR 2011 ON PROPERTY WITHIN THE TOWN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 26, 2011, the Chief Appraisers of the Tarrant and Denton Appraisal Districts approved and certified to the Westlake Town Council the Tax Rolls for 2011 with a total appraised value $936,334,098 and having a net taxable value of $797,747,546 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Certified Tax Rolls value for the tax year 2011 for the Town of Westlake, Texas be and hereby approved in the amount of $936,334,098 for total appraised value. SECTION 3: That the certified net taxable value (total appraised value less exemptions) of $797,747,546 is approved. SECTION 4: That in addition to the value shown in Section 3 above, the Chief Appraisers have prepared a list of all properties pending disposition before the Appraisal Review Board. A projected minimum value of $30,218,721 has been assigned to this property, $38,135,329 in properties not on the rolls, and $29,930,860 represents total ceilings for over 65 and disabled persons for a total of $836,170,736 used for budget purposes. Resolution 11-24 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29thTH DAY OF AUGUST, 2011. _____________________________ Laura L. Wheat, Mayor ATTEST: ________________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Planning and Development Meeting Date: August 29, 2011 Staff Contact: Eddie Edwards Consent Director of Planning & Development Subject: Consider approval of an Ordinance Amending Chapter 46, Health and Sanitation, by adding Article V, Public Swimming Pool, Spa or Interactive Water Feature Rules. EXECUTIVE SUMMARY The Tarrant County Health Department provides permitting and inspection services for Food Establishments and Public Swimming Pools in the Town of Westlake. The State Board of Health adopts rules and regulations relative to these types of inspections and they are the model rules used by the Tarrant County Health Department for all of the municipalities that they contract with. In order to avoid confusion for the citizens we serve, it is recommended that the Town of Westlake adopt the latest rules adopted by the state. APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Approve the proposed ordinance amending Chapter 46 of the Code of Ordinances. ATTACHMENTS Ordinance Ordinance 663 Page 1 of 7 TOWN OF WESTLAKE ORDINANCE NO. 663 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46, HEALTH AND SANITATION ADDING ARTICLE V, PUBLIC SWIMMING POOL, SPA OR INTERACTIVE WATER FEATURE RULES , SECTIONS 46-150 THROUGH 46-160, RESERVING SECTIONS 46-161 THROUGH 46-179 PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council finds that the regulation of public swimming pools, spas and interactive water features are for the health, safety and welfare of the general public and the residents of the Town of Westlake; and WHEREAS, upon the recommendation of the Tarrant County Health Department, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 46 of the Town of Westlake Code of Ordinances is hereby amended by adding as follows: Article IV Secs. 46-125-46-149 Reserved ARTICLE V. PUBLIC SWIMMING POOL, SPA OR INTERACTIVE WATER FEATURE RULES Sec 46-150 State regulations and guidelines adopted. There is hereby adopted by reference of the V.T.C.A., Health and Safety Code § 341.064; Tex. Admin. Code §§ 265.181—265.208, "Standards for Public Pools and Spas," and Tex. Admin. Code §§ 265.301—265.308 “Public Interactive Water Features and Fountains”, as amended from time to time. Ordinance 663 Page 2 of 7 Sec 46-151 Definitions. All definitions in the V.T.C.A., Health and Safety Code Ch. 341 and Title 25, Chapter 265, Subchapter L of the Texas Department of State Health Services regulations, "standards for public pools and spas," are hereby adopted. In addition, the following definitions shall apply in this article: Certified pool operator. A person who possesses a valid pool operator's certificate from a course approved by the city. Town. Authorized representatives of the Town of Westlake which shall include the director and representatives of the Tarrant County Public Health Department. Director. Director of the Tarrant County Public Health Department, who shall be an authorized representative of the city with respect to public pool and spa inspections and permitting. Pool. Any manmade permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pool. Private residential pool. A pool that is located on private property that is intended for use by one single-family and their invited guests, located on property used for the placement of a single-family residence. Private residential spa. A spa that is located on private property that is intended for use by one single-family and their invited guests, located on property used for