02.14.23 Town Council Regular Meeting PacketPage 1 of 4
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Prosper is a place where everyone matters.
Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link:
https://prospertx.new.swagit.com/views/378/
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the Town Council meeting shall be removed from
the room, if so directed by the Mayor or presiding officer, and the person shall be barred from
further audience before the Town Council during that session of the Town Council. Disruption of
a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
1. Consider and act upon the minutes from the January 24, 2023, Town Council Work
Session meeting. (MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 14, 2023
4:15 PM
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2. Consider and act upon the minutes from the January 24, 2023, Town Council Regular
meeting. (MLS)
3. Consider and act upon an ordinance ordering a General Election to be held on May 6,
2023, for the purpose of electing a Councilmember Place 3 and Councilmember Place
5; designating location of polling places; ordering notices of election to be given as
prescribed by law and authorizing the Interim Town Manager to execute contracts with
Collin County and Denton County Election Departments for joint election services.
(MLS)
4. Consider and act upon an ordinance by the Town Council, acting as the Board of
Directors of the Crime Control and Prevention District, ordering a Special Election to
be held May 6, 2023, for the purpose of submitting to the qualified voters a referendum
on the continuation of the Town of Prosper Crime Control and Prevention District for
twenty (20) years, and a sales and use tax at the rate of one-fourth of one percent
dedicated to crime control and prevention programs. (MLS)
5. Consider and act upon an ordinance by the Town Council, acting as the Board of
Directors of the Fire Control, Prevention and Emergency Medical Services District,
ordering a Special Election to be held May 6, 2023, for the purpose of submitting to
the qualified voters a referendum on the continuation of the Town of Prosper Fire
Control, Prevention and Emergency Medical Services District for twenty (20) years,
and a sales and use tax at the rate of one-fourth of one percent dedicated to fire safety
and emergency medical services programs. (MLS)
6. Consider and act upon approving the purchase of a subscription for weather alert
software (web + mobile) from Perry Weather Consulting, Inc., for Frontier Park, Folsom
Park, and Eagles Landing Park, and authorizing the Interim Town Manager to execute
documents for the same. (DB)
7. Consider and act upon approving the purchase of Public Safety, Firehouse Supplies,
and Equipment through the Texas Local Government Purchasing Cooperative from
GT Distributors, Inc. (SB)
8. Consider and act upon approving a unit price, as needed contract, between DHS
Automation Inc., a sole source provider, and the Town of Prosper, Texas, related to
SCADA, maintenance, and water and wastewater electrical services and repair; and
authorizing the Interim Town Manager to execute documents for the same. (FJ)
9. Consider and act upon approving the purchase and installation of streetlights from
Groves Electrical Services, Inc., through the Texas Local Government Purchasing
Cooperative; and authorizing the Interim Town Manager to execute documents for the
same. (FJ)
10. Consider and act upon the purchase of ammunition and range supplies from GT
Distributors Inc., utilizing the Buyboard Contract #603-20; and authorizing the Interim
Town Manager to execute documents for same. (DK)
11. Consider and act upon a resolution authorizing the Interim Town Manager, and/or
his/her designee, to apply for the Office of the Governor, FY 2024 Criminal Justice
Division, General Victim Assistance Grant Program and consider and act upon
authorizing the Interim Town Manager and/or his/her designee to accept the Office of
the Governor, FY 2024 Criminal Justice Division, General Victim Assistance Grant
Program upon award. (DK)
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12. Consider and act upon authorizing the Interim Town Manager, and/or his/her
designee, to accept the award for the Office of the Governor, Criminal Justice Division,
Bullet Resistant Shield Grant Program, FY2023. (DK)
13. Consider and act upon a resolution authorizing the Interim Town Manager, and/or
his/her designee, to apply for the Office of the Governor, Homeland Security Grants
Division, 2022 SHSP – Town of Prosper SWAT Communication Headsets Project
Grant and consider and act upon authorizing acceptance of the Office of the Governor,
Homeland Security Grants Division, 2022 SHSP – Town of Prosper SWAT
Communication Headsets Project Grant, if awarded. (DK)
14. Consider and act upon awarding RFP No. 2022-57-B Comprehensive Broadband
Analysis to Lit Communities, related to the EDA Prosper Subregional Broadband
Assessment & Strategy Project, and authorizing the Interim Town Manager execute
an agreement for the same. (MM)
15. Consider and act upon authorizing the Interim Town Manager to execute a
Professional Engineering Services Agreement between Freese and Nichols, Inc., and
the Town of Prosper, Texas, related to the Water, Wastewater, and Roadway Impact
Fee Update project. (HW)
16. Consider and act upon authorizing the Interim Town Manager to execute Contract
Amendment No. 2 to the Professional Services Agreement, between Freese and
Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road
Pipeline and Meter Vault Relocation project. (HW)
17. Consider and act upon an ordinance granting a non-exclusive gas franchise to Atmos
Energy Corporation and repealing Ordinance No. 2023-02. (RBS)
18. Consider authorizing the Interim Town Manager to execute on behalf of the Town
settlement documentation relative to the State of Texas’ and other governmental
entities’ litigation against Allergan, CVS, Walmart and Walgreens for the marketing,
sale and dispensing of opioids, and to take all actions incident and related thereto.
(TW)
19. Consider and act upon an ordinance to rezone 0.177± acres from Single Family-15
(SF-15) to Downtown Office (DTO), on Lots 10A & 11B, located on the north side of
Broadway Street, east of Coleman Street. (Z22-0017). (DS)
CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment
Request Form” and present it to the Town Secretary prior to the meeting. Please limit your
comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their
three minutes to one individual appointed to speak on their behalf. All individuals yielding their
time must be present at the meeting, and the appointed individual will be limited to a total of 15
minutes.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
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Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, and the
Community Engagement Committee, and all matters incident and related thereto.
Section 551.071 - Litigation update.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, February 10, 2023, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:00 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Staff Members Present:
Bob Scott, Interim Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
David Soto, Planning Manager
Leigh Johnson, IT Director
Doug Kowalski, Police Chief
Items for Individual Consideration
1. Receive an update regarding the Solid Waste RFP. (RBS)
Mr. Scott provided an update on the Request for Proposals (RFP) for solid waste
services by giving an overview of the differences in the current contract and items
being requested within the RFP along with the public survey results on trash and
recycling services.
The Town Council discussed commercial dumpsters, cost of household hazardous
waste, recycling with the Prosper Independent School District, and fees for multiple
trash or recycling carts.
2. Receive an update on the feedback obtained regarding submittal checklists
for Planned Developments. (DS)
Mr. Soto provided an overview of the types of Exhibits associated with a Planned
Development (PD). He noted the main differences between a Residential and Non-
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 24, 2023
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Item 1.
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Residential Conceptual Development Plan. Mr. Soto provided examples of current
Planned Development concept plans and how they vary from very detailed to
“bubble” plans and comparisons from two benchmark cities. Staff is seeking
feedback on how much information and detail the Town Council would like to have
within each PD.
The Town Council discussed the current process, ways to have consistency in the
process, and possible ways to avoid having plans reevaluated due to change of
uses within the plan.
Due to time constraints, the Mayor requested to bring this item back for further
discussion to the next Work Session meeting on February 14.
Adjourn.
The meeting was adjourned at 5:50 p.m.
These minutes approved on the 14th day of February 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 1.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:39 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotton
Staff Members Present:
Bob Scott, Interim Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
Chris Landrum, Finance Director
David Soto, Planning Manager
Leigh Johnson, IT Director
Dan Baker, Parks and Recreation Director
Brady Cudd, Building Official
Mary Branch, Health and Code Manager
Todd Rice, Communications Manager
Stuart Blasingame, Fire Chief
Bryan Ausenbaugh, Fire Marshal
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Damon Simpson with Prestonwood Baptist Church led the invocation. The Pledge of Allegiance
and the Pledge to the Texas Flag were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
Join the Parks and Recreation Department for their next topic in their lecture series: Heart Health
for Seniors: Defining Heart Disease being led by members of the Prosper Fire Dept. Come receive
vital information in several areas including defining heart disease, the signs of a heart attack,
living a heart-healthy lifestyle, and knowing your numbers. The lecture is being held on Monday,
February 13 from 10 to 11 am at the 407 Rec Center. Lectures are free of charge, but reservations
are requested. Additional information can be found on prosperparksandrec.org.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 24, 2023
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Item 2.
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Join us on Saturday, February 18 from 9 to 11 a.m. for the Prosper Fishing Derby at the Frontier
Park Pond, located at 1551 Frontier Pkwy. The Prosper Fishing Derby is a friendly competition
for kids and a relaxing morning for the entire family. Judges will be stationed around the pond to
chart fish caught and prizes will be awarded at 11 a.m. The event is free of charge and registration
is not required.
Mayor Bristol thanked the Chamber of Commerce for sponsoring this year’s State of the
Community held earlier in the day.
Presentations.
1. Receive a presentation from the Salvation Army of North Texas regarding the
2022 Mayors Red Kettle Challenge. (MLS)
Christina Drozdovschi and Mary Freeman with the Salvation Army presented the
Mayor and Town Council the award for winning the Mayors Red Kettle Challenge and
raising over $3,700 in donations. A special thanks was given to the Kroger on Preston
Road for the $2,000 donation.
2. Presentation of a Proclamation declaring February 2023 as Congenital Heart
Defect Awareness Month. (MLS)
Mayor Bristol read and presented a Proclamation to Melissa Hansen.
3. Presentation of a Proclamation declaring the week of January 14 -29, 2023 as
Health for Humanity Yogathon. (MLS)
Mayor Bristol read and presented a Proclamation to Neeraj Agrawal.
Mr. Agrawal spoke about the Health for Humanity Yogathon and thanked the Mayor
and Town Council for their support.
4. Receive a presentation and discuss the Prosper Passport event proposal. (RB)
Ms. Battle introduced Christine Strobush, Chair of the Community Engagement
Committee (CEC), and Brent Kirby, Vice-Chair of the CEC. Ms. Strobush and Mr.
Kirby provided an overview of a new CEC Initiative, the Prosper Passport. The
initiative to introduce new residents to Prosper through a variety of activities and
experiences. The CEC intends to kick off the program at the April 6 New Resident
Mixer. The Council indicated their strong support for the idea.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
5. Consider and act upon the minutes of the January 6, 2023, Town Council Special
meeting. (MLS)
6. Consider and act upon the minutes of the January 7, 2023, Town Council Special
meeting. (MLS)
7. Consider and act upon the minutes of the January 10, 2023, Town Council Work
Session meeting. (MLS)
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Item 2.
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8. Consider and act upon the minutes of the January 10, 2023, Town Council
meeting. (MLS)
9. Consider and act upon awarding CSP No. 2023-05-B to DDM Construction
Corporation, related to construction services for the Teel/US 380 Intersection
Improvements project; and authorizing the Interim Town Manager to execute a
construction agreement for same. (HW)
10. Consider and act upon approving a Service Agreement with Flock Group, Inc.
for the purchase of software and hardware situational awareness solution for
automatic license plates, video, and audio detection; and authorizing the Interim
Town Manager to execute documents for same. (DK)
11. Consider approving the purchase of a 2023 Chevrolet Silverado 1500 for
Construction Inspection, a 2023 Chevrolet Silverado 1500 for Right of Way, and
a 2023 Ford Maverick for Code Enforcement from Enterprise Fleet Management
utilizing The Interlocal Purchasing System (TIPS); and authorizing the Interim
Town Manager to execute the same. (JC)
12. Consider and act upon Ordinance 2023-02 granting a non-exclusive gas
franchise to Atmos Energy Corporation. (RBS)
13. Conduct a public hearing and consider and act upon a request to rezone 0.1±
acres from Single Family-15 (SF-15) to Downtown Office (DTO), on Lots 10A &
11B, located on the north side of Broadway Street, east of Coleman Street. (Z22-
0017). (DS)
14. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit for a new Wireless Communications and Support Structure, on .2±
acre, located on the north side of Prosper Trail, west of Legacy Drive. (S22-
0011) (DS)
15. Conduct a public hearing and consider and act upon a request to amend a
Specific Use Permit-19 (S-19) for a Child Care Center, Licensed on 2.3± acres,
located on the north side of Prairie Drive, west of Legacy Drive. (S22-0010) (DS)
16. Consider and act upon Resolution 2023-03 expressing official intent to
reimburse costs of Town capital improvement program projects that may be
funded with proceeds of bonds or other obligations if those costs are paid prior
to the issuance of such bonds or other obligations. (CL)
Councilmember Cotten made a motion to approve consent agenda items 5 through
16. Mayor Pro-Tem Hodges seconded that motion, and the motion was unanimously
approved.
CITIZEN COMMENTS
James Pope, 1640 Gentle Way, expressed his appreciation to the Town and the Parks and
Recreation Department for holding events specifically for Special Needs children, and for
considering the Special Needs community when holding events. He hopes the Town will continue
to incorporate these types of accommodations and suggested as the Town grows to consider a
Board designated to help with the inclusion of family of children with Special Needs.
Items for Individual Consideration:
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Item 2.
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17. Conduct a public hearing and consider and act upon Ordinances 2023-04
through 2023-13 adopting the following International Codes with local
amendments:
A. 2021 Existing Building Code;
B. 2021 Building Code;
C. 2021 Residential Code;
D. 2021 Plumbing Code;
E. 2021 Mechanical Code;
F. 2021 Fuel Gas Code;
G. 2021 Energy Conservation Code;
H. 2021 Property Maintenance Code;
I. 2021 Fire Code;
J. 2020 National Electric Code;
and repealing all prior versions of said International Codes, to the extent
referenced in each applicable ordinance. The foregoing codes are contained in
Chapter 3, "Building Regulations, " of the Town's Code of Ordinances, as
amended. (BC)
Mr. Cudd introduced this item by providing the importance of updating the codes,
previous code updates that have been made, and highlights of changes within the new
codes. Ms. Branch touched on the International Property Maintenance Code, and Fire
Marshal, Mr. Ausenbaugh spoke to changes within the Fire Code.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Ray made a motion to adopt Ordinances 2023-04 through 2023-13
respectively approving the 2021 versions of the following International Codes: Existing
Building Code; Building Code; Residential Code; Plumbing Code; Mechanical Code;
Fuel Gas Code; Energy Conservation Code; Property Maintenance Code; Fire Code;
and the 2020 National Electric Code, and all local amendments to the foregoing codes.
Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was
unanimously approved.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No comments were made.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
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Item 2.
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Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.089 - Deliberation of security information collected, assembled, or
maintained by or for a governmental entity to prevent, detect or investigate criminal
activity, pursuant to Section 2059.055 of the Texas Government Code, and all matters
incident and related thereto.
Section 551.071– To discuss retention of legal services to assist in NEPA EIS
evaluation, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:31 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 8:14 p.m.
Mayor Pro-Tem Hodges made a motion to authorize the Interim Town Manager to execute an
engagement letter with S. Deatherage Law to assist the Town in preparing comments and
responses relative to NEPA EIS. Councilmember Cotten seconded that motion. The motion
passed with a 6-0 vote. Councilmember Ray was not present during the vote.
Adjourn.
The meeting was adjourned at 8:15 p.m.
These minutes approved on the 14th day of February 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 2.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Bob Scott, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Ordering May General Election
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon an ordinance ordering a General Election to be held on May 6, 2023, for
the purpose of electing a Councilmember Place 3 and Councilmember Place 5; designating
location of polling places; ordering notices of election to be given as prescribed by law and
authorizing the Interim Town Manager to execute contracts with Collin County and Denton County
Election Departments for joint election services.
Description of Agenda Item:
In accordance with Texas Election Law, the Town Council is responsible for ordering the General
Election to be held on the Uniform Election Date in May for the purpose of electing Councilmember
Place 3 and Councilmember Place 5. The Town will jointly contract with Collin County and Denton
County to conduct the election. Both counties provide training and equipment to the Town to help
reduce the cost of holding an election. Election agreements from both counties are provided in
draft form until all dates and locations are confirmed by participating entities.
Budgetary Impact:
Cost estimates are based on participating local entities and percentage of registered voters within
the Town of Prosper. These costs are subject to change until all entities are confirmed by both
counties. The cost for Collin County is currently estimated at approximately $14,500.71. The cost
for Denton County is currently estimated not to exceed $7,000.00. Election services are funded
through account 100-5460-10-02, Election Expenses.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously reviewed the standard contracts,
and approved the ordinance as to form and legality.
Attached Documents:
1. Ordinance: English & Spanish
2. Collin County Joint Election Contract
3. Denton County Joint Election Contract
4. Election Calendar
Prosper is a place where everyone matters.
TOWN SECRETARY
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Item 3.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance ordering a General Election to
be held on May 6, 2023, for the purpose of electing a Councilmember Place 3 and Councilmember
Place 5; designating location of polling places; ordering notices of election to be given as
prescribed by law and authorizing the Interim Town Manager to execute contracts with Collin
County and Denton County Election Departments for joint election services.
Proposed Motion:
I move to approve an ordinance ordering a General Election to be held on May 6, 2023, for the
purpose of electing a Councilmember Place 3 and Councilmember Place 5; designating location
of polling places; ordering notices of election to be given as prescribed by law and authorizing the
Interim Town Manager to execute contracts with Collin County and Denton County Election
Departments for joint election services.
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Item 3.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 6, 2023,
IN THE TOWN OF PROSPER FOR THE PURPOSE OF ELECTING
COUNCILMEMBER PLACE 3 AND COUNCILMEMBER PLACE 5;
DESIGNATING LOCATION OF POLLING PLACES; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH
SUCH ELECTION; AUTHORIZING EXECUTION OF JOINT ELECTION
CONTRACTS WITH COLLIN COUNTY AND DENTON COUNTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
A General Election is hereby ordered for the Town of Prosper, Texas (“Prosper”), to be
held jointly on Saturday, May 6, 2023, for the purpose of electing Councilmember Place 3 and
Councilmember Place 5. The candidate for each office, receiving a majority of all votes cast for
all candidates for an office, shall be elected to serve such term.
SECTION 2
No person’s name shall be placed upon the ballot as a candidate for Councilmember
unless such person has filed his or her sworn application as provided by Section 141.03 of the
Texas Election Code, with the Town Secretary at the Prosper Town Hall, located at 250 W. First
Street, Prosper, Texas 75078, not later than 5:00 p.m., on the 17th day of February 2023. The
Town Secretary shall note on the face of each such application the date of such filing. Such
application shall include the office the candidate is seeking.
SECTION 3
Qualified voters of the following election precincts shall cast ballots for the General
Election at the heretofore established and designated Election Day polling places, as follows:
Town Precincts Polling Place
178, 199, 214, 224, 239 Prosper Town Hall Community Room
(Collin County) 250 W. First Street
Prosper, TX 75078
1016, 1017, 9102 Prosper Fire Station 2 Training Room
(Denton County) 1140 S. Teel Parkway
Prosper, TX 75078
General Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the
General Election, Saturday, May 6, 2023.
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Item 3.
Ordinance No. 2023-XX, Page 2
SECTION 4
Early voting by personal appearance for Denton County residents shall be available at the
Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from
Monday, April 24, 2023, through Saturday, April 29, 2023, from 8:00 a.m. – 5:00 p.m.; Sunday,
April 30, 2023, from 11:00 a.m. – 5:00 p.m.; and Monday, May 1, 2023, through Tuesday, May 2,
2023, from 7:00 a.m. -7:00 p.m.
Early voting by personal appearance for Collin County residents shall be available at the
Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, from Monday,
April 24, 2023, through Friday, April 28, 2023, from 8:00 a.m. – 5:00 p.m.; Saturday, April 29,
2023, from 8:00 a.m. – 5:00 p.m.; and Monday, May 1, 2023, through Tuesday, May 2, 2023, from
7:00 a.m. - 7:00 p.m.
Qualified voters may vote at any of the additional Early Voting locations open under full
contract services with the Collin County Elections Administrator or the Denton County Elections
Administrator. This previous sentence shall also be posted in the Notice of Election.
SECTION 5
That the Town Manager and Town Secretary are authorized to execute a contract for an
Election with the Denton County Election Department, the Collin County Election Department, the
Prosper Independent School District, and other entities that will provide for all election
appointments, early voting by mail, the designated voting location(s) and hours of operation,
payments for election officials, necessary election arrangements and a runoff election (if
applicable).
SECTION 6
That the Town Secretary shall have the authority to approve any minor modifications as
may be necessary in the best interests of the Town and within the regulations of the Texas
Election Code. The early voting mail clerk for Collin County is: Bruce Sherbet, Early Voting Clerk,
Collin County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069
(election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips,
Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202
(elections@dentoncountx.gov).
SECTION 7
The Town Secretary is hereby authorized and directed to publish and/or post, in the time
and manner prescribed by law, all notices required to be so published and/or posted in connection
with the conduct of this General Election. The General Election, including providing notice of the
General Election, shall be conducted in accordance with the Texas Election Code and other
applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote
at the General Election.
SECTION 8
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and
conducting the General Election, whether or not expressly authorized herein.
Page 15
Item 3.
Ordinance No. 2023-XX, Page 3
SECTION 9
That the provisions of this ordinance are severable, so that the invalidity of one or more
provisions shall not affect the validity of those valid portions.
SECTION 10
This ordinance and order for a General Election shall be effective from and after the
passage of this ordinance.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ON THIS THE 14TH DAY OF
FEBRUARY 2023.
APPROVED:
______________________________
David F. Bristol, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 16
Item 3.
PUEBLO DE PROSPER, TEXAS ORDENANZA NO. 2023-XX
UNA ORDENANZA DEL CONCEJO MUNICIPAL DEL PUEBLO DE PROSPER,
TEXAS, QUE ORDENA QUE SE CELEBREN ELECCIONES GENERALES EL 6
DE MAYO DE 2023 EN EL PUEBLO DE PROSPER CON EL FIN DE ELEGIR
CONCEJAL LUGAR 3 Y CONCEJAL LUGAR 5; DESIGNACIÓN DE LA
UBICACIÓN DE LOS LUGARES DE VOTACIÓN; ORDENAR QUE SE
ENTREGUEN NOTIFICACIONES DE ELECCIÓN SEGÚN LO PRESCRIBE LA
LEY EN RELACIÓN CON DICHA ELECCIÓN; AUTORIZANDO LA EJECUCIÓN
DE CONTRACTOS DE ELECCIÓN CONJUNTA CON LOS CONDADOS DE
COLLIN Y DENTON; PROPORCIONAR UNA CLÁUSULA DE DIVISIBILIDAD;
Y PROPORCIONAR UNA FECHA EFECTIVA.
