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06-18-18 TC Agenda packetThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 5 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA June 18, 2018 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Work Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. DISCUSSION ITEMS a. Presentation and discussion regarding an update to the municipal logo and branding statement for the Westlake community. b. Presentation and discussion regarding recycling market conditions and proposed rate increase for Solid Waste and Recycling services. c. Standing Item: Presentation and discussion of development projects per Staff report May 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. 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 (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal matters involving pending or contemplated litigation regarding the Town’s Soliciting ordinance. c. 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 evaluation - Town Manager search process 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION Page 3 of 5 8. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: 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. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on May 21, 2018. b. Consider approval of the minutes from the meeting on May 31, 2018. c. Consider approval of Ordinance 857, Amending the Code of Ordinance by repealing and replacing Chapter 2 Administration, by reordering the Chapter and amending Chapter 26 Community Development, Division 2, by deleting and moving Sections 26-57.1; 26-57.2; and 26-59 to Chapter 2. d. Consider approval of Resolution 18-22, Authorizing the Town Manager to enter into a Mutual Aid agreement with Tarrant County for Fire Protection and Emergency Medical Services. e. Consider approval of Resolution 18-23, Authorize the Town Manager to approve change orders in the amount of $184,883 to the agreement with Core Construction For The Construction Of The Westlake Fire-Ems Station No. 1 Project Change Orders Fire-EMS Station 1. f. Consider approval of Ordinance 858, Amending Ordinance No. 756 by Repealing and Replacing Appendix “A”, Allied Waste Franchised Town rates, dated December 14, 2015 with Appendix “A”, Allied Waste Franchised Town rates, dated July 1, 2018. g. Consider approval of Resolution 18-24, Appointing and Reappointing Various Affiliate boards. Page 4 of 5 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 (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal matters involving pending or contemplated litigation regarding the Town’s Soliciting ordinance. c. 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 evaluation - Town Manager search process 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the 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. Page 5 of 5 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, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, June 13, 2018, 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 Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." Town Council Item # 6 – Reconvene Council Meeting DISCUSSION ITEMS a. Presentation and discussion regarding an update to the municipal logo and branding statement for the Westlake community. b. Presentation and discussion regarding recycling market conditions and proposed rate increase for Solid Waste and Recycling services. c. Standing Item: Presentation and discussion of development projects per Staff report May 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #4 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 18, 2018 TOPIC: Presentation and discussion regarding an update to the municipal logo and branding statement for the Westlake community. STAFF CONTACT: Ginger Awtry, director of communications & community affairs, and Amanda DeGan, assistant town manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Encourage Westlake's Unique Sense of Place Strategic Initiative Market / Expand Awareness of Westlake – Nationally / Statewide Time Line - Start Date: February 8, 2018 Completion Date: June 18, 2018 Revenue Amount: TBD Status - Not Funded Source - VAF (Hotel Tax) EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As presented at previous Council workshop meetings, the Communications department has continued work with a focus group of residents and our outside consultant, Brandera, to develop a proposed new logo and branding tagline for our community. For the past 17 years, we have utilized a logo that resembles a seal (rounded) design to represent both the municipality and school. Our community has experienced an influx of growth over the several years and the Council has expressed support for an update to our current municipal logo/brand. Brandera, and staff, met several times with a resident focus group to identify descriptors and branding they felt best described our community and brainstormed with the group to narrow down and bring forth recommendations for Council’s review. The internal process, with Page 2 of 2 recommended art work, logo, and branding tagline, will be presented to Council during workshop for feedback and discussion. RECOMMENDATION Review and discuss proposed brand and logo with consensus to move forward. ATTACHMENTS None; Proposed logo and branding statement to be presented during the workshop. Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 18, 2018 TOPIC: Presentation and discussion regarding recycling market conditions and proposed rate increase for Solid Waste and Recycling services. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Maximize Efficiencies & Effectiveness Strategic Initiative Evaluate Services and Determine if Fees are Appropriate Time Line - Start Date: June 18, 2018 Completion Date: June 18, 2018 Revenue Amount: N/A Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake’s solid waste and recycling services with Allied Waste Services (formerly Trinity Waste Services), was originally executed on December 5, 2001 for a 10 year term, and included a provision that allowed a contract extension of additional five year terms if mutually agreeable in writing. A historical summary of the changes to the Town’s solid waste and recycling services/rates is provided below. July 14, 2008 - Town Council approved Ordinance 597 that provided: • 23% ($2.00) rate increase • Implemented collection automation (cart pick up) • Town assumed residential customer service billing Page 2 of 2 August 30, 2010 – Town Council approved Ordinance 642 that consented to the assignment of the contract from Trinity Waste Services to Allied Waste Services. December 13, 2010 - Town Council approved Ordinance 649 that provided: • 5 year contract extension • secured rates until November 2012 • transitioned solid waste pick up from twice a week to once a week in conjunction with weekly residential recycling collection December 14, 2015 Town Council approved Ordinance 756 at the regular Council meeting that provided: • 5 year contract extension • 5% (0.54¢) rate increase • No rate increase allowed until (2018) • Future rate increase subject to Town Council approval The Town utilizes a volume-based pricing system, or Pay-As-You-Throw System, for solid waste. For example, households that place more than one trash container out for pick up (the base level of service at a fixed fee) would be required to pay for each additional cart. PAYT distributes cost more equitably and it is financially beneficial for residents to recycle. While the Town desires to provide unparalleled municipal and educational services at the lowest cost as identified in the Balanced Score Card Exemplary Service & Governance Strategic Theme, it is imperative to engage in environmentally sound practices that protects environment and fulfills the Town’s Mission of “…preservation of our natural environment….” Therefore, environmental impact(s)/benefits(s) should be considered regarding any proposed changes to service level and or frequency of solid waste and recycling services as identified in a 2010 Solid Waste Association of North America Study for Lansdowne Borough, Delaware County, Pennsylvania: Besides its cost and its disincentive effect on recycling, twice-per-week trash collection causes more negative environmental impacts due to increased fuel consumption, increased emissions, and increased damage to roadways. According to the American Association of State Highway and Transportation Officials (AASHTO) a single trash truck has the same impact to a road surface as 1,000 cars. A typical trash truck gets less than five miles per gallon. Vehicle emissions, which contain a myriad of harmful and carcinogenic toxins, are attributable to poor air quality particularly in dense neighborhoods and impact human health. SWANA Recycling Technical Assistance Study: Sustaining an Affordable Waste Management Program, p. 13. Retrieved June 5, 2018 from Pennsylvania Department of Environmental Protection website: http://files.dep.state.pa.us/Waste/Recycling/RecyclingPortalFiles/Lansdowne_475.pdf ĞǀĞůŽƉŵĞŶƚ^ŶĂƉƐŚŽƚDĂLJϮϬϭϴ '(1721&2817<7$55$17&2817<&,7<2)52$12.('(1721&2817<7$55$17&2817<&,7<2))257:257+72:1/,0,772:1/,0,772:1/,0,772:1/,0,772:1/,0,772:1/,0,772:1/,0,772:1/,0,772:12)7523+<&/8%&,7<2)6287+/$.(MAP GUIDE ϭ͘ZĞƚĂŝůŽƌŶĞƌ^ĂůĞƐKĸĐĞ͕^ƚĂƌďƵĐŬƐ͕dŽǁĞƌϮ͘dĞƌƌĂĞůůĂZĞƐŝĚĞŶƟĂůĞǀĞůŽƉŵĞŶƚϯ͘ĂƌůLJůĞŽƵƌƚZĞƐŝĚĞŶƟĂůĞǀĞůŽƉŵĞŶƚϰ͘YƵĂŝů,ŽůůŽǁ ZĞƐŝĚĞŶƟĂůĞǀĞůŽƉŵĞŶƚϱ͘'ƌĂŶĂĚĂZĞƐŝĚĞŶƟĂůĞǀĞůŽƉŵĞŶƚϲ͘WƌŽũĞĐƚůŝnjnjĂƌĚDŝdžĞĚͲhƐĞĞǀĞůŽƉŵĞŶƚϳ͘^ĐŚǁĂďŽƌƉŽƌĂƚĞĂŵƉƵƐ KĸĐĞĂŵƉƵƐϴ͘ŶƚƌĂĚĂůŽĐŬ͕/͕Θ:ZĞƐŝĚĞŶƟĂůdŽǁŶŚŽŵĞƐϵ͘&ŝƌĞͬD^^ƚĂƟŽŶ 'ŽǀĞƌŶŵĞŶƚ&ĂĐŝůŝƚLJϭϬ͘ZĞƐƚĂƵƌĂŶƚZŽǁůĚŐ͘ZĞƐƚĂƵƌĂŶƚMay 2018 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP &,7<2)6287+/$.(&,7<2).(//(5LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal Completed Building Site Plan Submitted Building Permit Submitted Building Permit Issued  Development Activities Status—May 2018 ProjectNo.ProjectNameLand Use Number of Lots/UnitsSizeDevelopment Status PercentComplete*EstimatedCompletion1Entrada Retail CornerRetail / Office 4 ~52,000 s.f. Retail Corner and Sales Office building permit issued Sales office completed 12% Summer 2019 2Terra Bella Residential 2854.7 acres 23/28 lots currently developed or under construction 71.43% N/A3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 37.50% N/A 4Quail Hollow Residential 96188 acres 2/96 lots under construction 1.04% N/A5Granada Phase I Residential 4185 acres Phase I has 37/41 lots currently developed or under construction 75.61% N/AGranada Phase II 43 Phase II has 17/43 lots under construction 19.77% Project Blizzard Mix-Use N/A53 acres Civils plans approved for construction on Schwab Way N/AN/A6Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 1,420,000 s.f. total 33 acres Under construction N/AFall 2019 78EntradaBlock E, I & J Residential J: 6 units I: 12 units E: 12/14 units J: 3,226 sf ea I: 2,769 sf ea E: 4,500 sf ea Block J has 6/6 lots currently under construction Block I has 12/12 lots currently under construction Block E has 12/14 lots currently under construction 4.66% N/A9Fire/EMS Station Government Use N/A5-acre site Under construction 10%Early 2019 10Restaurant Row Bldg. A / Pedestrian Bridge Restaurant / Bridge 2~15,000 s.f. Under construction 1%December 2018 Ύ йŽŵƉůĞƚĞс;ηŽĨW͛ƐdžϱϬйͿͬdŽƚĂůW͛Ɛн;ηK͛ƐdžϱϬйͿͬdŽƚĂůK͛ƐΎΎ ZĞĨĞƌƚŽŶƚƌĂĚĂĞǀĞůŽƉŵĞŶƚZĞƉŽƌƚĨŽƌŵŽƌĞŝŶĨŽ Residential Subdivision Buildout—May 2018 Subdivision Name Plat Date Total Lots Vacant Lots Size (Acres) DevelopmentStatusPercentCompleteBuildingPermitsIssuedFinalsIssuedAspen Lane/Shelby Estates 4/7/1981 8 0 132.6 Built-out 100% 8 8 Carlyle Court 3/7/20168310.2 Under development 37.50% 51Entrada12/14/2015 322 292 85.9 Under development 