The URL can be used to link to this page

Home My WebLink About10-24-11 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 October 24, 2011 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 5:00 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 24, 2011, REGULAR MEETING. (30 min) 4. DISCUSSION ITEMS Page 2 of 4 a. Delegated Pricing ordinance and Bond Refunding (30 min) 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 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 September 26, 2011. b. Consider approval of the minutes from the meeting held on October 3, 2011. c. Consider approval of Resolution 11-30, Authorizing the Town Manager to execute Amendment No. 1 to the Economic Development Agreement with Deloitte LLP. d. Consider approval of Resolution 11-31, Appointing a member to the Westlake Academy Foundation Board. Page 3 of 4 e. Consider approval of Resolution 11-32, Appointing a member to the Westlake Historical Preservation Society. f. Consider approval of Ordinance 668, Amending the Code of Ordinances, Chapter 82, Subdivisions, Article XIII, Open Space, adding Sections 82-387 through 82-392, Park Land Dedication. g. Consider approval of Ordinance 669, Amending the Code of Ordinances, Chapter 36, Engineering Standards, Article II, Roadway Facilities, Section 36-44, Driveway Design Standards. 4. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 670, FREEPORT EXEMPTION TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 671, AMENDING THE WESTLAKE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE SPECIFIC USE PERMIT, APPROVED ON AUGUST 10, 2009, BY ORDINANCE 631A, FOR A GAS WELL PAD SITE LOCATED WITHIN THE PD-1 ZONING DISTRICT AT 2405 PRECINCT LINE ROAD. 6. 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. 7. COUNCIL RECAP / STAFF DIRECTION 8. COUNCIL CALENDAR - Monster Mash hosted by WA HOC October 22, 2011; 5:00-9:00 pm, WA Campus - Secondary Boundary WA Parents’ Meetings (Parents select one of three dates and locations: Oct 25, Nov 8 or Nov 15) - Westlake Vintage Car Show hosted by WHPS October 29, 2011; 11:00-4:00 pm, Solana Club parking lot - Stagecoach Hills Neighborhood Gathering November 1, 2011; 7:00 pm, Hosted by the Biddle Family - Board of Trustees Meeting November 7, 2011 - NTTA Tollway (SH 170) Public Hearing/Meeting November 10, 2011; 6:00-8:00 pm, at the Tidwell Middle Page 4 of 4 School Cafeteria (3937 Haslet-Roanoke Rd, Roanoke, Texas 76262) - Westlake Historical Preservation Society’s Wine and Cheese Annual Reception, November 10, 2011; 7:00-8:30 pm, Marriott Solana Living Room - Town Council Meeting November 14, 2011 - Grandparents’ Day at Westlake Academy November 18, 2011; 8:00 am - Noon - Westlake Academy Closed-Fall Break November 21 – 25, 2011 - Town Offices Closed-Thanksgiving Holidays November 24-25, 2011 - Community Tree Lighting December 1, 2011; 6:00-8:00 pm, WA Campus - Employee Recognition Banquet December 3, 2011; Time TBD, Marriott Solana 9. 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, October 21, 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 Workshop 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 September 26, 2011. b. Consider approval of the minutes from the meeting held on October 3, 2011. c. Consider approval of Resolution 11-30, Authorizing the Town Manager to execute Amendment No. 1 to the Economic Development Agreement with Deloitte LLP. d. Consider approval of Resolution 11-31, Appointing a member to the Westlake Academy Foundation Board. e. Consider approval of Resolution 11-32, Appointing a member to the Westlake Historical Preservation Society. f. Consider approval of Ordinance 668, Amending the Code of Ordinances, Chapter 82, Subdivisions, Article XIII, Open Space, adding Sections 82-387 through 82-392, Park Land Dedication. g. Consider approval of Ordinance 669, Amending the Code of Ordinances, Chapter 36, Engineering Standards, Article II, Roadway Facilities, Section 36-44, Driveway Design Standards Town of Westlake Workshop Item # 3- Review of Consent Agenda Items DISCUSSION ITEMS a. Discussion regarding Delegated Pricing Ordinance & Bond Refunding. (30 min) Town of Westlake Workshop Item # 4- Discussion Items Page 1 of 2 TOWN COUNCIL WORKSHOP ITEM Department: Finance Workshop Date: October 24, 2011 Staff Contact: Debbie Piper, Finance Director Discussion Subject: Discussion of “Delegated Pricing” Ordinance and Bond Refunding EXECUTIVE SUMMARY Tom Lawrence, our financial advisor, has been closely watching the bond rates and working the numbers in order to notify the Town at the earliest time it would be beneficial to refund a portion of our bonds. He has forwarded the attached numbers to make us aware of potential savings if we proceed this calendar year with a Bank-Qualified (BQ) issue. The amount has been reduced in order to keep us below $10 million for calendar year 2011 (when combined with the $2,095,000 CO completed earlier this year). This not only allows us to obtain lower BQ interest rates, it pushes us to refund selective maturities with the most savings. As Tom Lawrence has explained at prior meetings, we should strive to obtain present value savings of at least 3% because of federal tax law restrictions on the number of refunding allowed. The attached report, based on current interest rates (as of October 11), reflects present values savings of 6%, with annual savings of more than $30,000 (see page 1 of report). In order to proceed on a BQ basis this year, we would need to have the Council approve a bond sale no later than the last week of November. Our current November meeting is set for November 14, 2011. Alternatively, a refunding bond issue could proceed in 2012 on a BQ basis depending on the timing and amount of the Town’s next Certificate of Obligation financing. Interest rates are fluctuating quite a bit now which impacts savings. For this reason, we recommend the Council consider adopting a “Delegated Pricing” ordinance that gives us more timing flexibility. This is a more flexible approach than the traditional method of locking in an interest rate on the day that the Town Council meets to approve the sale of the bonds. This involves the Council approving a set of parameters that must be met before the refunding bonds could be issued. Such parameters include, among others, maximum amount of refunding bonds (e.g. $7.785 million), minimum amount of present value savings (e.g. 3%) and a time limit for completing the transaction, (e.g. six months). In addition to establishing parameters, a Delegated Pricing Ordinance delegates the final approval of the refunding bonds to its staff, e.g. Town Manager or Finance Director, who would have to sign off on the transaction before a bond sale and closing may occur. No further Council action would be required. A schedule is attached of the events that will need to take place if we move forward with the “Delegated Pricing” ordinance in November. Page 2 of 2 APPLICABLE STRATEGIC PLAN VISION POINT  Service Excellence  We are Leaders FISCAL IMPACT If the bond refunding is approved at the current rate, the Town could have an annual savings of more than $30,000. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval of a “Delegated Pricing” ordinance at the November Council meeting in order for the Town Manager to take advantage of rates when they are at a point that best benefits the Town regarding the refunding. ATTACHMENTS Schedule of Events Refunding report prepared by Lawrence Financial Consulting LLC TOWN OF WESTLAKE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011 SCHEDULE OF EVENTS (Town Council Meeting Dates Highlighted) Action Date Applications Submitted For Credit Rating and Bond Insurance 10/25/11 Credit Rating/Insurance Received 11/08/11 Preliminary Official Statement Distributed to Investors 11/09/11 Bond Pricing Completed 11/14/11 * Bond Sale (or Delegated Pricing) Approved by Town Council 11/14/11 * Final Official Statement printed 11/22/11 Closing Memorandum Distributed 11/29/11 Attorney General Approval Received 12/13/11 Closing 12/14/11 * Due to market volatility, we may ask Council to approve the Bond Ordinance without the pricing terms (i.e., a Delegated Pricing Ordinance), which may delay the remainder of this schedule. Lawrence Financial Consulting LLC 10/11/2011 Town of Westlake, Texas General Obligation Refunding Bonds Series 2011 Table of Contents Report Debt Service Comparison 1 Pricing Summary 2 Debt Service Schedule 3 Sources & Uses 5 Total Refunded Debt Service 6 !"