AHORA, POR LO TANTO, EL CONCEJO DEL PUEBLO DEL PUEBLO DE PROSPER,
TEXAS, ORDENA QUE:
SECCIÓN 1
Por la presente se ordena una Elección General para el Pueblo de Prosper, Texas
("Prosper"), que se llevará a cabo conjuntamente el sábado 6 de mayo de 2023, con el fin de
elegir un miembro del Consejo del Lugar 3 y un miembro del Consejo del Lugar 5. El candidato
para cada cargo, que reciba la mayoría de los votos emitidos para todos los candidatos a un
cargo, será elegido para servir dicho término.
SECCIÓN 2
El nombre de ninguna persona se colocará en la boleta electoral como candidato a alcalde
o concejal a menos que dicha persona haya presentado su solicitud jurada según lo dispuesto
por la Sección 141.03 del Código Electoral de Texas, con el Secretario del Pueblo en el
Ayuntamiento de Prosper, ubicado en 250 W. First Street, Prosper, Texas 75078, a más tardar a
las 5:00 p. m., el día 17 de febrero de 2023. El Secretario del Pueblo anotará en el anverso de
cada solicitud la fecha de presentación. Dicha solicitud incluirá el cargo al que aspira el candidato.
SECCIÓN 3
Los votantes calificados de los siguientes precintos electorales emitirán sus votos para la
Elección General en los lugares de votación establecidos y designados hasta ahora para el Día
de la Elección, de la siguiente manera:
Recintos de la Ciudad Colegio Electoral
178, 199, 214, 224, 239 Prosper Town Hall Community Room
(Condado de Collin) 250 W. First Street
Prosper, TX 75078
1016, 1017, 9102 Prosper Fire Station 2 Training Room
(Condado de Denton) 1140 S. Teel Parkway
Prosper, TX 75078
Las urnas de las Elecciones Generales estarán abiertas desde las 7:00 a.m. hasta las
7:00 p.m., en la fecha de las Elecciones Generales, sábado 6 de mayo de 2023.
Page 17
Item 3.
Ordenanza No. 2023-XX, Página 2
SECCIÓN 4
La votación anticipada en persona para los residentes del condado de Denton estará
disponible en Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas,
75078 desde el lunes 24 de abril de 2023 hasta el sábado 29 de abril de 2023 a partir de las 8:00
a.m. – 5:00 p.m.; domingo 29 de abril de 2023, de 11:00 a.m. a 5:00 p.m.; y del lunes 1 de mayo
de 2023 al martes 2 de mayo de 2023 de 7:00 a.m. a 7:00 p.m.
La votación anticipada en persona para los residentes del condado de Collin estará
disponible en Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078,
desde el lunes 24 de abril de 2023 hasta el viernes 28 de abril de 2023 de 8:00 a.m. – 5:00 p.m.;
sábado 29 de abril de 2023, de 8:00 a. m. a 5:00 p.m.; y del lunes 1 de mayo de 2023 al martes
2 de mayo de 2023 de 7:00 a.m. a 7:00 p.m.
Los votantes calificados pueden votar en cualquiera de los lugares de Votación
Anticipada adicionales abiertos bajo servicios de contrato completo con el Administrador de
Elecciones del Condado de Collin o el Administrador de Elecciones del Condado de Denton.
Esta oración anterior también se publicará en el Aviso de Elección.
SECCIÓN 5
Que el Administrador del Pueblo y el Secretario del Pueblo están autorizados a ejecutar
un contracto para una Elección con el Departamento de Elecciones del Condado de Denton, el
Departamento de Elecciones del Condado de Collin, el distrito escolar independiente de
Prosper y otras entidades que proporcionarán todos los nombramientos para las elecciones, la
votación anticipada por correo, el lugar de votación designado ( s) y el horario de
funcionamiento, los pagos de los funcionarios electorales, los arreglos electorales necesarios y
una segunda vuelta electoral (si es aplicable).
SECCIÓN 6
Que el Secretario del Pueblo tendrá la autoridad para aprobar cualquier modificación
menor que sea necesaria en el mejor interés del Pueblo y dentro de los reglamentos del Código
Electoral de Texas. El empleado de correo de votación anticipada del condado de Collin es: Bruce
Sherbet, empleado de votación anticipada, Departamento de Elecciones del condado de Collin,
2010 Redbud Blvd, Suite 102, McKinney, Texas 75069 (election@collincountytx.gov), y el
empleado de votación anticipada del condado de Denton es Frank Phillips, secretario de votación
anticipada, elecciones del condado de Denton, PO Box 1720, Denton, Texas 76202
(elections@dentoncountx.gov).
SECCIÓN 7
Por la presente, se autoriza y ordena al Secretario del Pueblo que publique y/o publique,
en el tiempo y la forma prescritos por la ley, todos los avisos que se requiera que se publiquen
y/o publiquen en relación con la realización de esta Elección General. La Elección General,
incluida la notificación de la Elección General, se llevará a cabo de conformidad con el Código
Electoral de Texas y otras leyes aplicables, y todos los votantes calificados y registrados
residentes del Pueblo serán elegibles para votar en la Elección General.
SECCIÓN 8
El alcalde y el secretario del pueblo del pueblo, en consulta con el abogado del pueblo,
están autorizados y ordenados a tomar todas las medidas necesarias para cumplir con las
Page 18
Item 3.
Ordenanza No. 2023-XX, Página 3
disposiciones del Código Electoral de Texas y cualquier otra ley estatal o federal al llevar a cabo
y llevar a cabo la Elección General, esté o no expresamente autorizado en este documento.
SECCIÓN 9
Que las disposiciones de esta ordenanza son separables, de manera que la invalidez de
una o más disposiciones no afectará la validez de aquellas porciones válidas.
SECCIÓN 10
Esta ordenanza y la orden para una Elección General entrarán en vigencia a partir de la
aprobación de esta ordenanza.
DEBIDAMENTE APROBADO Y APROBADO POR EL CONCEJO DEL PUEBLO DE
LOS CONDADOS DE PROSPER, COLLIN Y DENTON, TEXAS, EL DÍA 14 DE FEBRERO DE
2023.
AP ROBADO:
______________________________
David F. Bristol, Alcalde
DOY FE:
_______________________________________
Michelle Lewis Sirianni, Secretario del Pueblo
APROBADO EN FORMA Y LEGALIDAD:
__________________________________
Terrence S. Welch, Abogado del Pueblo
Page 19
Item 3.
1
JOINT ELECTION SERVICES CONTRACT
(“Election Services Contract”)
ELECTION SERVICES AGREEMENT
BETWEEN
THE COLLIN COUNTY ELECTIONS ADMINISTRATOR
(“Contracting Election Officer”)
AND THE POLITICAL SUBDIVISIONS LISTED BELOW
(“Participating Political Subdivisions”)
CITY OF ALLEN
CITY OF ANNA
CITY OF BLUE RIDGE
CITY OF CARROLLTON
CITY OF CELINA
CITY OF DALLAS
TOWN OF FAIRVIEW
CITY OF FARMERSVILLE
CITY OF FRISCO
CITY OF LUCAS
CITY OF McKINNEY
CITY OF MURPHY
TOWN OF NEW HOPE
CITY OF PARKER
CITY OF PLANO
TOWN OF PROSPER
CITY OF RICHARDSON
CITY OF SACHSE
TOWN OF ST. PAUL
CITY OF WYLIE
COLLIN COLLEGE
ALLEN INDEPENDENT SCHOOL DISTRICT
ANNA INDEPENDENT SCHOOL DISTRICT
CELINA INDEPENDENT SCHOOL DISTRICT
COMMUNITY INDEPENDENT SCHOOL DISTRICT
FARMERSVILLE INDEPENDENT SCHOOL DISTRICT
FRISCO INDEPENDENT SCHOOL DISTRICT
LOVEJOY INDEPENDENT SCHOOL DISTRICT
McKINNEY INDEPENDENT SCHOOL DISTRICT
MELISSA INDEPENDENT SCHOOL DISTRICT
PLANO INDEPENDENT SCHOOL DISTRICT
PRINCETON INDEPENDENT SCHOOL DISTRICT
PROSPER INDEPENDENT SCHOOL DISTRICT
NORTH PARKWAY MUNICIPAL MANAGEMENT DISTRICT NO. 1
BEAR CREEK SPECIAL UTILITY DISTRICT
Page 20
Item 3.
2
COPEVILLE SPECIAL UTILITY DISTRICT
SEIS LAGOS SPECIAL UTILITY DISTRICT
WESTMINISTER SPECIAL UTILITY DISTRICT
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD ON SATURDAY, MAY 6, 2023
TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR
Page 21
Item 3.
3
1. ADMINISTRATION AND STATUTORY AUTHORITY
a. Bruce Sherbet (“Bruce Sherbet”) is the duly appointed County Elections Administrator (“Elections
Administrator”) of Collin County, Texas and the Department Head of the Collin County Elections
Department. As such, Mr. Sherbet is the Election Administrator of Collin County, Texas and authorized
by Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this Election Services
Contract with the contracting authority of the Participating Political Subdivisions.
b. The contracting authorities of the Participating Political Subdivisions listed on the cover pages of this
Election Services Contract is hereby participating in the Joint Election to be held in Collin County, Texas
on Saturday, May 6, 2023, and is hereby contracting with the Elections Administrator of Collin County,
Texas to perform the election services set forth in this Election Services Contract under Subchapter D of
Chapter 31 of Title 3 of the Texas Election Code.
2. DUTIES AND SERVICES OF THE CONTRACTING ELECTION OFFICER
a. The Contracting Election Officer shall be responsible for performing the following duties and shall
furnish the following services and equipment:
i. The Contracting Election Officer will prepare and publish the required Notice of Election and
post the required orders and resolutions to the Collin County Elections Department website.
ii. The Contracting Election Officer shall arrange for appointment, notification (including writ of
election), training and compensation of all presiding judges, alternate judges, the judge of the
Central Count Station and judge of the Early Voting Ballot Board.
iii. The Contracting Election Officer shall be responsible for notification of each Election Day and
Early Voting presiding judge and alternate judge of his or her appointment. The presiding
election judge of each Vote Center will use his/her discretion to determine when additional
workers are needed, during peak voting hours.
iv. The Contracting Election Officer will determine the number of clerks to work in the Central
Count Station and the number of clerks to work on the Ballot Board.
1. Election judges shall attend the Contracting Election Officer’s school of instruction
(Election Law Class). A training event calendar will be provided.
2. Election judges and alternate judges shall be responsible for picking up and returning
election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite
102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00.
v. The Contracting Election Officer shall compensate each election judge and worker. Each judge
shall receive $15.00 per hour, each alternate judge shall receive $14.00 per hour for, and each
clerk shall receive $13.00 per hour for services rendered. Overtime will be paid to each person
working over 40 hours per week.
b. The Contracting Election Officer shall procure, prepare, and distribute voting machines, election kits and
election supplies.
i. The Contracting Election Officer shall secure election kits, which include the legal
documentation required to hold an election and all supplies.
ii. The Contracting Election Officer shall secure the tables, chairs, and legal documentation
required to run the Central Count Station.
iii. The Contracting Election Officer shall provide all lists of registered voters required for use on
Election Day and for the Early Voting period required by law.
Page 22
Item 3.
4
iv. The Contracting Election Officer shall procure and arrange for the distribution of all election
equipment and supplies required to hold an election.
1. Equipment includes the rental of ES&S ExpressVote Universal voting machines (EVS
6.1.1.0), ES&S ExpressTouch curbside voting machines (EVS 6.1.1.0), ES&S DS200 ballot
counters (EVS 6.1.1.0), ES&S Model DS450 and DS850 High-Speed Scanners/Tabulators
(EVS 6.1.1.0), ADA compliant headphones and keypads, voting signs and election supply
cabinets.
2. Supplies include paper ballot cards, Early Voting and Election Day supply kits, provisional
ballot kits, security seals, pens, tape, markers, etc.
c. The Contracting Election Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk.
i. The Contracting Election Officer shall supervise and conduct Early Voting by mail and in person
and shall secure personnel to serve as Early Voting Deputies.
ii. The Contracting Election Officer shall select the Early Voting Polling Locations and arrange for
the use of each.
iii. Early Voting by personal appearance for the Participating Political Subdivisions shall be
conducted during the early voting dates and times and at the locations listed in Exhibit “A”
attached and incorporated by reference into this Election Services Contract.
iv. All applications for an Early Voting mail ballot shall be received and processed by the Collin
County Elections Administration Office located at 2010 Redbud Blvd., Suite 102, McKinney,
Texas 75069.
1. Applications for mail ballots erroneously mailed to the Participating Political
Subdivisions shall immediately be faxed to the Contracting Officer for timely processing.
The original application shall then be forwarded to the Contracting Election Officer for
proper retention.
2. All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage is
required.
v. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be
prepared for counting by the Early Voting Ballot Board in accordance with Section 87.000 of the
Texas Election Code. The Contracting Officer shall appoint the presiding judge of this Board.
d. The Contracting Election Officer shall select the Election Day Vote Centers and arrange for the use of
each.
i. The Participating Political Subdivisions shall assume the responsibility of remitting their portion
of cost of all employee services required to provide access, provide security or provide custodial
services for the Vote Centers.
ii. The Election Day Vote Centers are listed in Exhibit “B”, attached and incorporated by reference
into this Election Services Contract.
e. The Contracting Election Officer shall be responsible for establishing and operating the Central Count
Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election
Code and of this agreement. The Central Count Station Manager shall be Bruce Sherbet. The Central
Count Station Judge shall be Kathi-Ann Rivard. The Tabulation Supervisor shall be Brian Greisbach.
i. The Tabulation Supervisor shall prepare, test and run the County’s tabulation system in
accordance with statutory requirements and county policies, under the auspices of the
Contracting Election Officer.
ii. The Public Logic and Accuracy Test of the electronic voting system shall be conducted in
accordance with Election Law. The Contracting Election Officer will post the required Notice of
Logic and Accuracy testing.
Page 23
Item 3.
5
iii. Election night reports will be available to the Participating Political Subdivisions at the Central
Counting Station on election night. Provisional ballots will be tabulated after election night in
accordance with state law.
iv. The Contracting Election Officer shall prepare the unofficial canvass report after all precincts
have been counted, and will provide canvassing documents to the Participating Political
Subdivisions as soon as possible after all returns have been tallied.
v. The Contracting Election Officer shall be appointed as the custodian of the voted ballots and
shall retain all election materials for a period of 22 months.
1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22
months after the election.
f. The Contracting Election Officer shall conduct a partial manual count as prescribed by Section 127.201
of the Texas Election Code and submit a written report to the Participating Political Subdivisions in a
timely manner. If applicable, a written report shall be submitted to the Secretary of State as required by
Section 127.201 of the aforementioned code.
3. DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISIONS
a. The Participating Political Subdivisions shall assume the following duties:
i. The Participating Political Subdivisions will prepare, adopt, and publish all legally required
election orders, resolutions, and other documents required by, or of, their governing bodies.
The Participating Political Subdivisions are required to send Collin County Elections Department
a copy of any election order or resolution related to this Joint Election within three business
days of publishing, adopting or ordering it.
ii. The Participating Political Subdivisions shall provide the Contracting Election Officer with an
updated map and street index of their jurisdiction in an electronic (shape file preferred) or
printed format as soon as possible but no later than Monday, February 27, 2023.
iii. The Participating Political Subdivisions shall procure and provide the Contracting Election Officer
with the ballot layout and Spanish interpretation in an electronic format.
1. The Participating Political Subdivisions shall deliver to the Contracting Election Officer as
soon as possible, but no later than 5:00 p.m. Monday, February 27, 2023, the official
wording for the Participating Political Subdivisions’ May 6, 2023 Joint Election.
2. The Participating Political Subdivisions shall approve the ballot proofs format within 24
hours of receiving the ballot proof and prior to the final printing.
a. If the Participating Political Subdivisions fail to approve the ballot proofs within
24 hours of receiving the proofs, the Contracting Election Officer will presume
that the ballot proofs have been approved by the Participating Political
Subdivisions. Any costs incurred by making any changes to the ballot (designing,
printing, programming, etc.) from this point forward will be the responsibility of
the Participating Political Subdivisions.
iv. The Participating Political Subdivisions shall compensate the Contracting Election Officer for all
associated costs including any additional verified cost incurred in the process of running this
election or for a manual count, this election may require, consistent with charges and hourly
rates shown on Exhibit “C” for required services.
b. The Participating Political Subdivisions shall pay the Contracting Election Officer 90% of the estimated
cost to run the said election prior to Friday, March 31, 2023. The Contracting Election Officer shall place
the funds in a “contract fund” as prescribed by Section 31.100 of the Texas Election Code. The deposit
should be made payable to the “Collin County Treasury” with a note “for election services” included
with the check documentation and delivered to the Collin County Treasury, 2300 Bloomdale Rd., #3138,
McKinney, Texas 75071.
Page 24
Item 3.
6
c. The Participating Political Subdivisions shall pay the cost of conducting said election, less partial
payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100,
within 30 days from the date of final billing. Additionally, all payments in excess of the final cost to
perform the election will be refunded to the participating Political Subdivisions.
4. COST OF SERVICES.
a. See Exhibit “C”.
5. GENERAL PROVISIONS
a. Nothing contained in this Election Services Contract shall authorize or permit a change in the officer with
whom or the place at which any document or record relating to the Participating Political Subdivisions’
May 6, 2023 Joint Election are to be filed, or the place at which any function is to be carried out, or any
nontransferable functions specified under Section 31.096 of the Texas Election Code.
b. Upon request, the Contracting Election Officer will provide copies of all invoices and other charges
received in the process of running said election for the Participating Political Subdivisions.
c. If the Participating Political Subdivisions cancel their elections pursuant to Section 2.053 of the Texas
Election Code shall pay the Contracting Officer a contract preparation fee of $75.00 and will not be liable
for any further costs incurred by the Contracting Officer.
d. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of
Collin County, Texas.
Page 25
Item 3.
WITNESS BY MY HAND THIS ____DAY OF __________________2023.
________________________________
Bruce Sherbet, Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS ____ DAY OF __________________ 2023
By: _____________________________ Attest: _______________________________
Michelle Lewis Sirianni, Town Secretary Robert B. Scott, Interim Town Manager
Town of Prosper Town of Prosper
Page 26
Item 3.
Revised February 6, 2023 1 | Page
Exhibit A (Anexo A) Collin County (Condado de Collin)
May 6, 2023 Joint General and Special Election - Early Voting Locations, Dates and Hours
(6 de mayo de 2023 Elección general y especial conjunta - Lugares de Votación Temprana, Fechas y Horas)
Important Note: Eligible Collin County registered voters (with an effective date of registration on or before May 6, 2023)
may vote at any early voting location.
(Nota importante: Los votantes registrados elegibles del Condado de Collin (con una fecha efectiva de registro en o antes del
6 de mayo de 2023 pueden votar en cualquier lugar de votación anticipada.)
Sunday
(Domingo)
Monday
(Lunes)
Tuesday
(Martes)
Wednesday
(Miércoles)
Thursday
(Jueves)
Friday
(Viernes)
Saturday
(Sábado)
April 23
No Voting
(23 de abril)
(Sin votar)
April 24
Early Voting
(24 de abril)
(Votación
adelantada)
8am - 5pm
April 25
Early Voting
(25 de abril)
(Votación
adelantada)
8am - 5pm
April 26
Early Voting
(26 de abril)
(Votación
adelantada)
8am - 5pm
April 27
Early Voting
(27 de abril)
(Votación
adelantada)
8am - 5pm
April 28
Early Voting
(28 de abril)
(Votación
adelantada)
8am - 5pm
April 29
Early Voting
(29 de abril)
(Votación
adelantada)
8am - 5pm
April 30
No Voting
(30 de abril)
(Sin votar)
May 1
Early Voting
(1 de mayo)
(Votación
adelantada)
7am - 7pm
May 2
Early Voting
(2 de mayo)
(Votación
adelantada)
7am - 7pm
May 3
No Voting
(3 de mayo)
(Sin votar)
May 4
No Voting
(4 de mayo)
(Sin votar)
May 5
No Voting
(5 de mayo)
(Sin votar)
May 6
Election Day
(6 de mayo)
(Día de
elección)
7am - 7pm
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Collin County Elections
(Main Early Voting Location) Voting Room 2010 Redbud Blvd., Suite 102 McKinney 75069
Allen ISD Service Center Main Lobby 1451 N. Watters Rd. Allen 75002
Allen Municipal Courts Facility Community Room 301 Century Pkwy. Allen 75013
Anna Municipal Complex Lobby 120 W. 7th St. Anna 75409
Blue Ridge ISD Administration Building Board of Trustees
Board Room 318 School St. Blue Ridge 75424
Carpenter Park Recreation Center South Lobby 6701 Coit Rd. Plano 75024
Children’s Health StarCenter Activity Room 6993 Stars Ave. McKinney 75070
Christopher A. Parr Library Programs Room 6200 Windhaven Pkwy. Plano 75093
Collin College Celina Campus Atrium 2505 Kinship Pkwy. Celina 75009
Collin College Farmersville Campus Atrium 501 S. Collin Pkwy. Farmersville 75442
Collin College Frisco Campus Building J, Room 113 9700 Wade Blvd. Frisco 75035
Page 27
Item 3.
Revised February 6, 2023 2 | Page
Collin College Higher Education Center Atrium 3452 Spur 399 McKinney 75069
Collin College McKinney Campus Atrium, Hallway D 2200 University Dr. McKinney 75071
Collin College Plano Campus Atrium D Square 2800 Spring Creek Pkwy. Plano 75074
Collin College Wylie Campus Lobby 391 Country Club Rd. Wylie 75098
Copeville Special Utility District Conference Room 16120 FM 1778 Nevada 75173
Dowell Middle School Library (D100) 301 S. Ridge Rd. McKinney 75072
Evans Middle School Library (A114) 6998 W. Eldorado Pkwy. McKinney 75072
Farmersville City Hall Council Chambers 205 S. Main St. Farmersville 75442
Frisco Fire Station #5 Training Room 14300 Eldorado Pkwy. Frisco 75035
Frisco Fire Station #8 Training Room 14700 Rolater Rd. Frisco 75034
Haggard Library Programs Room 2501 Coit Rd. Plano 75075
Harrington Library Thelma Rice Sproles
Program Room 1501 18th St. Plano 75074
John & Judy Gay Library Meeting Room 6861 W. Eldorado Pkwy. McKinney 75070
Lavon City Hall Gymnasium 120 School Rd. Lavon 75166
Lovejoy ISD Administration Building Portable #1 Training
Room 259 Country Club Rd. Allen 75002
Lucas Community Center Community Room 665 Country Club Rd. Lucas 75002
Maribelle M. Davis Library Programs Room 7501 Independence Pkwy. A Plano 75025
McKinney Fire Station #5 Community Room 6600 Virginia Pkwy. McKinney 75071
McKinney Fire Station #7 Community Room 861 Independence Pkwy. McKinney 75072
McKinney Fire Station #9 Community Room 4900 Summit View Dr. McKinney 75071
McKinney Fire Station #10 Community Room 1150 Olympic Crossing McKinney 75071
McKinney High School PAC Lobby 1400 E. Wilson Creek Pkwy. McKinney 75069
McKinney North High School Auditorium Lobby 2550 Wilmeth Rd. McKinney 75071
Melissa City Hall Municipal Court Room,
1st Floor 3411 Barker Ave. Melissa 75454
Michael J. Felix Community Center Rooms A and B 3815 E. Sachse Rd. Sachse 74048
Page 28
Item 3.