4.66%300Glenwyck Farms 3/13/2000840104.3 Built-out 100.00% 8484Granada Phase I 6/17/2013 41 4 84.3Under development75.61%3725Granada Phase II 12/12/2016 43 28 19.77%170Knolls at Solana -565662.5 Conceptual0.00% 00Mahotea Boone 12/9/1977 14 0 31.6 Built-out 100.00% 14 14 Paigebrooke 3/8/20046220.3 Under development 66.67% 44Quail Hollow 3/28/2016 96 94 188.3 Under development 1.04% 2 0 Stagecoach 8/16/197147655.5 Mostly built-out 86.17% 4140Terra Bella 11/11/2008 28 5 54.8 Under development 71.43% 23 17 Vaquero3/27/200029537510Mostly built-out 84.58% 258241Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 88.46% 11 12 Other/Miscellaneous -212-Mostly built-out 88.10% 191810825311362.747.00%553464 Block JBlock I Block I (Piedra Court)SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16Block P Block M Block H Block G Block F Block L Sales Office Block D Primrose CVS Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16Block DPlaza Mayor SP | Ord 854 | 5-21-18 Chapel / Reception Hall SP | Ord 853 | 4-30-18 Phase 2 DP | Ord 830 | 06-19-17Block E BUILDING LEGEND Site Plan Under ReviewSite Plan Approved Building Permit Under Review Building Under Construction Building CompletedBlock C Entrada Status Map - May 2018 Case NumberTypeLocationDescriptionCurrent StatusResolution StatusPSE-05-09-18Preliminary Site EvaluationSouth of Solana Blvd. West of Sam School Rd.Preliminary Site Evaluation for Knolls at SolanaUnder staff review Application under reviewSP-02-16-18-2Site PlanSolana PlazaAddition of Parking at the Solana PlazaUnder review Application under reviewActive Planning and Zoning Case Log - May 2018 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 (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal matters involving pending or contemplated litigation regarding the Town’s Soliciting ordinance. c. 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 evaluation - Town Manager search process Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 7 – Council Recap / Staff Direction Town Council Item # 8 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.  Public Art Competition Advisory Committee Meeting Monday, June 18, 2018; 11:00 – 1:00 pm* Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor  Town Council Workshop/Meeting Monday, June 18, 2018* Westlake Council Chambers, Solana Terrace, Bldg.7-Suite 7100, First Floor  Westlake Municipal Offices Closed in Observance of Independence Day Holiday Wednesday, July 4, 2018  Public Art Competition Advisory Committee Meeting Monday, July 16, 2018; 11:00 – 1:00 pm* Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, Council Chambers-First Floor Please note: No Coffee & Conversation, Board of Trustees, Planning & Zoning, or Town Council meetings in July  Coffee & Conversation with the Mayor Pro Tem Monday, August 6, 2018; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  Board of Trustees Workshop/Meeting Monday, August 6, 2018; 5:00/6:00 pm* Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor  Planning and Zoning Commission Meeting Monday, August 13, 2018; 5:00/6:00 pm* Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor  WA Back to School Night for Primary Grades K-5 Students & Families Monday, August 13, 2018; 6:00 – 7:30 pm WA Campus – Gym  Board of Trustees/Town Council host Back to School Breakfast for WA Staff Tuesday, August 14, 2018; 8:00 – 9:00 am WA Campus - MPH  WA Back to School Night for Secondary Grades 6-12 Students & Families Tuesday, August 14, 2018; 6:00 – 7:30 pm WA Campus-Gym  Westlake Academy First Day of School Wednesday, August 15, 2018 *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. Town Council Item # 2 – Items of Community Interest CITIZEN COMMENTS: 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 Council Item # 3 – Citizen Comments 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 on May 21, 2018. b. Consider approval of the minutes from the meeting on May 31, 2018. c. Consider approval of Ordinance 857, Amending the Code of Ordinance by repealing and replacing Chapter 2 Administration, by reordering the Chapter and amending Chapter 26 Community Development, Division 2, by deleting and moving Sections 26-57.1; 26-57.2; and 26-59 to Chapter 2. d. Consider approval of Resolution 18-22, Authorizing the Town Manager to enter into a Mutual Aid agreement with Tarrant County for Fire Protection and Emergency Medical Services. e. Consider approval of Resolution 18-23, Authorize the Town Manager to approve change orders in the amount of $184,883 to the agreement with Core Construction For The Construction Of The Westlake Fire-Ems Station No. 1 Project Change Orders Fire-EMS Station 1. f. Consider approval of Ordinance 858, Amending Ordinance No. 756 by Repealing and Replacing Appendix “A”, Allied Waste Franchised Town rates, dated December 14, 2015 with Appendix “A”, Allied Waste Franchised Town rates, dated July 1, 2018. g. Consider approval of Resolution 18-24, Appointing and Reappointing Various Affiliate boards. Town Council Item # 4 – Consent Agenda Town Council Minutes 05/21/18 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 21, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Carol Langdon, and Wayne Stoltenberg. ABSENT: Alesa Belvedere and Rick Rennhack. OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Director of Public Works Jarrod Greenwood, Development Coordinator Nick Ford, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, and Management Intern Kirk McDaniel. Special Session 1. CALL TO ORDER Mayor Wheat called the special session to order at 5:12 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 05/21/18 Page 2 of 7 3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. Town Secretary Edwards gave the Oath of Office to Mayor Wheat and Council Member Barrett. 4. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. Discussion ensued regarding nominating Council Member Langdon to continue to serve as Mayor Pro Tempore. Council Member Langdon accepted the nomination. MOTION: Council Member Barrett made a motion to elect Council Member Langdon as Mayor Pro Tempore. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. 5. ADJOURNMENT Mayor Wheat adjourned the special session at 5:15 p.m. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:15 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Mayor Wheat asked that item d be removed from the consent agenda and to notify all residents of the vacancy on the Commission as well as other town boards. 3. DISCUSSION ITEMS a. Presentation and discussion regarding the amendment to Chapter 46, Article VI Tobacco Products, Smoking, and E-Cigarettes. Director Greenwood and Intern McDaniel provided a presentation and overview of the proposed amendment. Town Council Minutes 05/21/18 Page 3 of 7 Discussion ensued regarding restrictions in the City of Southlake and the City of Fort Worth, Deliotte’s policy, Marriott’s policy, LaScala, definition of private worksite, campus designated smoking areas, Fidelity’s policy, and providing a time for compliance. b. Presentation and discussion of the schedule, budget, signage and construction of a Westlake Fire-EMS Station No. 1 located at the Northwest Corner of Dove Road and Davis Boulevard (FM 1938). Director Meyer and Chief Whitten provided a presentation and overview of the construction. Discussion ensued regarding the color of the stone and funding mechanisms. c. Standing Item: Presentation and discussion of development projects per Staff report April 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Discussion ensued regarding the number of residential building permits, and the Entrada development including restaurant row construction, tower revisions, and overall progress. 4. EXECUTIVE SESSION Council convened into executive session at 6:06 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada 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 Council Minutes 05/21/18 Page 4 of 7 c. Section 551.071(2) – Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: A Rezoning Request From R5-Country Residential to Planned Development District Number 7 (PD7) for an approximately 37.798 acres located East of Pearson Lane and South of Aspen Lane 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 6:57 p.m. 6. COUNCIL RECAP / STAFF DIRECTION Move forward with recommendations regarding the Smoking ordinance. 7. ADJOURNMENT Mayor Wheat adjourned the work session at 6:57 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:57 p.m. 2. ITEMS OF COMMUNITY INTEREST Assistant Town Manager DeGan recognized Keller Motor Officer Mike Norris for his years of service to our community. Mayor Wheat read a proclamation. Director Awtry provided an overview of the upcoming events. 3. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 05/21/18 Page 5 of 7 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on April 30, 2018. b. Consider approval of Resolution 18-19, Adopting a Criminal Justice Information System (CJIS) Policy to establish policies for the proper access, dissemination, and destruction of Criminal History Record Information. c. Consider approval of Resolution 18-20, Appointing three (3) members to the Westlake Academy Foundation board. d. Consider approval of Resolution 18-21, Appointing a member to the Planning and Zoning Commission. MOTION: Council Member Langdon made a motion to approve items a-c of the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat stated no action would be taken on item d of the consent agenda. 5. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 854, APPROVING A SITE PLAN FOR AN APPROXIMATELY 5.806-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS COMMONLY REFERRED TO AS THE PLAZA MAYOR TO BE LOCATED NEAR CORTES DRIVE, COSTA BRAVA, AND GIRONA DRIVE. Mayor Wheat stated that items 5 and 6 would be presented together and would open the public hearing for both items. Director Ruthven and Coordinator Ford provided an overview of the items 5 and 6 of the agenda. Discussion ensued regarding staff recommendations regarding item 5 including public Wi- Fi access, lighting, and the number of condos for item 6. Mayor Wheat continued the public hearing for items 5 and 6. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 854. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 05/21/18 Page 6 of 7 6. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 855, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR 126 CONDOMINIUM UNITS TO BE LOCATED IN THE PLAZA MAYOR OF THE ENTRADA DEVELOPMENT GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD. MOTION: Council Member Barrett made a motion to approve Ordinance 855. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 7. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 856, APPROVING A REZONING REQUEST FROM R5-COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY 37.798 ACRES LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGLE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. Mr. Paul Pastore, Waterside Properties, stated that they would like to withdraw the item for consideration. Mayor Wheat continued the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. No action taken on Ordinance 856, regarding Planned Development number 7, PD-7. 8. EXECUTIVE SESSION Council convened into executive session at 7:17 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana Town Council Minutes 05/21/18 Page 7 of 7 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 c. Section 551.071(2) – Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: A Rezoning Request From R5-Country Residential to Planned Development District Number 7 (PD7) for an approximately 37.798 acres located East of Pearson Lane and South of Aspen Lane 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:30 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action necessary. 