#$# # %&#’#(% ("’#) *&"+,- ’". " Town of Westlake, Texas General Obligation Refunding Bonds Series 2011 Debt Service Comparison Date Total P+I Existing D/S Net New D/S Old Net D/S Savings 09/30/2012 153,130.42 541,421.88 694,552.30 727,244.38 32,692.08 09/30/2013 336,900.00 622,646.26 959,546.26 994,291.26 34,745.00 09/30/2014 339,950.00 615,881.26 955,831.26 987,526.26 31,695.00 09/30/2015 689,400.00 267,650.00 957,050.00 989,295.00 32,245.00 09/30/2016 507,050.00 75,250.00 582,300.00 614,145.00 31,845.00 09/30/2017 509,900.00 75,250.00 585,150.00 616,165.00 31,015.00 09/30/2018 914,900.00 75,250.00 990,150.00 1,022,565.00 32,415.00 09/30/2019 913,300.00 75,250.00 988,550.00 1,020,037.50 31,487.50 09/30/2020 906,175.00 75,250.00 981,425.00 1,015,150.00 33,725.00 09/30/2021 908,450.00 75,250.00 983,700.00 1,013,637.50 29,937.50 09/30/2022 900,125.00 75,250.00 975,375.00 1,010,212.50 34,837.50 09/30/2023 899,175.00 75,250.00 974,425.00 1,004,875.00 30,450.00 09/30/2024 900,300.00 75,250.00 975,550.00 1,007,625.00 32,075.00 09/30/2025 320,700.00 75,250.00 395,950.00 427,250.00 31,300.00 09/30/2026 315,100.00 75,250.00 390,350.00 422,750.00 32,400.00 09/30/2027 313,500.00 75,250.00 388,750.00 422,750.00 34,000.00 09/30/2028 321,300.00 75,250.00 396,550.00 427,000.00 30,450.00 09/30/2029 -425,250.00 425,250.00 425,250.00 - 09/30/2030 -422,750.00 422,750.00 422,750.00 - 09/30/2031 -424,500.00 424,500.00 424,500.00 - 09/30/2032 -425,250.00 425,250.00 425,250.00 - Total $10,149,355.42 $4,723,599.40 $14,872,954.82 $15,420,269.40 $547,314.58 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings 417,433.29 Net PV Cashflow Savings @ 3.049%(TIC)417,433.29 Contingency or Rounding Amount 1,063.36 Net Present Value Benefit $418,496.65 Net PV Benefit / $6,975,000 Refunded Principal 6.000% Net PV Benefit / $7,785,000 Refunding Principal 5.376% Refunding Bond Information Refunding Dated Date 12/28/2011 Refunding Delivery Date 12/28/2011 !"#$# # %&#’#(% ("’#) *&"+,- ’". " ( ( ( ( Town of Westlake, Texas General Obligation Refunding Bonds Series 2011 Pricing Summary Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 02/15/2013 Serial Coupon 2.000%0.730%95,000.00 101.426% 96,354.70 02/15/2014 Serial Coupon 2.000%0.920%100,000.00 102.272% 102,272.00 02/15/2015 Serial Coupon 2.000%1.180%455,000.00 102.512% 466,429.60 02/15/2016 Serial Coupon 2.000%1.560%280,000.00 101.752% 284,905.60 02/15/2017 Serial Coupon 3.000%1.840%290,000.00 105.653% 306,393.70 02/15/2018 Serial Coupon 3.000%2.130%710,000.00 104.973% 745,308.30 02/15/2019 Serial Coupon 3.000%2.440%730,000.00 103.642% 756,586.60 02/15/2020 Serial Coupon 3.000%2.680%745,000.00 102.321% 762,291.45 02/15/2021 Serial Coupon 3.000%2.800%770,000.00 101.599% 782,312.30 02/15/2022 Serial Coupon 3.000%2.940%785,000.00 100.475%c 788,728.75 02/15/2023 Serial Coupon 3.500%3.110%810,000.00 103.076%c 834,915.60 02/15/2024 Serial Coupon 3.500%3.230%840,000.00 102.117%c 857,782.80 02/15/2025 Serial Coupon 3.500%3.340%280,000.00 101.247%c 283,491.60 02/15/2026 Serial Coupon 4.000%3.450%285,000.00 104.273%c 297,178.05 02/15/2027 Serial Coupon 4.000%3.550%295,000.00 103.479%c 305,263.05 02/15/2028 Serial Coupon 4.000%3.650%315,000.00 102.693%c 323,482.95 Total ---$7,785,000.00 --$7,993,697.05 Bid Information Par Amount of Bonds $7,785,000.00 Reoffering Premium or (Discount)208,697.05 Gross Production $7,993,697.05 Total Underwriter's Discount (0.800%)$(62,280.00) Bid (101.881%)7,931,417.05 Total Purchase Price $7,931,417.05 Bond Year Dollars $71,441.38 Average Life 9.177 Years Average Coupon 3.3095044% Net Interest Cost (NIC)3.1045572% True Interest Cost (TIC)3.0488820% !"#$# # %&#’#(% ("’#) *&"+,- ’". " ( ( ( ( Town of Westlake, Texas General Obligation Refunding Bonds Series 2011 Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 12/28/2011 ----- 02/15/2012 --31,705.42 31,705.42 - 08/15/2012 --121,425.00 121,425.00 - 09/30/2012 ----153,130.42 02/15/2013 95,000.00 2.000%121,425.00 216,425.00 - 08/15/2013 --120,475.00 120,475.00 - 09/30/2013 ----336,900.00 02/15/2014 100,000.00 2.000%120,475.00 220,475.00 - 08/15/2014 --119,475.00 119,475.00 - 09/30/2014 ----339,950.00 02/15/2015 455,000.00 2.000%119,475.00 574,475.00 - 08/15/2015 --114,925.00 114,925.00 - 09/30/2015 ----689,400.00 02/15/2016 280,000.00 2.000%114,925.00 394,925.00 - 08/15/2016 --112,125.00 112,125.00 - 09/30/2016 ----507,050.00 02/15/2017 290,000.00 3.000%112,125.00 402,125.00 - 08/15/2017 --107,775.00 107,775.00 - 09/30/2017 ----509,900.00 02/15/2018 710,000.00 3.000%107,775.00 817,775.00 - 08/15/2018 --97,125.00 97,125.00 - 09/30/2018 ----914,900.00 02/15/2019 730,000.00 3.000%97,125.00 827,125.00 - 08/15/2019 --86,175.00 86,175.00 - 09/30/2019 ----913,300.00 02/15/2020 745,000.00 3.000%86,175.00 831,175.00 - 08/15/2020 --75,000.00 75,000.00 - 09/30/2020 ----906,175.00 02/15/2021 770,000.00 3.000%75,000.00 845,000.00 - 08/15/2021 --63,450.00 63,450.00 - 09/30/2021 ----908,450.00 02/15/2022 785,000.00 3.000%63,450.00 848,450.00 - 08/15/2022 --51,675.00 51,675.00 - 09/30/2022 ----900,125.00 02/15/2023 810,000.00 3.500%51,675.00 861,675.00 - 08/15/2023 --37,500.00 37,500.00 - 09/30/2023 ----899,175.00 02/15/2024 840,000.00 3.500%37,500.00 877,500.00 - 08/15/2024 --22,800.00 22,800.00 - 09/30/2024 ----900,300.00 02/15/2025 280,000.00 3.500%22,800.00 302,800.00 - 08/15/2025 --17,900.00 17,900.00 - 09/30/2025 ----320,700.00 !"#$# # %&#’#(% ("’#) *&"+,- ’". " ( ( ( ( Town of Westlake, Texas General Obligation Refunding Bonds Series 2011 Debt Service Schedule Part 2 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 02/15/2026 285,000.00 4.000%17,900.00 302,900.00 - 08/15/2026 --12,200.00 12,200.00 - 09/30/2026 ----315,100.00 02/15/2027 295,000.00 4.000%12,200.00 307,200.00 - 08/15/2027 --6,300.00 6,300.00 - 09/30/2027 ----313,500.00 02/15/2028 315,000.00 4.000%6,300.00 321,300.00 - 09/30/2028 ----321,300.00 Total $7,785,000.00 -$2,364,355.42 $10,149,355.42 - Yield Statistics Bond Year Dollars $71,441.38 Average Life 9.177 Years Average Coupon 3.3095044% Net Interest Cost (NIC)3.1045572% True Interest Cost (TIC)3.0488820% Bond Yield for Arbitrage Purposes 2.8682890% All Inclusive Cost (AIC)3.1889425% IRS Form 8038 Net Interest Cost 2.9413602% Weighted Average Maturity 9.168 Years !"#$# # %&#’#(% ("’#) *&"+,- ’". " (/ (/ (/ (/ Town of Westlake, Texas General Obligation Refunding Bonds Series 2011 Sources & Uses Dated 12/28/2011 | Delivered 12/28/2011 Sources Of Funds Par Amount of Bonds $7,785,000.00 Reoffering Premium 208,697.05 Total Sources $7,993,697.05 Uses Of Funds Deposit to Net Cash Escrow Fund 7,844,268.69 Costs of Issuance 86,085.00 Total Underwriter's Discount (0.800%)62,280.00 Rounding Amount 1,063.36 Total Uses $7,993,697.05 !"#$# # %&#’#(% ("’#) *&"+,- ’". " (0 (0 (0 (0 Town of Westlake, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation Series 2002 Total Refunded Debt Service Date Principal Coupon Interest Total P+I 05/01/2012 -6.500%106,537.50 106,537.50 05/01/2013 -6.500%213,075.00 213,075.00 05/01/2014 -6.500%213,075.00 213,075.00 05/01/2015 350,000.00 6.500%213,075.00 563,075.00 05/01/2016 --190,325.00 190,325.00 05/01/2017 --190,325.00 190,325.00 05/01/2018 405,000.00 5.750%190,325.00 595,325.00 05/01/2019 425,000.00 5.750%167,037.50 592,037.50 05/01/2020 445,000.00 5.750%142,600.00 587,600.00 05/01/2021 470,000.00 5.750%117,012.50 587,012.50 05/01/2022 495,000.00 5.750%89,987.50 584,987.50 05/01/2023 520,000.00 5.750%61,525.00 581,525.00 05/01/2024 550,000.00 5.750%31,625.00 581,625.00 Total $3,660,000.00 -$1,926,525.00 $5,586,525.00 Yield Statistics Average Life 8.952 Years Weighted Average Maturity (Par Basis) 8.952 Years Average Coupon 5.7767717% Refunding Bond Information Refunding Dated Date 12/28/2011 Refunding Delivery Date 12/28/2011 "" !"#$# # %&#’#(% ("’#) *&"+,- ’". " (1 (1 (1 (1 Town of Westlake, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation Series 2003 Total Refunded Debt Service Date Principal Coupon Interest Total P+I 05/01/2012 -3.650%79,285.00 79,285.00 05/01/2013 -3.700%158,570.00 158,570.00 05/01/2014 -3.875%158,570.00 158,570.00 05/01/2015 -4.000%158,570.00 158,570.00 05/01/2016 190,000.00 4.200%158,570.00 348,570.00 05/01/2017 200,000.00 4.300%150,590.00 350,590.00 05/01/2018 210,000.00 4.400%141,990.00 351,990.00 05/01/2019 220,000.00 4.750%132,750.00 352,750.00 05/01/2020 230,000.00 4.750%122,300.00 352,300.00 05/01/2021 240,000.00 4.750%111,375.00 351,375.00 05/01/2022 250,000.00 4.750%99,975.00 349,975.00 05/01/2023 260,000.00 4.750%88,100.00 348,100.00 05/01/2024 275,000.00 5.000%75,750.00 350,750.00 05/01/2025 290,000.00 5.000%62,000.00 352,000.00 05/01/2026 300,000.00 5.000%47,500.00 347,500.00 05/01/2027 315,000.00 5.000%32,500.00 347,500.00 05/01/2028 335,000.00 5.000%16,750.00 351,750.00 Total $3,315,000.00 -$1,795,145.00 $5,110,145.00 Yield Statistics Average Life 10.983 Years Weighted Average Maturity (Par Basis) 10.983 Years Average Coupon 4.8617236% Refunding Bond Information Refunding Dated Date 12/28/2011 Refunding Delivery Date 12/28/2011 !"