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HomeMy WebLinkAbout09-12-11 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 3 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 SPECIAL TOWN COUNCIL MEETING AGENDA September 12, 2011 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Regular Session 7:00 p.m. 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 Page 2 of 3 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. 3. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 665, ADOPTING THE TOWN OF WESTLAKE REVISED BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2011, AND ADOPTING THE PROPOSED BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND PROVIDE AUTHORIZATION TO THE TOWN MANAGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000. 4. CONSIDERATION AND DISCUSSION OF ORDINANCE 666, LEVYING MUNICIPAL AD VALOREM (PROPERTY) TAXES FOR THE 2011 YEAR IN ACCORDANCE WITH THE FISCAL YEAR 2011-12 BUDGET. 5. 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.       6. COUNCIL RECAP / STAFF DIRECTION     7. COUNCIL CALENDAR    - Living History Presentation hosted by the WHPS September 22, 2011, An evening with Bat Masterson 7:00-8:30 WA Performance Hall - Town Council Meeting September 26, 2011 - Texas Municipal League Conference October 11-14, 2011, Houston - Westlake Baja at Vaquero hosted by the Westlake Foundation October 11, 2011, 5:00- 10:00 pm - Town Council Meeting October 24, 2011 - Westlake Vintage Care Show hosted by WHPS October 29, 2011, 11:00-4:00, Solana Club parking lot Page 3 of 3 8. 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, September 7 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.                        CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action.   Town of Westlake Item # 2 – Citizen’s  Presentations and  recognitions  Page 1 of 2 TOWN OF WESTLAKE AGENDA ITEM Department: Town Manager Meeting Date: September 12, 2011 Staff Contact: Tom Brymer Discussion Town Manager Subject: Conduct a Public Hearing and Consideration of Ordinance, Adopting the Town of Westlake Estimated Budget for the fiscal year ending September 30, 2011, Adopting the Proposed Budget for the Fiscal Year ending September 30, 2012 including Investment Policy, Fiscal and Budgetary Policies, Committed and Assigned Fund Balances, and Providing Authorization to the Town Manger to approve appropriated funds up to $25,000. EXECUTIVE SUMMARY Three fiscal years ago the Town began moving its leadership and management systems to a framework utilizing a more program based budget designed to link desired outcomes with budgeted resources and accountability for results. This FY 2011-12 Budget represents the next step in this continuous improvement process. This budget document utilizes a systemic framework designed to link together critical governance and management decision making tools. This system is called “Governing and Managing for Outcomes” and is designed to integrate: Vision driven strategic planning, strategy mapping, and outcome based performance indicators Five (5) year financial forecasting, budgeting, and performance measurement linked to priorities, objectives, and outcomes to ensure a long term approach that provides financial sustainability Aligning resources to prioritized outcomes Reporting to monitor progress in outcome achievement and accountability for results Utilizing citizen surveys to gauge service satisfaction levels with Town services and resident willingness to pay for those services Maintaining core services Funding and implementing a five (5) year capital improvement planning This budget focuses on the next twelve months of the Town’s future. However, the Council’s initiative to pursue a strategic planning approach to the Town’s governance is critical to providing the Council, and the community, with a multi-year focus that couples strategic priority setting with good financial stewardship decisions that achieve the long-term vision set by the Council for the Town of Westlake. The focus for the FY 2011-12 Proposed Budget has been positioning the Town for financial sustainability (both for the general municipal services and the Westlake Academy), a key priority Page 2 of 2 found in the Town’s strategic plan. Please note that the transmittal letter for the Westlake Academy operating budget has also been included, for presentation and transparency purposes, in this budget document. FISCAL IMPACT Funded Not Funded N/A The Town of Westlake’s Proposed FY 2010-2011 budget totals $20,094,602 (including $2,769,950 transfers in from fund balance for operating, debt service, capital projects, major