11. FUTURE AGENDA ITEMS No additional discussion required. 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:31 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/31/18 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 31, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol Langdon, Rick Rennhack, and Wayne Stoltenberg. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Finance Supervisor Jaymi Ford, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Director of Public Works Jarrod Greenwood, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, Court Administrator Jeanie Roumell, Keller Police Chief Michael Wilson, Management Intern Kirk McDaniel, Dr. Mechelle Bryson, PYP Principal Rod Harding, Secondary Principal Stacy Stoyanoff, Registrar Ange Bumgarner, WA Foundation President Deborah Kraska and Executive Director Dr. Shelly Myers. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 9:04 a.m., with the following Council Members present: Alesa Belvedere, Rick Rennhack and Wayne Stoltenberg. Town Manager Brymer welcomed everyone and provided an overview of today’s agenda. Council Member Langdon arrived at 9:14 a.m. Town Council Minutes 05/31/18 Page 2 of 3 2. DISCUSSION REGARDING KEY STRATEGIC INITIATIVES FOR THE FUTURE AND GOVERNANCE. Assistant Town Manager DeGan and Director Greenwood provided an overview of the commercial growth projections. Director Ruthven spoke regarding day-time populations due to the Class A complexes being built and the need to revisit the Comprehensive Plan. Discussion ensued regarding building community within the gated communities, building community with Entrada, trails, dining, policy regarding the limit of commercial density, parking ratios, town sponsoring mobility, 5 year forecast, capital project funds, one-time money, sales and use tax, corporate partners to revenue development projections, financial donations, DirectionFinders concerns and outlook, funding for a 2nd Fire-EMS station based on growth, Emergency Regional Communications, ad valorem tax rate and rates of our surrounding communities, and ad valorem revenue. Mr. Brent Alexander, School District Strategies, provided a presentation regarding enrollment projections. Discussion ensued regarding number of vacant lots, number of condominiums, entitled apartment complexes, primary and secondary boundaries, projections vs campus capacity, and the maximum number of students/size of campus. Council Member Rennhack left at 12:45 p.m. Council Member Barrett arrived at 1:09 p.m. Council Member Langdon left at 1:15 p.m. Dr. Bryson provided an overview of projections by grade level. Discussion then ensued regarding students leaving, number of operating days, FIRST criteria, academy salaries, addition of lab space, proposed staffing levels, and hiring a planning firm to address long term needs. Mike Mowery, SGR, provided council members and staff three case studies to read and discuss. 3. WRAP-UP / STAFF DIRECTION No additional direction. Town Council Minutes 05/31/18 Page 3 of 3 4. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the work session at 3:34 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 18, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2018 TOPIC: Consider approval of an Ordinance Amending the Code of Ordinances by repealing and replacing Chapter 2 Administration by reordering the Chapter and amending Chapter 26 Community Development, Division 2, by deleting and moving Sections 26-57.1; 26-57.2; And 26-59 to Chapter 2. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 15, 2017 Completion Date: June 18, 2018 Funding Amount N/A Status - Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This ordinance will repeal and replace Chapter 2, which will restructure the order and move the Town Manager’s position from Chapter 26 to Chapter 2. In 2007 Ordinace 512 was codified. The Town Manager’s position was placed in Chapter 26, Community Development. This position should have been in Chapter 2, Article III, Officers and Employees. Page 2 of 2 When revising Chapter 2, the following revisions were made: • Changing Board of Aldermen to Town Council • Adding additional language to Article II, Division 1, Generally (Elections, Mayor Pro Tempore, Term of Office, Quorum, Conflict of Interest and Abstention language) • Moving the Town Manager from Chapter 26 to Chapter 2 Town Officers • Adding to Town Officers the Town Secretary and Town Attorney, keeping the Town Marshal but changing the order • Moved Board and Commission language from Chpt. 26 to Chpt. 2 • Provided Texas Municipal Retirement System its own Article • Adjusted the number of the preceding articles as necessary RECOMMENDATION Approve the ordinance amending Chapters 2 and 26 of the Code of Ordinances. ATTACHMENTS Ordinance Ordinance 857 Page 1 of 16 TOWN OF WESTLAKE ORDINANCE NO. 857 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING THE CODE OF ORDINANCES BY REPEALING AND REPLACING CHAPTER 2 ADMINISTRATION BY REORDERING THE CHAPTER AND AMENDING CHAPTER 26 COMMUNITY DEVELOPMENT, DIVISION 2, BY DELETING AND MOVING SECTIONS 26-57.1; 26- 57.2; AND 26-59 TO CHAPTER 2; 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 amendment and reorganization of both Chapters provides for Officers and Board and Commissions of the municipality to be located in the same chapter; and WHEREAS, upon the recommendation of the staff to reorganize Chapter 2 and include the position of the Town Manager, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 2 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Chapter 2 - ADMINISTRATION ARTICLE I. - IN GENERAL Sec. 2-1. - Change to type A general law municipality. The town does hereby convert to a type A general law municipality in accordance with the requirements of the Local Government Code of Texas, and shall conduct itself in accordance with the laws regulating type A general law municipalities from and after May 9, 1994. Sec. 2-2. - Westlake Town Seal—Approval required. No person, association, corporation, organization, or group, of any type or character, other than town officers, employees and agents shall cause or allow to be used or displayed the Town Ordinance 857 Page 2 of 16 of Westlake Seal on any item unless such use or display is approved as provided by this ordinance [Ordinance No. 678], and is otherwise in compliance with this ordinance [Ordinance No. 678]. An employee may apply to the town manager designee to use town materials and equipment in his or her creative projects, provided the employee agrees either to grant to the town a non- exclusive, non-transferable, perpetual, royalty-free, town-wide license to use the work, or permits the town to be listed as co-author or co-inventor if the town's contribution to the work is substantial. Upon the termination of any person's association with the town, all permission to possess, receive, or modify the town's intellectual property shall also immediately terminate. All such persons shall return to the town all intellectual property, including but not limited to any copies, no matter how kept or stored, and whether directly or indirectly possessed by such person. Sec. 2-3. - Westlake Town Seal—Approval process. Any person, association, corporation, organization, or group, of any type or character, shall receive written approval from the town manager or designee prior to such use or display of the town seal or intellectual property. Sec. 2-4. - Westlake Town Seal—Allowable uses. Use of the Town of Westlake Seal shall be limited to the following: (a) Events limited in duration to a period of time specifically designated in the request; (b) Uses which comport with the guidelines listed in section 2-6; (c) Such other uses deemed appropriate by the town manager, taking into consideration the name, reputation and public image of the Town of Westlake is at stake each time a request for use is granted; (d) Media agencies may be granted permission to use the Town of Westlake provided the flowing criteria are met: (1) if the media agency is a television station with a broadcast signal which serves the entire population or geographic town limits; or (2) if the media agency is a newspaper with a paid subscriber circulation within the Town of Westlake of not less than 10,000 subscribers. The town manager shall determine if the media agency is in compliance with this ordinance Sec. 2-5. - Westlake Town Seal—Approval. The town manager's office or designee shall review each written request for compliance with this ordinance. A request approved by the town manager's office or designee shall be final. Sec. 2-6. - Westlake Town Seal—Guidelines of use. The following guidelines shall be followed by the town manager's office or designee in reviewing each application for the use of the Town of Westlake Seal. (a) Use of the Town of Westlake Seal shall not be allowed if such use: (1) is, or included matter which is immoral, deceptive, or scandalous according to community standards; (2) may disparage, or falsely suggest a connection with, or bring into contempt or disrepute the Town of Westlake; Ordinance 857 Page 3 of 16 (3) is likely to cause confusion or mistake, or to deceive, because, when applied to the applicant's proposed use in connection with the activity or event, the activity or event appears to be controlled by the Town of Westlake when such is not the case. Secs. 2-7—2-30. - Reserved. ARTICLE II. - TOWN COUNCIL DIVISION 1. - GENERALLY Sec. 2-31. - Terms of Office. The mayor and council members of a Type A municipality are elected for two year terms Sec. 2-32. - The Mayor shall preside at all meetings of the council and shall with three of the town council members constitute a quorum for the transaction of business; and the quorum shall have the power to enact such by-laws and ordinances not inconsistent with the laws and constitution of the State of Texas, as shall be deemed proper for the governing of the Town Sec. 2-33. - Election Held Annually. An election shall be held annually on an authorized uniform election date as set out in Texas Election Code. Sec. 2-34. – President Pro-Tempore Elected. At the first meeting of each new town council, one of the council members shall be elected president pro-tempore (i.e., mayor pro-tem) who shall hold this office for one year. In the case of the failure, inability, or refusal of the mayor to act, the mayor pro-tem shall perform the duties of the mayor. If both the mayor pro-tem and the mayor are absent, any council member may be appointed to preside at the meeting. When serving as presiding officer at a meeting in the mayor’s absence, the mayor pro-tem or the council member acting in the mayor’s place shall retain their right to vote on matters before the council without regard to a tie. Sec. 2-35 - Quorum. Three (3) members of the town council shall constitute a quorum for the purpose of transaction of business. Sec. 2-36 - Conflict of interest. Should any person on the town council have a conflict of interest, pursuant to any state laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the town council, he or she shall openly declare same before discussion proceeds, and he or she is thereby prohibited from discussing the item or voting on the question. Ordinance 857 Page 4 of 16 Sec. 2-37 - Abstention. Should any person on the town council choose to abstain from voting on any question before the town council, where no conflict of interest exists, the person's vote shall be recorded as a negative vote in the official minutes of the