#$# # %&#’#(% ("’#) *&"+,- ’". " (2 (2 (2 (2 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. Town of Westlake Item # 5 – Workshop Executive Session Town of Westlake Item # 6 – Workshop Reconvene Meeting The Council conducted a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. Town of Westlake Workshop Item # 7 – Take any Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 8 Council Recap / Staff Direction Town of Westlake Item # 9 – Workshop Adjournment 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 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 September 26, 2011. b. Consider approval of the minutes from the meeting held on October 3, 2011. c. Consider approval of Resolution 11-30, Authorizing the Town Manager to execute Amendment No. 1 to the Economic Development Agreement with Deloitte LLP. d. Consider approval of Resolution 11-31, Appointing a member to the Westlake Academy Foundation Board. e. Consider approval of Resolution 11-32, Appointing a member to the Westlake Historical Preservation Society. f. Consider approval of Ordinance 668, Amending the Code of Ordinances, Chapter 82, Subdivisions, Article XIII, Open Space, adding Sections 82-387 through 82-392, Park Land Dedication. g. Consider approval of Ordinance 669, Amending the Code of Ordinances, Chapter 36, Engineering Standards, Article II, Roadway Facilities, Section 36-44, Driveway Design Standards Town of Westlake Item # 3 - Consent Agenda Items Town Council Minutes 09/26/11 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 26, 2011 PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, Carol Langdon, and Rick Rennhack. ABSENT: Tim Brittan and David Levitan OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Director of Communications & Community Affairs Ginger Awtry, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, and Director of Public Works Jarrod Greenwood. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:07 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 SEPTEMBER 26, 2011, REGULAR MEETING. Discussion ensued regarding the current recruitment and selection process used by Affiliate/Advisory boards. Council asked Staff to organize an orientation process for Chairs and new board members. 4. REPORTS a. Report regarding traffic counts on Dove and Ottinger Roads. Director of Public Works Greenwood provided a quick overview of the studies as presented. Town Council Minutes 09/26/11 Page 2 of 4 Discussion ensued regarding the time of the first study, the knowledge gained from the study such as the speed limit and the volume of traffic, the type of the vehicle traffic on the road and when they are using the road. 5. DISCUSSION ITEMS a. Discussion regarding Proposed Parkland Dedication and Fee ordinance. Facilities and Recreation Director Meyer provided a presentation and overview of the proposed ordinance. Discussion ensued regarding the consistency of the proposed ordinance with surrounding communities, the use of this tool during economic development negotiations, acre ratio comparisons, the benefits of the current private open space, and an overview of the current Planned Developments. Mayor and Council asked staff revise the ordinance from 1 acre per 40 dwelling lots to 1 acre per 30 dwelling lots for residential development. b. Discussion and construction update regarding FM 1938. Director of Public Works Greenwood provided a presentation and status update of the project. Discussion ensued regarding the sidewalks, the traffic pattern changes, and projected streetscape schedule. c. Discussion and overview of SB 100 regarding elections. Town Secretary Edwards provided an update regarding the Town’s May election contracting options with both Denton and Tarrant counties. 6. COUNCIL RECAP / STAFF DIRECTION The Council directed staff to revise the proposed Parkland Dedication ordinance to reflect 1 acre per 30 dwelling lots for residential development and prepare it for adoption in October. The Council directed staff to provide additional communications to the residents regarding the various closures, traffic pattern changes and duration to the residents regarding the FM1938 construction project. 7. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 7:15 p.m. Town Council Minutes 09/26/11 Page 3 of 4 Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:18 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on August 15, 2011. b. Consider approval of the minutes from the meeting held on August 29, 2011. c. Consider approval of the minutes from the meeting held on September 12, 2011. d. Consider approval of Resolution 11-27, Appointing a member to the Westlake Academy Foundation Board. e. Consider approval of Resolution 11-28, Authorizing the Town Manager to negotiate and enter into an agreement with Level 3 Communications, LLC, for the use of the Town’s telecommunication ductbank. f. Consider approval of Ordinance 667, Amending the Code of Ordinances, Chapter 98, Vegetation, Article II, Division 2, Preservation, Section 98-48, Tree Replacement Requirements. MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 4. FUTURE AGENDA ITEMS - None 5. COUNCIL CALENDAR - Town Offices Closed September 5, 2011 - Town Council Meeting September 12, 2011 - Texas Municipal League October 11-14, 2011, Houston - Westlake Baja at Vaquero October 11, 2011, 5:00 p.m. - Monster Mash hosted by WA HOC October 22, 2011, 5:00-8:00 pm. - Westlake Vintage Car Show hosted by WHPS October 29, 2011, 11:00-4:00, Solana Club parking lot Town Council Minutes 09/26/11 Page 4 of 4 6. 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 3-0. Mayor Wheat adjourned the meeting at 7:19 p.m. APPROVED BY THE TOWN COUNCIL OCTOBER 24, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 10/03/11 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS SPECIAL TOWN COUNCIL MEETING October 3, 2011 PRESENT: Council Members, Tim Brittan, Clif Cox, Carol Langdon, David Levitan and Rick Rennhack. ABSENT: Mayor Laura Wheat OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Director of Communications & Community Affairs Ginger Awtry, and Finance Director Debbie Piper. Special Session 1. CALL TO ORDER Mayor Pro Tem Langdon called the special meeting to order at 6:19 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSIDERATION AND DISCUSSION OF CONSIDERATION OF A RESOLUTION 11-29, AUTHORIZING THE TOWN MANAGER TO SUBMIT AN INVOICE FOR MANAGEMENT OVERSIGHT FEES TO THE TEXAS STUDENT HOUSING AUTHORITY (TSHA). Town Manager Brymer provided an overview of the item MOTION: Council Member Cox made a motion to approve Resolution 11-29 with revisions as discussed. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/03/11 Page 2 of 2 4. ADJOURNMENT There being no further business before the Council, Mayor Pro Tem Langdon asked for a motion to adjourn the meeting. MOTION: Council Member Brittan made a motion to adjourn the meeting. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 6:22 p.m. APPROVED BY THE TOWN COUNCIL OCTOBER 24, 2011. ATTEST: _____________________________ Carol Langdon, Mayor Pro Tem _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Administration Meeting Date: October 24, 2011 Staff Contact: Tom Brymer, Town Manager Consent Ginger Awtry, Communications & Community Affairs Director Subject: Consider approval of Resolution11-30, Authorizing the Town Manager to execute Amendment No. 1 to the Economic Development Agreement with Deloitte LLP. EXECUTIVE SUMMARY On March 24, 2008, the Board of Aldermen (now Town Council) approved Resolution 08-19 regarding the Deloitte LLP Economic Development Agreement. As the completion of the building drew near and Deloitte selected Benchmark as their management company for the hotel operations of Deloitte University, it became necessary for Deloitte to make changes in the original design and set-up. The relative changes affecting the Westlake Economic Development Agreement (EDA) consisted of a decrease in the building’s square footage and the number of direct Deloitte employees. These changes were first brought to us earlier in the year by Deloitte and we have been working with them throughout this time to finalize the proposed amendments. The attached matrix summarizes the necessary changes to both the Westlake agreement and the Tarrant Council agreement. For the Westlake EDA, the proposed amendments consist of decreasing the defined square footage from 750,000 down to 717,000 gross square feet. While the total number of jobs required in the Westlake agreement remains the same at 100, the make-up of this number does change from 100 direct Deloitte jobs to a combination of Deloitte employees and upper management employees of Benchmark. As shown in the summary matrix, Tarrant County’s agreement contains many more specific requirements for their abatement agreement. Additionally, Town staff requested that a section be placed in the EDA about sales tax refunds similar to the agreement for the Deloitte Procurement Company, should it be implemented. The proposed changes increase the ad valorem revenues by 10% for Westlake as staff required Deloitte to lower the percentage of tax abatement to 65% from the original 75% for 10 years as stated in the approved EDA. The requested changes to Westlake’s agreement are in line with like amendments to the Tarrant County agreement as well. There were also two additional changes as noted in the red-lined Addendum regarding