Revised February 6, 2023 3 | Page
Murphy Community Center Homer and Marie
Adams Rooms 205 N. Murphy Rd. Murphy 75094
New Hope Town Hall Council Chambers 121 Rockcrest Rd. McKinney 75071
Old Settler’s Recreation Center North Multi-Purpose
Room 1201 E. Louisiana St. McKinney 75069
Parker City Hall Council Chambers 5700 E. Parker Rd. Parker 75002
Plano ISD Administration Center Lobby 2700 W. 15th St. Plano 75075
Princeton Community Center Community Room 416 N. 4th St. Princeton 75407
Prosper Town Hall Community Room 250 W. First St. Prosper 75078
Renner Frankford Branch Library Programs Room 6400 Frankford Rd. Dallas 75252
Richardson Public Library Story Time Room 900 Civic Center Dr. Richardson 75080
Roy & Helen Hall Memorial Library Lobby 101 E. Hunt St. McKinney 75069
Terry Pope Administration Building Community ISD Board
Room 611 N. FM 1138 Nevada 75173
The Grove at Frisco Commons Community Room 8300 McKinney Rd. Frisco 75034
Wylie Senior Recreation Center Dining Room 800 Thomas St. Wylie 75098
*Polling locations are subject to change. For the most current list of locations, please visit the Elections webpage at
www.collincountytx.gov/elections.
(*Los lugares de votación están sujetos a cambios. Para obtener la lista más actualizada de ubicaciones, visite la página web
de Elecciones en www.collincountytx.gov/elections.)
Applications for ballot by mail may be mailed and must be received no later than the close of business on April 25, 2023,
to:
(Las solicitudes de boleta por correo pueden enviarse por correo y deben recibirse a más tardar el 25 de abril de 2023 para:)
Bruce Sherbet, Early Voting Clerk
2010 Redbud Blvd. Suite 102
McKinney, Texas 75069
972-547-1900
www.collincountytx.gov
Page 29
Item 3.
Revised February 6, 2023 4 | Page
Applications for ballot by mail may also be faxed or emailed and must be received no later than the close of business on
April 25, 2023. For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission
to be effective, the hard copy of the application must also be submitted by mail and be received by the early voting clerk
not later than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission
is received. (Texas Election Code 84.007)
(Las solicitudes de boleta por correo también pueden enviarse por fax o correo electrónico y deben recibirse antes del cierre
de operaciones el 25 de abril de 2023. Para que una solicitud de boleta por correo enviada por máquina de fax o transmisión
electrónica sea efectiva, la copia impresa de la solicitud también debe presentarse por correo y ser recibida por el secretario
de votación anticipada a más tardar el cuarto día hábil posterior a la recepción de la transmisión por fax o máquina
electrónica de fax. (Código Electoral de Texas 84.007,).)
Fax – 972-547-1996, Email - absenteemailballoting@collincountytx.gov
Page 30
Item 3.
Revised February 6, 2023 1 | Page
Exhibit B (Anexo B) Collin County (Condado de Collin)
Election Day Vote Centers for the May 6, 2023 Joint General and Special Election – 7 am - 7 pm*
(Centros de votación del día de las elecciones para las Elecciones Generales y Especiales Conjuntas
del 6 de mayo de 2023 – 7 am – 7pm*)
Important Note: Eligible Collin County registered voters (with an effective date of registration on or before May 6, 2023) may
vote at any early voting location.
(Nota importante: Los votantes registrados elegibles del Condado de Collin (con una fecha efectiva de registro en o antes del 6
de mayo de 2023 pueden votar en cualquier lugar de votación anticipada.)
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Aldridge Elementary School Gym 720 Pleasant Valley Ln. Richardson 75080
Allen ISD Service Center Main Lobby 1451 N. Watters Rd. Allen 75002
Allen Municipal Courts Facility Community Room 301 Century Pkwy. Allen 75013
Anna Municipal Complex Lobby 120 W. 7th St. Anna 75409
Armstrong Middle School Small Gym 3805 Timberline Dr. Plano 75074
Bethany Elementary School Gym 2418 Micarta Dr. Plano 75025
Blue Ridge ISD Administration Building Board of Trustees
Board Room 318 School St. Blue Ridge 75424
Bowman Middle School Cafeteria Foyer in
Corridor H 2501 Jupiter Rd. Plano 75074
Carpenter Middle School Small Gym 3905 Rainier Rd. Plano 75023
Children’s Health StarCenter Activity Room 6993 Stars Ave. McKinney 75070
Christopher A. Parr Library Programs Room 6200 Windhaven Pkwy. Plano 75093
Collin College Celina Campus Atrium 2505 Kinship Pkwy. Celina 75009
Collin College Farmersville Campus Atrium 501 S. Collin Pkwy. Farmersville 75442
Collin College Frisco Campus Building J, Room 113 9700 Wade Blvd. Frisco 75035
Collin College Higher Education Center Atrium 3452 Spur 399 McKinney 75069
Collin College McKinney Campus Atrium, Hallway D 2200 University Dr. McKinney 75071
Collin College Plano Campus Atrium D Square 2800 Spring Creek Pkwy. Plano 75074
Collin College Wylie Campus Lobby 391 Country Club Rd. Wylie 75098
Collin County Elections Voting Room 2010 Redbud Blvd., Suite 102 McKinney 75069
Copeville Special Utility District Conference Room 16120 FM 1778 Nevada 75173
Page 31
Item 3.
Revised February 6, 2023 2 | Page
Dowell Middle School Library (D100) 301 S. Ridge Rd. McKinney 75072
Evans Middle School Library (A114) 6998 W. Eldorado Pkwy. McKinney 75072
Fairview Town Hall Council Chambers 372 Town Pl. Fairview 75069
Farmersville City Hall Council Chambers 205 S. Main St. Farmersville 75442
Frisco Fire Station #5 Training Room 14300 Eldorado Pkwy. Frisco 75035
Frisco Fire Station #8 Training Room 14700 Rolater Rd. Frisco 75034
Haggard Middle School Main Entry Vestibule 2832 Parkhaven Dr. Plano 75075
Hendrick Middle School Front Foyer 7400 Red River Dr. Plano 75025
Huffman Elementary School 5510 Channel Isle Dr. Plano 75093
John & Judy Gay Library Meeting Room 6861 W. Eldorado Pkwy. McKinney 75070
Lavon City Hall Gymnasium 120 School Rd. Lavon 75166
Lovejoy ISD Administration Building Portable #1 Training
Room 259 Country Club Rd. Allen 75002
Lucas Community Center Community Room 665 Country Club Rd. Lucas 75002
McKinney Fire Station #5 Community Room 6600 Virginia Pkwy. McKinney 75071
McKinney Fire Station #7 Community Room 861 Independence Pkwy. McKinney 75072
McKinney Fire Station #9 Community Room 4900 Summit View Dr. McKinney 75071
McKinney Fire Station #10 Community Room 1150 Olympic Crossing McKinney 75071
McKinney High School PAC Lobby 1400 E. Wilson Creek Pkwy. McKinney 75069
McKinney North High School Auditorium Lobby 2550 Wilmeth Rd. McKinney 75071
Melissa City Hall Municipal Court Room,
1st Floor 3411 Barker Ave. Melissa 75454
Michael J. Felix Community Center Rooms A and B 3815 E. Sachse Rd. Sachse 74048
Miller Elementary School Gym 5651 Coventry Dr. Richardson 75082
Murphy Community Center Homer and Marie
Adams Rooms 205 N. Murphy Rd. Murphy 75094
New Hope Town Hall Council Chambers 121 Rockcrest Rd. McKinney 75071
Old Settler’s Recreation Center North Multi-Purpose
Room 1201 E. Louisiana St. McKinney 75069
Parker City Hall Council Chambers 5700 E. Parker Rd. Parker 75002
Page 32
Item 3.
Revised February 6, 2023 3 | Page
Princeton Community Center Community Room 416 N. 4th St. Princeton 75407
Prosper Town Hall Community Room 250 W. First St. Prosper 75078
Renner Frankford Branch Library Programs Room 6400 Frankford Rd. Dallas 75252
Richardson Public Library Story Time Room 900 Civic Center Dr. Richardson 75080
Robinson Middle School Gym 6701 Preston Meadow Dr. Plano 75024
Rose Haggar Elementary School Gym 17820 Campbell Rd. Dallas 75252
Schimelpfenig Middle School Front Foyer 2400 Maumelle Dr. Plano 75023
Senior Recreation Center Meeting Room 1400 S. College St. McKinney 75069
Terry Pope Administration Building Community ISD Board
Room 611 N. FM 1138 Nevada 75173
The Grove at Frisco Commons Community Room 8300 McKinney Rd. Frisco 75034
Tom Muehlenbeck Recreation Center Meeting Room A 5801 W. Parker Rd. Plano 75093
Wilson Middle School F113 1001 Custer Rd. Plano 75075
Wylie Senior Recreation Center Dining Room 800 Thomas St. Wylie 75098
*Polling locations are subject to change. For the most current list of locations, please visit the Elections webpage at
www.collincountytx.gov/elections.
(*Los lugares de votación están sujetos a cambios. Para obtener la lista más actualizada de ubicaciones, visite la página web de
Elecciones en www.collincountytx.gov/elections.)
Applications for ballot by mail may be mailed and must be received no later than the close of business on April 25, 2023, to:
(Las solicitudes de boleta por correo pueden enviarse por correo y deben recibirse a más tardar el 25 de abril de 2023 para:)
Bruce Sherbet, Early Voting Clerk
2010 Redbud Blvd. Suite 102
McKinney, Texas 75069
972-547-1900
www.collincountytx.gov
Applications for ballot by mail may also be faxed or emailed and must be received no later than the close of business on April
25, 2023. For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission to be
effective, the hard copy of the application must also be submitted by mail and be received by the early voting clerk not later
than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission is received.
(Texas Election Code 84.007)
(Las solicitudes de boleta por correo también pueden enviarse por fax o correo electrónico y deben recibirse antes del cierre de
operaciones el 25 de abril de 2023. Para que una solicitud de boleta por correo enviada por máquina de fax o transmisión
electrónica sea efectiva, la copia impresa de la solicitud también debe presentarse por correo y ser recibida por el secretario de
votación anticipada a más tardar el cuarto día hábil posterior a la recepción de la transmisión por fax o máquina electrónica de
fax. (Código Electoral de Texas 84.007,).)
Fax – 972-547-1996, Email - absenteemailballoting@collincountytx.gov
Page 33
Item 3.
Exhibit "C"
Collin County Election Services
May 6, 2023 Joint Election
Town of Prosper
Registered Voters 17,828
Percentage 0.9234172%
Category Cost Per Unit
Estimated
Election
Expenses
Estimated
Entity
Expenses
Early Voting by Mail
Kits - Mail Ballots 1.15$ 4,830.00$ 44.60$
Postage 0.88$ 3,696.00$ 34.13$
Paper Ballot Printing Services 0.31$ -$ -$
Paper Ballot Shipping (per box) 30.00$ -$ -$
Ballot Stock - BOD 0.10$ 420.00$ 3.88$
Category Subtotal 8,946.00$ 82.61$
General Election Expenses
Mileage Per Election 500.00$ 4.62$
Van / Car Rental Per Election 28,800.00$ 265.94$
Election Night Receiving Cover Per Election 3,037.51$ 28.05$
Polling Place Rental Per Election 8,050.00$ 74.34$
Notice of Election Per Election 9,700.00$ 89.57$
Security - EV Per Election 1,700.00$ 15.70$
Security - ED Per Election 5,000.00$ 46.17$
Early Voting Ballot Board Per Election 12,383.00$ 114.35$
FICA - Election Workers Per Election 53,195.35$ 491.21$
County Employee/IT Overtime - EV Per Election 20,800.00$ 192.07$
Process Pollworker Checks - EV 1.50$ 735.00$ 6.79$
Process Pollworker Checks - ED 1.50$ 885.00$ 8.17$
Drayage Per Location - ED 180.00$ 21,240.00$ 196.13$
Drayage Per Location - EV 180.00$ 17,640.00$ 162.89$
Category Subtotal 183,665.86$ 1,696.00$
Programming
Coding Servies 25 Days 41,250.00$ 380.91$
Balotar Programming Per Election 1,200.00$ 11.08$
Category Subtotal 42,450.00$ 391.99$
Early Voting by Personal Appearance
Election Judge OT - EV 22.50$ 33,075.00$ 305.42$
Alternate Judge OT - EV 21.00$ 30,870.00$ 285.06$
Clerk OT - EV (5 per location) 19.50$ 171,990.00$ 1,588.19$
ES&S Support Staff / Field Techs - EV 40 Days 110,160.00$ 1,017.24$
Equipment Assembly - EV 50.00$ 2,450.00$ 22.62$
Category Subtotal 348,545.00$ 3,218.52$
Election Day and Tabulation
Election Day/Post Election Vendor Support 15 Days 43,200.00$ 398.92$
Notice of Inspection/Tabulation Test Per Election 1,500.00$ 13.85$
Category Subtotal 44,700.00$ 412.77$
Supply Cost
Ballots - Card Stock ExpressVote - EV 0.32$ 25,600.00$ 236.39$
Ballots - Card Stock ExpressVote - ED 0.32$ 12,800.00$ 118.20$
Test Ballots 0.29$ 1,102.00$ 10.18$
Kits - ED 51.00$ 2,499.00$ 23.08$
Page 34
Item 3.
Town of Prosper
Registered Voters 17,828
Percentage 0.9234172%
Category Cost Per Unit
Estimated
Election
Expenses
Estimated
Entity
Expenses
Kits - EV 19.00$ 1,121.00$ 10.35$
Kits - Provisional EV 38.10$ 1,866.90$ 17.24$
Kits - Provisional ED 38.10$ 2,247.90$ 20.76$
Polling Place Maps - EV 25.00$ 1,225.00$ 11.31$
Polling Place Maps - ED 25.00$ 1,475.00$ 13.62$
Signs Metal (5 per location) 5.00$ 2,700.00$ 24.93$
Signs Wood 2.00$ 216.00$ 1.99$
Ballot Card Stock - Provisional - EV (50 PL) 0.14$ 514.50$ 4.75$
Ballot Card Stock - Provisional - ED (50 PL) 0.14$ 619.50$ 5.72$
Ballots - Sample - EV (1 per location) 0.29$ 21.32$ 0.20$
Ballots - Sample - ED (1 per location) 0.29$ 25.67$ 0.24$
Ballots - Sample All Race - EV (50 per location) 0.87$ 3,197.25$ 29.52$
Ballots - Sample All Race - ED (50 per location) 0.87$ 3,849.75$ 35.55$
Printer Labels - EV (1 roll per location) 5.00$ 245.00$ 2.26$
Printer Labels - ED (1 roll per location) 5.00$ 295.00$ 2.72$
Category Subtotal 61,620.78$ 569.02$
Equipment
Cabinet Security - EV 200.00$ 9,800.00$ 90.49$
Cabinet Security - ED 200.00$ 11,800.00$ 108.96$
Computer Cabinet - EV 50.00$ 2,450.00$ 22.62$
DS200 Ballot Counter - EV 350.00$ 18,200.00$ 168.06$
DS200 Ballot Counter - ED 350.00$ 26,950.00$ 248.86$
ExpressVote - EV (9 per location) 200.00$ 88,200.00$ 814.45$
Expres Vote - ED (9 per location) 200.00$ 106,200.00$ 980.67$
ExpressTouch - EV 200.00$ 9,800.00$ 90.49$
ExpressTouch - ED 200.00$ 11,800.00$ 108.96$
Category Subtotal 285,200.00$ 2,633.59$
Personnel
Election Judge - EV 15.00$ 60,270.00$ 556.54$
Election Judge - ED 15.00$ 2,400.00$ 22.16$
Alternate Election Judge - EV 14.00$ 56,252.00$ 519.44$
Alternate Election Judge - ED 14.00$ 2,240.00$ 20.68$
Clerk - EV (3 per location) 13.00$ 313,404.00$ 2,894.03$
Clerk - ED (3 per location) 13.00$ 12,480.00$ 115.24$
Judge Delivery - EV 50.00$ 2,450.00$ 22.62$
Judge Delivery - ED 50.00$ 2,950.00$ 27.24$
Category Subtotal 452,446.00$ 4,177.96$
Election Expense 13,182.46$
Cost (minimum) 1,427,573.64$ 13,182.46$
10% Administrative Fee 1,318.25$
Total Cost 14,500.71$
90% deposit due Friday, March 31, 2023 13,050.64$
Less Deposit
Less Payment
Final Amount Due
Page 35
Item 3.
THE STATE OF TEXAS COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
This CONTRACT for election services is made by and between the Denton County Elections
Administrator and the following political subdivisions, herein referred to as “participating
authority or participating authorities” located entirely or partially inside the boundaries of
Denton County:
Participating Authorities:
[entities]
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas
Education Code Section 11.0581 for a joint May 6, 2023 election to be administered by Frank
Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections
Administrator.”
RECITALS
Each participating authority listed above plans to hold a General or Special Election on May 6,
2023. Denton County plans to hold county-wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, which has been duly approved by
the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas
Election Code Section 61.012. The contracting political subdivisions (participating authorities)
desire to use the County’s voting system and to compensate the County for such use and to share
in certain other expenses connected with joint elections, in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all
parties, IT IS AGREED as follows:
I. ADMINISTRATION
The participating authorities agree to hold a “Joint Election” with Denton County and each other
in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections
Administrator shall coordinate, supervise, and handle all aspects of administering the Joint
Election as provided in this agreement. Each participating authority agrees to pay the Elections
Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Elections Administrator shall serve as the administrator for the Joint Election;
however, each participating authority shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of each participating authority as necessary.
Page 36
Item 3.
It is understood that other political subdivisions may wish to participate in the use of the
County’s Verity voting system and polling places, and it is agreed that the Elections
Administrator may enter into other contracts for election services for those purposes, on
terms and conditions generally similar to those set forth in this contract. In such cases, costs shall
be pro-rated among the participants according to Section XI of this contract.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or the participating authority’s governing body, charter, or
ordinances, except that the Elections Administrator shall be responsible for the preparation and
publication of all voting equipment testing notices that are required by the Texas Election Code.
Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of each participating authority, including translation to languages other than
English. Each participating authority shall provide a copy of their respective election orders and
notices to the Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early
Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual
voting location for each election precinct in elections conducted by each participating authority,
and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed
in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the
Elections Administrator will arrange for use of an alternate location. The Elections Administrator
shall notify the participating authorities of any changes from the locations listed in Exhibit A.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate
judge for each polling location. The Elections Administrator shall make emergency
appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting bilingual polling place officials (fluent in both English and Spanish). In compliance
with the Federal Voting Rights Act of 1965, as amended, each polling place containing more
than 5% Hispanic population as determined by the 2020 Census shall have one or more election
officials who are fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend
a bilingual worker for the polling place. If the Elections Administrator is unable to recommend
or recruit a bilingual worker, the participating authority or authorities served by that polling
Page 37
Item 3.
place shall be responsible for recruiting a bilingual worker for translation services at that polling
place.
The Elections Administrator shall notify all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election
judges and clerks. The Election judges and clerks who attend in-person voting equipment
training and/or procedures training, shall be compensated at the rate of $13 an hour. Election
judges and clerks that elect to complete online training shall be compensated as a rate of a flat
$40. In the event that as Election judge or clerk completes both in-person and online training,
they shall be compensated for the training resulting in the highest pay and will not be
compensated for both trainings.
The Elections Administrator shall arrange for the date, time, and place for presiding election
judges to pick up their election supplies. Each presiding election judge will be sent a letter from
the Elections Administrator notifying them of their appointment, the dates/times and locations of
training and distribution of election supplies, and the number of election clerks that the presiding
judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton
County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per
week, if applicable. The election judge, or their designee, will receive an additional sum of
$25.00 for picking up the election supplies and equipment prior to Election Day and for returning
the supplies and equipment to the central counting station after the polls close. Likewise, the
Presiding Judge in Early Voting, or their designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to the first day of Early Voting and for returning the
supplies and equipment to the Elections Department after Early Voting has ended.
The compensation rates established by Denton County are:
Early Voting – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
Election Day – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
The Elections Administrator may employ other personnel necessary for the proper administration
of the election, as well as, pre and post-election administration. In such cases, costs shall be pro-
rated among participants of this contract. Personnel working in support of full-time staff will be
expensed on a pro-rated basis and include a time period of one week prior to the election, during
the election, and one week post-election. Personnel working in support of the Early Voting
Ballot Board and/or central counting station on election night will be compensated at the hourly
rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
Page 38
Item 3.
If elections staff is required outside of the hours of the office’s normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator
will determine when those hours are necessary, the number of staff and whom are necessary,
along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5
times the staff's hourly rate (See Sections XV #10). The Election Administrator has the right to
waive these costs as they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for delivery of all election supplies and voting
equipment including, but not limited to, the County’s Verity voting system and equipment,
official ballot paper, sample ballots, voter registration lists, and all forms, signs, maps and other
materials used by the election judges at the voting locations. The Elections Administrator shall
ensure availability of tables and chairs at each polling place and shall procure rented tables and
chairs for those polling places that do not have tables and/or chairs. Any additional required
materials (required by the Texas Election Code) must be provided by the participating authority,
and delivered to the Elections Office thirty-three (33) calendar days (April 3, 2023) prior to
Election Day. If this deadline is not met, the material must be delivered by the participating
authority, to all Early Voting and Election Day locations affected, prior to voting commencing.