the placement of a single-family residence. Public interactive water feature and fountain (PIWF)--Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannons in various arrays for the purpose of wetting the persons playing in the spray streams. Regulatory authority. The director and representatives of the Tarrant County Public Health Department. Spa. A constructed permanent or portable structure that is two feet or more in depth and that has a surface area of 250 square feet or less or a volume of 3,250 gallons or less and that is intended to be used for bathing or other recreational uses and is not drained and refilled after each use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A spa does not refer to a business establishment, such as a day spa or a health spa. Industry terminology for a spa includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot spa," "hot tub," etc. A spa does not include a private residential spa. Ordinance 663 Page 3 of 7 Sec 46-152 Pool and spa permits. (a)Required. It shall be unlawful for any person to operate a public pool, spa or interactive water feature in the Town without a current and valid pool, spa or interactive water feature permit. (b)Posting. A valid permit shall be posted in public view in a conspicuous place at the public swimming pool for which it is issued or on file in a secure area of the permitted facility's premises. (c)Nontransference (change of ownership). Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards as defined in Town ordinances and state law before a permit will be issued. The new owner shall notify the Town within ten (10) days after assuming ownership of the pool, spa or interactive water feature. (d)Multiple permits. A separate permit shall be required for every public pool, spa or interactive water feature except that public pools or spas or interactive water features on a single water filtration system require one permit. (e)Denial of permit. A permit may be denied if the Town, upon inspection, determines that the requestor has failed to comply with approved plans and specifications adopted in accordance with these rules. (f)Inspections for permits. An inspection shall be required annually to qualify for a permit. A permit is valid for one year from the date of issuance. Secs. 46-153 Review of plans and specifications. (a)Submission of plans. Before a public pool's and/or spa's and/or interactive water feature’s construction or extensive remodeling begins, the person proposing to construct or remodel shall submit an application to the regulatory authority for review and approval. The application shall include: (1) The construction or remodeling plans, under an engineer's seal, and specifications stating that the proposed construction or remodeling complies with these rules and indicating that the proposed layout, mechanical plans, construction materials of work areas, and the type and model of proposed fixed equipment and facilities; (2) The date on or after which proposed construction is to begin; (3) The phone number and address of the entity primarily responsible for constructing the pool, spa or interactive water feature and the phone number and address of the entity primarily responsible for operating the pool, spa or interactive water feature; (4) A check or money order in the amount of $150.00 payable to Tarrant County, Texas; and Ordinance 663 Page 4 of 7 (5) And any necessary additional information necessary to verify compliance. (b)Approval. The Town shall approve plans and specifications that meet the requirements of these rules. No public pool, spa or interactive water feature shall be constructed or extensively remodeled except in accordance with plans and specifications approved by the Town. Secs. 46-154 Inspections. (a) Preoperational inspections. The Town shall inspect a newly constructed or remodeled public pool, spa or interactive water feature prior to operation to determine compliance with approved plans and specifications, and with the requirements of these regulations. Requested inspections must be made a minimum of three working days prior to the desired opening date. (b) Inspections. The Town shall inspect all public pools, spas and interactive water features at least once per year. The owner or operator shall request an inspection by permit application providing the pool, spa or interactive water feature owner's name and address and, if different, the pool, spa or interactive water feature operator's name and address. (c) Inspection fees. A fee, as set forth in the Town's fee ordinances, shall be required to be paid for preoperational inspections and, thereafter, on an annual basis. Fees shall be paid to Tarrant County Public Health Department at 1101 South Main, Fort Worth, Texas 76104. Only one permit