the number of notification days for both Deloitte and the Town in the case of any Sales Tax refunds received from the State Comptroller regarding Deloitte’s sales tax reported. Also, the language regarding Westlake’s levying of an Ad Valorem tax was also changed to reflect the current status. APPLICABLE STRATEGIC PLAN VISION POINT Inviting Residential and Corporate Neighborhoods We are Leaders Hospitality Finds its Home in Westlake Page 2 of 2 FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval of the proposed amendments as indicated in Amendment No. 1 to the Deloitte LLP Economic Development Agreement, previously approved on March 24, 2008 by Resolution 08-19. ATTACHMENTS Matrix of proposed amendments to both the Town of Westlake and the County Agreement Resolution 11-30 with Exhibit A, Amendment No. 1 to original EDA with Deloitte LLP . Deloitte University Description of Provision Terms of Original Town of Westlake Economic Development Agreement Proposed Adjustment to Town of Westlake Economic Development Agreement Terms included in 1st Amendment to Tarrant County Agreement Square Footage for Construction 750,000 gross square feet 717,000 gross square feet 717,000 square feet Construction/Project Costs $200 million project costs No Change $145 million construction expenditure; $30 million personal property expenditure Jobs 100 jobs 100 new jobs can allow for a combination of partners, principals, or employees of Deloitte and upper management employees of Benchmark 100 new full-time jobs can come from a combination of Deloitte employees and Benchmark upper management positions. New jobs must have average annual salaries of at least $75,000 and must include at least 45 Deloitte positions Residency N/A N/A 25% of all full-time employees at DU site must be Tarrant County residents Location of Construction, Supply & Service Contractors N/A N/A 25% Tarrant County contractors DBE Status of Construction, Supply & Service Contractors N/A N/A 15% DBE contractors Base Abatement Percentage N/A N/A Base ad valorem tax abatement of 55% Completion Date Phase I constructed on or before 1/1/2014 No Change Substantial completion of all construction by 12/31/2011 Additional Abatement Percentage N/A N/A Additional abatement percentage up to 10% Maximum Abatement Percentage and Duration of Abatement 75% abatement for 10 years 65% abatement for 10 years 65% abatement for 10 years Tarrant County and Town of Westlake Economic Development Agreement Provision Summary Summary Current as of September 7, 2011 TOWN OF WESTLAKE RESOLUTION NO. 11-30 CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE ECONOMIC DEVELOPMENT AGREEMENT APPROVED BY RESOLUTION 08-19 WITH DELOITTE LLP FOR A LEARNING AND INNOVATION CENTER PURSUANT TO THE TOWN OF WESTLAKE ECONOMIC DEVELOPMENT POLICY AND TAX ABATEMENT POLICY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The Town Council adopted an Economic Development Incentive Policy by Resolution 06-19 on May 8, 2006, and a commercial/industrial tax abatement reinvestment zone by Ordinance 589 on March 24, 2008; and WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code the Town Council (the “Council”) has adopted a program for granting public funds in the form of sales tax rebates to promote local economic development, and stimulate business and commercial activity in the Town of Westlake, Texas (the “Town”); and WHEREAS, pursuant to said policy and Chapter 380 of the Texas Local Government Code the Council finds that Amendment No. 1 to the Deloitte Economic Development Agreement, approved by Resolution 08-19 on March 24, 2008, will continue to promote the economic development and stimulate business and commercial activity in the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas hereby approves Amendment No. 1 to the economic development agreement cited above, by and between the Town of Westlake, Texas, and Deloitte LLP and attached hereto as Exhibit "A" and incorporated herein for all purposes is hereby approved; and further authorizes the Town Manager to execute the Amendment No. 1 on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 24TH DAY OF OCTOBER 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 5 Amendment No. 1 to Economic Development Agreement between the Town of Westlake and Deloitte LLP STATE OF TEXAS § COUNTY OF TARRANT § AMENDMENT NO. 1 TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND DELOITTE LLP This AMENDMENT NO. 1 TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE, TEXAS AND DELOITTE LLP (“Amendment”) is entered into by and between THE TOWN OF WESTLAKE, TEXAS (the “Town”), and DELOITTE LLP, a Delaware limited liability partnership (the “Company”). The Town and Company hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Company have entered into this Amendment: A. The Town and Company previously entered into that certain Economic Development Agreement, approved by the Town of Westlake on March 24, 2008, through Resolution No. 08-19 (the “Agreement”). The Agreement requires Company and/or its Affiliates to complete the construction and maintenance of a minimum 750,000 gross square feet of total structures on the Land, expend at least $200 million in Project Costs, and to create and maintain at least 100 Jobs (“Minimum Threshold Eligibility Requirements”) in order for the Company to be eligible to receive a ten (10)-year Abatement on the all real and personal property ad valorem taxes which may be assessed by the Town, and receive a Chapter 380 Grant based upon sales taxes. B. Following final architectural design and layout of the facility, Company has requested that the minimum square footage that must be constructed under the Minimum Threshold Eligibility Requirements be reduced from 750,000 gross square feet to 717,000 gross square feet. In addition, Company is requesting that the Jobs requirement under the Minimum Threshold Eligibility Requirements be modified to allow for a combination of partners, principals or employees of Company or its Affiliates and employees of the contracted operator of the Qualified Facilities in director, management or supervisor positions. Based on the expected economic and other public benefits that will accrue from completion of the Required Improvements, the Town is willing to amend the Agreement to accommodate Company’s requests. C. This Amendment is authorized under § 312.208 of the Texas Tax Code because (i) the provisions of this Amendment could have been included in the original Agreement and (ii) this Amendment has been entered into following the same procedure in which the Agreement was approved and executed. NOW, THEREFORE, the Town and Company, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: Page 2 of 5 Amendment No. 1 to Economic Development Agreement between the Town of Westlake and Deloitte LLP 1. The following term provided in Section 1. (DEFINITIONS) of the Agreement is hereby amended to be defined as follows: “Jobs” shall mean all positions held by (i) an employee, partner or principal of Deloitte LLP or any of its Affiliates, in which such employee, partner or principal works on a full-time basis for Deloitte LLP or any of its Affiliates and has an office in, or works primarily from, the Qualified Facilities, or (ii) an employee of the Qualified Operator in a director, management, or supervisor position, in which such employee works on a full-time basis primarily from the Qualified Facilities. 2. The following term provided in Section 1. (DEFINITIONS) of the Agreement is hereby amended to be defined as follows: “Minimum Threshold Eligibility Requirements” shall mean (i) the construction and maintenance of a minimum 717,000 gross square feet of total structures on the Land; (ii) the existence of at least one hundred (100) Jobs; and (iii) the expenditure of no less than $200,000,000 on Project Costs. 3. Section I. (DEFINITIONS) of the Agreement is hereby amended to add the term and definition as follows: “Qualified Operator” shall mean the company, corporation or other business entity with which Deloitte LLP or any of its Affiliates contracts to manage and operate the Qualified Facilities, the name of which and, upon request, evidence of said contract, shall be provided to the Town. 4. Subsection A of Section 10 (TAX ABATEMENT) of the Agreement is hereby amended to read as follows: A. The parties acknowledge that the Town has recently levied ad valorem taxes against real or personal property within the Town. However, as a material inducement to Deloitte LLP and its Affiliates to construct the Qualified Facilities, the Town hereby grants a tax abatement of sixty-five percent (65%), such that Deloitte LLP and its Affiliates shall pay thirty-five percent (35%), of all real and personal property ad valorem taxes which may hereafter be assessed by the Town and which may be abated under Ch. 312 of the Tax Code (or any successor statute) on each Qualified Facility constructed in the Project. 