The Elections Administrator shall be responsible for conducting all required testing of the voting
equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating authorities shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places
where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority’s ballot is to be printed). Said list must be provided to the Elections
Office within three (3) business days following the last day to file for a place on the ballot or
after the election is ordered, whichever is later. The list must be in a Word document, the
information will preferably be in sentence case format, be in Arial 12 point font, and must
contain candidate contact information for the purposes of verifying the pronunciation of each
candidate’s name. Each participating authority shall be responsible for proofreading and
approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. Each
participating authority shall be responsible for proofing and approving the audio recording of the
ballot insofar as it pertains to that authority’s candidates and/or propositions. The approval
must be finalized with the Elections Office within five (5) calendar days of the receipt of the
proofs, or the provided proofs shall be considered approved.
The joint election ballots shall list the County’s election first. The joint election ballots that
contain ballot content for more than one joint participant because of overlapping territory shall
Page 39
Item 3.
be arranged with the appropriate school district ballot content appearing on the ballot following
the County’s election, followed by the appropriate city ballot content, and followed by the
appropriate water district or special district ballot content.
Early Voting by personal appearance and on Election Day shall be conducted exclusively on
Denton County’s Verity voting system including provisional ballots.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the
voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant
employees upon hiring as required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections
Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting
clerks to assist in the conduct of early voting as necessary, and that these additional deputy early
voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section
83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of
the Denton County Elections Administrator or any participating authorities shall serve in that
capacity without additional compensation.
Exhibit A of this document includes locations, dates, and times that voting will be held for Early
Voting by personal appearance. Any qualified voter of the Joint Election may vote early by
personal appearance at any one of the joint early voting locations. All requests for temporary
branch polling places will be considered and determined based on the availability of facility and
if it is within the Election Code parameters. All costs for temporary locations including coverage
by Election Administration staff will be borne by the requesting authority. The Elections
Administrator will determine when those hours are necessary, the number of staff and who are
necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a
rate of 1.5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has
the right to waive these costs as they see fit.
The standard dates and hours for the May 6, 2023 election will be as follows:
Monday, April 24, 2023 through Saturday, April 29, 2023; 8am – 5pm
Sunday, April 30, 2023; 11am-5pm
Monday, May 1, 2023 through Tuesday, May 2, 2023; 7am-7pm.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting
ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code.
Any requests for early voting ballots to be voted by mail received by the participating authorities
Page 40
Item 3.
shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.gov
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots
that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting
Clerk at the Denton County Elections Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
Email: elections@dentoncounty.gov
The Elections Administrator shall post on the county website, the participating authority’s Early
Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the
daily roster showing the previous day’s early voting activity will be posted no later than 11:00
am each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to
process early voting results from the Joint Election. The Presiding Judge, with the assistance of
the Elections Administrator, shall appoint an Alternate Judge and one or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of
EVBB members required to efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central
counting station to receive and tabulate the voted ballots in accordance with the provisions of the
Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005
of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Brandy Grimes, Deputy Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
Page 41
Item 3.
The counting station manager or their representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated by posting
on the Election Administrator's Election Night Results website. The manager shall be responsible
for releasing unofficial cumulative totals and precinct returns from the election to the joint
participants, candidates, press, and general public by distribution of hard copies at the central
counting station (if requested) and by posting to the Election Administrator's Election Night
Results website. To ensure the accuracy of reported election returns, results printed on the
reports produced by Denton County’s voting equipment will not be released to the participating
authorities at the remote collection locations or from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have
been counted and will deliver a copy of the unofficial canvass to each participating authority as
soon as possible after all returns have been tabulated. The Elections Administrator will include
the tabulation and precinct-by-precinct results that are required by Texas Election Code Section
67.004 for the participating authorities to conduct their respective canvasses. Each participating
authority shall be responsible for the official canvass of its respective election(s), and shall notify
the Elections Administrator, or their designee, of the date of the canvass, no later than three days
after Election Day.
The Elections Administrator shall be responsible for conducting the post-election manual recount
required by Section 127.201 of the Texas Election Code unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to
each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON
COUNTY
Each participating authority with territory containing population outside of Denton County
agrees that they Elections Administrator shall administer only the Denton County portion of
those elections.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement
through its runoff election, if applicable. In the event of such runoff election, the terms of this
agreement shall automatically extend unless the participating authority notifies the Elections
Administrator in writing within three (3) business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations
and/or Election Day voting locations in a runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be Saturday, June 10, 2023, with early voting being held in
accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
Page 42
Item 3.
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of general expenses, which are not directly attributable to an individual polling
location, will be expensed by each participating authority’s percentage of registered voters of the
total registered voters of all participating authorities.
Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs
associated with each early voting location. Each participating authority shall be responsible for
an equal portion of the actual costs associated with the early voting locations within their
jurisdiction. Participating authorities that do not have a polling location within their jurisdiction
shall pay an equal portion of the nearest polling location.
Election Day location expenses will be allocated based on each participating authority’s
percentage of registered voters assigned to each polling place. If a participating authority’s
election is conducted at more than one Election Day polling location there shall be no charges or
fees allocated to the participating authority for the cost of the Election Day polling location in
which the authority has fewer than 50% of the total registered voters served by that polling
location, except that if the number of registered voters in all of the authority’s polling locations is
less than the 50% threshold, the participating authority shall share the expenses, based on their
percentage of registered voters, of the polling location at which it has the greatest percentage of
registered voters.
In the event that participating authorities with overlapping boundaries cannot make an agreement
on Early Voting and/or Election Day locations, the requesting participating authority agrees to
bear the entire expense of the location.
Each participating authority requesting additional hours, outside of the standard hours, for a
location or locations, agree to split the cost of the additional open hours equally amongst the
requesting participating authorities.
Costs for Early Voting by mail, in-person ballots, provisional ballots, and Poll Pad paper shall be
allocated according to the actual number of ballots issued to each participating authority’s voters
and the cost shared equally amongst participating authorities of each ballot style.
Each participating authority agrees to pay the Elections Administrator an administrative fee
equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the
Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract
into the appropriate fund(s) within the county treasury in accordance with Election Code Section
31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in
agreement with an individual jurisdiction if the above formula results in a cost allocation that is
inequitable.
Page 43
Item 3.
If any participating authority makes a special request for extra Temporary Branch Early Voting
by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to
pay the entire cost for that request.
Participating authorities having the majority of their voters in another county, and fewer than 500
registered voters in Denton County, and that do not have an Election Day polling place or early
voting location within their Denton County territory shall pay a flat fee of $400 for election
expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and
any unforeseen expenses needed to conduct the election, will be borne by the participating
authority or authorities, affected.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it
cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The
withdrawing authority is fully liable for any expenses incurred by the Denton County Elections
Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such
expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fees, if applicable.
It is agreed that any of the joint election early voting locations that are not within the boundaries
of one or more of the remaining participating authorities, with the exception of the early voting
location at the Denton County Elections Building, may be dropped from the joint election unless
one or more of the remaining participating authorities agreed to fully fund such location(s). In
the event that any early voting location is eliminated under this section, as addendum to the
contract shall be provided to the remaining participants within five days after notification of all
intents to withdraw have been received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all
records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the
public in accordance with applicable provisions of the Texas Election Code and the Texas Public
Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of
Section 66.058 of the Texas Election Code. If records of the election are involved in any pending
election contest, investigation, litigation, or open records request, the Elections Administrator
shall maintain the records until final resolution or until final judgment, whichever is applicable.
Page 44
Item 3.
It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records
request which may be filed with the appropriate participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this
document, the presiding officer of the contracting participating authorities agree that any recount
shall take place at the office of the Elections Administrator, and that the Elections Administrator
shall serve as Recount Supervisor, and the participating authority’s official or employee who
performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority
as necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political
subdivisions may wish to participate in the use of the County’s election equipment and
voting places, and it is agreed that the Elections Administrator may contract with such
other districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County
Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas
Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Denton
County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
Page 45
Item 3.
7. The waiver by any party of a breach of any provision of this agreement shall not operate
as or be construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by
all parties hereto.
9. Failure for a participating authority to meet the deadlines as outline in this contract may
result in additional charges, including but not limited to, overtime charges, etc.
Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator $43.137
Voter Registration Clerk $33.198 - $35.590
Technology Resources Coordinator $46.790
Elections Technician $31.220 - $37.234
Voter Registration Coordinator $40.308
Training Coordinator $45.243
Election Coordinator $37.234
XIV. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement
is listed below. The exact amount of each participating authority’s obligation under the terms of
this agreement shall be calculated after the May 6, 2023, election (or runoff election, if
applicable). The participating authority’s obligation shall be paid to Denton County within 30
days after the receipt of the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this agreement
shall be provided within 45 days after the last deadline for ordering an election:
[costs]
[pagebreak]
THIS PAGE INTENTIONALLY BLANK.
Page 46
Item 3.
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
(1) It has on the 23rd day of January, 2023 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the ______ day of ___________, 2023 been executed on behalf of the TOWN OF
PROSPER pursuant to an action of the Prosper Town Council so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
Frank Phillips, CERA
ACCEPTED AND AGREED TO BY THE TOWN OF PROSPER:
APPROVED: ATTESTED:
_____________________________________________ _______________________________________
Robert B. Scott, Interim Town Manager Michelle Lewis Sirianni, Town Secretary
Page 47
Item 3.
TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM
Election Calendar
For a City’s General Election on May 6, 2023
(last updated October 14, 2022)
This calendar includes all major actions for which the Election Code prescribes a specific
deadline, but this calendar does not include actions that can vary from one city to another (for
example, preparation of voting equipment and forms). Each city secretary should use the chart in
§1.62 of the Texas Municipal Election Law Manual (6th edition) [abbreviated as M or Elections
Manual] together with this calendar to fill in those dates on the city secretary’s personal election
calendar. Always verify the latest version of the calendar on the TMCA’s website (under
“publications”).
Dates in column 1 are 2023 unless noted otherwise. Actions in column 2 relate to general
elections (those in italics pertain to early voting), but some notes for special elections have been
included. The actions are typically taken by the city secretary, but deviations appear in column 3.
Column 4 is a cross reference to the Elections Manual.
“ED Interval” in column 5 indicates the time between the date of the action and election
day. For example, the notation “50th” in the entry for March 17 means mandatory office hours
begin the 50th day before election day; the notation “+10” in the entry for May 16 means that the
LAST DAY for the presiding judge of the early voting ballot board to mail voters notices of
rejected mail ballots is the 10th day after election day. An asterisk (*) in this column indicates the
time stated is not required by statute.
When a statutory provision prescribes the LAST DAY for the performance of an act, the
number in column 5 reflects that day. If the statutory date is moved because of a Saturday, Sunday,
or state or national holiday [M §1.52(b); endnote 6], the resulting date is designated in column 1,
and column 5 indicates, in parentheses and italics, the actual number of days measured from
election day. When a deadline is extended for this reason, the extended date is used for determining
other due dates. Not all due dates revolve around election day and are so noted.
The last column has been reserved to show completion of the event in column 2. A dashed
line in the table between entries indicates separate events that fall on the same day.
To prepare a calendar for a runoff election, see M §§12.01-.02; for a special election to fill
a vacancy in office, see M §12.03; for a special election on a measure, see generally M §12.12.
When reading the Election Code, the city secretary should remember to read the chapter and
subchapter titles to determine if the section applies to cities. Abbreviations in the calendar are the
same as those used in the Elections Manual.
Page 48
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
2
Date Action By or With
Whom Taken
M § ED
Interval
Fri
May 6
2022
One-year deadline for website posting certain
candidacy and other information. Note: See
endnote 1.
City Secretary 2.13(d)(2) 365th
Mon
Dec 19
2022
LAST DAY to post on bulletin board notice of
the filing period for the general election (SOS
Form 1-20).
City Secretary 2.13(d)(1) 138th
(30 days
b/4 1st
day to
file)
Sun
Jan 1
2023
FIRST DAY voters may apply for a ballot by mail
(ABBM), for an Annual ABBM, or for a Federal
Postcard Application (FPCA). Note: The first day
does not move despite the New Year’s Day
holiday. See D Day – 11 days for end of period.
City Secretary 9.44(a) 1st day of
year
Thu
Jan 5
Obtain forms: candidate’s application for place
on ballot, appointment of campaign treasurer
(candidate and specific-purpose committee),
report of contributions and expenditures
(candidate-officeholder and specific-purpose
committee), application for mail ballot,
administrative forms, and precinct forms.
City Secretary
5.31 *121st
Thu
Jan 5-
Fri
Jan 27
Review M §1.62 for possible action: Steps 1-5
(revising election precincts, designating polling
places, changing method of voting, and
contracting, if any) and Step 12 (establishing or
changing terms of election judges).
City Secretary
and
City Council
1.62 *121st
thru
*99th
Tue
Jan 17
LAST DAY for timely filing of semi-annual
report of contributions and expenditures. Note:
Because Jan 15 is a Sun and Mon is Martin
Luther King Day, the deadline is extended to
Tue.
City
Secretary
3.12(b)
3.16
Jan 15
Wed
Jan 18
FIRST DAY for filing application for place on
general election ballot (SOS Form 2-26). Note:
Filing for a general election may occur before
the election is ordered (as opposed to a special
election). Period ends at 5 p.m. E Day – 78 days.
City Secretary 2.13(a)
2.14(a)
108th
(30 days
b/4 filing
dead-
line)
Wed
Jan 18
FIRST DAY for filing declaration of write-in
candidacy (SOS Form 2-28). Note: Periods ends
at 5 p.m. E Day – 74 days.
City Secretary 2.19(b) 108th
Page 49
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
3
Date Action By or With
Whom Taken
M § ED
Interval
Mon
Jan 23-
Fri
Feb 17
Recommended period and statutory deadline for
ordering a general election (SOS Form 1-2).
Note: Sometimes the phrase “calling” election is
used. The deadline may be different for a special
election. See endnote 2 for mock student
elections. Home-rule cities see endnote 3. Cities
contracting should informally notify their
contracting partners.
Mayor 6.03 *103rd
thru
78th
Mon
Feb 6
LAST DAY for small city in small county to apply
for exception to accessibility requirements (SOS
Form 13-4). Note: Because the deadline falls on
Sun, it moves to Mon.
City Secretary
to
SOS
5.25(c) 90th
(89th)
Tue
Feb 14
midnight
Death and ballot preparation: If a candidate dies
on or before this date, the City Secretary MUST
remove the candidate’s name from ballot. Note:
If a candidate dies after this date but on or
before the filing deadline, see endnote 4.
City Secretary 6.23(c) 81st
[day b/4
day b/4
filing
deadline
(3rd day)]
Fri
Feb 17
LAST DAY for ordering a general or special
election for the uniform date in May (SOS Form
1-2). Note: See endnote 2 for student elections.
Home-rule cities see endnote 3.
Mayor 6.03 78th
Feb 17
5 p.m.
LAST DAY for filing application for place on
general election ballot (SOS Form 2-26). Note:
City Secretary’s office should stay open until 5
p.m. Mailed applications are filed when
received. For deceased candidates, see endnote
4. If no candidate has filed in a city with 4-year
terms, the filing deadline is extended to 5 pm
Fri. March 10.
City Secretary
2.14
6.23(c)
78th
Feb 17 Recommended last day for notice designating
election precincts and polling places.
City Council 5.42(d) *78th
Feb 17 Recommended first day to provide 4-day notice
of drawing to candidate. Note: Only written
notice by mail is required 4 days before the
drawing, but phone or email notice should
follow the same timeline. Public notice must be
posted (SOS Form 3-2) 72 hours before date of
drawing.
City Secretary 6.22(a)(2) *78th
Mon
Feb 20
Recommended first date for preliminary work to
appoint election judges.
City Secretary 7.01 *75th
Page 50
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
4
Date Action By or With
Whom Taken
M § ED
Interval
Feb 20 Recommended first day to post public’s 72-hour
notice of drawing for order of names on ballot
(SOS Form 3-2).
City Secretary 6.22(a) *75th
Tue
Feb 21
5 p.m.
LAST DAY for a write-in candidate to declare
candidacy in the general election (SOS Form
2-28). Note: City Secretary’s office should stay
open until 5 p.m. Mailed applications are filed
when received. For deceased candidates, see
endnote 4. For special elections to fill a vacancy,
see the 75th day.
City Secretary 2.18(b) 74th
Wed
Feb 22
Recommended date to deliver the certification
of unopposed candidates to city council if a
candidate does not have an opponent in an
election considered to be a separate election
(SOS Form 12-1).
City Secretary 6.12 *73rd
Thu
Feb 23-
Mon
Feb 27
Recommended period to conduct drawing for
order of names on ballot, prepare ballot format,
and send information to the printer.
City Secretary 6.22(b)
6.25
6.26
*72nd
thru
*68th
Fri
Feb 24
5 p.m.
LAST DAY for a ballot or write-in candidate in
general election to submit a certificate of
withdrawal (SOS Form 2-33) and have name
omitted from the ballot. Note: City Secretary’s
office should stay open until 5 p.m.
A withdrawal after this date is valid if it is
submitted before the ballots are prepared AND
if the public notice of the logic and accuracy test
has not been published. EC §1.006 does not
apply to withdrawal deadlines [EC §145.092(e)].
City Secretary
6.23(c)
2.31(b)
71st
Feb 24
5 p.m.
LAST DAY that a declaration of ineligibility
causes omission of candidate’s name from
ballot in the general election. Note: City
Secretary’s office should stay open until 5 p.m.
City Secretary 2.33(d) 71st
Feb 24 Recommended first day to cancel (SOS Form
12-2). Note: Unopposed races must be
cancelled.
City Council 6.19-.16 71st
Page 51
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
5
Date Action By or With
Whom Taken
M § ED
Interval
Tues
Mar 7
Period the Texas Ethics Commission will defer an
investigation until after election (or runoff).
City Secretary
Texas Ethics
Commission
3.01(b)(2) 60th
thru
E Day
Mar 7 LAST DAY to deliver notice of the election to the
county clerk and voter registrar of each county
where the city is located. Note: This is not the
publication or posting deadline.
City Council
(City Secretary)
6.54(a) 60th
Mar 7 Recommended day to contact the county
concerning availability of the initial list of voters
who submitted annual applications for ballot by
mail (ABBM).
City Secretary 9.43 *60th
Fri
Mar 10
5 p.m.
Extended deadline to file for a place on the ballot
in a city office having a 4-year term if no one has
filed by 5 p.m. on Feb 17.
City Secretary 2.13(b) 57th
Mon
Mar 13-
Fri
Mar 24
Recommended period for appointing election
judges plus members of the EVBB and SVC.
Note: Home-rule cities see endnote 3.
City Council 7.42(a)(2)
7.23-.24
7.33-.34
*54th
thru
*43rd
Thu
Mar 16
Recommended date to print ballots that have
been prepared earlier.
City Secretary 6.25 *51st
Fri
Mar 17
FIRST DAY of mandatory office hours. Note: City
Secretary must keep office open for at least
3 hours a day during regular office hours on
regular business days. Period ends E Day + 40
days.
City Secretary 6.80(a) 50th
Mar 17 LAST DAY for a challenge of a candidate
application based on form, content, procedure.
City Secretary 2.16(d) 50th
Wed
Mar 22
LAST DAY to mail ballots to FPCA voters and
other voters who are eligible for early voting
because they are voting from outside the U.S.
Note: If it is not possible to mail these ballots by
this deadline, the City Secretary must notify the
SOS within 24 hours. SOS does not apply EC
§1.006 to this deadline. Respond to FCPA
applications received after this date within 7
days (the same as non-FCPA applications).
Rosters must be posted to website by 11 a.m. on
the following day (SOS Forms 5-10 & 5-9a).
City Secretary
9.49(b)
9.82
45th
Page 52
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
6
Date Action By or With
Whom Taken
M § ED
Interval
Thu
Apr 6
5 p.m.
LAST DAY for filing first report of campaign
contributions and expenditures by opposed
candidates and specific-purpose committees.
Note: City Secretary’s office should stay open
until 5 p.m. The deadline is extended to
midnight for electronic filing. See endnote 5 for
current threshold dollar amounts.
City Secretary
3.13(b) 30th
Apr 6
LAST DAY for submitting voter registration
application in time to vote at the election or for
requesting transfer of registration in time to
vote in new precinct not in the same county and
territory.
Registrar
4.07(f)
4.07(g)
30th
Apr 6-
Wed
Apr 26
Period for publishing notice of election. Note:
Must be published once; perhaps more for a
special election on a measure. Home-rule cities
see endnote 3.
Mayor
6.52(a) 30th
thru
10th
Apr 6 Minimum 10th day to begin posting continuous
notice if SVC meets on first available date, Apr
16. Note: The city council makes the
appointments not later than 5 days after the
City Secretary calls for appointment (SOS Forms
5-52 & 5-53). Post notice of appointment (SOS
Form 5-55)
City Secretary
City Council
6.70(a)
7.33
7.34
*30th
Apr 6 Recommended last day to notify presiding
judges of duty to hold election (SOS Forms 1-40
to 4-12).
Mayor 7.42(a)(2) *30th
Apr 6 Recommended last day to request voter
registrar to prepare lists of registered voters and
furnish statement of residence forms to be used
in conducting the election.
City Secretary 4.34(a) *30th
Apr 6 Recommended day to begin posting the notice
of voting order priority for voters with mobility
issues on the city’s website (SOS Form 7-33).
City Secretary 10.23(d) *30th
Page 53
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
7
Date Action By or With
Whom Taken
M § ED
Interval
Sat
Apr 15
(Fri
Apr 14
recom-
mended)
LAST DAY for posting (SOS Form 1-11) (1) notice
of election on bulletin board used for posting
notices of city council meetings and (2) date,
location of each polling place, and each
candidate and measure on the ballot on the
city’s website. Note: The 21st day is Sat,
meaning the notice can be delayed until Mon.
The better practice is to post by Fri through at
least election day. For cities conducting bond
elections, additional posting and publication
requirements apply. Home-rule cities see
endnote 3.
City Secretary
6.52(b)
12.15(e)
21st
(22nd)
Sun
Apr 16
(Fri
Apr 14
recom-
mended)
Type B cities: LAST DAY to post notice of
election in 3 public places (SOS Form 1-11).
Note: EC §1.006 does not apply to this LGC
deadline; the better practice is to post before
the weekend.