will be required for a public pool, spa or interactive water feature connected to a single filtration system. Inspection fees shall be based on the number of filtration systems located at a single address. Inspection fees for single filtration systems shall be $250.00 each. Secs. 46-155 Pool, spa or interactive water feature closures. (a) A public pool, spa or interactive water feature shall be closed if any of the following conditions occur: (1) Disinfectant level below the minimums set by the Texas Department of State Health Services; (2) pH below 7.0; (3) Inability to see bottom drain (poor visibility); (4) Chlorine levels above eight ppm; or (5) Any other imminent health hazards. (b) A closed sign shall immediately be posted and the pool, spa or interactive water feature access gate shall be locked until all violations have been corrected. Ordinance 663 Page 5 of 7 Secs. 46-156 Pool and spa records. Daily records for each permitted public pool, spa or interactive water feature shall be kept on premises and shall include information pertaining to: (1) Disinfectant—Three times per day; (2) pH—Three times per day; (3) Alkalinity—One time per week; (4) Chemicals added—As noted by name, amount and date; and (5) Other information needed to ensure the facility's proper operation. Secs. 46-157 Suspension and revocation of permit. (a)Notice of suspension. The Town may temporarily suspend the permit of a public pool, spa or interactive water feature for noncompliance with state pool, spa or interactive water feature standards, by issuing a written notice for suspension. When a permit is suspended, pool, spa or interactive water feature operations shall immediately cease. A closed sign shall be immediately posted and the pool, spa or interactive water feature access gate shall be locked until any and all violations have been corrected. (b)Reinstatement of permit after suspension. Whenever a notice of suspension is issued by the Town, the holder of the permit or the person in charge will be given an opportunity to correct the violation(s) prior to final revocation of the permit. The Town may end the suspension any time if the reasons for suspension no longer exist. (c)Revocation of permit. The Town may, after providing notice of pending revocation and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Town in the performance of its duties. Prior to revocation, the city shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice. Unless a written request for a hearing is filed with the Town by the holder of the permit within such ten (10) day period, the revocation of the permit becomes final. (d)Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge of pool, spa or interactive water feature operations, or when it is sent by registered or certified mail, return receipt requested, to the address listed on the permit application. A copy of the notice shall be filed in the records of the regulatory authority. (e)Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. Ordinance 663 Page 6 of 7 (f)Right of appeal. Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the Director of the Tarrant County Health Department. (g)Application after revocation. Final revocation of a pool and/or spa permit shall not prevent the holder of the revoked permit from making written application for a new permit to the regulatory authority. (h)Closed pool, spa or interactive water feature. Prior to reopening, the owner or operator shall provide the application and fee required by subsection 46-74(a) if a pool, spa or interactive water feature: (1)closes voluntarily at the request of the regulatory authority on more than two occasions in one calendar year; or (2)closes on court order on more than two occasions in one calendar year. Secs. 46-158 Public pool, spa or interactive water feature operator certification. (a)Requirement. The person in charge of pool, spa or interactive water feature operations at a Class C pool as defined by the adopted regulations, shall have at least one certified pool, spa or interactive water feature operator employed to maintain the pool, spa or interactive water feature for each apartment complex or municipal location. The certificate must be kept on premises to facilitate inspections. (b)Termination of certified pool, spa or interactive water feature operator. In the event that a certified pool, spa or interactive water feature operator is terminated or transferred, the business shall have sixty (60) days from the operator's termination or transfer date to designate a new certificate holder. This requirement is applicable even if pool, spa or interactive water feature maintenance operations are contracted to an outside company. Secs. 46-159 Penalty for violation. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Secs. 46-160 Designation of health authority. The city designates the Medical Director of the Tarrant County Public Health Department as its health authority for the purpose of insuring minimum standards of environmental health and sanitation within the scope of that department's function. Ordinance 663 Page 7 of 7 Secs. 46-161 through 46-179 Reserved SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS _____ DAY OF ____________ 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Planning and Development Meeting Date: August 29, 2011 Staff Contact: Eddie Edwards Consent Director of Planning & Development Subject: Consider approval of an Ordinance Amending Chapter 46, Health and Sanitation Adding Article III. Food, Division 2. Food Service Sanitation and Food Handling. EXECUTIVE SUMMARY The Tarrant County Health Department provides permitting and inspection services for Food Establishments and Public Swimming Pools in the Town of Westlake. The State Board of Health adopts rules and regulations relative to these types of inspections and they are the model rules used by the Tarrant County Health Department for all of the municipalities that they contract with. In order to avoid confusion for the citizens we serve, it is recommended that the Town of Westlake adopt the latest rules adopted by the state. APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Approve the proposed ordinance amending Chapter 46 of the Code of Ordinances. ATTACHMENTS Ordinance Ordinance 664 Page 1 of 5 TOWN OF WESTLAKE ORDINANCE NO. 664 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46, HEALTH AND SANITATION, ARTICLE III FOOD, DIVISION 2, FOOD SERVICE SANITATION AND GOOD HANDLING, SECTIONS 46-77 THROUGH 46-82, RESERVING SECTIONS 46-87 THROUGH 46-110 PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council finds that the regulation of food establishments including food service establishments, retail food stores, temporary food establishments, mobile food units, and roadside food vendors are for the health, safety and welfare of the general public and the residents of the Town of Westlake; and WHEREAS, upon the recommendation of the Tarrant County Health Department, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 46 of the Town of Westlake Code of Ordinances is hereby amended by adding as follows: Sect. 46-77 Delete existing and replace with the following: Sec. 46-77 Adoption of Texas Food Establishment Rules The Town of Westlake adopts by reference the provisions of the current rules or rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction. Sec. 46-78 is here by amended add the following definitions Sec. 46-78 Definitions Amend by adding the following definitions: Ordinance 664 Page 2 of 5 Authorized agent or employee means the employees of the regulatory authority. Food establishment means a food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor. Municipality means shall be understood to refer to the Town of Westlake. State Rules mean the state rules found at 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and Sections 173 through 175. These rules are also known as the Texas Food Establishment Rules. Regulatory Authority mean the Tarrant County Public Health Department Sec. 46-79 thru 46-83 delete and replace with the following: Sec. 46-79 Food Permits A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferrable from one person or entity to another or from one location to another location, except as otherwise permitted by this ordinance. A valid permit must be visibly posted in or on every food establishment regulated by this ordinance. (a) Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. (b) Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit. (c) Fees for permits issued under this ordinance shall be as listed in the fee schedule Sec. 46-80 Review of Plans (a) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved Ordinance 664 Page 3 of 5 by the regulatory authority if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion. (b) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (c) Fees for the review of plans shall be as listed in the fee schedule Sec 46-81 Inspections (a) Before a permit is issued, the Town or its authorized representative shall inspect and approve the food establishment. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing foodborne illness according to 25 TAC 229.171(h). (b) The regulatory authority shall classify food establishments as special priority, high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; history of violations and any other risk factor deemed relevant to the operation. (c) Refusal of an owner, manager or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per the Administrative process. Sec. 46-82 Food Manager / Food Handler Education Requirement: (1) Each food service establishment shall have at least one person employed in a managerial capacity possessing a current food manager certificate approved by the regulatory authority. (2) Each food service establishment with six (6) or more employees that is required to have certified food managers must have at least one certified manager on site during all operations. (3) Every employee of a food service establishment other than a certified Food Manager must maintain a valid food handler certification registered with the regulatory authority. (4) Food Handler certification shall be valid for a period of up to three (3) years as determined by the regulatory authority (5) Food Manager and Food Handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority Ordinance 664 Page 4 of 5 Sec. 46-83 Suspension of Permit The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten (10) days of receipt of a request for a hearing. Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within ten (10) days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. Sec. 46-84 Revocation of Permit The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final. Sec.46-85 Administrative Process (a) A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority. (b) The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 664 Page 5 of 5 SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 29 DAY OF AUGUST, 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Planning and Development Meeting Date: August 29, 2011 Staff Contact: Eddie Edwards Consent Director of Planning and Development Subject: Consider approval of a Resolution Amending the Fee and Use Schedule. EXECUTIVE SUMMARY The proposed Fee and Use Schedule amendment will revise the fees that Tarrant County charges for permitting and inspection services for Food Establishments and Public Swimming Pools. It also is establishing a fee for plat or easement amendment or abandonment and it is clarifying that grading or excavation permits will include any costs incurred by the town from the use of contractors or consultants. APPLICABLE STRATEGIC PLAN VISION POINT Development paying for development FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Approval of the proposed Fee and Use Schedule dated August 29, 2011. ATTACHMENTS Fee and Use Schedule dated August 29, 2011. Letter from Tarrant County Public Health Department. Resolution 11-25 Page 1 of 11 TOWN OF WESTLAKE RESOLUTION NO. 11-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE CURRENT “FEE AND USE SCHEDULE” BY APPROVING A NEW “FEE AND USE SCHEDULE” DATED AUGUST 29, 2011. WHEREAS, The Tarrant County Health Department provides permitting and inspection services for food establishments and commercial swimming pools in The Town of Westlake; and, WHEREAS, The Tarrant County Health Department charges fees to the users directly and does not charge the Town of Westlake for their services; and, WHEREAS, The Tarrant County Health Department has not changed the fees charged to Town of Westlake establishments over the past fourteen years and have recently developed a new fee schedule designed to be more equitable for various size food establishments; 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 of Westlake Town Council does hereby approves the proposed Fee and Use Schedule, attached as Exhibit “A”, SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-25 Page 2 of 11 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29TH DAY OF AUGUST 2011. ATTEST: ________________________________ Laura L. Wheat, Mayor _______________________________ _________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Resolution 11-25 Page 3 of 11 EXHIBIT A FEES AND USE SCHEDULE Revised August 29, 2011 1) The fees and use charges listed in this section are in addition to any other fees and use charges which may exist in ordinances of the town, including, but not limited to the Uniform Fire Code, Uniform Building Code, National Electrical Code, Uniform Plumbing Code and Uniform Mechanical Code. To the extent there is a conflict in the fees and use charges contained in this section with other stated fees and uses, the fees and use charges in this section shall prevail. Fees calculations based on the number of acres involved shall be calculated by rounding up to the next whole acre.     2) ZONING CHANGE APPLICATIONS Pre-application/pre-design conference: This is intended to provide the applicant with a verbal interpretation of ordinances and processes, and to respond to any questions they may have. Such meetings may involve the town consultants at the request of the town manager. Fee: $400.00 This conference is only required, and the fee charged, at the discretion of the Town Manager. Straight zoning change: This includes