5. Section 14 of the Agreement is hereby amended to add Subsection E as follows: E. In the event the State determines that the Town erroneously received Sales Tax Receipts, or that the amount of sales and use tax paid to the Town exceeds the correct amount of sales and use tax owed to the Town, and, as a result, a previous grant paid to Deloitte LLP under this Section 14 exceeded the amount actually due to Deloitte LLP (calculated based on the State’s reasonable determination)(any such excess amount being referred to herein as an “Excess Grant”), then Deloitte LLP Page 3 of 5 Amendment No. 1 to Economic Development Agreement between the Town of Westlake and Deloitte LLP shall, within sixty (60) days after receipt of written notice from the Town specifying the amount of the Excess Grant, repay the amount of the Excess Grant to the Town. In lieu of repaying the amount of the Excess Grant to the Town, Deloitte LLP may instruct the Town in writing to reduce the amount of the grant payment for the calendar quarter immediately following Deloitte LLP’s receipt of the Town’s written notice of the Excess Grant by the amount of the Excess Grant. In such case, the Town shall deliver a written notice to Deloitte LLP acknowledging the amount of the Excess Grant that has been deducted from the applicable grant payment. As a condition precedent to Deloitte LLP’s obligation to refund the amount of an Excess Grant to the Town or authorize the Town to reduce the grant payment, Deloitte LLP shall have received a copy of the State’s written determination, if any, or such other evidence to substantiate the amount of the Excess Grant as is acceptable to Deloitte LLP in its reasonable discretion. Should Deloitte LLP cause a refund to occur through its own action, Deloitte LLP will notify the Town within sixty (60) days of receiving the determination of the refund request from the State. 6. Capitalized terms used but not identified in this Amendment shall have the same meanings assigned to them in the Agreement. 7. Except as otherwise specifically amended in this Amendment, the Agreement shall remain in full force and effect. 8. This Amendment contains the final written expression of the Town and Company with respect to the subject matter hereof. This Amendment may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: [SIGNATURES IMMEDIATELY FOLLOW ON NEXT TWO (2) PAGES] Page 4 of 5 Amendment No. 1 to Economic Development Agreement between the Town of Westlake and Deloitte LLP TOWN OF WESTLAKE, TEXAS: *APPROVED AS TO FORM: A municipal corporation By: Thomas E. Brymer Town Manager Date: ATTEST: By: Ordinance No. Town Secretary * By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney (s). STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Thomas E. Brymer, Town Manager of the TOWN OF WESTLAKE, TEXAS, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the TOWN OF WESTLAKE, that he was duly authorized to perform the same by appropriate resolution of the Tarrant County Commissioners Court and that he executed the same as the act of the TOWN OF WESTLAKE for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____day of _______________________, 2011. Notary Public in and for the State of Texas Notary's Printed Name Page 5 of 5 Amendment No. 1 to Economic Development Agreement between the Town of Westlake and Deloitte LLP DELOITTE LLP By: Name: Title: Date: STATE OF _____________ § COUNTY OF____________ § BEFORE ME, the undersigned authority, on this day personally appeared __________________________(name) , _______________________(title) of DELOITTE LLP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of DELOITTE LLP. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______day of __________________, 20___. Notary Public in and for the State of _____________ Notary's Printed Name Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Secretary Meeting Date: October 24, 2011 Staff Contact: Kelly Edwards Regular Town Secretary Subject: Consider approval of Resolution 11-31 appointing a member to the Westlake Academy Foundation Board. EXECUTIVE SUMMARY Currently the Foundation has three (3) vacant seats. The Foundation would like to appoint Mr. Sean Shope to the board filling one of the vacancies. 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 Consider appointment ATTACHMENTS Email from Executive Director Myers Application Resolution 1 Ginger Awtry From:Shelly Myers [smyers@westlakeacademy.org] Sent:Thursday, September 22, 2011 3:46 PM To:Kelly Edwards Subject:WAF Board-approved application Hi Kelly, At our Sept. 16 Board meeting, Sean Shope’s application for service was approved by our Board. Please put on appropriate upcoming agenda and we’ll go from there! Thanks, Kelly! sm ***************************** Dr. Shelly S. Myers Executive Director Westlake Academy Foundation 2600 JT Ottinger Road Westlake, TX 76262 817.490.5722 p 817.490.5758 f www.westlakeacademy.org Resolution 11-31 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE ACADEMY FOUNDATION BOARD. WHEREAS, Currently, vacancies exist on the Westlake Academy Foundation board; and WHEREAS, the Town Council has received one applications for consideration of appointment; 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 Academy Foundation board for the term noted below: Sean Shope - terms 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 24th DAY OF OCTOBER 2011. ___________________________________ Laura Wheat, Mayor Resolution 11-31 Page 2 of 2 ATTEST: ____________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Secretary Meeting Date: October 24, 2011 Staff Contact: Kelly Edwards Regular Town Secretary Subject: Approval of Resolution 11-32 appointing a member to the Westlake Historical Preservation Society. EXECUTIVE SUMMARY Currently the Historical Preservation Society has vacant seats. The Historical Preservation Society would like to appoint Mrs. Megan Brady to the board filling one of the vacancies. 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 Consider appointment ATTACHMENTS Application Resolution Resolution 11-32 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-32 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD. WHEREAS, Currently, a vacancy exist on the Westlake Historical Preservation Society board; and WHEREAS, the Town Council has received an application for consideration of appointment; 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 Historical Preservation Society board for the term noted below: Megan Brady - 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 24th DAY OF OCTOBER 2011. ___________________________________ Laura Wheat, Mayor Resolution 11-32 Page 2 of 2 ATTEST: ______________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Facilities and Recreation Meeting Date: October 24, 2011 Staff Contact: Troy J. Meyer Consent Director of Facilities & Recreation Subject: Consider approval of Ordinance 668 amending the Code of Ordinances, Chapter 82, Subdivisions, Article XIII, Open Space, adding Sections 82-387 to 82-392, Parkland Dedication. EXECUTIVE SUMMARY In the Town’s current Council adopted Strategic Plan, the following statements are found: Vision Point Two ~ “We are Leaders” and the associated Key Result Areas ~ “High Quality Service Delivery Coupled with Financial Stewardship” Outcome Strategy ~ discussion of growth related policies as it relates to the consideration of a parkland dedication and fee ordinance In conjunction, the 2011 DirectionFinder results indicate that residents “were least satisfied with the number of parks and walking/biking trails in the community” with a rating of 53%. Staff has made this a priority to review and bring suggestions to the Board to address this issue for our community. At the June 13, 2011workshop, staff presented a draft of the parkland dedication and fee ordinance and was directed by Council to solicit feedback from the various stakeholders. Having obtained input from Hillwood, Maguire Partners and Paul Spain, staff presented a modified ordinance on August 29, 2011, which included the following revision to the previously proposed ordinance: 1. Residential ratio increase to one acre for every 40 dwelling units and non- residential to one acre for every 50 non-residential gross acres of development. Later discussion was had at the workshop held on September 26, 2011, where Council gave direction to establish the following: 1. Residential ratio from one acre for every 40 dwelling units to one acre for every 30 dwelling units 2. Maintain the ratio for non-residential at one acre for every 50 non- residential gross acres of development. The Council also indicated they were comfortable considering for Ordinance for adoption at the next meeting. Page 2 of 2 Following those directives, staff is presenting the Ordinance for approval. These changes still allow the Council to use the parkland dedication and fee ordinance as a tool to provide recreation area, open space, trails and private and public parks by utilizing “the growth pays for growth” concept to facilitate future planning. 