City Secretary 6.52(b)(3) 20th
Apr 16 FIRST DAY SVC may begin work. Note: EC §1.006
does not apply to the starting date. EC §87.0271
requires SVC to inform voters of certain defects
in the carrier envelope within 2 days of
identification (SOS Forms 8-20 to 8-24).
City Secretary 6.70(a)
6.72
20th
Mon
Apr 17
LAST DAY for unregistered applicant to submit
FCPA application and be eligible to vote a full
ballot. Note: The 20th day before the election is
Sun, Apr 16. The deadline is extended so that if
the application is placed in the mail by Mon, Apr
17, it is timely.
City Secretary 9.61(a) 20th
(19th)
Tue
Apr 18
Recommended last day for publication of notice
of the test of automatic tabulating and DRE
equipment to be used in early voting if the test is
on Apr 21. Note: Notice for tabulating
equipment must be 48 hours before date of
test. Notice for DRE equipment must be 48
hours before test begins. DREs cannot be used
after Sept 1, 2026 except by disabled voters.
City Secretary 6.63(d)(1)
6.63(d)(2)
6.64(c)
18th
Apr 18 LAST DAY early voting clerk, upon receipt of
defective early voting application, must mail 2nd
application with explanation of defects and
instructions (SOS Forms 6-2 to 6-4).
City Secretary 9.46(b) 18th
Page 54
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
8
Date Action By or With
Whom Taken
M § ED
Interval
Wed
Apr 19
LAST DAY to begin posting continuous notice of
schedule for branch early voting polling places if
not included in earlier notice of election (SOS
Form 5-49). Note: The May early voting period is
not the same as November of even-numbered
years.
City Secretary 9.14(c) 17th
(5th day
b/4 EV in
person)
Fri
Apr 21
LAST DAY to accept an FPCA without a postmark
to prove mailing date and mail the voter a full
ballot if the voter is not permanently registered
but meets the requirements to be registered
under EC Title 2.
City Secretary 9.66(b) 15th
Apr 21
LAST DAY for conducting first test of automatic
tabulating and DRE equipment to be used for
early voting. Note: Notice for tabulating
equipment must be 48 hours before date of
test. Notice for DRE equipment must be 48
hours before test begins. DREs cannot be used
after Sept 1, 2026 except by disabled voters.
City Secretary 6.63(d)
6.64(c)
15th
Apr 21
LAST DAY to notify judges of duty to hold the
election (SOS Form 4-10 to 4-12).
Mayor
7.44(a) 15th
Apr 21 LAST DAY to challenge write-in candidate for
form, content, and procedure.
City Secretary 2.18(f) 15th
Sun
Apr 23
FIRST DAY a city holding a joint election with a
county with a population of 100,000 or more
may convene the EVBB to process mail ballots.
Note: EC §1.006 does not apply to the first day.
24-hour notice must be posted for each delivery
of voting materials made before election day
(SOS Forms 6-6 & 6-7). The board may process
the materials but may not count the ballots until
after the end of the period of early voting by
personal appearance. The board must provide
notice of opportunity to cure certain defects in
the carrier envelope within 2 days of identifying
the deficiency (SOS Forms 8-20 to 8-24).
City Secretary
Early Voting
Ballot Board
9.57(a)(2)
10.03
13th
Mon
Apr 24
FIRST DAY for early voting by personal
appearance. Note: If voting will be conducted
on Sat or Sun, notice of schedule must be
posted at least 72 hours before first hour of the
weekend voting (SOS Form 5-47).
City Secretary
9.14 12th
Page 55
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
9
Date Action By or With
Whom Taken
M § ED
Interval
Apr 24 FIRST DAY for new illness or disability allowing
late application for late (emergency) early voting
(SOS Form 5-18). Note: While the injury or
disability occurs on or after this date, the
application cannot be submitted until the day
after the early voting period ends.
Voter 9.73 12th
Apr 24-
Thu
Apr 27
Possible period for posting notice amending
notice of branch early voting polling places after
early voting by personal appearance starts.
City Secretary 9.14(d) 12th
thru
9th
Tue
Apr 25
LAST DAY to accept application for a ballot to be
voted by mail, by 12 noon or close of business,
whichever is later. Note: If the deadline falls on a
Sat, Sun, or legal holiday, then personal delivery
must be the first regular business day preceding
that day. Originals are due 4 days after fax or
email (except emailed FCPA).
City Secretary 9.44(b)(1)
9.45(b-c)
9.68(c)
11th
Apr 25 LAST DAY to accept an FPCA from a registered
voter.
City Secretary 9.61(c)
9.68(a, c)
11th
Apr 25 LAST DAY for county clerk or election
administrator to deliver final list of voters that
submitted an annual ABBM.
City Secretary 9.43(a)(2) 11th
Wed
Apr 26
LAST DAY to publish of notice of election (SOS
Form 1-11). Note: Home-rule cities see endnote
3.
Mayor 6.52(a)(1) 10th
Fri
Apr 28
5 p.m.
LAST DAY for filing second report of campaign
contributions and expenditures. Note: Deadline
extended to midnight for electronic filing. See
endnote 5 for current monetary thresholds.
City Secretary 3.15 8th
Mon
May 1
LAST DAY to publish notice of first test of
automatic tabulating equipment or DRE Note:
Testing must occur 48 hours before equipment
is used (E Day at 7 a.m.). Notice for tabulating
equipment must be published 48 hours before
test date. Notice for DRE must be published
48 hours before test begins.
City Secretary
6.64(b-c)
6.63(d)(1)
5th
Page 56
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
10
Date Action By or With
Whom Taken
M § ED
Interval
May 1 FIRST DAY for death in family to qualify for late
(emergency) early voting (SOS Form 5-16). Note:
While the death occurs on or after the day
before the last day of early voting by personal
appearance, the application cannot be
submitted until the day after early voting by
personal appearance ends. Voting by this
method (SOS Form 5-27) ends close of business
the day before election day.
City Secretary 9.73(a) 5th
Tue
May 2
LAST DAY of regular early voting by personal
appearance (versus special forms of early
voting).
City Secretary
9.11(b) 4th
May 2
Sat
May 6
Once early voting by personal appearance is
over until 7 p.m. on election day, early voting
materials may be delivered to the EVBB for
qualifying purposes when paper ballots are used
used or automatically tabulated ballots are used
at a central counting station. Note: Ballots may
not be counted until election day, except if
election is held jointly with a county of 100,000
or more. Post notice of delivery continuously 24
hours before each delivery (SOS Forms 6-6 &
6-7). Ensure that the counting equipment has
been tested at least 48 hours before tabulation
begins.
City Secretary
9.57(a)(1)
9.57(a)(3)
4th thru
close of
polls
May 2 FIRST DAY the EVBB may begin counting ballots
in an election held jointly with a county having a
population of 100,000 or more. Note: Ensure
that the counting equipment has been tested at
least 48 hours before tabulation begins.
Early Voting
Ballot Board
9.57(a)(2) 4th thru
close of
polls
Wed.
May 3
LAST DAY to receive in the mail an application to
cancel mail ballot (SOS Form 5-17). Note: SOS
does not apply EC §1.006.
City Secretary
9.54(a) 3rd
May 3
Fri
May 5
Period to apply for late (emergency) early voting
because of death in family May 1 or later. Note:
Requires absence from county on election day.
Period ends the day before E Day.
City Secretary
9.73 3rd
Page 57
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
11
Date Action By or With
Whom Taken
M § ED
Interval
May 3-
Sat
May 6
5 p.m.
Period to apply for late (emergency) early voting
because of illness or disability originating on or
after Apr 24 (SOS Form 5-18). Note: The
deadline for returning the marked ballot is 7 pm
E Day, but applications must be received by
5 pm E Day.
City Secretary 9.72(b) 3rd thru
Election
Day
Wed
May 3
LAST DAY for first test of automatic tabulating or
DRE equipment. Note: To assure 48 hours
before 7 a.m. of election day, test must be by
3rd day. Notice must be published at least
48 hours before date of test.
City Secretary
6.63(d)(2)
6.64(b-c)
*3rd
May 3-
May 5
Recommended time to prepare list of registered
voters for EVBB if more than one early voting
polling place. Note: The EVC must identify those
who voted early before this list is delivered to
the precinct election judges.
City Secretary 9.83 *3rd
thru 1st
Fri
May 5
LAST DAY (by close of business) to apply for and
vote a ballot by personal appearance due to
death in immediate family that occurred May 1
or later (SOS Form 5-16).
City Secretary
9.73(b) 1st
Fri
May 5
LAST DAY to deliver precinct list of registered
voters, with the early voting voters marked, to
presiding judges and recommended date for
delivery of supplies to presiding judges.
City Secretary 9.83(e) 1st
May 5 One-year deadline to post certain information
on the city’s website for the next general
election to be held on May 4, 2024. Note: See
endnote 1.
City Secretary
2.13(d)(2) next May
election -
365 days
May 5
Recommended date for delivery of equipment
to polling places. Note: Statutory deadline is
6 a.m. on election day.
City Secretary
6.65(b) *1st
May 5
Recommended day to post notice of council
meeting to canvass the returns if canvass will be
on 3rd day after election. Note: Notice must be
posted at least 72 hours before time of meeting.
Due to late ballots that can be counted, a later
canvass is likely.
City Secretary
11.13 *1st
Page 58
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
12
Date Action By or With
Whom Taken
M § ED
Interval
Sat
May 6
7 a.m.-
7 p.m.
ELECTION DAY. Polls are open. Voting by sick or
disabled voters at main early voting place,
where electronic voting systems are used at
precinct polling place. Early voting clerk’s office
must remain open for early voting activities
City Secretary
9.71
10.13(c)
E Day
May 6
Deliver early voting ballots, etc., to EVBB. Note:
Second key to ballot box is delivered by chief of
police or marshal.
City Secretary
Judge EVBB
(sets time)
10.13(c)(1)
9.57(b)(1)
E Day
May 6
5 p.m.
LAST HOUR for late applications for ballots (SOS
Form 5-18) from voters who became ill or
disabled Apr 24 or later.
City Secretary 9.72(b) E Day
May 6
7 p.m.
LAST HOUR for receiving ballots from voters who
became ill or disabled Apr 24 or later.
City Secretary
9.72(b) E Day
May 6
7 p.m.
LAST HOUR to receive mailed ballots with no
postmark, except overseas and armed forces
ballots and certain ballots placed for delivery
before this deadline. Note: Check mailbox at
7 pm regardless of regular delivery schedule.
See deadline E Day +1 day.
City Secretary 9.50(a) E Day
May 6
Receive precinct records, voted ballots, etc.
Note: Chief of police or marshal receives keys to
ballot boxes containing voted ballots.
City Secretary
Mayor
10.13(c)
10.32(d)
E Day
May 6
Prepare unofficial tabulation of results. Note:
Presiding judge must notify City Secretary if
counting will not be complete by 2 a.m.
City Secretary 10.34
10.32(b)
E Day
Mon
May 8
5 p.m.
LAST DAY to receive mailed ballots if the carrier
envelope arrives before 5 p.m. and has a
cancellation mark indicating it was placed for
delivery at or before 7 p.m. local time for the
place of election. Note: Because the deadline
falls on Sun, it moves to Mon. This deadline
applies to voters who applied for a ballot by
mail and cast a by-mail ballot from within the
U.S.
City Secretary
9.50(a) +1
(+2)
May 8
FIRST DAY for public access to early voting by
mail applications, ballot materials, and annual
ABBMs.
City Secretary 11.70(d)(2) +1
(+2)
May 8
LAST DAY to deliver provisional ballots to voter
registrar of each county in which city is located.
City Secretary 10.30(a)(2) +1
(+2)
Page 59
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
13
Date Action By or With
Whom Taken
M § ED
Interval
Tue
May 9
Recommended day to provide official statement
of elected officer (SOS Form 10-3) and oath of
office (SOS Form 10-2) to candidates who
appear to have won or may win. Note: Provided
for information; they must be signed after the
canvass.
City Secretary 11.20
11.21
+3
May 9 -
Mon
May 15
Period during which EVBB may meet to count
ballots received from outside the U.S. if the early
voting clerk certifies that all ballots mailed from
outside the U.S. have been received.
Early Voting
Ballot Board
11.02 +3
thru
+9
May 9 -
Tue
May
30
Period for partial manual count of electronically
counted ballots to begin not later than 72 hours
after polls close and be completed by E Day
+21st day. Note: Because the deadline falls on
Sat and Mon is Memorial Day, the deadline
moves to Tue.
City Secretary
11.31 +3
thru
+21
(+25)
May
9 - 17
Recommended period to complete report of
early votes cast for each candidate or measure,
by election precinct. Note: must occur before
canvass.
City Secretary
11.04(b) *+3
thru
*+11
May
9 - 17
Period for official canvass. Note: Canvass may
occur only if all FPCA ballots have been received,
the EVBB has completed the count of provisional
ballots, and there are no deficiencies in mailed
ballot carrier envelopes (certain deficiencies can
be cured up to 6th day after election day). The
canvass period of even-numbered Novembers is
14 days long.
Mayor
(sets time)
City Secretary
(records results)
City Council
(takes action)
11.12
6.72
+3
thru
+11
May
9 - 17
Recommended period after canvass to issue
certificates of election and collect signed oath
and anti-bribery statement. Note: If a recount is
requested, documents are not issued until after
the recount.
Mayor 11.20 *+3
thru
*+11
Thu
May 11
LAST DAY to receive a ballot from outside the
U.S., from a non-military voter, IF cancellation or
receipt mark indicates ballot was placed for
delivery by 7 p.m. on election day.
City Secretary 9.50(b)(1)
9.68
11.02
+5
Page 60
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
14
Date Action By or With
Whom Taken
M § ED
Interval
Fri
May 12
LAST DAY to receive an FPCA ballot from a
member of the U.S. Armed Services or Merchant
Marines or a spouse or dependent of a member.
Note: NO cancellation or receipt mark showing
date placed for delivery is required on these
ballots.
City Secretary
9.50(b)(2) +6
May 12
LAST DAY for provisional voter to present ID to
voter registrar or execute required affidavit (SOS
Form 7-15).
Voter Registrar 10.30(d)
9.26(d)(3)
+6
May 12
LAST DAY for voter registrar to complete the
review of provisional ballots. Note: The period is
one day longer for elections in November of
even-numbered years
Voter Registrar
10.30(d) +6
May 12 LAST DAY for a vote-by-mail voter to cure certain
deficiencies in the carrier envelope.
Voter 6.72 +6
May 12
Type A cites: FIRST DAY elected officials may
qualify and assume duties of office. Note: LGC
§22.006 states 5th day after election not
counting Sun. The resulting day is the 6th day
after. Officials may not take office until the
canvass is complete unless the election was
cancelled.
Candidate with
City
Secretary
11.23(a) +6
Sun
May 14 -
Mon
May 22
Period to order a runoff election, if necessary.
Note: This must occur not later than 5th day
after canvass. Home-rule cities see endnote 3.
City Council
or
Mayor
12.01(c)(2) +8
thru
+16
Mon
May 15
LAST DAY for voter registrar to designate a time
of delivery of provisional ballots to the general
custodian of election records or presiding judge
of the EVBB. Note: Must occur before EVBB
convenes. Because the deadline falls on Sat, it
moves to Mon.
Voter Registrar
10.30(d) +7
(+9)
May 15 FIRST DAY a mailed ballot can be rejected if the
carrier envelope was not properly executed, the
signatures do not match, or is missing a
statement of residence.
Early Voting
Ballot Board
6.72 +7
(+9)
May 15 LAST DAY for general custodian of election
records or presiding judge of the EVBB to
retrieve the provisional ballots from the voter
registrar.
City Secretary
or
Judge of EVBB
10.30(d) +9
Page 61
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
15
Date Action By or With
Whom Taken
M § ED
Interval
May 15 LAST DAY for the EVBB to convene for counting
the provisional ballots or any mail ballots timely
and properly received after election day. Note:
This deadline is the 13th day for elections in
November of even-numbered years.
Early Voting
Ballot Board
11.01(b) +9
Tue
May 16
LAST DAY for presiding judge of EVBB to mail
notices of rejected mail ballots to voters (SOS
Form 5-42).
Judge of EVBB 11.03(a) +10
Wed
May 17
LAST DAY for conducting the official canvass of
the election.
City Council 11.12 +11
Fri
May 19-
Sat
May 27
(May 26
recom-
mended)
Period during which notice of disposition of
provisional ballots must be mailed to voters
(SOS Form 8-17). Note: EC §1.006 arguably does
not apply to a timeframe set by rule, 1 TAC
81.176(e). Mon, May 29, is Memorial Day.
Accordingly, Fri, May 26 is recommended.
Judge of EVBB
or
City Secretary
11.01(f) varies
by 10th
day after
canvass
Mon
May 22
Election records must be available in an
electronic format no later than this day, for a
fee of not more than $50.00. Note: Because the
deadline is Sun, it moves to Mon.
City Secretary 11.70(c) +15
(+16)
Mon
May 29 -
Tue
July 4
Possible period for runoff election, depending
on date of official canvass, unless a home-rule
charter provides for a later date. Note: Because
the deadline is Sat and Mon is the July 4 holiday,
the deadline moves to Tues. EC §1.006 does not
apply to the start of the period, but as a
practical matter, an election is not likely to be
held on Memorial Day. The order of the names
on the runoff ballot appear in the same order as
on the general election ballot, so no ballot
drawing is required.
City Secretary/
City Council
12.01(d)
12.02(e)
+20th-
+45th
(47th)
day after
canvass
Tue
May 30
LAST DAY for mailing results of manual count to
SOS. Note: If +21st day is Sat, the deadline is
extended to Mon, but May 29 is Memorial Day,
a legal national holiday.
City Secretary 11.31(c) +21
(+25)
May 30 LAST DAY for EVBB to mail notice of outcome of
provisional vote for canvassing on the last day.
Judge of EVBB
or
City Secretary
11.01(f) 10th day
after
canvass
Page 62
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
16
Date Action By or With
Whom Taken
M § ED
Interval
Mon
Jun 5
Type A cites: LAST DAY elected officials may
qualify and assume duties of office; if they fail to
qualify by this day, the office is considered
vacant.
Candidate with
City Secretary
11.23(a) +30
Thu
Jun 15
LAST DAY of mandatory office hours. City Secretary 6.80(a) +40
Thu
July 6
FIRST DAY for transfer of voted ballots from the
locked ballot box to another secure container.
City Secretary 11.70(e) +61
Fri
July 14
LAST DAY for timely filing of semiannual report
of contributions and expenditures.
City Secretary 3.12(b) July 15
Fri
Mar 7
2025
Last day of preservation period for ballots and
other precinct election records of city election,
except for candidate applications.
City Secretary 11.71(c) +22
months
Wed
May 6
2025
Last day of preservation period for candidate
applications and certain petitions.
City Secretary 11.71(d) +2
years
Endnotes
1. The following information must be posted on a city’s website [M §2.13(d)], if the city maintains
a website [M §1.53]: (1) the city’s contact information, including a mailing address, telephone
number, and e-mail address; (2) each elected officer of the city; (3) the date and location of
the next election for officers of the city; (4) the requirements and deadline for filing for
candidacy of each elected office of the city for the next election (posted one year prior to the
date of that election); (5) notice of city council meetings; and (6) minutes of city council
meetings. A city with population of less than 5,000 located in a county with population of less
than 25,000 does not have to post (5) and (6). [GC §2051.201].
2. The city’s governing body may choose to conduct a mock student election under EC §276.007.
The major steps taken for a general election should be taken for a student election. The
student election may be held on the first day before the election, but results must not be
published until after the polls close on election day.
3. Follow home-rule city’s charter provision, if any.
4. If a candidate on the ballot dies on or before the filing deadline, the City Secretary MAY
choose to remove the candidate from the ballot, in which case, the filing deadline is extended
5 days. If that extended filing deadline for filing falls on a weekend or holiday, it moves to the
next business day. Withdrawal deadlines after the extended filing deadlines will be impacted.
Page 63
Item 3.
*An asterisk in Column 5 “ED Interval” is a time not statutorily required; EC §1.006 does not apply.
17
5. See Texas Ethics Commission rules [1 TAC §18.31] for the full list of threshold reporting dollar
amounts. The following is a summary of the most common ones [M Ch. 3], which should be
updated in January 2023:
Election
Code §
Threshold Description Original
Amount
2022
Amount
2023
Amount
253.031(b) PAC: amount of contributions or
expenditures permitted before
appointment of treasurer is required.
$500 $920 TBD
254.036 Electronic Filing Exemption: amount at or
below which a filer may qualify.
$20,000 $28,800 TBD
254.095 Local officeholders, contributions:
amount over which reporting is required.
$500 $940 TBD
254.181
254.182
254.183
Candidate or specific-purpose PAC,
modified reporting: contribution or
expenditure amount at or below which
filers may avoid pre-election reports.
$500 $940 TBD
6. Election Code national and legal state holidays in the May 2023 election cycle are:
Holiday Date
New Year’s Day January 1
Martin Luther King Day (3rd Monday of January) January 16
Confederate Heroes Day January 19
President’s Day/Washington’s Birthday (3rd Monday of February) February 20
Texas Independence Day March 2
Good Friday (not an Election Code holiday*) April 7
Easter (not an Election Code holiday*) April 9
San Jacinto Day April 21
Battle of Flowers Parade (not an Election Code holiday*) April 28
Memorial Day (last Monday of May) May 29
Emancipation Day/Juneteenth June 19
Independence Day July 4
* EC §31.122 requires the city secretary to be open at least 3 hours each day “during regular
office hours, on regular business days” during the period identified on the above calendar.
EC 1.006 provides that if the last day for performance of an act is a Sat, Sun, or legal state or
national holiday, the act is timely if performed on the next regular business day, except as
otherwise provided by this code.” The phrase “next regular business day” is not statutorily
defined; therefore, a city may define its own regular business day. SOS may not agree; consult
the city attorney.
Page 64
Item 3.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Bob Scott, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Ordering May Special Election – Crime Control & Prevention District
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon an ordinance by the Town Council, acting as the Board of Directors of the
Crime Control and Prevention District, ordering a Special Election to be held May 6, 2023, for the
purpose of submitting to the qualified voters a referendum on the continuation of the Town of
Prosper Crime Control and Prevention District for twenty (20) years, and a sales and use tax at
the rate of one-fourth of one percent dedicated to crime control and prevention programs.
Description of Agenda Item:
In September 2022, Town staff received notification that the Crime Control and Prevention District
would be dissolved on September 30, 2023, unless the district holds a continuation or dissolution
referendum prior to said end date. At the October 11, 2022, Town Council Work Session, the
Town Council expressed their desire to appoint an Ad Hoc Committee to provide a
recommendation/charge on the continuation of said district. Therefore, at the October 25 Town
Council meeting, the Town Council appointed the Ad Hoc Committee.