review of the application, site visits, meetings with the applicant and recommendations to the planning and zoning commission as well as published notifications and public hearings. Fee: $1,800.00 plus $90.00 per acre; $40,000.00 maximum (less fee paid for pre-application conference). Planned development district: This includes review of the application, site visits, meetings with the applicant and recommendations to the planning and zoning commission as well as published notifications and public hearings. Fee: $1,800.00 plus $90.00 per acre (less fee paid for pre-application conference). Specific use permit: This includes review of the application, site visits, meeting with the applicant and recommendations to the planning and zoning commission and all public notifications. Fee: $1,800.00. Amendments to approved site plans: This includes review and approval of the town manager and/or his designee(s). If the request exceeds the legal authority of the town manager and/or his designee(s) to grant the site plan revision, the application may be converted to a full zoning application with payment of the balance of a full application fee. Fee: $900.00 plus $20.00 per acre (less fee paid for pre-application conference). Resolution 11-XX Page 4 of 11 Variance of UDC Regulations: This includes review of the application, site visits, meetings with the applicant and associated town staff and recommendations to the board of adjustment, and all public notifications and public hearings. Fee: $900.00. 3) SUBDIVISION PLAT, ENGINEERING PLAN AND SITE PLAN APPLICATIONS Pre-application or pre-design conference: Ten percent of the projected total fee for the activity being applied for. This fee shall be credited toward the next ongoing fee, if any, when due. (Minimum $1,800.00) Any subdivision plat or re-subdivision plat: Preliminary plats: $1,800.00 plus $90.00 per acre, maximum of $36,000.00. Final plats: $900.00 plus $90.00 per acre, maximum of $18,000.00. Minor Plats: $900.00 plus $90.00 per acre, maximum of $18,000.00. Engineering plans: $1,800.00 plus $90.00 per acre. Replat: $1,800.00 plus $90.00 per acre, maximum of $36,000.00. Site plans: Comprehensive (final) site plans: $1,800.00 plus $90.00 per acre. Vacation of plat: $720.00. Amendment or abandonment of an easement: $300.00 plus any costs incurred from use of contractors or consultants. 4) CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS Construction inspections: The inspection fee will be six percent (6%) of certified construction costs of the land development (including, but not limited to, public and private improvements such as streets and roads, drainage, parking lots, fire water systems, walls, fences, site grading, water features, parks, open space corridors, required landscaping, irrigation, sidewalks, trails, etc., but not including building construction) for subdivisions or re-subdivision. Estimated Inspection fees are to be paid prior to permitting and or commencement of work on the proposed improvements and the balance based upon certified construction costs prior to acceptance of improvements or issuance of building permits. The construction inspection fee is in addition to any other fees listed herein. 5) COMMERCIAL AND REMODEL - BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $50.00 $501.00 to $2000.00 $50.00 for the first $500.00 plus $6.60 for each additional $100.00 or fraction thereof, up to and including $2,000.00. Resolution 11-XX Page 5 of 11 $2,001.00 to $25,000.00 $150.00 for the first $2,000.00 plus $30.00 for each additional $1,000.00 or fraction thereof, up to and including $25,000.00. $25,001.00 to $50,000.00 $840.00 for the first $25,000.00 plus $21.60 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $1,380.00 for the first $50,000.00 plus $15.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $2,130.00 for the first $100,000.00 plus $12.00 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $6,930.00 for the first $500,000.00 plus $10.20 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. 1,000,001.00 and up $12,030.75 for the first $1,000,000.00 Plus $6.60 for each additional $1,000.00 or fraction thereof. Plan review fee: Add 65 percent to permit fee. Other inspections and fees: TABLE INSET: (1) Inspections outside of normal business hours (Minimum charge--two hours) $75.00 per hour* (2 hour minimum) (2) Reinspection fees assessed under provisions of the adopted codes. $75.00 per hour* (1 hour minimum) (3) Inspections for which no fee is specifically indicated. (Minimum charge--one-half hour) $75.00 per hour* (1 hour minimum) (4) Electrical, Plumbing, and Mechanical inspections. $75.00 per hour* (1 hour minimum) (5) Consultants for inspections or plan review utilized for specific specialized projects. Actual cost incurred. *Or the total hourly cost to the town, whichever is the greater. This cost includes supervision, overhead, equipment, hourly wages and benefits, and mileage. **Actual cost includes administrative and overhead costs. 