meeting. Secs. 2-38—2-50. - Reserved. DIVISION 2. - PROCEDURES Sec. 2-51. - Agenda items. Pursuant to policies or procedures adopted by the governing body the mayor or any member of the council may notify the town manager and town secretary of any items requested to be on the agenda. The town manager will be responsible for placing all other items on each agenda and providing necessary backup for each agenda item. The town secretary will assemble and distribute agenda backup materials prepared prior to each board meeting. Sec. 2-52. - Meetings; voting. (a) The town council shall meet at the time and place determined by a resolution adopted by the governing body. (b) The meetings shall be held at the Town Hall, or a meeting room close by, or another location designated by the town in the meeting notice as required by law. (c) Each member of the town council shall at every meeting of the board be entitled to one vote in person but no proxy shall be voted on any occasion. (d) The town may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the town as a body politic. Sec. 2-53. - Procedural rules. The procedure at all meetings of the town council shall be in accordance with general rules of parliamentary procedures. Sec. 2-54. - Continuation of meetings. The mayor shall continue any meeting, whether regular or special, including a continuation to a specific date and time, as directed by the town council. Secs. 2-55—2-80. - Reserved. Ordinance 857 Page 5 of 16 ARTICLE III. - BOARDS, COMMISSIONS AND AUTHORITIES DIVISION 1. - GENERALLY Sec. 2-81. - Boards, commissions, agencies/appointment, term, and procedures. (a) All meetings of any board or commission shall be open to the public. Each board or commission shall keep accurate minutes of each meeting which shall be forwarded to the town secretary within ten days following approval. Such board or commission shall keep an accurate record of the names of the members who are present and absent from their meetings. When public hearings are necessary or required, notice of the public hearings and the conduct of the public hearing will be in compliance with the requirements of the Texas Local Government Code and the UDC. (b) Each board or commission shall establish its own attendance rules, regulations and method of enforcement which may include automatic removal from office unless in conflict with state law or this section. Each member of a board or commission shall be at least 18 years of age. Secs. 2-82—2-135. - Reserved. DIVISION 2. - HIGHER EDUCATION AUTHORITY Sec. 2-136. - Creation. The town council hereby creates a higher education authority pursuant to the Higher Education Authority Act (V.T.C.A., Education Code ch. 53) and designates the name of such higher education authority to be the "Texas Student Housing Authority." Sec. 2-137. - Composition. The board of directors of the Texas Student Housing Authority shall consist of seven members. The respective directors of the authority shall serve for two-year terms and until their respective successors are appointed and assume office. Sec. 2-138. - Bylaws approved. The town council hereby approves the Texas Student Housing Authority bylaws. Secs. 2-139—2-160. - Reserved. Ordinance 857 Page 6 of 16 ARTICLE IV. – TOWN OFFICERS Sec. 2-161. - Town manager. a. Appointment and Removal. 1) The town council shall appoint a town manager who shall be the chief administrative officer of the town, and shall be responsible to the town council for the administration of all the affairs of the town. 2) The town manager shall be chosen by the town council solely on the basis of his or her executive and administrative training, experience and ability; and need not, be a resident of the Town of Westlake. 3) The town manager may be removed at the will and pleasure of the Town Council pursuant to the Local Government Code 4) No member of the town council shall, during the time for which he or she is elected, and for one year thereafter, be appointed town manager. b. Term and Compensation. The town manager shall receive compensation as may be fixed by the town council. The town council. The town council may enter into agreement establishing compensation and a term of service. c. Responsibilities. 1) In cooperation with the town attorney, see that all state laws and town ordinances are effectively enforced. 2) Appoint and remove any employee of the town, except as otherwise provided by this section. 3) Prepare the budget annually and submit it to the town council, and be responsible for its administration after adoption. 4) Prepare and submit to the town council in the annual proposed budget, a complete report on the finances and administrative activities of the town for the preceding year. 5) Keep the town council apprised of the financial condition and future needs of the town and make such recommendations as may seem to the town manager advisable. 6) Attend all meetings of the town council, except at the request of the board during executive sessions when the town manager is under discussion. He or she shall be notified of all special meetings of the board. 7) Ensure effective intergovernmental representation of the town’s interest by monitoring and responding to legislation, participating in policy development, and presentation of the town’s interest to elective officials, the regional development community, legislative committees, and public interest groups. 8) Shall have the authority to obligate the town without first obtaining the approval of the town council for all budgeted expenditures not to exceed $50,000.00 as to one contract or item. All other expenditures, including those not included in the budget of applicable fiscal year, must be first be approved by the town council. Ordinance 857 Page 7 of 16 9) Perform such duties as may be prescribed or may be required of him or her by the town council, not inconsistent with this section. Sec. 2-162. - Town council not to interfere in appointments. Neither the town council, nor any of its members, shall direct the appointment of any person to office by the town manager, or by any of his subordinates. Except for the purpose of inquiry, the town council and its members shall deal with the administrative services through the town manager, and neither the town council, nor any member thereof, shall give orders to any subordinate of the town manager, either publicly or privately. Sec. 2.163 Town Secretary. a. Appointment and Removal. 1) The Town Council shall appoint the town secretary. 2) The Town Secretary may be removed at the will and pleasure of the Town Council pursuant to the Local Government Code. b. Reporting and Compensation. 1) The Town Secretary shall report to the Town Manager. 2) The Town Manager shall fix the compensation of the Town Secretary, and the Town Secretary's compensation may be amended, from time to time, in accordance with the Town Secretary's experience, qualifications and performance. c. Responsibilities. 1) Give notice of all official public meetings of the Town Council in a manner consistent with state laws; 2) Attend all public meetings and hearings of the Town Council; 3) Keep the minutes of the proceedings of all public official meetings and hearings of the Town Council in a manner prescribed by the Town Council consistent with applicable law; 4) Schedule and oversee all Town elections in accordance with the Texas Election Code and any other applicable law; 5) Act as custodian of all official records of the Town Council; 6) Hold and maintain the seal of the Town and affix this seal to all appropriate documents; 7) Authenticate by signature and seal and record all ordinances, resolutions and proclamations of the Town; and 8) Perform such other duties as may be required by the Town Manager consistent with this position and the laws of the State of Texas. Sec. 2.164 Town Attorney. a. Appointment and Removal. 1) The Town Council shall appoint by the affirmative vote of a majority of the full membership of the Town Council a competent, duly qualified licensed and practicing attorney in the State of Texas who shall serve as the Town Attorney. 2) The Town Attorney may be removed at the will and pleasure of the Town Council pursuant to the Local Government Code. Ordinance 857 Page 8 of 16 b. Responsibilities. 1) Serve as the legal advisor to the Town Council and Town Manager; 2) Represent the Town in litigation and legal proceedings as directed by the Town Council and the Town Manager; and 3) Review and provide opinions as requested by the Town Council or Town Manager on contracts, legal instruments, ordinances of the Town and other Town business. 4) The Town Council shall have the right to retain special counsel at any time that it may deem necessary and appropriate. 5) The Town Attorney and Special Counsel shall receive compensation as may be determined by the Town Council. The Town Attorney, with approval of the Town Council, may select additional attorneys to act for him or her and the Town in its representation and/or litigation. Sec. 2-165. - Office of town marshal. (a) Created. The office of town marshal is hereby created pursuant to V.T.C.A. Local Government Code § 341.021. The town marshal shall have all authority to serve as provided for in state law. The town marshal must meet all qualifications of state law for this office. (b) Bond and oath of office. The town marshal shall execute a bond as required by state law and swear to an oath of office as required by state law. (c) Duties. The town marshal shall act under the direction of the court administrator, and shall perform the following duties: (1) Execute warrants, subpoenas, and other legal process issuing out of the Town of Westlake Municipal Court of Record No. 1, as determined by the court administrator. (2) Execute other warrants of arrest, subpoenas, and legal process as authorized by law and as determined by the court administrator. (3) Serve as the court bailiff to the Town of Westlake Municipal Court of Record No. 1. (4) Any other duties authorized by state law and assigned by the municipal court judge or the court administrator. (d) Appointment of town marshal by town manager. The town manager shall appoint the town marshal and said position shall be included by the town manager in the annual budget to be considered by the town council for the town. (e) Right of town to establish support duties and positions. The town reserves the right to establish duties and positions to support the deputies to the town marshal to function under the policies and procedures adopted for said position by the Town of Westlake. Secs. 2-166- 2-170. - Reserved. ARTICLE V. TEXAS MUNICIPAL RETIREMENT SYSTEM Sec. 2-171. - Participation in the retirement system. (a) The town council of the town, on behalf of the town, hereby exercises its option and elects to have this town and all of the employees of all departments now existing and those Ordinance 857 Page 9 of 16 hereafter created participate in the system as provided in the Texas Municipal Retirement System (TMRS) Act, V.T.C.A., Government Code § 851.001 et seq. (b) The town manager is hereby directed to notify the board of trustees of the system that this town has elected to participate in, and have the employees of this town covered in such system. (c) Each person who becomes an employee of this town on or after the effective date of participation of this town whose position shall require more than 1,000 hours per year shall become a member of the system as a condition of their employment. (d) Each employee of this town who is a member of the system is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the system performed for one or more municipalities