The Ad Hoc Committee met and held meetings to review and discuss the charge given, and
review and approve the ballot language to be considered by the Town Council. At the November
16, 2022, Committee meeting, the recommendation was to take to the voters by Special Election
a renewal of the district to twenty (20) years, and a sales and use tax at the rate of one-fourth of
one percent dedicated to crime control and prevention programs.
In accordance with Texas Election Law, the Town Council is responsible for ordering the Special
Election to be held on the Uniform Election Date in May for the purpose of submitting to the
qualified voters a referendum on the continuation of the Town of Prosper Crime Control and
Prevention District for twenty (20) years, and a sales and use tax at the rate of one-fourth of one
percent dedicated to these service programs. The Town will jointly contract with Collin County
and Denton County to conduct the election.
Budgetary Impact:
Cost estimates are based on participating local entities and percentage of registered voters within
the Town of Prosper. These costs are subject to change until all entities are confirmed by both
counties. The cost of this Election is held in conjunction with the General Election services, which
Prosper is a place where everyone matters.
TOWN SECRETARY
Page 65
Item 4.
Page 2 of 2
are funded through account 100-5460-10-02, Election Expenses. The estimated cost for Collin
County is $14,500.71 and the cost for Denton County is estimated not to exceed $7,000.00.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously reviewed the standard contracts,
and approved the ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council acting as the Board of Directors of the Crime Control
and Prevention District, order a Special Election to be held May 6, 2023, for the purpose of
submitting to the qualified voters a referendum on the continuation of the Town of Prosper Crime
Control and Prevention District for twenty (20) years, and a sales and use tax at the rate of one-
fourth of one percent dedicated to crime control and prevention programs.
Proposed Motion:
I move to approve an ordinance ordering a Special Election to be held May 6, 2023, for the
purpose of submitting to the qualified voters a referendum on the continuation of the Town of
Prosper Crime Control and Prevention District for twenty (20) years, and a sales and use tax at
the rate of one-fourth of one percent dedicated to crime control and prevention programs.
Page 66
Item 4.
TOWN OF PROSPER, TEXAS ORDER NO. 2023-XX
AN ORDER OF THE BOARD OF DIRECTORS OF THE TOWN OF PROSPER
CRIME CONTROL AND PREVENTION DISTRICT, ORDERING A SPECIAL
ELECTION TO BE HELD ON MAY 6, 2023, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF THE DISTRICT COMPRISING
THE TOWN OF PROSPER A REFERENDUM ON THE CONTINUATION OF THE
TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT FOR
TWENTY (20) YEARS AND A SALES AND USE TAX AT THE RATE OF ONE-
FOURTH OF ONE PERCENT DEDICATED TO CRIME CONTROL AND
PREVENTION PROGRAMS; PROVIDING FOR ELECTION PROCEDURES AND
OFFICERS; ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH SPECIAL ELECTION;
PROVIDING BALLOT PROPOSITION LANGUAGE; AUTHORIZING
NECESSARY ACTIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Directors of the Town of Prosper Crime Control and Prevention
District (the “District”) is the governing board of a district validly created pursuant to Chapter 363
of the Texas Local Government Code; and
WHEREAS, on May 5, 2018, the eligible voters of the District approved a ballot proposition
to adopt the District and approve a District sales and use tax at a rate of one-fourth of one percent
(1/4 of 1%) as authorized by Chapter 363 of the Texas Local Government Code and Section
321.108 of the Texas Tax Code; and
WHEREAS, the District will be dissolved on September 30, 2023, unless the District holds
a continuation referendum prior to the end date; and
WHEREAS, pursuant to Section 363.251 and Section 363.2515 of the Texas Local
Government Code, the Board of Directors of the District may order a referendum on its own motion
by a majority vote of its members on the continuation of the District for a period of twenty (20)
years; and
WHEREAS, in accordance with Chapter 321 of the Texas Tax Code, the combined rate
of all local sales and uses taxes imposed by the Town will not exceed two percent (2%); and
WHEREAS, Section 41.001 of the Texas Election Code, as amended, establishes
Saturday. May 6, 2023, as a uniform election date for the purposes of conducting a special
election; and
WHEREAS, the Town intends to contract with Collin County and Denton County for
election services, administration, and equipment pursuant to Section 31.092(a) and Chapter 271
of the Texas Election Code, as amended; and
WHEREAS, the Board of Directors of the District desires to hold such referendum on the
continuation of the District and the District sales and use tax on the upcoming uniform election
date of May 6, 2023.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE
TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT THAT:
Page 67
Item 4.
Order No. 2023-___, Page 2
SECTION 1
A Special Election in the District, comprising the Town of Prosper, Texas, as prescribed
by Chapter 363 of the Texas Local Government Code and Chapter 321 of the Texas Tax Code,
shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, May 6, 2023, for the
purpose of considering the continuation of the District and its sales and use tax at the rate of one-
fourth of one percent dedicated to crime reduction and other programs authorized by Chapter 363
of the Texas Local Government Code.
SECTION 2
Qualified voters of the following election precincts shall cast ballots for the Special Election
at the heretofore established and designated Election Day polling places, as follows:
Town Precincts Polling Place
178, 199, 214, 224, 239 Prosper Town Hall Community Room
(Collin County) 250 W. First Street
Prosper, TX 75078
1016, 1017, 9102 Prosper Fire Station 2 Training Room
(Denton County) 1140 S. Teel Parkway
Prosper, TX 75078
Special Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the
Special Election, Saturday, May 6, 2023.
SECTION 3
Early voting by personal appearance for Denton County residents shall be available at the
Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from
Monday, April 24, 2023, through Saturday, April 29, 2023, from 8:00 a.m. – 5:00 p.m.; Sunday,
April 30, 2023, from 11:00 a.m. – 5:00 p.m.; and Monday, May 1, 2023, through Tuesday, May 2,
2023, from 7:00 a.m. - 7:00 p.m.
Early voting by personal appearance for Collin County residents shall be available at the
Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, from Monday,
April 24, 2023, through Friday, April 28, 2023, from 8:00 a.m. – 5:00 p.m.; Saturday, April 29,
2023, from 8:00 a.m. – 5:00 p.m.; and Monday, May 1, 2023, through Tuesday, May 2, 2023, from
7:00 a.m. - 7:00 p.m.
Qualified voters may vote at any of the additional Early Voting locations open under full
contract services with the Collin County Elections Administrator or the Denton County Elections
Administrator. This previous sentence shall also be posted in the Notice of Election.
SECTION 4
The Town Manager and Town Secretary are authorized to execute a contract for an
Election with the Denton County Election Department and the Collin County Election Department
for all election appointments, early voting by mail, the designated voting location(s) and hours of
operation, payments for election officials, and necessary election arrangements.
Page 68
Item 4.
Order No. 2023-___, Page 3
SECTION 5
The Town Secretary shall have the authority to approve any minor modifications as may
be necessary in the best interests of the Town and within the regulations of the Texas Election
Code. The early voting mail clerk for Collin County is: Bruce Sherbet, Early Voting Clerk, Collin
County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069
(election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips,
Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202
(elections@dentoncountx.gov).
SECTION 6
The Town Secretary is hereby authorized and directed to publish and/or post, in the time
and manner prescribed by law, all notices required to be so published and/or posted in connection
with the conduct of this Special Election. The Special Election, including providing notice of the
Special Election, shall be conducted in accordance with the Texas Election Code and other
applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote
at the Special Election.
SECTION 7
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out a nd
conducting the Special Election, whether or not expressly authorized herein.
SECTION 8
The official ballot for the special election shall conform to the Texas Election Code, as
amended, so as to permit the electors to vote “For” or “Against” the proposition. Said ballot shall
have printed therein such provisions, markings, and language as may be required by law, and
with the proposition being set forth on said ballot using the following form and language:
PROPOSITION A
FOR __________
AGAINST __________
“Whether the Town of Prosper Crime Control and Prevention District should
be continued for 20 years and the crime control and prevention district sales
tax should be continued for 20 years."
SECTION 9
The provisions of this Order are severable, so that the invalidity of one or more provisions
shall not affect the validity of those valid portions.
Page 69
Item 4.
Order No. 2023-___, Page 4
SECTION 10
This Order for a Special Election shall be effective from and after the passage of this
Order.
DULY PASSED AND APPROVED BY THE DIRECTORS OF THE PROSPER CRIME
CONTROL AND PREVENTION DISTRICT ON THE 14TH DAY OF FEBRUARY, 2023.
APPROVED:
______________________________
David F. Bristol, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 70
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Bob Scott, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Ordering May Special Election – Fire Control & Prevention District
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon an ordinance by the Town Council, acting as the Board of Directors of the
Fire Control, Prevention and Emergency Medical Services District, ordering a Special Election to
be held May 6, 2023, for the purpose of submitting to the qualified voters a referendum on the
continuation of the Town of Prosper Fire Control, Prevention and Emergency Medical Services
District for twenty (20) years, and a sales and use tax at the rate of one-fourth of one percent
dedicated to fire safety and emergency medical services programs.
Description of Agenda Item:
In September 2022, Town staff received notification that the Fire Control, Prevention, and
Emergency Medical Services District would be dissolved on September 30, 2023, unless the
district holds a continuation or dissolution referendum prior to said end date. At the October 11,
2022, Town Council W ork Session, the Town Council expressed their desire to appoint an Ad
Hoc Committee to provide a recommendation/charge on the continuation of said district.
Therefore, at the October 25 Town Council meeting, the Town Council appointed the Ad Hoc
Committee.
The Ad Hoc Committee met and held meetings to review and discuss the charge given, and
review and approve the ballot language to be considered by the Town Council. At the November
16, 2022, Committee meeting, the recommendation was to take to the voters by Special Election
a renewal of the district for twenty (20) years, and a sales and use tax at the rate of one-fourth of
one percent dedicated to fire safety and emergency medical services programs.
In accordance with Texas Election Law, the Town Council is responsible for ordering the Special
Election to be held on the Uniform Election Date in May for the purpose of submitting to the
qualified voters a referendum on the continuation of the Town of Prosper Fire Control, Prevention
and Emergency Medical Services District for twenty (20) years, and a sales and use tax at the
rate of one-fourth of one percent dedicated to these service programs. The Town will jointly
contract with Collin County and Denton County to conduct the election.
Budgetary Impact:
Cost estimates are based on participating local entities and percentage of registered voters within
the Town of Prosper. These costs are subject to change until all entities are confirmed by both
Prosper is a place where everyone matters.
TOWN SECRETARY
Page 71
Item 5.
Page 2 of 2
counties. The cost of this Election is held in conjunction with the General Election services, which
are funded through account 100-5460-10-02, Election Expenses. The estimated cost for Collin
County is $14,500.71 and the cost for Denton County is estimated not to exceed $7,000.00.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously reviewed the standard contracts,
and approved the ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance, acting as the Board of Directors
of the Fire Control, Prevention and Emergency Medical Services District, order a Special Election
to be held May 6, 2023, for the purpose of submitting to the qualified voters a referendum on the
continuation of the Town of Prosper Fire Control, Prevention and Emergency Medical Services
District for twenty (20) years, and a sales and use tax at the rate of one-fourth of one percent
dedicated to fire safety and emergency medical services programs.
Proposed Motion:
I move to approve an ordinance ordering a Special Election to be held May 6, 2023, for the
purpose of submitting to the qualified voters a referendum on the continuation of the Town of
Prosper Fire Control, Prevention and Emergency Medical Services District for twenty (20) years,
and a sales and use tax at the rate of one-fourth of one percent dedicated to fire safety and
emergency medical services programs.
Page 72
Item 5.
TOWN OF PROSPER, TEXAS ORDER NO. 2023-XX
AN ORDER OF THE BOARD OF DIRECTORS OF THE TOWN OF PROSPER
FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES
DISTRICT, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 6, 2023,
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE
DISTRICT COMPRISING THE TOWN OF PROSPER A REFERENDUM ON THE
CONTINUATION OF THE TOWN OF PROSPER FIRE CONTROL,
PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT FOR
TWENTY (20) YEARS AND A SALES AND USE TAX AT THE RATE OF ONE-
FOURTH OF ONE PERCENT DEDICATED TO FIRE SAFETY AND
EMERGENCY MEDICAL SERVICES PROGRAMS; PROVIDING FOR
ELECTION PROCEDURES AND OFFICERS; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH
SUCH SPECIAL ELECTION; PROVIDING BALLOT PROPOSITION
LANGUAGE; AUTHORIZING NECESSARY ACTIONS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Directors of the Town of Prosper Fire Control, Prevention and
Emergency Medical Services District (the “District”) is the governing board of a district validly
created pursuant to Chapter 3443 of the Texas Local Government Code; and
WHEREAS, on May 5, 2018, the eligible voters of the District approved a ballot proposition
to adopt the District and approve a District sales and use tax at a rate of one-fourth of one percent
(1/4 of 1%) as authorized by Chapter 344 of the Texas Local Government Code and Section
321.108 of the Texas Tax Code; and
WHEREAS, the District will be dissolved on September 30, 2023, unless the District holds
a continuation referendum prior to the end date; and
WHEREAS, pursuant to Section 344.251 of the Texas Local Government Code, the Board
of Directors of the District may order a referendum on its own motion by a majority vote of its
members on the continuation of the District for a period of twenty (20) years; and
WHEREAS, in accordance with Chapter 321 of the Texas Tax Code, the combined rate
of all local sales and uses taxes imposed by the Town will not exceed two percent (2%); and
WHEREAS, Section 41.001 of the Texas Election Code, as amended, establishes
Saturday. May 6, 2023, as a uniform election date for the purposes of conducting a special
election; and
WHEREAS, the Town intends to contract with Collin County and Denton County for
election services, administration, and equipment pursuant to Section 31.092(a) and Chapter 271
of the Texas Election Code, as amended; and
WHEREAS, the Board of Directors of the District desires to hold such referendum on the
continuation of the District and the District sales and use tax on the upcoming uniform election
date of May 6, 2023.
Page 73
Item 5.
Order No. 2023-___, Page 2
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE
TOWN OF PROSPER FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL
SERVICES DISTRICT THAT:
SECTION 1
A Special Election in the District, comprising the Town of Prosper, Texas, as prescribed
by Chapter 344 of the Texas Local Government Code and Chapter 321 of the Texas Tax Code,
shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, May 6, 2023, for the
purpose of considering the continuation of the District and its sales and use tax at the rate of one-
fourth of one percent dedicated to fire safety and emergency medical services programs
authorized by Chapter 344 of the Texas Local Government Code.
SECTION 2
Qualified voters of the following election precincts shall cast ballots for the Special Election
at the heretofore established and designated Election Day polling places, as follows:
Town Precincts Polling Place
178, 199, 214, 224, 239 Prosper Town Hall Community Room
(Collin County) 250 W. First Street
Prosper, TX 75078
1016, 1017, 9102 Prosper Fire Station 2 Training Room
(Denton County) 1140 S. Teel Parkway
Prosper, TX 75078
Special Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the
Special Election, Saturday, May 6, 2023.
SECTION 3
Early voting by personal appearance for Denton County residents shall be available at the
Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from
Monday, April 24, 2023, through Saturday, April 29, 2023, from 8:00 a.m. – 5:00 p.m.; Sunday,
April 30, 2023, from 11:00 a.m. – 5:00 p.m.; and Monday, May 1, 2023, through Tuesday, May 2,
2023, from 7:00 a.m. - 7:00 p.m.
Early voting by personal appearance for Collin County residents shall be available at the
Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, from Monday,
April 24, 2023, through Friday, April 28, 2023, from 8:00 a.m. – 5:00 p.m.; Saturday, April 29,
2023, from 8:00 a.m. – 5:00 p.m.; and Monday, May 1, 2023, through Tuesday, May 2, 2023, from
7:00 a.m. - 7:00 p.m.
Qualified voters may vote at any of the additional Early Voting locations open under full
contract services with the Collin County Elections Administrator or the Denton County Elections
Administrator. This previous sentence shall also be posted in the Notice of Election.
Page 74
Item 5.
Order No. 2023-___, Page 3
SECTION 4
The Town Manager and Town Secretary are authorized to execute a contract for an
Election with the Denton County Election Department and the Collin County Election Department
for all election appointments, early voting by mail, the designated voting location(s) and hours of
operation, payments for election officials, and necessary election arrangements.
SECTION 5
The Town Secretary shall have the authority to approve any minor modifications as may
be necessary in the best interests of the Town and within the regulations of the Texas Election
Code. The early voting mail clerk for Collin County is: Bruce Sherbet, Early Voting Clerk, Collin
County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069
(election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips,
Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202
(elections@dentoncountx.gov).
SECTION 6
The Town Secretary is hereby authorized and directed to publish and/or post, in the time
and manner prescribed by law, all notices required to be so published and/or posted in connection
with the conduct of this Special Election. The Special Election, including providing notice of the
Special Election, shall be conducted in accordance with the Texas Election Code and other
applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote
at the Special Election.
SECTION 7
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and
conducting the Special Election, whether or not expressly authorized herein.
SECTION 8
The official ballot for the special election shall conform to the Texas Election Code, as
amended, so as to permit the electors to vote “For” or “Against” the proposition. Said ballot shall
have printed therein such provisions, markings, and language as may be required by law, and
with the proposition being set forth on said ballot using the following form and language:
PROPOSITION B
FOR __________
AGAINST __________
“Whether the Town of Prosper Fire Control, Prevention and Emergency
Medical Services District should be continued for 20 years, and the fire
control, prevention and emergency medical services district sales tax should
be continued for 20 years."
Page 75
Item 5.
Order No. 2023-___, Page 4
SECTION 9
The provisions of this Order are severable, so that the invalidity of one or more provisions
shall not affect the validity of those valid portions.
SECTION 10
This Order for a Special Election shall be effective from and after the passage of this
Order.
DULY PASSED AND APPROVED BY THE DIRECTORS OF THE PROSPER CRIME
CONTROL AND PREVENTION DISTRICT ON THE 14TH DAY OF FEBRUARY, 2023.
APPROVED:
______________________________
David F. Bristol, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 76
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Prosper Parks and Recreation
Through: Bob Scott, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Perry Weather Consulting Inc. Software
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon approving the purchase of a subscription for weather alert software (web
+ mobile) from Perry Weather Consulting, Inc., for Frontier Park, Folsom Park, and Eagles Landing
Park, and authorizing the Interim Town Manager to execute documents for the same.
Description of Agenda Item:
The software allows the Town to receive important information about incoming weather through
emails and texts. When lightning strikes within the guidelines that we set, the strobe lights and
horns are activated. The strobe lights continue until no lightning has been detected for 30 minutes.
If lightning is detected before the 30 minutes is up, it will restart the count down. We have access
to radars and a P.A. system as well. The P.A. system has a pre-recorded message telling people
to leave the fields. We can also use the system in the event of a missing child alert and / or other
emergencies. Staff can input as many cell phone numbers as we want to receive lighting, wind,
and storm warnings in real time. Staff, coaches, and league board members are typically who
receive theses notifications. A new feature added this year is a website widget. This will direct
parents and coaches to go to our web page and find out about Town field closings.
Budget Impact:
Total cost for data, software, and fees is $25,740. This agreement is for three years and annual
funding in the amount of $8,580 which has been budgeted in FY 2022-2023 and will be budgeted
in subsequent fiscal years for data, software, and fees.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Quote
2. Terms & Conditions
Prosper is a place where everyone matters.
PARKS AND
RECREATION
Page 77
Item 6.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that Council approve the purchase of a subscription for weather alert
software (web + mobile) from Perry Weather Consulting, Inc., for Frontier Park, Folsom Park, and
Eagles Landing Park, and authorizing the Interim Town Manager to execute documents for the
same.
Proposed Motion:
I move to approve the purchase of a subscription for weather alert software (web + mobile) from
Perry Weather Consulting, Inc., for Frontier Park, Folsom Park, and Eagles Landing Park, and
authorizing the Interim Town Manager to execute documents for the same.
Page 78
Item 6.
REV-20220308
ORDER FORM
CUSTOMER
Customer Name
Customer Address
Exempt from
Sales Tax?
If your entity is exempt from sales tax, please email an exemption certificate
to billing@perryweather.com to remove sales tax from your invoices.
Perry Weather Rep
PRIMARY CONTACT EMAIL INVOICES TO
Full Name Accounts Payable Email
Title Other Email(s)
Email
Phone
ORDER INFORMATION
Quote #
Itemized Pricing See attached quote
Initial Term: Start Date
Initial Term: End Date
Billing Frequency
Billing Method Email
Additional Notes
This Order Form is governed by the terms of Perry Weather Terms & Conditions (“PW Terms”) available at https://perryweather.com/legal-terms. The
PW Terms are hereby incorporated into this document by reference. Prices listed for products and services on the Quote and/or ordered hereunder may
not include any applicable taxes. Subscriptions purchased under this Order Form may be billed in advance according to the Billing Frequency listed
above and will renew according to the PW Terms. By signing below, you represent and warrant that you have the full authority to enter into this
Order and the PW Terms on behalf of Customer.
Customer:
Perry Weather:
By: __________________________________
By: __________________________________
Name: __________________________________
Name: __________________________________
Title: __________________________________ Title: __________________________________
DocuSign Envelope ID: E8834E90-65B9-4991-965A-164352CF0075
1/14/2026
Annual
Meredith Chapman
Town of Prosper
20221102-161659457
1/15/2023
1551 Frontier Pkwy
Prosper, TX 75078
James Skidmore
Chief Operating Officer
Page 79
Item 6.
To wn o f Prosper - Ren ewal Deal
Reference: 2 0 2 21102 -1616 5 9 4 57
Quote created: No vember 2, 2022
Quo te expires: January 31, 2023
Quote created by: Meredi th Chapman
meredi th@perryweather.co m
Products & Services
Item & Descriptio n Quantity Unit Price To tal
Software Subscri pti o n
Subscription to Perry Weather software (web +
m ob ile)
1 $8,580.00 / year $8,580.00 / year
f or 3 years
Subtotals
Annual subto tal $8,580.00
Total $8,580.00
Questio ns? Contact me
Meredi th Chapman
meredi th@perryweather.co m
Perry Weather
1355 Motor Ci rcl e
D al las, Texas 75207
Uni ted States
Town of Prosper
1240 Frontier Pkwy
Pro sper, TX 75078
Uni ted States
DocuSign Envelope ID: E8834E90-65B9-4991-965A-164352CF0075
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Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Bob Scott, Interim Town Manager
Re: GT Distributor, Inc. - Public Safety Purchases
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon approving the purchase of Public Safety, Firehouse Supplies, and
Equipment through the Texas Local Government Purchasing Cooperative from GT Distributors,
Inc.