6) RESIDENTIAL NEW CONSTRUCTION AND ADDITIONS PERMIT FEES: Residential building permit fees shall be the amounts calculated in accordance with the addendum attached to Ordinance No. 470 titled Residential Building Permit Fee Formula. Resolution 11-XX Page 6 of 11 7) SPECIAL BUILDING PERMIT FEES 1. Swimming pools $500.00 2. Fence if not included in building permit application $165.00 3. Fence repair and barbed wire fencing excluded No fee, no permit 4. Demolition $250.00 5. Sprinkler system for yards $300.00 6. Any antenna $400.00 7. Sidewalk, curb cuts, driveways, concrete work in Right-of-way $200.00 8. Moving permit for buildings moved on any town street: Permanent house relocation (plus all direct and indirect costs incurred by the Town of Westlake due to such relocation) $450.00 9. Construction in the public-right-of-way (other than a certificated telecommunications provider) $600.00 10. Trenching, excavating or grading that is not within the public right- of-way (other than a certificated telecommunications provider) $600.00 * 11. Water well – for private use. $1,000.00 8) SIGN PERMITS AND OTHER INSPECTIONS Sign Permits Construction signs $150.00 Temporary signs $80.00 Signs or display cases within the commercial district $200.00 Home occupation signs $75.00 Political signs No Permit Signs within residential district (Except for home occupation signs) No Permit 9) RESIDENTIAL DEVELOPMENT FEE All newly-constructed residential structures shall pay a $3,100.00 residential lot development fee per lot where the town's duct bank is or is planned to be located, in addition to the building permit fees. The residential lot development fee shall be payable in conjunction with the building permit fee. Resolution 11-XX Page 7 of 11 10) MISCELLANEOUS FEES AND USES  Special event permit – includes all tents, fireworks, and temporary electrical poles. $250.00 Temporary electrical poles. For other than construction projects. $35.00 Subdivision name change. $250.00 Street name change. $250.00 + cost of new street name blades Zoning verification letter $500.00 11) FIRE DIVISION PERMIT FEES:    1. Aboveground Storage Tanks (AGST) $150.00 2. After hour inspections $ 75.00** 3. Asbestos removal $100.00 4. Battery Systems $250.00 5. Burn Permit – Non-resident $ 50.00 6. Burn Permit – Resident No Charge 7. Candles and open flame in assembly areas $ 50.00 8. Carnivals and Fairs $ 50.00* 9. Changing UST or AGST contents $100.00 10. Compressed Gas $100.00 11. Cryogens $250.00 12. Dry Cleaning Operations – flammable/combustible liquids $ 75.00 13. Dry Cleaning Operations – non-flammable liquids $ 50.00 14. Emergency Medical Services – services and expendables # 15. Explosives or Blasting Agents – Use $150.00* 16. Fire Alarm System Review # 17. Fire Sprinkler System Review # 18. Fireworks (certified events only) $150.00* 19. Fumigation or thermal insecticidal fogging $250.00 20. Hazardous Materials – Storage, dispense, use of $ 50.00 21. Hazardous Materials Mitigation ^# 22. Highly Toxic Pesticides – Storage, use of $ 50.00 23. High-Piled Combustible Storage $ 50.00 24. Hot works operations $ 50.00 25. LPG 25-199 WGC $ 25.00 26. LPG 200-1,999 WGC $ 75.00 27. LPG 2,000 < WGC $100.00 28. LPG fueled vehicles or equipment in assembly buildings $ 50.00 Resolution 11-XX Page 8 of 11 29. Malls – covered $ 75.00* 30. Motor vehicle fueling dispensing station $ 50.00 31. Personnel stand-by – Fire Watch $ 35.00^ 32. Personnel stand-by – Special Event $ 35.00^ 33. Private Agency License Inspection/Certification $ 50.00 34. Pyrotechnic – Special events material $500.00* 35. Radioactive Materials $500.00 36. Re-inspection for fire alarm systems $ 75.00* 37. Re-inspection for new construction $ 75.00* 38. Re-inspection for sprinkler systems $ 75.00* 39. Trench Burning – Clearing Land or Rubbish $150.00 40. Underground Storage Tanks (UST) $150.00 41. UST and AGST removal or temporary out of service $ 50.00 42. Water System Analysis/Test for Fire Suppression Systems $ 25.00 *If required, addition cost for personnel may be charged. Additional cost for expendable equipment and necessary apparatus may be incurred. **Two (2) hour minimum. If required, addition cost for personnel may be charged. Additional cost for expendable equipment and necessary apparatus may be incurred. ^Cost is per hour per personnel utilized. Additional cost for expendable equipment and necessary apparatus may be incurred. #Cost based on third party or contracted services provider fees. Based on agreement with the Town, fees may be paid directly to the third party or contracted services provider. 