that have adopted a like provision under V.T.C.A., Government Code § 854.202(g). (e) In accordance with the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., the deposits to be made to the system on account of current service of the employees of the several participating departments are hereby fixed at the rate of seven percent of the full earnings of each employee of said departments. (f) Each employee who qualifies for such credit shall be allowed prior service credit (as defined in V.T.C.A., Government Code § 853.101) at the rate of 100 percent of the base credit of such member, calculated in the manner prescribed in 853.105. (g) For each month of current service rendered to this town by each of its employees who are members of the system, the town will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is 200 percent of such member's accumulated deposits for such month of employment; and such sum shall be contributed from this town's account in the municipality accumulation fund. (h) The town secretary is hereby directed to remit to the board of trustees of the system, at its office in Austin, Texas, the town contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by such board under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., and such official is hereby authorized and directed to ascertain and certify officially on behalf of this town the prior service rendered to such municipality by each of the employees of the participating departments, and the average prior service compensation received by each of the employees of the participating departments and make and execute all prior service certifications and all other reports and certifications which may be required of the town under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., or in compliance with the rules and regulations of the board of trustees of the system. (i) The town hereby elects to participate in the supplemental death benefits fund of the system for the purpose of providing in-service death benefits for each of this town's employees who are members of such system, and for the purpose of providing post retirement death benefits for annuitants whose last covered employment was as an employee of this town, in the amounts and on the terms provided for in V.T.C.A., Government Code §§ 852.004, 854.601—854.605, 855.314, 855.408 and 855.502. (j) The town is hereby authorized and directed to notify the director of the system of adoption of this ordinance, and of the participation of this town in such fund. (k) Pursuant to V.T.C.A., Government Code § 855.407(g), the town hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the system at such combined rate of the total compensation paid by this town to Ordinance 857 Page 10 of 16 employees who are members of the system, as the system's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to this town under the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., the costs of all benefits which are or may become chargeable to or to be paid out of this town's account in such accumulation fund, regardless of other provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., limiting the combined rate of town contributions. Sec. 2-172. - Retirement system; updated service credits. (a) On the terms and conditions set out in sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended, (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "system") who has current service credit or prior service credit in the system in force and effect on January 1 of the calendar year preceding such allowance, by reason of service in the employment of the Town of Westlake (hereinafter called the "town") and on such date had at least 36 months of credited service with the system, shall be and is hereby allowed "updated service credit" (as that term is defined in subsection (d) of section 853.402 of the TMRS Act). (b) On the terms and conditions set out in section 853.601 of the TMRS Act, any member of the system who is eligible for updated service credits on the basis of service with this town, who has available credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1 of the calendar year preceding such allowance shall be credited with updated service credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said section 853.601, both as to the initial grant hereunder and all future grants under this section. (c) The updated service credit hereby allowed and provided for shall be 100 percent of the "base updated service credit" of the member (calculated as provided in subsection (c) of section 853.402 of the TMRS Act). (d) Each updated service credit allowed hereunder shall replace any updated service credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) The initial allowance of updated service credit hereunder shall be effective on January 1, 2006, subject to approval by the board of trustees of the system. An allowance shall be made hereunder on January 1 of each subsequent year until this section ceases to be in effect under subsection (e) of section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the system has made the determination set forth in subsection (d) of section 853.404 of the TMRS Act. (f) In accordance with the provisions of subsection (d) of section 853.401 of the TMRS Act, the deposits required to be made to the system by employees of the several participating departments on account of current service shall be calculated from and after the effective date of ordinance from which this section derives [January 1, 2006] on the full amount of such person's compensation as an employee of the town. Reserved 2-173 – 2-200 Ordinance 857 Page 11 of 16 ARTICLE V I. – FINANCE DIVISION 1. - GENERALLY Sec. 2-201. - Signatures on town checks. All checks of more than $10,000.00 that are drawn on any of the town's accounts require two signatures. Sec. 2-202. - Findings incorporated. The findings set forth in Ordinance No. 661 are incorporated into the body of this section as if fully set forth herein. Sec. 2-203. - Establishment of processing or handling fee. A processing or handling fee of three percent is hereby established to be charged by the town at the point of sale for processing or handling each time a credit card is used to pay a utility bill. For the purposes of this section, a utility bill includes those charges commonly found on a town utility bill, including but not limited to charges associated with water, sewer, trash, storm drainage and optional donations. A processing or handling fee of five percent is hereby established to be charged by the town at the point of sale for processing or handling each time a credit card is used to pay all other municipal fees, fines or other charges. The town council finds that said amounts are reasonably related to the expense incurred by the town in processing or handling the credit card payment. Sec. 2-204. - Establishment of service charge. A service charge in an amount equivalent to that charged for the collection of a check drawn on an account with insufficient funds is hereby established to be charged by the town if, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn. Secs. 2-205—2-220. - Reserved. DIVISION 2. - FEES AND USE SCHEDULE Sec. 2-221. - Schedule of fees and charges. The fees and use charges authorized by the Town of Westlake Code of Ordinances, and any ordinances approved by the town council whether codified or not, shall be contained within a fees and use schedule that shall be approved by the town council of the Town of Westlake by resolution. Copies of the approved fees and use schedule shall be maintained as a public record in the office of the town secretary and will be available for public inspection and copying during regular business hours. Secs. 2-222—2-230. - Reserved. Ordinance 857 Page 12 of 16 ARTICLE VII. - RECORDS MANAGEMENT Sec. 2-231. - Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Department head means the officer who by ordinance, or administrative policy is in charge of an office of the municipality that creates or receives records. Director and librarian means the executive and administrative officer of the state library and archives commission. Essential record means any record of the town necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state. Municipal record means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: (1) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the town; (2) Notes, journals, diaries, and similar documents, created by an officer or employee of the town for the officer's or employee's personal convenience; (3) Blank forms; (4) Stocks of publications; (5) Library and museum materials acquired solely for the purposes of reference or display; (6) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or other state law; or (7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by V.T.C.A., Government Code § 2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization. Permanent record means any record of the town for which the retention period on a records control schedule is given as permanent. Records control schedule means a document prepared by or under the authority of the records management officer listing the records maintained by the town, their retention periods, and other records disposition information that the records management program may require. Records management means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term "records management" includes the development of records control schedules, the management of filing and information retrieval Ordinance 857 Page 13 of 16 systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. Records liaisons means the persons designated under section 2-237. Records management officer means the person designated in section 2-234. Records management plan means the plan developed under section 2-235. Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Sec. 2-232. - Records declared public property. (a) Municipal records created or received in the transaction of official business or the creation or maintenance of which were paid for by public funds are declared to be public property and are subject to the provisions of this article and V.T.C.A., Government Code § 441.151 et seq. (b) A town officer or employee does not have, by virtue of the officer's or employee's position, any personal or property right to a municipal record even though the officer or employee developed or compiled it. (c) The unauthorized destruction, removal from files, or use of such records is prohibited. Sec. 2-233. - Policy. It is hereby declared to be the policy of the town to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the local government records act (V.T.C.A., Local Government Code § 201.001 et seq.) and accepted records management practice. Sec. 2-234. - Designation of records management officer. The town secretary, and the successive holders of such office, shall serve as records management officer for the town. As provided by state law, each successive holder of the office shall file his/her name with the director and librarian of the state library, within 30 days of the initial designation or of taking up the office, as applicable. Sec. 2-235. - Records management plan to be developed; approval; authority. (a) The records management officer shall develop a records management plan for the town for submission to the state library and archives commission. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the records management officer to carry out his/her duties prescribed by state law and this article effectively. (b) The records management plan shall be binding on all offices, departments, Ordinance 857 Page 14 of 16 divisions, programs, commissions, bureaus, boards, committees, or similar entities of the town and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the town. In addition to other duties assigned in this article or by state law, the records management officer shall: (1) Administer the records management program and provide assistance to department heads in its implementation; (2) Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) In cooperation with department heads identify essential records and establish a disaster plan to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; (4) Develop procedures to ensure the permanent preservation of the historically valuable records of the town; (5) Establish standards for filing and storage equipment and for recordkeeping supplies; (6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the town; (7) Provide records management advice and assistance to all municipal departments by preparation of manuals of procedure and policy and on-site consultation; (8) Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (9) Disseminate to the town council and department heads information concerning state laws and administrative rules relating to local government records; (10) Instruct record liaisons and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) Instruct records liaisons and other personnel in the conduct of records inventories; (12) Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the records of the town are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; (14) Bring to the attention of the town council noncompliance with the policies and procedures of the records management program or the local government records act. Sec. 2-236. - Duties and responsibilities of department heads. In addition to other duties assigned in this article, department heads shall: (1) Cooperate with the records management officer in carrying out the policies and procedures established for the efficient and economical management of records and in carrying out the requirements of this article; (2) Adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and (3) Maintain the records in his or her care and carry out their preservation, Ordinance 857 Page 15 of 16 microfilming, electronic storage, destruction, or other disposition only in accordance with the policies and procedures of the records management program and the requirements of this article. Sec. 2-237. - Designation of records liaisons. Each department head shall designate a member of his or her staff to serve as records liaison officer for the implementations of the records management program in the department. If the records management officer determines that in the best interests of the records management program more than one records liaison officer should be designated for a department, the department head shall designated the number of records liaison officers specified by the records management officer. Persons designated as records liaison officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the records maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records liaison officer, the department head shall promptly designated another person to fill the vacancy. A department head may serve as records liaison officer for his or her department. Sec. 2-238. - Duties and responsibilities of records liaisons. In addition to other duties assigned in the article, records liaisons shall: (1) Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedule; (2) In cooperation with the records management officer coordinate and implement the policies and procedures of the records management program in their departments; and (3) Disseminate information to department staff concerning the records management program. Sec. 2-239. - Records control schedules to be developed; approval; filing with state. (a) The records management officer shall prepare records control schedules listing all records series created or received and the retention period of each series. Records control schedules shall also contain such other information regarding the disposition of records as the records management plan or state law may require. (b) The records management officer shall review the records control schedules of the town and prepare amendments to the schedules as needed to reflect new records created or received by the town or revisions to retention periods established in a records retention schedule issued by the state library and archives commission. Amendments to records control schedules shall be filed with the director and librarian in the same manner as the original schedules. (c) The records management officer shall submit the records control schedules to the director and librarian, who must accept them for filing, as provided by state law, before their implementation. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. Sec. 2-240. - Implementation of records control schedules; destruction of records under schedule. (a) A records control schedule that has been approved and adopted under section 2-210 shall be implemented according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or there is a request in writing to the records management officer that the record be retained for an additional period. (c) Prior to the destruction of a record under an Ordinance 857 Page 16 of 16 approved records control schedule, authorization for the destruction must be obtained by the records management officer. Sec. 2-241. - Destruction of unscheduled records. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018 ATTEST: _____________________________ ____________________________ Laura Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: ______________________________ Thomas E. Brymer, Town Manager ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2018 TOPIC: Consider approval of Resolution authorizing the Town Manager to enter into an interlocal agreement with Tarrant County for fire protection and emergency medical services. STAFF CONTACT: Richard Whitten, Fire Chief Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Maximize Efficiencies & Effectiveness Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 18, 2018 Completion Date: N/A Funding Amount N/A Status - Funded Source - N/A EXECUTIVE SUMMARY The purpose of this interlocal agreement, is to enhance the continuity of fire and emergency medicals services during times of emergencies for the protection of life and property. Page 2 of 2 RECOMMENDATION It is the Staff’s recommendation to authorize the Town Manager to enter into this agreement. ATTACHMENTS Resolution Resolution 18-22 Page 1 of 8 TOWN OF WESTLAKE RESOLUTION NO. 18-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES. WHEREAS, the Town of Westlake, Texas (the "Town") and Tarrant County desire to enter into an agreement for mutual aid for fire protection and emergency medical services; and, WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the Town finds that the passage of this Resolution is in the best interest for public safety for the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council hereby authorizes the Town Manager to enter into the interlocal agreement, attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18TH DAY OF JUNE 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 18-22 Page 2 of 8 The State Of Texas County of Tarrant Agreement for Mutual Aid in Fire Protection And Emergency Medical Services This Agreement is entered into by and between the agencies signatory to this agreement, hereinafter referred to as “Member Local Entity,” “Parties,” or “Party.” W I T N E S S E T H WHEREAS, the governing body of the Member Local Entities, organized under the general laws of the State of Texas, desire to secure for each Member Local Entity the benefits of mutual aid in the protection of life and property from fire and in firefighting and emergency medical services; and WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas Government Code; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The following terms shall have the following meanings when used in this Agreement: (A) For purposes of this contract, “Member Local Entity” means a: (1) county, municipality, special district, or other political subdivision of this state or a state that borders this state; or (2) volunteer fire department constituted under state law. (B) For purposes of this contract, “mutual aid” refers to reciprocal assistance by emergency services under a prearranged plan. 2. That upon request by the Fire Chief or his/her designee or by the fire alarm operator of one Member Local Entity to the fire department of the other Member Local entity, available fire department equipment and personnel will be dispatched in aid of the requesting Member Local Entity to any point within a reasonable distance of the jurisdictional limits of the responding Local Entity, subject to the conditions hereinafter stated. Resolution 18-22 Page 3 of 8 The Fire Chief of each Member Local Entity shall designate what constitutes a reasonable travel distance outside the jurisdictional limits of the Local Entity. It is hereby declared and agreed that an emergency condition shall exist within the corporate limits of a requesting Member Local Entity when one or more emergencies are in progress. When such an emergency exists, upon request of the Fire Chief, or his/her designee, or by the fire alarm operator of a Member Local Entity in which the emergency condition exists (the “requesting Local Entity”) to the fire department of another Member Local Entity (the “responding Local Entity”), the Fire Chief or designee of the responding Local Entity will dispatch such fire department equipment and personnel to the aid of the requesting Local Entity as he/she deems advisable subject to the conditions hereinafter set out. 3. Any dispatch of fire department equipment and personnel pursuant to this Agreement is subject to the following conditions: A. It is expressly understood and agreed that before responding in accordance with this Agreement that each Member Local Entity will have an ordinance, resolution, rule, or order adopted before the effective date of this Agreement which sets out the standard of care for emergency action which substantially states the following: “Every officer, agent or employee of the Member Local Entity and every officer, agent or employee of an authorized provider of emergency services, including, but not limited to every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is ‘effective’ if it in any way contributes or can reasonably be thought by the provider of such emergency service to contribute to preserving any lives or property. This Section shall prevail over every other ordinance, resolution, rule, or order of the Member Local Entity and, to the extent to which the Member Local Entity has the authority to so authorize, over any other law establishing a standard of care in conflict with this section. Neither the Member Local Entity nor the employee, agent or officer thereof, or other unit of government or subdivision thereof or its employees, agents or officers shall be liable for failure to use ordinary care in such emergency. It is the intent of the Member Local Entity, by passing this ordinance, resolution, rule, or order to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such government units from liability, and their employees, agents and offices from nonintentional tort liability to the fullest extent permitted by statutory and constitutional law, this ordinance, resolution, rule or order shall be liberally construed to carry out the intent of the Member Local Entity.” B. Any request for assistance under