Description of Agenda Item:
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in
the cooperative purchasing program allows our local government to purchase goods and services
from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive
bidding requirements.
This purchase will allow Town Departments to process purchase orders as needed for Public
Safety, Firehouse Supplies, and Equipment.
Budget Impact:
The estimated annual expenditure for these items is $125,000.00 and will be funded through the
FY23 operating budget.
Attached Documents:
1. Buyboard Vendor Contract Information Summary
Town Staff Recommendation:
Town Staff recommends approving the purchase of Public Safety, Firehouse Supplies, and
Equipment through the Texas Local Government Purchasing Cooperative from GT Distributors,
Inc.
Prosper is a place where everyone matters.
FIRE DEPARTMENT
Page 89
Item 7.
Page 2 of 2
Proposed Motion:
I move to approve the purchase of Public Safety, Firehouse Supplies, and Equipment through
the Texas Local Government Purchasing Cooperative from GT Distributors, Inc.
Page 90
Item 7.
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Item 7.
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Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Chuck Ewings, Executive Director of Development and Infrastructure
Services
Bob Scott, Interim Town Manager
Re: SCADA System
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon approving a unit price, as needed contract, between DHS Automation INC.,
a sole source provider, and the Town of Prosper, Texas, related to SCADA, maintenance, and
water and wastewater electrical services and repair; and authorizing the Interim Town Manager to
execute documents for the same.
Description of Agenda Item:
Due to the integral workings of both the SCADA systems and electrical components of our water
and wastewater system, this contract is essential to continue the safe and efficient service for our
residents. DHS Automation INC., who had serviced the Town of Prosper for over seventeen years,
will maintain our SCADA design systems, panels & components with PLC’s, telemetry radio and
devices, HMI computers, and other software and SCADA related components. DHS Automation,
INC. will also assist with water and wastewater electrical services and repairs which include all
water and wastewater pumps, electrical needs, and controls associated with water distribution and
wastewater collection SCADA equipment.
The service and maintenance contract includes a monthly amount of $3,750.00, or $45,000.00
annually, which will be paid with water and wastewater funds. Additional costs associated with
repairs and maintenance of the system, will be charged per contract pricing.
This purchase falls within the definition of a procurement that is available from only one source
(Chapter 252 of the Local Government Code) and is exempt from competitive bidding
requirements.
Budget Impact:
The annual cost for the contracted services will be funded from 200-5480-50-03 (Wastewater
Contracted Services), 200-5680-50-03 (Wastewater Lift Station Expense) and 200-5480-50-01
(Water Contracted Services). The estimated expenditure for this four-year contract is $150,000.00,
Prosper is a place where everyone matters.
PUBLIC WORKS
Page 93
Item 8.
Page 2 of 2
annually. Existing funding will be utilized, and subsequent annual expenditures will be subject to
appropriations funded in future fiscal years.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. DHS Automation INC. Service Maintenance Contract
2. Sole Source Letter
Town Staff Recommendation:
Town staff recommends approving a unit price, as needed contract, between DHS Automation
INC., a sole source provider, and the Town of Prosper, Texas, related to SCADA, maintenance,
and water and wastewater electrical services and repair; and authorizing the Interim Town
Manager to execute documents for the same.
Proposed Motion:
I move to approve a unit price, as needed contract, between DHS Automation INC., a sole source
provider, and the Town of Prosper, Texas, related to SCADA, maintenance, and water and
wastewater electrical services and repair; and authorize the Interim Town Manager to execute
documents for the same.
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Item 8.
Contract No. DHS_SMC2022-05
AGREEMENT FOR SCADA SERVICE & MAINTENANCE CONTRACTOR
(Town of Prosper, Texas)
This Agreement for Contractor Services (“Agreement”) is entered into by and between Town of Prosper,
TX, a Township/City of the State of Texas (the “Town”), and DHS AUTOMATION, INC., a Texas SCADA
(“Contractor”). Together, the Town and Contractor are referred to herein as the “Parties.”
Recitals
WHEREAS, the Town seeks to engage Contractor to provide services on an as-needed basis to ensure the
proper and continued operation of Town facilities and services; and
WHEREAS, Contractor has agreed to be available and provide such services at all times on an as-needed
basis for and on behalf of the Town in accordance with the terms and conditions set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, it is
agreed as follows:
1. Scope of Services. Contractor hereby contracts and agrees to provide all labor, equipment, tools,
machinery, transportation, storage, supervision and services of the general type set forth in Exhibit
“A” attached hereto (the “Services”). The Services shall be performed by Contractor in accordance
with all applicable regulatory requirements.
2. Availability.
a. As-Needed Basis. The Contractor agrees that it shall provide the Services on an as-needed basis
and shall be available 24 hours per day, seven (7) days per week, throughout the term of this
Agreement. The Town may contact the Contractor by telephone or by electronic mail as follows
in order to request the Services:
Telephone: 817-205-9288 or 817-205-8142
Electronic Mail: Herschel@DHSAutomation.com
Contractor personnel shall be available at all times to respond and perform the Services without
delay.
b. Time of Performance. Time is of the essence of this Agreement and with regard to Contractor’s
performance of the Services. Contractor shall immediately commence and proceed with the
performance of the Services with diligence upon receipt of a request by the Town.
3. Performance by Contractor.
a. Contractor’s General Obligations. Contractor agrees to perform the Services diligently, using
the Contractor’s best skill and attention, and in compliance with the highest applicable industry
standards. The Services will be performed by Contractor in a good and workmanlike manner.
Contractor will also be responsible for proper storage and security for all equipment and materials
required for the Services. Contractor will supervise and direct the performance of the Services
using its best skill and attention, in a manner commensurate with the usual standards of its
profession. Contractor will be solely responsible for all services, means, methods, techniques,
sequences and procedures and for coordinating all portions of the construction.
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Item 8.
Contract No. DHS_SMC2022-05
b. Labor and Materials. Contractor shall furnish at its own cost and expense all services, labor,
equipment, materials, tools, transportation, facilities, and all other things necessary for the proper
execution and completion of the Services.
c. Supervision and Construction Procedures; Safety. Contractor shall be solely responsible for
and have control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Services. Contractor shall be responsible to the Townt for acts and
omissions of Contractor’s employees, subcontractors and their agents and employees, and any
other persons or entities performing portions of the Services for or on behalf of Contractor or any
of its subcontractors. Contractor shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the performance of the Services.
Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection
to prevent damage, injury or loss to: (a) employees and other persons present on the Property or
performing the Services, (b) the materials and equipment used in the performance of the Services,
and (c) other real and personal property at the site or adjacent thereto.
d. Compliance with Laws. Contractor shall give notices and comply with applicable laws,
ordinances, rules, regulations, and lawful orders of public authorities related to t he performance of
the Services, including those bearing on safety of persons and property and their protection from
damage, injury or loss. Contractor shall promptly remedy damage and loss to property caused in
whole or in part by Contractor, a subcontrac tor, a sub-subcontractor or anyone directly or
indirectly employed by any of them, or by anyone for whose acts they may be liable for and for
which Contractor is responsible hereunder, except for damage or loss attributable to acts or
omissions of the Town and not attributable to the fault or negligence of Contractor.
e. Payment to Subcontractors. Contractor shall promptly pay each subcontractor and supplier,
upon receipt of payment from the Town, out of the amount paid to Contractor on account of such
subcontractor’s or supplier’s portion of the Services, the amount to which such subcontractor or
supplier is entitled, reflecting percentages actually retained from payments to Contractor on
account of such subcontractor’s or supplier’s portion of the Services. Contractor shall, by
appropriate agreement with each subcontractor, require each subcontractor to make payments to
sub-subcontractors in similar manner. The Town shall have no obligation to pay or see to the
payment of money to a subcontractor or supplier except as may otherwise be required by law.
f. Warranties of the Services; Correction of Defective Services. Contractor warrants to the Town
that the performance of the Services will be free from defects not inherent in the quality required
or permitted and that the performance of the Services will comply with applicable laws and
regulations. Services not conforming to these requirements may be considered defective. The
foregoing warranties shall commence on the date of final completion of the Services and
acceptance by the Town (the “Completion Date”). Contractor shall promptly correct any Services
determined by the Town to be defective or to fail to conform to the requirements of this
Agreement, whether discovered before or after the Completion Date. Costs of correcting such
defective or nonconforming Services shall be at Contractor’s expense. In addition to the
foregoing, if, within one year after the date for commencement of warranties established herein,
any of the Services is deemed by the Town not to be in accordance with the requirements of this
Agreement; Contractor shall correct it promptly after receipt of written notice from the Town to do
so. Contractor further agrees to perform the Services in such manner so as to preserve any and all
manufacturer’s warranties associated with the materials. The provisions of this Section shall
survive final completion of the Services or any earlier termination of this Agreement.
g. Cleaning Up. Contractor will confine its activities to areas designated by the Town and must
maintain these areas in a neat and clean condition. All excess material and trash generated from
the prosecution of the Services will be neatly stockpiled in the area designated by the Town and
removed from the site as frequently as necessary to maintain the site in a neat and safe condition.
Upon the completion of any portion of the Services, Contractor will remove all equipment,
materials, supplies, and temporary structures from the area of the completed portion and leave the
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Contract No. DHS_SMC2022-05
area in a neat and clean condition. Contractor will also keep all adjacent properties, public or
private, free of dirt, trash, debris, or other materials relating to or resulting from the prosecution of
the Services. At completion of the Services, Contractor shall remove from and about the job site
and surrounding area waste materials, rubbish, Contractor’s tools, construction equipment,
machinery, and surplus material.
h. Contractor’s Representations and Additional Warranties. Contractor represents and warrants
to the Town that:
i. Contractor is authorized and licensed, if applicable, to perform the Services in Texas;
ii. Contractor has the full right, power, legal capacity and authority to enter into, execute
and deliver this Agreement and to perform the obligations to be performed by Contractor
or Agents hereunder;
iii. Contractor is not parties to or bound by any agreement or contract or subject to any
restrictions that would prevent the Contractor from entering into and performing the
obligations under this Agreement.
4. Prevailing Wages. The Town is subject to the provisions of Chapter 2258, Subchapter B, Texas
Government Code, pertaining to prevailing wage rates. In accordance with Section 49.279, Texas
Water Code, the Town specifies the prevailing wage rate for public workers of Collin County as the
Towns’ prevailing wage rate. Contractor agrees to pay not less than the specified prevailing wage rate
to workers employed by it in the execution of the Services, and to comply with all applicable
provisions of Chapter 2258, Subchapter B, Texas Government Code, including the recordkeeping
required thereunder.
5. Payment. Payment for the Services shall be made to Contractor by the Town as provided herein
below.
a. Total Compensation. The Town shall pay Contractor for the performance of the Services on a
time and materials basis at the rates set forth in Exhibit “B” to this Agreement.
b. Invoice for Payment. Contractor shall submit its application for payment upon final completion
of any Services by Contractor and acceptance by the Town.
c. The Town’s Right to Withhold Payment. The Town shall be entitled to withhold payment from
Contractor to the extent reasonably necessary to protect the Town as a result of (a) defective
Services not remedied, (b) third party claims filed or reasonable evidence indicating probable
filing of such claims unless security acceptable to the Town is provided by the Contractor, (c)
failure of the Contractor to make payments properly to subcontractors or for labor, materials or
equipment, or (d) damage to the Town or another contractor.
d. Sales Tax. The Town is a tax-exempt, political subdivision of the State of Texas. Accordingly,
no sales tax will be charged to the Town or included in the Contract Sum.
e. PRICE ESCALATION: Unless otherwise stated in the specifications herein, prices must remain
firm for the initial term of the contract. The contracted vendor may request an adjustment at the
time of contract renewal by submitting a request in written form to the Purchasing Manager. Basis
for price escalation should be based on the Consumer Price Index for the most recent twelve -
month period reported for the Dallas-Fort Worth area. The contracted vendor shall provide the
Town with copies of the appropriate indices for verification purposes. The Town of Prosper
reserves the right to approve or reject any and all requests for price escalations.
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6. Termination. This Agreement will continue in effect unless terminated by either Party as provided
herein below.
a. Termination of the Agreement by the Town. The Town may terminate the Agreement at any
time for convenience (without cause) or for cause (due to Contractor’s material breach). In the
event of termination, Contractor shall be paid for the Services properly executed in accordance
with the Agreement prior to the effective date of termination. The Town shall not be responsible
for damages or recoveries arising from the termination of the Agreement.
b. Termination of the Agreement by Contractor. Contractor may terminate the Agreement only
for cause (due to the Town’s material breach). Contractor may deliver a written notice of
termination of the Agreement to the Town setting forth in reasonable detail the basis for such
termination and providing the Town with a period of not less than ten (10) calendar days to cure
such default. If the Town fails to cure the default within the time period stated in the initial notice
of termination letter, Contractor may terminate the Agreement no less than five (5) cal endar days
following delivery of a final notice of termination letter to the Town. In the event of Contractor’s
termination for cause, Contractor shall be entitled to recover payment for the Services properly
executed in accordance with the Agreement prior to the effective date of termination (to the extent
not previously paid to or for the benefit of Contractor . The Town shall not be responsible for
damages or recoveries arising from the termination of the Agreement.
c. Survival of Obligations following Termination. Except as may be expressly agreed in writing
by the Parties, all warranty obligations or other obligations of the Contractor to complete or repair
defective Services arising under the Agreement shall survive any termination of such Agreement
(other than Contractor’s termination of the Agreement for cause). Further, in the event of
termination for any reason and by any Party, Contractor agrees to comply with the Town
directives regarding the return of all materials purchased by the Town. Contractor shall provide
reasonable cooperation to the Town in effecting a smooth and orderly transition of all matters that
were being handled by Contractor prior to termination. All records, including all documents,
articles or items that may be supplied by the Town to Contractor, shall be and remain the sole and
exclusive property of the Town and shall be surrendered to it upon demand (and, in any event,
within five (5) days of termination). Upon the termination of the Agreement (or this Agreement)
or upon the demand of the Town prior to termination, Contractor shall immediately deliver to the
Town at such place or places as may be designated by it, any and all other property of the Town in
its possession or under its control.
7. Relationship of Parties. The Parties understand and agree that Contractor shall provide the Services
to the Town as a non-exclusive independent contractor, with all of its attendant rights and liabilities,
and not as an agent or employee of the Town. Nothing in the Agreement or otherwise is intended or
will be construed to create a joint venture, partnership, employment or similar relationship. Neither
Contractor nor any of Contractor’s employees, representatives or agents will be deemed to be
employed by the Town or be eligible for any employee benefits from the Town and, except as may be
required by lawful authority, the Town will make no deductions or payment for taxes, insurance, bonds
or other sums. Neither Party shall have the authority to bind the other to any contract or agree ment
whatsoever. Nothing in the Agreement shall be interpreted as authorizing Contractor or Agents to act
for the Town in the collection of money, extension of credit, acceptance of service of process, or to
make any commitment that would bind the Town to any contract or agreement. Contractor has sole
authority and responsibility to hire, fire and otherwise controls its employees and neither Contractor
nor its employees are employees of the Town. Contractor acknowledges and agrees that nothing
herein shall entitle or render Contractor eligible to participate in any benefits or privileges provided by
the Town for its employees.
8. Taxes. Contractor agrees to timely withhold and pay all taxes and fees assessed on Contractor or
required of Contractor to pay or withhold to, for, or with respect to any person in connection with or
incident to the performance of the Agreement, by the United States, any state and any governmental
agency, as well as unemployment compensation insurance, social security, or any other taxes upon
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Contract No. DHS_SMC2022-05
Contractor. Contractor acknowledges that Contractor is responsible for payment of all income taxes,
including estimated quarterly payments. Contractor shall pay all sales tax for taxable materials and
labor or services (to the extent such labor or services are taxable) purchased by or furnished to
Contractor by its subcontractors and suppliers. All subcontracts shall be separated so that no sales tax
is incurred, charged or paid on non-taxable labor or services.
9. Insurance.
a. As an independent contractor, Contractor acknowledges that it is solely responsible for providing
its own insurance coverage, including, but not limited to, unemployment compensation and
workers’ compensation to its employees, and that such coverage shall be maintained by Contractor
in the statutory limits which are presently in effect or which may be in effect in each of the
applicable jurisdictions where Contractor will perform the Services. Without limiting the
foregoing, Contractor shall, at Contractor’s sole cost and expense, maintain the following
insurance with insurers satisfactory to the Town and with limits no less than those states as
follows:
i. Commercial General Liability insurance providing coverage against liability arising out
of or based on any act, error or omission of Contractor under this Agreement, with limits
of not less than $1,000,000 for each occurrence of bodily injury and property damage
liability, $1,000,000 general aggregate and products/completed operations coverage; and
ii. Business Automobile Liability insurance as required by the State of Texas, covering all
owned, hired, or non-owned vehicles. Automobile Liability is onl y required if vehicle{s}
will be used under this contract.
b. All of the above-listed insurance must be maintained in force throughout the term of this Contract
and must be written by insurance companies authorized to sell insurance where work is being
performed and have an A.M. Best’s rating of B++ VII or better. All insurance policies must
provide that they may not be cancelled or modified without 30 days’ prior written notice to the
Town and that they are primary and noncontributory over any insurance that may be carried by the
Town.
c. All such insurance shall be primary. All policies shall include a waiver of subrogation in favor of
the Town, and all policies shall require at least thirty (30) days prior written notice to the Town of
any intention to cancel, terminate or reduce coverage provided thereby. The Town shall be named
as additional insureds on the commercial general liability and business automobile liability
policies. Prior to the commencement of the Services, Contractor shall furnish to the Town a
Certificate of Insurance, endorsements, or evidence of coverage signed by authorized
representatives of the companies providing the coverage required under the terms of the
Agreement. Failure to secure the insurance coverages, or the failure to comply fully with any of
the insurance provisions of the Agreement as may be necessary to carry out the terms and
provisions of the Agreement shall be deemed to be a material breach of the Agreement. The lack
of insurance coverage does not reduce or limit Contractor’s responsibility to indemnify the Town
as set forth in the Agreement. Any and all deductibles and premiums associated with the above -
described insurance policies shall be assumed by, for the account of, and at the sole ris k of the
Contractor. The Town reserves the right to review the insurance coverage requirements of the
Agreement. Contractor shall require similar insurance levels from its sub -contractors and other
Agents.
d. As required by Section 406.096, Texas Labor Code, Contractor hereby certifies that Contractor
provides workers’ compensation insurance coverage for each employee of Contractor who will be
employed on the Project. Further, Contactor agrees that each subcontractor which Contractor
engages to perform work on the Project will be required to provide a written certification that the
subcontractor provides workers’ compensation insurance coverage for each employee of the
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Item 8.
Contract No. DHS_SMC2022-05
subcontractor who will be employed on the Project, and that Contractor will provide such
certification to the Town before the subcontractor performs any work on the Project.
10. Indemnity.
a. General Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW,
CONTRACTOR WILL INDEMNIFY AND HOLD THE TOWN AND ITS DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE
“INDEMNITEES”) HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSS,
AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ AND
CONSULTANTS’ FEES AND EXPENSES, ARISING OUT OF OR RESULTING FROM: (1)
THE PERFORMANCE OF THE SERVICES, ATTRIBUTABLE TO PERSONAL INJURY,
SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE
PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM, AND CAUSED
IN WHOLE OR IN PART BY ANY NEGLIGENT OR OTHER ACT OR OMISSION OF
CONTRACTOR, ANY SUBCONTRACTOR, OR ANY SUPPLIER, OR ANYONE, DIRECTLY
OR INDIRECTLY, EMPLOYED BY ANY OF THEM, OR ANYONE FOR WHOSE ACTS
ANY OF THEM MAY BE LIABLE, OR (2) THE FAILURE OF THE SERVICES TO BE FIT
FOR ITS INTENDED PURPOSE. THE OBLIGATIONS IN THIS PARAGRAPH
(A) APPLY WHETHER ALLEGED OR ACTUAL, NEGLIGENT, OR GROSS NEGLIGENT
ACTS OR OMISSIONS OR OTHER FAULT OF ANY INDEMNITEE CAUSED THE LOSS
IN WHOLE OR IN PART; PROVIDED HOWEVER, IN THE EVENT OF ANY JOINT OR
CONCURRENT LIABILITY BETWEEN AN INDEMNITEE AND CONTRACTOR,
CONTRACTOR’S OBLIGATIONS HEREIN WILL BE REDUCED BY THE
PERCENTAGE OF NEGLIGENCE OR FAULT APPORTIONED TO THE
INDEMNITEE; AND (B) INCLUDE WITHOUT LIMITATION, CLAIMS BY THE
CONTRACTOR’S CREW OR EMPLOYEES AGAINST THE INDEMNITEES. This
provision relating to indemnification shall survive the termination of this Agreement and may be
enforced by the Town, or its successors or assigns.
b. Indemnification for Defense Costs. CONTRACTOR’S OBLIGATION TO INDEMNIFY THE
TOWN AND INDEMNITEES AGAINST ANY ATTORNEYS’ FEES OR OTHER COSTS OR
EXPENSES INCURRED BY THE TOWN AND INDEMNITEES IN CONNECTION WITH
THE DEFENSE OF ANY CLAIMS OR CAUSES OF ACTION WITHIN THE SCOPE OF THIS
SECTION SHALL BE CONSTRUED AS A SEPARATE ITEM OF INDEMNIFICATION
WHICH SHALL BE AN ABSOLUTE OBLIGATION OF CONTRACTOR EVEN IF SUCH
CLAIMS OR CAUSES OF ACTION ARE INVALID OR GROUNDLESS.
11. Dispute Resolution/Mediation. The Parties agree to meet and confer in good faith on all matters of
common interest or all controversies, claims, or disputes which may arise under the Agreement. The
Parties agree that all disputes arising out of or relating to the Agreement that cannot be resolved
through informal conference will be submitted to mediation prior to exercising any judicial remedies.
12. Notices. All notices and correspondence pertaining to the Agreement shall be in writing delivered by
hand or certified mail, return receipt requested and postage prepaid, or by nationally recog nized courier
service, and shall be addressed as follows, unless a Party notifies the other in accordance with this
Section 12 of a change of address or other information provided herein:
If to the Town:
Town of Prosper
P.O. Box 307
Prosper, TX 75078
Attn: Director of Public Works
Telephone: (972) 347-9969
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Item 8.