12) FIRE PLAN CHECK FEE 0--100,000 square feet $0.015/square foot 100,001--300,000 square feet $1,500.00 for the first 100,000 square feet plus $0.014 for each additional square foot of area. 300,001 + square feet $4,200.00 for the first 300,000 square feet plus $0.009 for each additional square foot of area or fraction thereof.   13) AMBULANCE AND EMS FEES  BLS Emergency $400.00 ALS I $500.00 ALS II $700.00 Mileage $.10 per mile Resolution 11-XX Page 9 of 11 14) GAS DRILLING AND PRODUCTION RELATED FEES: Gas Well Pad Site Related Permits & Fees Gas Well Pad Site Permit Application Fee (initial permit per pad site) $30,000 Approved Gas Well Pad Site Permit Annual Review & Renewal Fee 5,000 Fire Fighter Training & Equipment Fee (initial fee per approved pad site) 10,000 Setback Reduction Request/Property Owner Title Verification Fee 5,000* *this is a minimum fee; actually cost may increase based on actual title company fees Gas Well Related Permits & Fees Gas Well Permit Application Fee (initial permit per well) $10,000 Gas Well Permit Amendment Application & Review Fee 2,500 Gas Well Certificate of Completion & Completion Inspection Fee 1,500 Tank Battery Completion & Annual Permit/Inspection Fee 1,000 Annual Approved Gas Well Permit Review, Inspection, & Permit Renewal Fee 1,500 Initial/Annual Insurance & Surety Review Fee (per approved gas well permit) 1,000 Annual Fire Fighter Training & Equipment Fee (per approved gas well permit) 2,000 Annual Safety/Hazardous Materials Plans & Reports Compliance Review Fee 1,000** Well Re-working Permit Fee 5,000** Gas Well Permit Transference Processing Fee 5,000** Gas Well Permit Extension Processing Fee 5,000** Well Abandonment Permit Application & Inspection Fee 2,500 ** Road Maintenance Agreement Review & Inspection Fee 5,000** **this is per approved gas well permit Pipeline Related Permits & Fees*** Resolution 11-XX Page 10 of 11 New Pipeline Construction Permit & Inspection Fee $5,000 New Pipeline Certificate of Completion & Inspection Fee 1,500 New Pipeline ROW/Street/Road/Easement Crossing License (license is per crossing) 2,000 Initial/Annual Insurance & Surety Review Fee (per approved pipeline permit) 1,000 Annual Safety Report Compliance Review Fee (per approved pipeline permit) 1,000 Annual Pipeline Permit & License Renewal Fee (per new pipeline permit) 2,000 Inactive Pipeline Permit Application & Inspection Fee 2,500 Idled Pipeline Permit Application & Inspection Fee 2,500 Idled Pipeline Permit Reactivation Inspection Fee 2,500 Miscellaneous Gas & Oil Related Fees Seismic Testing Permit Fee $ 500 Technical Advisor Fees **** **** Based on Actual Cost plus 10% Administrative Fee TARRANT COUNTY 15) FOOD PROGRAM FEE SCHEDULE Food Store < 5000 sq. ft. $200 > 5000 sq. ft. $300 Food Service < 500 sq. ft. $100 > 500<1500 sq. ft. $150 Resolution 11-XX Page 11 of 11 > 1500< 3000 sq. ft. $200 > 3000<6000 sq. ft. $250 > 6000 sq. ft. $300 Child Care Food Service $150 Catering Operation $250 Food Court $200 per establishment Adjunct Operation Food Service $150 per independent operation Food Store <5000 sq. ft. $150 per independent operation Food Store >5000 sq. ft. $200 per independent operation Commissary No food prep $100 With food prep $200 Mobile Units Prepackaged food only $100 Open and/or food prep $200 Push Carts $200 Plan Review < 500 sq. ft. $0 > 500<3000 sq. ft. $50 > 3000 sq. ft. $100 Late Fee From 1-30 days 10% of fee owed From 31-60 days 20% of fee owed The late fee increases 10% for each 30 day block until permit fee and late fee is paid. Permits that are more than 90 days overdue will be void and required to reapply. Reinspection Fee Required reinspection $75 16) SWIMMING POOL SPA & INTERACTIVE WATER FEATURE FEE SCHEDULE Plan Review and opening inspection $150 Annual Permit $250 Required reinspection $75                   EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following:   a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Rosevear and Simonetti   Town of Westlake Item # 4 –   Executive Session     Town of Westlake Item # 5 – Reconvene  Meeting     TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following:   a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Rosevear and Simonetti Town of Westlake Item # 6 – 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 #7 ‐ Future  Agenda Items  COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 8   Council Recap /   Staff Direction  COUNCIL CALENDAR - Town Offices Closed September 5, 2011 - Town Council Meeting September 12, 2011 - Texas Municipal League October 11-14, 2011, Houston Town of Westlake Item # 9 –   Council Calendar  Town of Westlake Item # 10 –  Adjournment  Back up material has not  been provided for this item.