maintenance and equipment replacement needs) for all funds. This budget also includes Westlake Academy’s FY 2011-2012 expenditures and transfers out totaling $5,384,253. RECOMMENDATION / ACTION REQUESTED/ OPTIONS This Public Hearing has been advertised as required by law. The recommendation is to first conduct and close the Public Hearing, followed by Council discussion as needed. Additionally, it is recommended to adopt the FY 2010-11 municipal budget as proposed. APPLICABLE STRATEGIC PLAN VISION POINT Inviting Residential and Corporate Neighborhoods We are Leaders Hospitality Finds its Home in Westlake ATTACHMENTS 1.) Proposed FY 2011-12 Budget 2.) Ordinance Ordinance 665 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 665 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REVISING THE BUDGET FOR THE 2010-2011 FISCAL YEAR; ADOPTING THE BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012 INCLUDING INVESTMENT POLICY, FISCAL AND BUDGETARY POLICIES, COMMITTED AND ASSIGNED FUND BALANCES; PROVIDING AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000; PROVIDING THAT THE BUDGET TO BE KEPT IN CITY SECRETARY’S OFFICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public notice of a public hearing on the proposed annual budget, stating the date, time, and place and subject matter of the public hearing, was given as required by the laws of the State of Texas and; and WHEREAS, a public hearing was duly held and all interested persons were given an opportunity to be heard for or against any item therein on September 12, 2011; and, WHEREAS, as required by Texas Local Government Code 102.002, the budget officer has prepared a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year; and, WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED 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 hereby adopts the revised budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011 as shown in Exhibit “A.” SECTION 3: That the Town Council does hereby approve the proposed Municipal Budget attached as Exhibit “A”, adopting the budget for the Fiscal Year Beginning October 1, 2011, and for Fiscal Year Ending September 30, 2012. SECTION 4: That the Town Council hereby gives the Town Manager authorization to approve any appropriated funds up to the amount of $25,000. SECTION 5: That a copy of the official adopted 2011-2012 budget documents shall be kept on file in the office of the Town Secretary Ordinance 665 Page 2 of 2 SECTION 6: If any portion of this Ordinance 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 Ordinance without the invalid provision. SECTION 7: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 12TH DAY OF SEPTEMBER 2011. ATTEST: ________________________________ Laura L. 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 OF WESTLAKE AGENDA ITEM Department: Town Manager Meeting Date: September 12, 2011 Staff Contact: Tom Brymer Discussion Town Manager Subject: Consideration and discussion of an Ordinance Levying Municipal Ad Valorem (Property) Taxes for the 2011 Year in accordance with the Fiscal Year 2011-12 Budget. EXECUTIVE SUMMARY On June 28, 2010 the Town Council set the residential homestead tax exemption at the maximum (20%) allowed by State law. There were also exemptions adopted by that earlier Resolution (which is restated and confirmed in the tax levy ordinance) for an exemption for people who are disabled or over 65 and an exemption for Freeport goods. In addition, there is a provision in the current Town Code for a “tax freeze” for people over 65 or who are disabled and have a Westlake residence homestead. This Town Code provision has been interpreted by the Town’s attorney to mean that a person who currently, as of this year, has a Westlake homestead residence and is over 65 or disabled prior to the date the tax levy is adopted will have a zero tax rate. That interpretation was presented and accepted by the Town Council. The ad valorem tax rate used in this proposed 2011-12 Budget and compared to the rates used for FY 2010-11 is as follows: FY 10-11 FY 11-12 Adopted Proposed Tax Rate Tax Rate Variance M&O $0.15620 $ 0.13835 $ (0.01785) I&S $0.00390 $0.01849 $ 0.01459 $0.16010 $0.15684 $ (0.00326) In FY 11-12, the General Fund utilized a proposed municipal ad valorem tax that is 2% less than the 10-11 rate. The proposed FY 11-12 tax rate of $.15684 is 14% less than the effective rate we are allowed to use by law in FY 11-12 of $.17944 per $100 of the assessed valuation. Although we have experienced a five percent (5%) decease in the appraised values for the 2011 tax year, we are able to use this lower tax rate because of