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 82 of the Code of Ordinances. ATTACHMENTS Ordinance 668 Ordinance 668 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 668 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 82 SUBDIVISIONS, ARTICLE XIII ADDING SECTIONS 82-387 TO 82-392 PROVIDING FOR PARK LAND DEDICATION 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 of the Town of Westlake finds it necessary to allow the parkland dedication/fee ordinance to be used as a tool for the Council to identify open space, trails, private parks, public parks and/or recreation areas necessary for the future planning of the Westlake community while allowing growth to pay for growth; and WHEREAS, to promote Westlake as a community with a high quality of life that demonstrates leaders in serving our residents. WHEREAS, upon the recommendation of the Town staff, 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 CHAPTER 82, ARTICLE XIII to the park land dedication requirement 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 82, Article XIII, Sections 82.387 through 82.392 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. CHAPTER 82, ARTICLE XIII, PARK LAND DEDICATION REQUIREMENTS Section 82.387 Purpose and Intent: The requirements for park and recreational areas contained in this Article are intended to ensure that sufficient land is dedicated or otherwise set aside to meet the demand and need of our future residents for parks and recreational areas. In determining the size, shape and quality of the parks and recreational areas that should be set aside and reserved in the manner set out in this Article, the Town has considered the projected growth in population and development within the municipality and the amount of park and recreational facilities needed to accommodate such growth as stated in the Parks, Recreation, and Open Space Master Plan. Section 82.388 Applicability: (a) Unplatted Property: This article applies to all property for which a final plat has not been formally submitted to the Town for approval, unless otherwise Ordinance 668 Page 2 of 4 noted herein. (b) Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at the time of adoption of this ordinance shall be exempt from the dedication requirements of the Article herein. This exemption pertains only to the tract and/or lot the existing residential dwelling is built upon. Any additional lots created by subdivision of said property shall be subject to the requirements herein. (c) Date of Assessment: All requirements contained in this article shall be assessed at the time of approval of the final plat of any applicable property. Section 82.389 Land Dedication Requirements: (a) General: Land dedication requirements herein are based on the Town's adopted Land Use Plan and the Parks - Recreation & Open Space Master Plan. The developer shall show the land dedication requirements contained herein with the submittal of a development plan, concept plan, preliminary plat or other appropriate development submittal. (1) Residential Developments: Park and recreational areas, meeting the requirements contained within this Article, shall be dedicated to the Town at a ratio of one (1) acre of park land for every thirty (30) residential dwelling units or prorated portion thereof. (2) Non-Residential Developments: Non-residential developments create environmental impacts which may negatively affect the living environment of the community. These impacts may be ameliorated or eliminated by providing park or open space areas which buffer adjoining land uses, prevent undue concentration of paved areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural buffers to the spread of fire or explosion, and provide separation of lighting, waste disposal, and noise by-products of non- residential operations and activities from adjacent residential areas. The Town hereby determines that non-residential developments must provide dedicated parks and/or reserved public open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development or prorated portion thereof. (3) Off-site Dedications: With the consent of the Town Council, a developer may dedicate the required park land for a development at another location within the Town, provided that the off-site land dedication is in accordance with this Article. (b) Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the amount of land dedication required of a proposed development, the Town may, at its discretion, apply former dedications which were in excess of the requirement at that time to current or future dedication requirements of the same owner/applicant. A dedication or cash payment in lieu of dedication made prior to the passage of this ordinance shall be controlled by the provisions of the ordinance in effect at the time such obligation arose, provided the final plat has been submitted to the Town for approval prior to the passage of this Ordinance. At the discretion of the Town, any former gift of land to the municipality may be credited under the terms of the current ordinance toward eventual land dedication requirements imposed on the donor of such lands. Ordinance 668 Page 3 of 4 Section 82.390 Characteristics of Parkland: The Town Council shall consider the characteristics of proposed dedicated park and recreational areas as outlined in the Parks – Recreation & Open Space Master Plan. In determining whether to accept or refuse the dedication of park lands, fees, facilities or a combination thereof as outlined in Article 82.391 below, the Town Council shall consider the Parks - Recreation & Open Space Master Plan, and other policies and ordinances, as a guideline for such decisions. Section 82.391 Alternatives to Land Dedication: In any case where a dedication is required, the Town Council shall have the right, but not the obligation, to accept the dedication as submitted for approval, or in the alternative, to refuse dedication of the same, and in lieu thereof to require payment of cash under the formula contained in this Article or to allow the developer to construct recreation or park improvements. The Town may permit a combination of dedication, improvements and fees to be used to fulfill this requirement. (a) Fee Payment: (1) Approval of Fee Payment: The Town Council shall determine the acceptability of a developer’s payment of fees in lieu of the land dedication requirement of this Article. (2) Calculation of Fees: The Town Council shall periodically establish an acreage land value cost figure to be used in calculating park fees. This determination shall be based on a study approved by the Town Council. The figure shall be the acreage cost under which all park fees are calculated. Fees paid in lieu of dedication shall be based on a determination made by the Town Council. Fees shall be paid prior to the Final Plat being filed, unless authorized otherwise in a developer’s agreement approved by the town council. (b) Physical or Equipment Improvements to Public Parks: (1) Compatibility with Park Master Plan: The Town Council may grant a developer the option of improving existing facilities within municipal parks and/or improving dedicated park land in lieu of park land dedication or payment of cash. Should any of these options be approved, the Town and the developer shall, prior to initiation of work on such improvements, enter into a Developer’s Agreement. In no case shall the Town be required to reimburse the developer for improvements at an amount greater than required by this Article. A request to provide facility improvements in lieu of dedication shall be submitted in writing. Section 82.392 Private Parks and Recreation or Open Spaces: If a developer desires to incorporate a private park within its development they may request limited credit for these private parks facilities against their public parks dedication requirements. A developer may request credit for any private park but such private park may satisfy no more than 10% of the total park and recreation area dedication requirement of this ordinance. The Town must approve the incorporation of private park or recreation areas to meet the requirements of this Article. Ordinance 668 Page 4 of 4 The Town Council shall have authorization to grant a variance to the Park Land Dedication requirements of this Article, but not to any other sections of this Article. A variance request will only be considered for applicants that seek to plat and develop under an existing or new Planned Development District. SECTION 4: That all provisions of Ordinance Chapter 82 Article XIII not hereby amended shall remain in full force and effect. SECTION 5: 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 6: 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 maximum amount authorized by law for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: 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 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 24th DAY OF OCTOBER 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Public Works Meeting Date: October 24, 2011 Staff Contact: Jarrod Greenwood Consent Public Works Director Eddie Edwards Director of Planning & Development Subject: Consider approval of Ordinance 669 amending the Code of Ordinances, Chapter 36, Engineering Standards, Article II, Roadway Facilities, Section 36-44, Section 4: Driveway Design Standards. EXECUTIVE SUMMARY Driveway access and regulation is necessary to adequately protect the public health, safety and welfare. The collector and arterial roadways along with the state highways are designed to accommodate peak traffic volumes and to maintain smooth traffic flow in the town. Driveways create conflicting turning movements and congestion, negatively impacting the roadways. In order to protect the major roadways’ vehicular capacity and to improve public safety, the residential driveway connections are proposed to be allowed on local streets only. In other words, this amendment to the engineering standards will prohibit residential driveway access to collector and arterial roadways, as well as, state highways. The net effect would be that future residential development driveways must connect to local roadways classified as local streets. 