this Agreement shall specify the amount and type(s) of fire department equipment needed, the MAPSCO location, and the street address to which the equipment and personnel are to be dispatched. Resolution 18-22 Page 4 of 8 Upon a request for mutual aid assistance by a Member Local Entity, under the terms of this agreement, the typical response set for personnel and equipment would be as follows: one unit of firefighting apparatus, pumper (engine) or aerial (ladder), with a minimum of three personnel, or a brush truck or water supply vehicle with a minimum of two personnel, or an ambulance with a minimum of two personnel. However, variances to the typical response set for personnel may be agreed upon at the time of the mutual aid request. The Fire Chief of the responding Local Entity or his/her designee may dispatch additional equipment and personnel. Responding personnel must meet the minimum firefighting standards as established by their jurisdiction or by the Texas Commission on Fire Protection whichever is applicable. Texas Department of Health certified personnel (Emergency Care Attendant, Emergency Medical Technician, and Paramedic) may provide emergency medical services to the degree allowed by their certification and Medical Control. Supervisory personnel, support equipment and personnel, or additional fire department equipment and personnel may also be dispatched to the Member Local Entity by direction of the Fire Chief of the responding Local Entity or his/her designee. C. The requesting Local Entity must have a command system in place and an incident commander in charge of the incident. D. The senior fire representative from the responding Local Entity shall report to and be under the direction of the requesting Local Entity Incident Commander, and will direct the utilization of his/her resources to assist in mitigating the emergency in accordance with accepted procedures. However, if a member of a responding Local Entity is requested to perform a task that is in conflict with the responding Local Entity’s internal policies, the responding Local Entity retains the right to advise the officer in charge that the task cannot be completed. If agreement cannot be reached on the issue, the responding Local Entity has the option of leaving the scene. Each Party to this Agreement shall at all times be and remain legally responsible for the conduct of their respective fire department employees regardless of whether such employees were performing duties under this Agreement at the request of the requesting Local Entity and regardless of whether such employees were acting under the authority, direction, suggestion or orders of an officer of the requesting Local Entity. This assignment of civil liability is specifically permitted by section 791.006(a-1) of the Texas Government Code (“Code”) and is intended to be different than the liability otherwise assigned under section 791.l006 (a) of the Code. Each Party hereby waives all claims against the other Party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of the Agreement. E. Fire department equipment and personnel from the responding Local Entity shall be released by the Incident Commander as soon as they are no longer needed or when their services are needed within their normal fire protection area. Resolution 18-22 Page 5 of 8 F. In areas where common Member Local Entity jurisdictional lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the Local Entity receiving the alarm will dispatch its fire department equipment and personnel and notify the other affected Local Entity of the alarm. If the emergency is not within the jurisdictional limits of the responding Local Entity, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. 4. Each Local Entity waives all claims against the other Local Entity for compensation for any loss, property damage, personal injury or death occurring as a consequence of the performance of this Agreement. Neither Member Local Entity shall be reimbursed by the other for costs incurred pursuant to this Agreement, with the exception of supplies and consumable items. 5. All equipment used by the responding fire department in carrying out this agreement will, at the time of action hereunder, be owned by it; and personnel who perform duties pursuant to this agreement shall receive the same payment, salary, pension, injury or death benefits, workers’ compensation benefits, payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the Member Local Entity which they serve. Each Member Local Entity shall be solely responsible for the payment of its costs associated with providing fire department equipment and personnel under this Agreement for up to twelve (12) consecutive hours of a Mutual Aid. Thereafter, upon receipt of an invoice, all costs associated with the provision of Mutual Aid lasting more than twelve consecutive hours shall be paid by the responding Local Entity and reimbursed by the requesting Local Entity, to the extent permitted by law. Such costs include, but are not limited to: compensation for personnel; operation and maintenance of equipment; damage to equipment; and food, lodging and transportation expenses. Formulary to assist cost determination will be based on the most current FEMA reimbursement schedules set by the Stafford Act and chapter 418 of the Texas Government Code. (1) Requests for reimbursement must be submitted as soon as practicable but no later than sixty days after the return of all personnel deployed under this Agreement. Failure to submit a request for reimbursement within the specified time frame will result in the responding Local Entity not being reimbursed for the Mutual Aid provided unless the requesting Local Entity extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such requests shall specifically identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. Resolution 18-22 Page 6 of 8 (2) The responding Local Entity shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Mutual Aid under this Agreement. The record shall be kept for a period of three years from the date the incident is closed. (3) In the event federal or state funds are available for costs associated with the provision of Mutual Aid, the Parties agree that the requesting Local Entity shall make the claim for the eligible costs of the responding Local Entity on its subgrant application and will disburse the federal or state share of funds to the responding Local Entity. (4) Reimbursement under this Section will be made by the requesting Local Entity no later than: (1) one-hundred eighty days after receipt of the request for reimbursement; or (2) ninety days after the requesting Local Entity receives reimbursement from the federal or state government, whichever is sooner. 6. It is expressly understood that when an employee or volunteer of the responding Local Entity is performing duties under the terms of this agreement, that person is considered to be acting in the line of duty for the purposes of 34 U.S.C.A 10281; is considered to be in performance of duties within the provisions of Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty. 7. It is further understood and agreed that, in the execution of this Agreement and contract, neither Member Local Entity waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 8. This Agreement shall be interpreted under the laws of the State of Texas. The venue for any lawsuit arising out of this Agreement will be the Fort Worth Division of the Northern District of Texas if the lawsuit arises in Federal Court or Tarrant County, Texas if the matter arises in State Court. 9. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. Resolution 18-22 Page 7 of 8 10. Each Member Local Entity may terminate this Agreement upon thirty (30) days’ written notice to the other Member Local Entity. 11. In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 12. This Agreement contains all commitments and agreements of the Member Local Entities regarding mutual fire protection and emergency medical service assistance, and no other prior oral or written commitments shall have any force or effect. 13. This Agreement shall become effective between the Parties hereto on the day after it is fully executed and shall continue in effect for twelve (12) months from the effective date. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term thereafter unless and until such time as the governing body of a Party terminates its participation prior to the date of automatic renewal or as prescribed in Section 10 of this Agreement. 14. This Agreement may be amended or modified by the mutual agreement of the Parties hereto, in writing, to be attached to and incorporated into this Agreement. 15. The undersigned Member Local Entities agree and certify they have complied with one of the following provisions of this section based on if they are a Governmental Entity or Volunteer Fire Department: 1. The Parties claiming to be exempt from the Form 1295 requirement acknowledge that they are governmental entities and not business entities as those terms are defined in Tex. Gov’t Code 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t Code Section 2252.908 are required. Resolution 18-22 Page 8 of 8 2. The Volunteer Fire Department acknowledges and agrees that it has fully, accurately, and completely disclosed all interested parties in the attached Form 1295, and has acknowledged the completeness of this disclosure by filing the Form 1295, attached as Exhibit A, with the Texas Ethics Commission as required by law. 16. This Agreement shall be executed by the duly authorized official(s) of the Party as expressed in the approving ordinance, resolution, rule or order of the governing body of such Party, a copy of which is attached hereto. Executed this day of , 2018 Town of Westlake Name of Local Entity Thomas E. Brymer Name Town Manager Title Approved as to form: Approved as to form: L. Stanton Lowry, Town Attorney Title Attest: Attest: Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2018 TOPIC: Consider approval of Resolution approving $184,883 in change orders with Core Construction for the construction of the Westlake Fire-EMS Station No. 1 project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. STAFF CONTACT: Troy J. Meyer, Facilities Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 12, 2016 Completion Date: January 31, 2019 Funding Amount $9,657,721 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On October 30, 2017 the Town Councial approved an agreement with Core Construction for a guaranteed maximum price of $9,657,721 for the construction for the new Westlake Fire-EMS Page 2 of 2 station No. 1. At the May 21st Town Council meeting staff presented the following alternates to be added back into the project which does not have an impact on the approved GMP. These items will be funded by the savings from final negotiations of the subcontractor agreement with Core construction. Staff recommends the following change order be added back to the project: • Wooden trellis $ 70,000 • Outdoor gas grill 9,200 • Exterior signs 20,079 • Electrical gate 28,277 • Fueling station 57,327 Total $184,883 The project includes three signs on the site plan at the following locations: • Westlake Fire – EMS Department on the stone wall on the south east corner • Westlake Fire department patch on the southside of the building • The Number 1 on the east side of the bay Staff is also recommending to remove the stone wall sign on the south east corner and install a monument sign at the visitor entrance on Dove Road. The estimated move in date is Feburary 2019. RECOMMENDATION It is the Staff’s recommendation to approve $184,883 in change orders for the construction of Westlake Fire-EMS station No. 1. ATTACHMENTS Exhibit “A” Resolution 18-23 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-23 A RESOLUTION OF THE TOWN COUNCIL TO AUTHORIZE THE TOWN MANAGER TO APPROVE CHANGE ORDERS IN THE AMOUNT OF $184,883 TO THE AGREEMENT WITH CORE CONSTRUCTION FOR THE CONSTRUCTION OF THE WESTLAKE FIRE-EMS STATION NO. 1 PROJECT AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES VIA CHANGE ORDER NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town of Westlake will be constructing a new 18,000 square foot Fire - EMS House 1; and, WHEREAS, the Council desires to provide stakeholders with an iconic looking fire station that serves the emergency services needs of the community and meets the community building standards; and, WHEREAS, the add alternates being added back into the project will not have an impact on the approved GMP agreement with Core Construction; and WHEREAS, the change orders will be funded through savings from the final negotiations of the subcontractor agreement with Core Construction; and, WHEREAS, the Town Council finds the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Westlake Town Council does hereby authorize the Town Manager to approve the change orders in the amount of $184,883 with Core Construction for the construction of the Westlake Fire-EMS Station No. 1 project attached as Exhibit “A”. SECTION 3: That, the Westlake Town Council hereby authorizes the Town Manager and/or his designee to approve change orders to this agreement up to $25,000, in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-23 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Exhibit “A” Resolution 18-23 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 11, 2018 TOPIC: Consider an Ordinance Amending Ordinance 756 by repealing Appendix “A”, Allied Waste Franchised City Rates, dated December 14, 2015 and replacing with Appendix “A”, Allied Waste Franchised Town Rates, dated July 1 , 2018 to provide a rate increase for Republic Services Contract for Solid Waste and Recycling services. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Maximize Efficiencies & Effectiveness Strategic Initiative Evaluate Services and Determine if Fees are Appropriate Time Line - Start Date: July 1, 2018 Completion Date: July 1, 2018 Funding Amount: N/A Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town’s current Solid Waste and Recycling rates were last updated on December 14, 2015 in combined with a 5 year contract extension by approval of Ordinance 756 and required rates to be maintained until December 2017 after which a 3% rate increase could be requested. Page 2 of 2 Allied waste has proposed the following base rate increase: 2016 2018 Increase Solid Waste $8.40 $8.65 $0.25 Recycling $2.89 $3.89 $1.00 TOTAL $11.29 $12.54 $1.25 The majority of this increase is related to recycling costs associated with changes in the recycling market as presented to Council during the Workshop session. The proposed rates would not be effective until July 1, 2018 and placed on the July residential utility bills that will be mailed out in August. Staff will begin a communication’s effort to inform residential and commercial customers of any rate increase approved by Council. The current contract extension approved in 2015 included a $1.84 charge per additional recycling cart. The proposed rate schedule increases the charge per additional recycling cart from $1.84 to $1.89 (0.5¢ increase). RECOMMENDATION Staff recommends approving the solid waste and recycling rate increase for Republic Services. ATTACHMENTS Ordinance with Appendix A Ordinance 858 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 858 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE NO. 756 BY REPEALING APPENDIX “A”, ALLIED WASTE FRANCHISED CITY RATES, DATED DECEMBER 14, 2015 AND REPLACING WITH APPENDIX “A”, ALLIED WASTE FRANCHISED TOWN RATES, DATED JULY 1, 2018; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Westlake finds that it is in the best interest of the citizens of Westlake to secure services for solid waste and recycling; and WHEREAS, On November 26, 2001, the Town Council of the Town of Westlake adopted Ordinance 408 to contract Trinity Waste Services for solid waste and recycling services; and WHEREAS, On August 30, 2010, the Town Council of the Town of Westlake adopted Ordinance 642 that consented to the assignment of Trinity Waste Services contract for solid waste and recycling services to Allied Waste; and WHEREAS, On December 14, 2015 the Town Council of the Town of Westlake adopted Ordinance 756 that provided a 5 year contract extension and rate increase to Allied Waste for solid waste and recycling services; and WHEREAS, The Town Council of the Town of Westlake finds that the rate amendment set forth to the Ordinance is in the best interests of the health, safety, and welfare of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance by reference as if copied in their entirety herein. SECTION 2: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 858 Page 2 of 2 SECTION 3: That Ordinance 756 is hereby amended by repealing Appendix “A”, Allied Waste Franchised City Rates, dated December 14, 2015 and replacing with Appendix “A”, Allied Waste Franchised Town Rates, dated July 1, 2018. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This ordinance shall take effect on July 1, 2018. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Appendix "A" ALLIED WASTE SERVICES FRANCHISED TOWN RATES TOWN OF WESTLAKE COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA 2 YD 56.40 88.37 120.33 152.30 184.24 216.22 24.44 3 YD 69.56 116.56 163.58 210.57 257.57 304.57 25.87 4 YD 84.62 141.02 197.41 253.81 310.23 366.63 27.30 6 YD 99.47 188.18 263.22 338.42 413.63 488.83 28.21 8 YD 146.14 240.66 334.66 428.66 522.68 616.69 29.63 COMMERCIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL HAUL DISPOSAL TOTAL DEPOSIT PER DAY PER LD PER LD PER LD PER CONT 20 YD OPEN 75.71 3.24 148.32 162.23 310.54 216.00 25 YD OPEN 75.71 3.24 148.32 202.78 351.10 216.00 30 YD OPEN 75.71 3.24 148.32 243.34 391.65 216.00 35 YD OPEN 75.71 3.24 148.32 283.89 432.21 216.00 40 YD OPEN 75.71 3.24 148.32 324.45 472.77 216.00 28 YD COMP NEGO NEGO 148.32 288.89 437.21 NEGO 30 YD COMP NEGO NEGO 148.32 309.53 457.84 NEGO 35 YD COMP NEGO NEGO 148.32 361.11 509.43 NEGO 40 YD COMP NEGO NEGO 148.32 412.70 561.02 NEGO 42 YD COMP NEGO NEGO 148.32 433.34 581.65 NEGO FRANCHISE FEE PERCENTAGE 12.00%12.00% CASTERS:$10.82 /MONTH LOCKS:$1.08 /MONTH RESIDENTIAL CURBSIDE:$8.65 /MONTH RECYCLING CURBSIDE:$3.89 /MONTH RESIDENTIAL & RECYCLING CURBSIDE TOTAL:$12.54 /MONTH Additional Trash Cart $4.33 /MONTH Additional Recycle Cart $1.89 /MONTH EFFECTIVE DATE:7/1/2018 TOWN HALL PHONE #:817-430-0941 Ordinance 858 Page 1 of 1 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 18, 2018 TOPIC: Discussion and Consideration of a Resolution Appointing and Reappointing Various Affiliate Board Members. STAFF CONTACT: Kelly Edwards, Town Secretary and Tanya Morris, Administrative Assistant to the Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 2, 2018 Completion Date: June 18, 2018 Funding Amount: 0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Members with expiring terms have been contacted by the Town Secretary’s office and asked to respond as to their desire to continue to serve as a board, commission, or committee member. All current board members that expressed the desire to be reappointed are listed in the resolution. RECOMMENDATION N/A ATTACHMENTS Resolution Resolution 18-24 Page 1 of 4 TOWN OF WESTLAKE RESOLUTION NO. 18-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; PLANNING AND ZONING COMMISSION; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION; AND WESTLAKE HISTORICAL PRESERVATION SOCIETY, AND RESOLVING RELATED MATTERS. WHEREAS, the Town Council conduct annual board appointments and reappointments at a June meeting; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. 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 following individuals are hereby appointed/reappointed to the 4B Economic Development Board: As a result of the appointments heretofore stated, the 4B Economic Development Board is represented by the following: Term Expiration Laura Wheat, Mayor June 2020 Carol Langdon, Council Member June 2020 Michael Barrett, Council Member June 2020 Rick Rennhack, Council Member June 2020 Wayne Stoltenberg, Council Member June 2020 Alesa Belvedere, Council Member June 2020 Vacant, Non-Council Member June 2020 SECTION 3: THAT the following individuals are hereby appointed reappointed to the Planning and Zoning Commission: Resolution 18-24 Page 2 of 4 As a result of the appointments heretofore stated, the Planning and Zoning Commission is represented by the following: Term Expiration Ken Kraska June 2019 Tim Brittan June 2019 Liz Garvin June 2020 Greg Goble June 2020 Michelle Lee June 2019 Sharon Sanden (Alternate member No. 1) June 2020 Vacant (Alternate member No. 2) June 2019 SECTION 4: THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Authority; As a result of the appointments heretofore stated, the Texas Student Housing Authority and the Texas Student Housing Corporation – Denton Project, are represented by the following: Term Expiration Vacant June 2020 Paula Petersen June 2019 Scott Bradley June 2020 Katie Kolkmeier June 2020 James Krekow June 2019 Mark Harrow June 2019 Randall Quick June 2019 Executive Director – Tracy Schornack SECTION 5: THAT the following individuals are hereby appointed/reappointed to the Westlake Academy Foundation Board of Directors: As a result of the appointments heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Sean Shope June 2020 Zan Jones June 2020 Vacant June 2020 Christine Ross June 2020 Vacant June 2020 Leah Rennhack June 2021 Vacant June 2021 Wendy Greenwood June 2021 Resolution 18-24 Page 3 of 4 Deanna Titzler June 2021 Laura Luckett June 2021 Deborah Kraska June 2019 Karen Stoltenberg June 2019 Kevin Hansen June 2019 Adam Smith June 2019 Vacant June 2019 SECTION 6: THAT the following individuals are hereby appointed/reappointed to the Westlake Historical Preservation Society: As a result of the appointment heretofore stated, the Westlake Historical Preservation Society, is represented by the following: Term Expiration Vacant June 2021 Thomas Miller June 2021 Daniel Zipperlen June 2021 Jon White June 2021 Kimberly Morris June 2021 Stephen Thornton June 2019 Paula Thornton June 2019 Patricia Rapp June 2019 Vacant June 2019 Staff Liaison- Town Manager or his appointee SECTION 7: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-24 Page 4 of 4 SECTION 8: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18th DAY OF JUNE 2018. ATTEST: _____________________________ Laura Wheat, Mayor ______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal matters involving pending or contemplated litigation regarding the Town’s Soliciting ordinance. c. 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 evaluation - Town Manager search process Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting NECESSARY ACTION 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 (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney to seek advice of counsel on legal matters involving pending or contemplated litigation regarding the Town’s Soliciting ordinance. c. 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 evaluation - Town Manager search process Town Council Item #7 – Necessary Action 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 Council Item # 8 – Future Agenda Items Town Council Item # 9 – Adjournment Regular Session