a.) modest on-going sales tax revenue improvement, and b.) one-time sales tax revenues in FY 10-11 from the Deloitte University project. FISCAL IMPACT Funded Not Funded N/A Page 2 of 2 As proposed by staff, a municipal ad valorem tax of $.13835 per $100 of assessed valuation for maintenance and operations of the General Fund would generate an estimated $1,156,842 and $.01849 per $100 of assess valuation for interest and sinking which would generate an estimated $154,608 representing the amount of the bond payment on the certificates of obligation issued in FY 2010-11 for street improvements. This would bring the total proposed FY 2011-12 ad valorem tax rate to $0.15684 per $100 of assessed valuation. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Recommend adoption of an ordinance levying a municipal ad valorem (property) tax totaling $0.15684 per $100 of assessed valuation. APPLICABLE STRATEGIC PLAN VISION POINT Inviting Residential and Corporate Neighborhoods We are Leaders Hospitality Finds its Home in Westlake ATTACHMENTS 1.) Ordinance Ordinance 666 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 666 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS LEVYING TAXES TO BE ASSESSED ON ALL TAXABLE PROPERTIES WITHIN THE TOWN LIMITS OF THE TOWN OF WESTLAKE FOR THE TAX YEAR 2011 (FISCAL YEAR 2011-2012); SETTING OUT EXEMPTIONS AND LIMITATION; NO STATE LAW STATEMENTS REQUIRED; PROVIDING FOR THE COLLECTION OF DELINQUENT TAXES AND A COLLECTION PENALTY TO BE ADDED TO DELINQUENT TAXES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARAING AN EFFECTIVE DATE. WHEREAS, a public hearing on the proposed annual budget for the Town of Westlake, Texas, for the fiscal year beginning on October 1, 2011 and ending on September 30, 2012, was duly advertised giving the date, time, place and subject matter of the public hearing, and WHEREAS, a public hearing was set by the Town Council in a duly posted Town Council meeting on September 12, 2011, and all citizens were invited to participate and be heard; and WHEREAS, all requirements of state law were met, including Open Meetings Act, Texas Government Code chapter 551 requirements and the requirement of Texas Local Government Code 102.002 that the budget officer prepare a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year; and WHEREAS, it is deemed to be in the best interest of the citizens of the Town of Westlake, Texas to levy a tax as set forth below, on all taxable properties within the Town limits of Westlake in order to provide the necessary funds to provide municipal services to its citizens and to meet all municipal commitments; and WHEREAS, the Town of Westlake will not be raising more taxes for the 2011-2012 fiscal year than the amount that was raised for the 2010-2011 fiscal year; WHEREAS, the Town of Westlake has passed exemptions to certain applicable taxes which were previously adopted by earlier Resolution and recognized and adopted a tax limitation set out in the Town Municipal Code and such exemptions and limitation are included and adopted as part of this Ordinance; and WHEREAS, the Town Council finds the passage of this Ordinance to be in the best interest for the citizens of Westlake, for the preservation of public health, safety and welfare of the citizens of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Ordinance 666 Page 2 of 4 SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town Council of the Town of Westlake, Texas shall hereby levy the following taxes on each One Hundred Dollars ($100.00) of taxable valuation on all taxable property within the Town limits of the Town of Westlake, Texas to be assessed and collected by the Tax Assessor / Collector for the tax year 2011 (Fiscal year 2011-2012) for the purposes stipulated below, to-wit: (a) For General Fund Maintenance and Operations (M&O) levied on the $100.00 of taxable valuation: $0.13835 (b) For Interest and Sinking Fund (debt service) levied on $100.00 of taxable valuation: $0.01849 SECTION 3: Exemptions: That the Town Council authorizes the following exemptions and limitations: (a) Homestead exemption - That it is the intent of the Town Council of the Town of Westlake to adopt the highest possible homestead exemption, which would be a homestead exemption in the amount of twenty percent (20%) of the value of the homestead, and in any event, the exemption shall be at least a minimum of Five Thousand dollars ($5,000.00). For purposes of this section "residential homestead" is defined as a structure (including a mobile home) or a separately secured and occupied portion of a structure (together with land, no to exceed ten (10) acres, and improvements used in the residential occupancy of the structure and the land and improvements have identical ownership) that (1) is owned by one or more individuals, either directly or through a beneficial interest is a qualifying trust; (2) is designed or adapted for a human residence; (3) is used as a residence; and (4) is occupied as his or her principal residence by an owner or, for property owned through a beneficial interest in a qualifying trust, by a trustee of the trust who qualifies for the exemption. (b) Over 65 or Disabled exemption - That an exemption for a resident over 65 or disabled, pursuant to section 11.13(b) of the Texas Tax Code shall be authorized in the amount of $10,000.00. A resident is eligible for an exemption under this section if the resident is over 65 or disabled, but the resident shall not be entitled to two exemptions under this section, as set out in section 11.13(b) of the Texas Tax Code. (c) Freeport exemption - The Town elects not to tax that tangible personal property described in article VIII, section 1-j, subsection (a), Texas Constitution, and Texas Tax Code Section 11.251, which would otherwise be exempt, referred to as "Freeport goods." Ordinance 666 Page 3 of 4 (d) The Town of Westlake previously adopted an ad valorem tax limitation in section 86-2 of the Town Code, for elderly and disabled citizens according to Article VIII, Section 1-b of the Texas Constitution and Texas Tax Code § 11.261, which provides “The county, municipality, or junior college district may not increase the total annual amount of ad valorem taxes the county, municipality, or junior college district imposes on the residence homestead of a disabled individual or an individual 65 years of age or older above the amount of the taxes the county, municipality, or junior college district imposed on the residence homestead in the first tax year, other than a tax year preceding the tax year in which the county, municipality, or junior college district established the limitation described by Subsection (a), in which the individual qualified that residence homestead for the exemption provided by Section 11.13(c) for a disabled individual or an individual 65 years of age or older.” This provision, commonly referred to as a “tax freeze” means that residents who are already eligible for the provisions of that section will not have any increase in their taxes from the time that they became eligible, as citizens of Westlake, for that section. SECTION 4: State Law Required Statements: (A) Because the Town of Westlake will not be raising more taxes this year than were raised in the prior year, the state law statements that are required to be made when more taxes are raised are not applicable to the Town of Westlake for this upcoming fiscal year. (B) The tax rate for the upcoming fiscal year will be reduced to $0.15684 (M & O of $0.13835 and interest and sinking fund of $0.01849 totaling $0.15684). The taxes raised for maintenance and operations will be approximately $110.68 on a $100,000 home with a homestead exemption. SECTION 5: The Town of Westlake will pursue collection of delinquent taxes and adopts the provisions of Section 33.07 of the Texas Tax Code so that hereafter an additional penalty of Twenty (20) percent of the delinquent tax, penalty and interest on delinquent taxes will be imposed on taxes becoming delinquent as provided by the Texas Tax Code and the Town’s collection agreement. SECTION 6: If any portion of this Ordinance 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 Ordinance without the invalid provision. Ordinance 666 Page 4 of 4 SECTION 7: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 12th DAY OF SEPTEMBER 2011. _____________________________ Laura L. Wheat, Mayor ATTEST: ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 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 #5 ‐ Future  Agenda Items  COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 6   Council Recap /   Staff Direction  COUNCIL CALENDAR   - Living History Presentation hosted by the WHPS September 22, 2011, An evening with Bat Masterson 7:00-8:30 WA Performance Hall - Town Council Meeting September 26, 2011 - Texas Municipal League Conference October 11-14, 2011, Houston - Westlake Baja at Vaquero hosted by the Westlake Foundation October 11, 2011, 5:00- 10:00 pm - Town Council Meeting October 24, 2011 - Westlake Vintage Care Show hosted by WHPS October 29, 2011, 11:00-4:00, Solana Club parking lot Town of Westlake Item # 7 –   Council Calendar  Town of Westlake Item # 8 –  Adjournment  Back up material has not  been provided for this item.