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. ATTACHMENTS Ordinance No. 669 Ordinance 669 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 669 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE ENGINEERING STANDARDS CHAPTER 36, ARTICLE II, SECTION 36-44; ROADWAY FACILITIES REVISING REGULATIONS FOR THE LOCATION OF RESIDENTIAL DRIVEWAYS; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The Town Council of the Town of Westlake has determined that driveway access and design regulations is necessary to adequately protect the public health, safety and welfare ; and WHEREAS, Driveway access and design regulation can reduce the number of vehicular accidents by reducing the number of conflicting turning movements; and WHEREAS, regulating residential driveways to connecting local streets only can reduce congestion and increase roadway capacity on the major roadways; and 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 36, Article II Engineering Standards, Section 36-44 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. ARTICLE II: Roadway Facilities Subsection 4E: Driveway Design Standards, Design Criteria The following requirement shall be added and state “Residential driveways shall connect to local streets only”. Table 4E-1.1 – Driveway Design Standards shall be replaced by the following table: Ordinance 669 Page 2 of 3 Revised: 10/17/2011 Table 4E.1.1 - Driveway Design Standards Criteria Street Classification Residential Driveway Commercial & Multi-Family Driveway Industrial Driveway Driveway Throat Width* State Highways & frontage roads N/A 30-36 ft. 30-48 ft. Arterials N/A 30-36 ft. 30-48 ft. Collectors N/A 24-36 ft. 30-48 ft. Local Streets 10-20 ft. 24-36 ft 24-36 ft. Driveway Curb Radius* State Highways & frontage roads N/A 20-30 ft. 20-40 ft. Arterials N/A 20-30 ft. 20-40 ft. Collectors N/A 20-30 ft. 20-30 ft. Local Streets 5-10 ft. Minimum Centerline Driveway Spacing Along Roadway ** State Highways & frontage roads N/A 500 ft. 500 ft. Arterials N/A 250 ft. 250 ft. Collectors N/A 150 ft. 150 ft. Local Streets 20 ft. 100 ft. 100 ft. Minimum Distance to Intersection Along Roadway *** State Highways & frontage roads N/A 250 ft. /500 ft. 250 ft. /500 ft. Arterials N/A 250 ft. /500 ft. 250 ft. /500 ft. Collectors N/A 150 ft. /300 ft. 150 ft. /300 ft. Local Streets 30 ft. 100 ft. 100 ft. * The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, if traffic volumes, truck usage, common driveways, and other factors warrant such. ** The minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the Town Engineer, in consultation with the Town Transportation Planner/Engineer. *** Distance measured from nearest edge of the driveway throat to the intersecting R.O.W. line. Ordinance 669 Page 3 of 3 Note: Residential driveways shall be allowed on local streets only. SECTION 3: That all provisions of this Ordinance shall remain in full force and effect. 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: 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) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 24th DAY OF OCTOBER 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: Finance Meeting Date: October 24, 2011 Staff Contact: Debbie Piper, Finance Director Consent Subject: Conduct a public hearing and consideration of Ordinance 670, Freeport Exemption to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253 EXECUTIVE SUMMARY In 2007, the 80th Texas Legislature enacted Texas Tax Code 11.253 (House Bill 621) which implemented the goods-in-transit exemption authorized by Texas Constitution, Art. 8, Sec. 1-n. That bill defined “goods-in-transit” in part as tangible personal property detained in a location in this state whose owner did not have direct or indirect ownership of the facility at which the property was assembled, stored, manufactured, processed, or fabricated. House Bill 621 also provided for a local option to tax goods-in-transit notwithstanding the authorized exemption. And, a number of taxing units chose to do so beginning in tax year 2008 by taking official action through their governing bodies. There is now a new local option available. The 82nd Legislature has now enacted Senate Bill 1, amending 11.253 and, through that amendment, has narrowed the definition of “goods-in- transit.” The amendment is effective October 1, 2011 and it applies to tax years 2012 and subsequent. The only exemption now authorized relates only to those goods being stored. Senate Bill 1, under the new subsection (j-l) of Section 11.253, also requires that if a taxing unit wishes to tax the newly defined goods-in-transit, then it must take affirmative action to do so before December 31st of this year, even if the taxing unit previously acted under House Bill 621 back in 2007. If the taxing unit favors the exemption, then no affirmative action needs to be taken. Staff does not feel this will affect the Town, at this point in time; however, we want to be pro- active in maintaining the option to allow for taxation of these types of in-transit goods. APPLICABLE STRATEGIC PLAN VISION POINT  Service Excellence  We are Leaders FISCAL IMPACT Currently, there is no fiscal impact Page 2 of 2 RECOMMENDATION / ACTION REQUESTED/ OPTIONS Approval of the taxation of goods-in-transit which would otherwise be exempt pursuant to Texas Tax code, Section 11.253. ATTACHMENTS Ordinance 670 Ordinance 670 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 670 AN ORDINANCE OF THE TOWN OF WESTLAKE TO APPROVE THE TAXATION OF GOODS-IN-TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253; AND PROVIDING AN EFFECTIVE DATE ON AND AFTER ITS ADOPTION. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the 82nd Texas Legislature during its Special Session enacted Senate Bill 1 which amended Texas Tax Code 11.253, under which personal property consisting of goods-in-transit, as newly defined, are exempt from taxation; and WHEREAS, a new subsection (j-1) was added to 11.253 by Senate Bill 1, and which provides for a local option under which a taxing unit may tax such goods-in-transit otherwise exempt, if the governing body of such taxing unit after a public hearing takes official action to tax such personal property; and WHEREAS, on the 24th day of October, 2011, the governing body of the Town of Westlake held a public hearing at which members of the public were permitted to speak for or against the taxation of certain goods-in-transit personal property; and WHEREAS, following the public hearing, the governing body of the Town of Westlake has determined that such goods-in-transit personal property, as exempted by Texas Tax Code 11.253, should be subject to taxation by the Town of Westlake for tax year 2012 and all subsequent years. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the above recitals are incorporated and made a part of this Ordinance, and SECTION 2: That all such goods-in-transit personal property as defined by the amendments to Tex. Tax Code 11.253 under Senate Bill 1, shall be, and are hereby declared to be, taxable by the Town of Westlake for tax year 2012 and for every year thereafter, all as provided for and in accordance with Texas Tax Code 11.253. PASSED AND APPROVED ON THIS 24th DAY OF OCTOBER 2011. _____________________________ Laura Wheat, Mayor Ordinance 670 Page 2 of 2 ATTEST: ____________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Planning and Developement Meeting Date: October 24, 2011 Staff Contact: Eddie Edwards, Regular Director of Planning and Development Subject: Conduct a public hearing and consideration of Ordinance 671, amending the gas well pad site specific use permit for property located in the PD-1 zoning districut owned by Maguire Partners-Solana Ltd., W.H. Pea Survey, Abstract 2025, Tract 1B, Generally located at 2405 Precinct Line Road. Amendment to SUP-GWPS- 09-01 EXECUTIVE SUMMARY In 2009, the Town Council approved the requisite Specific Use Permit for the development of a Gas Well Pad Site at 2405 Precinct Line Road in the PD 1 zoning district. The Landscape Plan included in the application indicates that a wrought iron fence with masonry columns along with vegetation would be used to surround the Gas Well Pad Site. However, a Temporary Landscape Plan was also approved allowing for the installation of a chain-link fence with an all-weather screening fabric for a period of one year following completion of the first well to allow time for the drilling of all proposed wells prior to the installion of the final landscaping and fencing so they wouldn’t be damaged during the drilling operations. It was anticipated by all that a production gas line would be extended to the Town of Westlake, by a third-party, shortly after the Gas Well Pad Site was approved. Circumstances beyond the control of the applicant have resulted in the delaying of the gas line extension through a neighboring city. It is expected that the gas line will be extended to the Town of Westlake within the next year. The applicant is seeking an extension to the time frame that the temporary fencing may remain in place to allow for the drilling of all proposed wells without damaging the permanent fencing and landscaping. The applicant is requesting a new deadline for compliance with the permanent Landscape Plan of one year from the time the production gas line is installed and capable of transporting gas from the Gas Well Pad Site. On October 17, 2011 the Planning and Zoning Commission unanimously approved the applicants request subject to the provisions contained in the staff recommendation. APPLICABLE STRATEGIC PLAN VISION POINT Inviting Residential and Corporate Neighborhoods We are Leaders Hospitality Finds its Home in Westlake Page 2 of 2 FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval of the amendment to the Specific Use Permit SUP-GWPS- 09-01 to allow delaying the installation of the permanent fencing and landscaping until after the installation of a production gas line capable of carrying gas from this Gas Well Pad Site, with the provision that if the production gas line is not installed within two (2) years from the date of this approval, or if development on property within 600 feet of this Gas Well Pad Site is permitted prior to the installation of the production gas line, the applicant must comply with the Landscape Plan. The permanent fencing and landscaping must be installed within 90 days of the applicant receiving notification from the Town that the production gas line is in place and capable of transporting gas or that development has been permitted within 600 feet of the Gas Well Pad Site, or come back before the Planning and Zoning Commission and Town Council to seek an additional extension or alternate remedy. ATTACHMENTS Temporary Landscape Plan from SUP application Landscape Plan from SUP application Ordinance 671 Ordinance 671 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 671 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY AMENDING THE SPECIFIC USE PERMIT THAT WAS APPROVED ON AUGUST 10, 2009, BY ORDINANCE 631A, FOR A GAS WELL PAD SITE, LOCATED WITHIN THE PD-1 ZONING DISTRICT, AT 2405 PRECINCT LINE ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake’s Town Council finds and determines, on the basis of facts presented on the application for a Specific Use Permit amendment, and at the public hearings on same, the following: 1. That the proposed use is consistent with the existing uses of adjacent and nearby property; 2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent and nearby property anticipated to be in place upon expiration of the term of the Specific Use Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in effect on the date of granting of said permit; 3. That the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan; 4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's Comprehensive Plan. 5. That the proposed amendments to the regulations contained in the Specific Use Permit approved by Ordinance 631A on August 10, 2009 are in the best interest of the Town of Westlake. WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the amending of Specific Use Permits under the Zoning Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings and affording a full and fair process to all property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the Town Council of the Town of Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set out herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Ordinance 671 Page 2 of 3 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 the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be and the same is hereby amended, by amending the regulations contained in the Specific Use Permit approved by Ordinance 631A on August 10, 2009, for a Gas Well Pad Site, located within the property at 2405 Precinct Line Road, owned by Maguire Partners. SECTION 3: That the above described property shall be used only in the manner and for the purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the Town of Westlake as herein amended by the amending of the Specific Use Permit approved by Ordinance 631A. SECTION 4: That the following amendments to notes on the exhibits that were made part of the application for the Specific Use Permit approved by Ordinance 631A on August 10, 2009 were considered: Amending all notes on the application exhibits, that were presented as a part of the Specific Use Application, and any reference to said notes in the Staff Recommendations section of the Staff Report provided to the Town Council and which the approval was made subject to, that make reference to a temporary chain link fence with all weather screening fabric to be installed after the first well is completed and removed after the final well has been completed or after one year from its installation, whichever comes first. The application and Staff Recommendation are being amended to allow delaying the installation of the required permanent fencing and landscaping until the installation of a production gas line capable of carrying gas from this Gas Well Pad Site, with the provision that if the production gas line is not installed within two (2) years from the date of this approval, or if development on property within 600 feet of this Gas Well Pad Site is permitted prior to the installation of the production gas line, the applicant must comply with the Landscape Plan. The permanent fencing and landscaping must be installed within 90 days of the applicant receiving notification from the town that the production gas line is in place and capable of transporting gas or that development has been permitted within 600 feet of the Gas Well Pad Site, or come back before the Planning and Zoning Commission and Town Council to seek an additional extension or alternate remedy. SECTION 5: That all provisions of Ordinance No. 631A not hereby amended shall remain in full force and effect. SECTION 6: 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 Comprehensive Zoning Ordinance 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. Ordinance 671 Page 3 of 3 SECTION 7: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 8: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 24th DAY OF OCTOBER, 2011. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________________ ____________________________________ 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 #6 - Future Agenda Items BOARD RECAP / STAFF DIRECTION Town of Westlake Item #7 - Board Recap / Staff Direction COUNCIL CALENDAR - Monster Mash hosted by WA HOC October 22, 2011; 5:00-9:00 pm, WA Campus - Secondary Boundary WA Parents’ Meetings (Parents select one of three dates and locations: Oct 25, Nov 8 or Nov 15) - Westlake Vintage Car Show hosted by WHPS October 29, 2011; 11:00-4:00 pm, Solana Club parking lot - Stagecoach Hills Neighborhood Gathering November 1, 2011; 7:00 pm, Hosted by the Biddle Family - Board of Trustees Meeting November 7, 2011 - NTTA Tollway (SH 170) Public Hearing/Meeting November 10, 2011; 6:00-8:00 pm, at the Tidwell Middle School Cafeteria (3937 Haslet-Roanoke Rd, Roanoke, Texas 76262) - Westlake Historical Preservation Society’s Wine and Cheese Annual Reception, November 10, 2011; 7:00-8:30 pm, Marriott Solana Living Room - Town Council Meeting November 14, 2011 - Grandparents’ Day at Westlake Academy November 18, 2011; 8:00 am - Noon - Westlake Academy Closed-Fall Break November 21 – 25, 2011 - Town Offices Closed-Thanksgiving Holidays November 24-25, 2011 - Community Tree Lighting December 1, 2011; 6:00-8:00 pm, WA Campus - Employee Recognition Banquet December 3, 2011; Time TBD, Marriott Solana Town of Westlake Item # 8 – Council Calendar Town of Westlake Item # 9 – Adjournment