Contract No. DHS_SMC2022-05
If to the Contractor:
DHS Automation, Inc.
615 W. White Dove St.
Azle, TX 76020
Attn: President
Telephone: (817)-205-9288
Notice shall be effective only upon receipt by the party being served, except notice shall be deemed
delivered and received seventy-two (72) hours after posting by the United States Post Office, by the method
described above.
13. General Provisions.
a. Assignment. This Agreement and Contractor’s obligation and duties to the Town hereunder are
not transferable or assignable by Contractor.
b. Waiver. Failure of the Town at any time to enforce any provisions of this Agreement shall not be
construed to be a waiver or relinquishment of the Towns rights granted hereunder or of the future
performance of such provision and the obligations of Contractor with respect thereto shall
continue in full force and effect. No provision of this Agreement will be deemed waived and no
breach excused unless such waiver or consent will be in writing and signed by the Party giving the
waiver or consent.
c. Choice of Law. This Agreement is made under, and will be enforced and construed in accordance
with the laws of the State of Texas. All claims, disputes or causes of action arising hereunder will
be resolved pursuant to Section 11 of this Agreement. Should, for any reason whatsoever, any
claim, dispute, or cause of action fail to be resolved pursuant to Section 1 1 of this Agreement,
such claim, dispute, or cause of action shall be filed in the court of competent jurisdiction in
Denton County, Texas, which venue shall be exclusive.
d. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
constitute one of the same Agreements. Faxed and electronic scanned signatures and
countersignatures shall be deemed originals for all purposes and proper evidence of assent o f this
Agreement.
e. Severability. If any provision of this Agreement is illegal, invalid, or unenforceable under present
or future laws, it is the intention of the parties that the remainder of this Agreement not be affected
thereby, and it is also the intention of the parties that, in lieu of each provision of this Agreement
that is illegal, invalid, or unenforceable, there be added as a part of this Agreement a provision as
similar in terms to the illegal, invalid, or unenforceable provision as is possible, and is legal, valid,
and enforceable.
f. Attorneys’ Fees. Any party to this Agreement who is the prevailing party in any legal proceeding
against any other party brought under or in connection with this Agreement or the subject matter
hereof will be additionally entitled to recover court costs and reasonable attorney’s fees, and all
other litigation expenses, including deposition costs, travel, and expert witness fees, from the
non-prevailing party.
g. Authority. Each party represents and warrants that it has the full right, power, and authority to
execute this Agreement and all related documents. Each person executing this instrument on
behalf of a party represents that he or she is an authorized representative of and has the authority
to sign this document on behalf the respective party.
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Contract No. DHS_SMC2022-05
h. Boycott Israel. For purposes of Chapter 2270 of the Texas Government Code, at the time of
execution and delivery of this Agreement, neither the Contractor, nor any wholly owned
subsidiary, majority-owned subsidiary, parent company or affiliate of Contractor, boycotts Israel.
The Contractor agrees that, except to the extent otherwise required by applicable federal law,
including, without limitation, 50 U.S.C. Section 4607, neither the Contractor, nor any wholly-
owned subsidiary, majority-owned subsidiary, parent company, or affiliate of the Contractor will
boycott Israel during the term of this Agreement. The terms “boycotts Israel” and “boycott Israel”
as used in this clause has the meaning assigned to the term “boycott Israel” in Section 808.001 of
the Texas Government Code.
i. Terrorist Organization. For purposes of Subchapter F of Chapter 2252 of the Texas
Government Code, at the time of execution and delivery of this Agreement, neither the Contractor,
nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the
Contractor, (i) engages in business with Iran, Sudan or any foreign terrorist organization as
described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter
2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller under
Sections 806.051, 807.051 or 2252.153 of the Texas Government Code. The term “foreign
terrorist organization” as used herein has the meaning assigned to such term in Section 2252.151
of the Texas Government Code.
14. Service & Maintenance Contract Price.
Monthly: $3,750.00
Bi Annual 5% discount: $21,375.00
Annual 10% discount: $40,500.00
Customer Purchase Order:_______________________________
[The remainder of this page intentionally left blank.]
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Item 8.
DHS AUTOMATION, INC. Contract No. DHS_SMC2022-05
EXHIBIT A
Description of Services: 24 Hours
*Scada Programming
*Scada design Systems, Panels & Components with Cad Drawings
(To include all PLC’s, Telemetry Radio’s & devices. HMI Computers, Software and
Scada related Components)
*Water & Waste Water Electrical Services & Repair
(To include all Water & Waste Water Pumps & Electrical Gear & Controls associated with
Water distribution & Waste Water Collections)
*24 Hour Phone Support for City Utility Employees
*Customer represented Engineer correspondence and assistance
(To include Meetings, Phone & Email correspondence for current & upcoming Project
design support and discussions)
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Item 8.
DHS AUTOMATION, INC. Contract No. DHS_SMC2022-05
EXHIBIT B
Applicable Rates and Charges: With Service Contract
*Scada Programming Hourly Rate: $150.00
*Scada design Systems, Panels & Components with Cad Drawings Hourly Rate: $150.00
(Unless bid Job & is included in Bid price)
*Scada Panel assembly Shop Hourly Rate: $55.00
*Electrical, Mechanical, Scada Services & Repair for Technician Hourly: $130.00
*Electrical, Mechanical, Scada Services & Repair for Helper Hourly Rate: $85.00
*After Hour & Holiday Rates: Regular Hourly Rates
*24 Hour Phone Support for City/Town/MUD Utility Employees per Call: Free
*Customer represented Engineer correspondence and assistance Hourly Rate: Free
(Engineer & design related Meetings Hourly Rate: $150.00
*All Material, Electrical & Mechanical Components Markup: 20 %
*Regular Service Truck Charge Flat Fee: $150
*3 Hour Minimum Charge per Service call out.
*2 Hour Minimum on Site response time for emergency repairs.
*Includes one of each Scada Panel Systems related Components on hand for emergency
repair of Scada System)
* Manufacture Parts and 2 Year Labor Warranty
(Note: Regular Service & Programming Hours: Monday through Friday 7:00 A.M to 5:00
P.M. excluding recognized Holidays.)
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Item 8.
Contract No. DHS_SMC2022-05
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date signed
by the last signatory hereto.
CONTRACTOR:
D.H.S. AUTOMATION, INC.
[Legal name of contractor]
(Corporate Seal)
Signature:
Printed Name: Herschel Henson
Title: President
Date:
TOWN:
TOWN OF PROSPER, TX
Signature:
Printed Name:
Title:
Date:
STATE OF TEXAS
COUNTY OF
personally appeared before me, and being first duly
(Seal
)
(Signature of Notary
Public)
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Item 8.
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Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Bob Scott, Interim Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Median Street Light Repairs
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon approving the purchase and installation of streetlights from Groves
Electrical Services, Inc., through the Texas Local Government Purchasing Cooperative; and
authorizing the Interim Town Manager to execute documents for the same.
Description of Agenda Item:
Due to recent accidents that have occurred, three streetlights are in need of replacement. The
streetlights are located on Preston Road at Pasewark Circle, Lover’s Lane, and Richland Blvd,
total $55,150.02, $18,383.34 for each location. Since they were damaged in an accident, funds
will be reimbursed for these repairs, via an insurance claim. The work will be completed under
Buy Board Contract Number 638-21. Staff is also requesting an additional four (4) poles and eight
(8) fixtures to keep on hand due to the lead time of 14 to 16 weeks for pole and fixture parts. The
additional pricing for the extra poles and fixtures totals $56,100.00.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
In June 2005, the Town of Prosper entered into an Interlocal Participation Agreement with the
Texas Local Government Purchasing Cooperative. Participation in the cooperative purchasing
program allows local governments to purchase goods and services from the cooperative’s online
purchasing system, BuyBoard, while satisfying all competitive bidding requirements.
Budget Impact:
The total price is $111,250.02 and will be funded from Streetlight Repairs, account number 100-
5326-50-01. Additional monies will be moved from Contract Services, account number 100-5480-
50-01, to supplement the cost.
Prosper is a place where everyone matters.
PUBLIC WORKS
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Item 9.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Proposal – Lover’s Lane
2. Proposal – Pasewark Circle
3. Proposal – Richland Blvd
4. Proposal – Additional Equipment
Town Staff Recommendation:
Town staff recommends approving the purchase and installation of streetlights from Groves
Electrical Services, Inc., through the Texas Local Government Purchasing Cooperative; and
authorizing the Interim Town Manager to execute documents for the same.
Proposed Motion:
I move to approve the purchase and installation of streetlights from Groves Electrical Services,
Inc., through the Texas Local Government Purchasing Cooperative; and authorize the Interim
Town Manager to execute documents for the same.
Page 108
Item 9.
________________________ __________________ _________________________
AUTHORIZED SIGNATURE PO # ESTIMATOR, JIMMY CLARK
FOR ACCEPTANCE, PLEASE SIGN AND RETURN ONE COPY.
PAYMENTS TO BE COD OR NET 10TH PROXY MONTH WITH APPROVED CREDIT.70% ROUGH AND 30% ON COMPLETION WHEN
APPLICABLE. UNLESS SPECIFICALLY NOTED TO THE CONTRARY HEREIN, COVERAGE OF THESE ITEM ARE SPECIFICALLY
EXCLUDED: Tax, permit fee, rock digging or excavation; erosion control; casing of piers, repair of unmarked underground utilities, conformance with
The International Electrical Energy Conversation Code (IEECC); excavations of any nature in excess of four feed deep; COMPACTION to a specified
density; utility communication co. charges; wage rates; requirements of any “Building Standards”; Specifications by Owner, Architect or Engineer;
work show on any drawings, addenda or specification that could be concurred to be within our trade or responsibility other than t hose listed within our
Scope of Work; temporary power or lighting; temporary power usage or deposit; installation of overhead power lines for temporary; bond fees;
scheduled overtime; insurance in excess that listed or Builder’s Risk; fire or smoke stoppage for devices, light fixtures, raceways or conductors.
Regulated by the Texas Department of Licensing and Regulations, PO Box 12157, Austin, TX 78711, 800-803-9202, 512-463-6599: website:
www.license.state.tx.us/complaints. Owner or General Contractor to provide, toilet, water, electrical power, on site trash and debris disposal location.
Price is void after 30 days. Contract review fee add $2,500.00
12/12/2022
ALEX SCHMIDT
TOWN OF PROSPER CELL 469-815-8778
601 W. FIFTH STREET ASCHMIDT@PROSPERTX.GOV
PROSPER, TX. 75078
BID #22NOV28BJC-R2-1
BUY BOARD: 638-21
PRESTON @ LOVERS
SUBJECT: INSTALL A NEW POLE THAT WAS KNOCKED DOWN.
APPROXIMATELY A 14-16 WEEK LEAD TIME FOR THE POLE AND FIXTURES.
IT IS BEING ASSUMED THE ANCHOR BOLTS ARE IN GOOD CONDITION TO USE TO INSTALL THE NEW
POLE ON AND THEY ARE PROTRUDING OUT OF THE CONCRETE PIER AS NEEDED FOR BREAK AWAYS.
TRANSPORT THE POLE TO THE LOCATION.
INSTALL BREAKAWAY BOLTS ON BOTH PIER BASE AND STAND A NEW POLE WITH 2 FIXTURES AT
BOTH LOCATIONS.
PRICE: $18,383.34
The above price is based on being able to perform the same work at 2 other locations.
1 ARROW BOARD and CONES WILL BE USED FOR TRAFFIC CONTROL AT EACH LOCATION.
IF THE CUSTOMER IS REQUESTING 2 ARROW BOARDS, ADD $800.00 TO THE ABOVE PRICE.
GROVES ELECTRICAL SERVICE, INC.
2410 SQUIRE PLACE, FARMERS BRANCH, TEXAS 75234, 972-484-2717 FAX 972-484-2263
ELECTRICAL and MECHANICAL, CONTRACTING and SERVICE
www.groveselectric.com TECL17392
“SINCE 1968”
Page 109
Item 9.
________________________ __________________ _________________________
AUTHORIZED SIGNATURE PO # ESTIMATOR, JIMMY CLARK
FOR ACCEPTANCE, PLEASE SIGN AND RETURN ONE COPY.
PAYMENTS TO BE COD OR NET 10TH PROXY MONTH WITH APPROVED CREDIT.70% ROUGH AND 30% ON COMPLETION WHEN
APPLICABLE. UNLESS SPECIFICALLY NOTED TO THE CONTRARY HEREIN, COVERAGE OF THESE ITEM ARE SPECIFICALLY
EXCLUDED: Tax, permit fee, rock digging or excavation; erosion control; casing of piers, repair of unmarked underground utilities, conformance with
The International Electrical Energy Conversation Code (IEECC); excavations of any nature in excess of four feed deep; COMPACTION to a specified
density; utility communication co. charges; wage rates; requirements of any “Building Standards”; Specifications by Owner, Architect or Engineer;
work show on any drawings, addenda or specification that could be concurred to be within our trade or responsibility other than t hose listed within our
Scope of Work; temporary power or lighting; temporary power usage or deposit; installation of overhead power lines for temporary; bond fees;
scheduled overtime; insurance in excess that listed or Builder’s Risk; fire or smoke stoppage for devices, light fixtures, raceways or conductors.
Regulated by the Texas Department of Licensing and Regulations, PO Box 12157, Austin, TX 78711, 800-803-9202, 512-463-6599: website:
www.license.state.tx.us/complaints. Owner or General Contractor to provide, toilet, water, electrical power, on site trash and debris disposal location.
Price is void after 30 days. Contract review fee add $2,500.00
12/12/2022
ALEX SCHMIDT
TOWN OF PROSPER CELL 469-815-8778
601 W. FIFTH STREET ASCHMIDT@PROSPERTX.GOV
PROSPER, TX. 75078
BID #22NOV28BJC-R2-3
BUY BOARD: 638-21
PRESTON @ PASEWARK CIRCLE
SUBJECT: INSTALL A NEW POLE THAT WAS KNOCKED DOWN.
APPROXIMATELY A 14-16 WEEK LEAD TIME FOR THE POLE AND FIXTURES.
IT IS BEING ASSUMED THE ANCHOR BOLTS ARE IN GOOD CONDITION TO USE TO INSTALL THE NEW
POLE ON AND THEY ARE PROTRUDING OUT OF THE CONCRETE PIER AS NEEDED FOR BREAK AWAYS.
TRANSPORT THE POLE TO THE LOCATION.
INSTALL BREAKAWAY BOLTS ON BOTH PIER BASE AND STAND A NEW POLE WITH 2 FIXTURES AT
BOTH LOCATIONS.
PRICE: $18,383.34
The above price is based on being able to perform the same work at 2 other locations.
1 ARROW BOARD and CONES WILL BE USED FOR TRAFFIC CONTROL AT EACH LOCATION.
IF THE CUSTOMER IS REQUESTING 2 ARROW BOARDS, ADD $800.00 TO THE ABOVE PRICE.
GROVES ELECTRICAL SERVICE, INC.
2410 SQUIRE PLACE, FARMERS BRANCH, TEXAS 75234, 972-484-2717 FAX 972-484-2263
ELECTRICAL and MECHANICAL, CONTRACTING and SERVICE
www.groveselectric.com TECL17392
“SINCE 1968”
Page 110
Item 9.
________________________ __________________ _________________________
AUTHORIZED SIGNATURE PO # ESTIMATOR, JIMMY CLARK
FOR ACCEPTANCE, PLEASE SIGN AND RETURN ONE COPY.
PAYMENTS TO BE COD OR NET 10TH PROXY MONTH WITH APPROVED CREDIT.70% ROUGH AND 30% ON COMPLETION WHEN
APPLICABLE. UNLESS SPECIFICALLY NOTED TO THE CONTRARY HEREIN, COVERAGE OF THESE ITEM ARE SPECIFICALLY
EXCLUDED: Tax, permit fee, rock digging or excavation; erosion control; casing of piers, repair of unmarked underground utilities, conformance with
The International Electrical Energy Conversation Code (IEECC); excavations of any nature in excess of four feed deep; COMPACTION to a specified
density; utility communication co. charges; wage rates; requirements of any “Building Standards”; Specifications by Owner, Architect or Engineer;
work show on any drawings, addenda or specification that could be concurred to be within our trade or responsibility other than t hose listed within our
Scope of Work; temporary power or lighting; temporary power usage or deposit; installation of overhead power lines for temporary; bond fees;
scheduled overtime; insurance in excess that listed or Builder’s Risk; fire or smoke stoppage for devices, light fixtures, raceways or conductors.
Regulated by the Texas Department of Licensing and Regulations, PO Box 12157, Austin, TX 78711, 800-803-9202, 512-463-6599: website:
www.license.state.tx.us/complaints. Owner or General Contractor to provide, toilet, water, electrical power, on site trash and debris disposal location.
Price is void after 30 days. Contract review fee add $2,500.00
12/12/2022
ALEX SCHMIDT
TOWN OF PROSPER CELL 469-815-8778
601 W. FIFTH STREET ASCHMIDT@PROSPERTX.GOV
PROSPER, TX. 75078
BID #22NOV28BJC-R2-2
BUY BOARD: 638-21
PRESTON @ RICHLAND BLVD.
SUBJECT: INSTALL A NEW POLE THAT WAS KNOCKED DOWN.
APPROXIMATELY A 14-16 WEEK LEAD TIME FOR THE POLE AND FIXTURES.
IT IS BEING ASSUMED THE ANCHOR BOLTS ARE IN GOOD CONDITION TO USE TO INSTALL THE NEW
POLE ON AND THEY ARE PROTRUDING OUT OF THE CONCRETE PIER AS NEEDED FOR BREAK AWAYS.
TRANSPORT THE POLE TO THE LOCATION.
INSTALL BREAKAWAY BOLTS ON BOTH PIER BASE AND STAND A NEW POLE WITH 2 FIXTURES AT
BOTH LOCATIONS.
PRICE: $18,383.34
The above price is based on being able to perform the same work at 2 other locations.
1 ARROW BOARD and CONES WILL BE USED FOR TRAFFIC CONTROL AT EACH LOCATION.
IF THE CUSTOMER IS REQUESTING 2 ARROW BOARDS, ADD $800.00 TO THE ABOVE PRICE.
GROVES ELECTRICAL SERVICE, INC.
2410 SQUIRE PLACE, FARMERS BRANCH, TEXAS 75234, 972-484-2717 FAX 972-484-2263
ELECTRICAL and MECHANICAL, CONTRACTING and SERVICE
www.groveselectric.com TECL17392
“SINCE 1968”
Page 111
Item 9.
________________________ __________________ _________________________
AUTHORIZED SIGNATURE PO # ESTIMATOR, JIMMY CLARK
FOR ACCEPTANCE, PLEASE SIGN AND RETURN ONE COPY.
PAYMENTS TO BE COD OR NET 10TH PROXY MONTH WITH APPROVED CREDIT.70% ROUGH AND 30% ON COMPLETION WHEN
APPLICABLE. UNLESS SPECIFICALLY NOTED TO THE CONTRARY HEREIN, COVERAGE OF THESE ITEM ARE SPECIFICALLY
EXCLUDED: Tax, permit fee, rock digging or excavation; erosion control; casing of piers, repair of unmarked underground utilities, conformance with
The International Electrical Energy Conversation Code (IEECC); excavations of any nature in excess of four feed deep; COMPACTION to a specified
density; utility communication co. charges; wage rates; requirements of any “Building Standards”; Specifications by Owner, Architect or Engineer;
work show on any drawings, addenda or specification that could be concurred to be within our trade or responsibility other than those listed within our
Scope of Work; temporary power or lighting; temporary power usage or deposit; installation of overhead power lines for temporary; bond fees;
scheduled overtime; insurance in excess that listed or Builder’s Risk; fire or smoke stoppage for devices, light fixtures, raceways or conductors.
Regulated by the Texas Department of Licensing and Regulations, PO Box 12157, Austin, TX 78711, 800-803-9202, 512-463-6599: website:
www.license.state.tx.us/complaints. Owner or General Contractor to provide, toilet, water, electrical power, on site trash and debris disposal location.
Price is void after 30 days. Contract review fee add $2,500.00
1/13/2023
ALEX SCHMIDT
TOWN OF PROSPER CELL 469-815-8778
601 W. FIFTH STREET ASCHMIDT@PROSPERTX.GOV
PROSPER, TX. 75078
BID #22DEC27AJC-R1
BUY BOARD: 638-21
SUBJECT: PURCHASE 4 COMPLETE POLES WITH 2 FIXTURES PER POLE.
PURCHASE 4 COMPLETE POLES THAT ARE USED FOR STREET LIGHTING.
POLES CONSIST OF 2 FIXTURES EACH.
THE ORDER WILL BE SHIPPED DIRECTLY TO THE CUSTOMER (LOCATION TBD) TO UNLOAD BY THE
CUSTOMER AND STORE FOR FUTURE USAGE.
NO LABOR BY GROVES IS INCLUDED FOR HANDLING OR INSTALLATION.
PRICE: $56,100.00 (plus tax if applicable)
THE ABOVE PRICE IS GOOD UNTIL 1/30/23. Must have the approval to purchase before 2pm.
ESTIMATED LEAD TIME FROM DATE OF ORDER IS APPROXIMATELY 12-15 WEEKS.
Groves’ reserves the right to amend, withdraw o r otherwise alter this submission without penalty or charge as a result of
any event beyond its control arising from increase and commodity prices or due to the current COVID -19 epidemic or
events subsequent to this epidemic / pandemic including changes in the laws, regulations, by laws, or direction from a
competent authority.
GROVES ELECTRICAL SERVICE, INC.
2410 SQUIRE PLACE, FARMERS BRANCH, TEXAS 75234, 972-484-2717 FAX 972-484-2263
ELECTRICAL and MECHANICAL, CONTRACTING and SERVICE
www.groveselectric.com TECL17392
“SINCE 1968”
Page 112
Item 9.
Page 1 of 1
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Bob Scott, Interim Town Manager
Re: Ammunition and Range Supplies
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon the purchase of ammunition and range supplies from GT Distributors Inc.,
utilizing the Buyboard Contract #603-20; and authorizing the Interim Town Manager to execute
documents for same.
Description of Agenda Item:
Request for the Interim Town Manager to authorize a Purchase Order in the amount of $61,238
for the Police Department’s annual purchase of duty ammunition and range supplies through GT
Distributors and utilizing BuyBoard Contract #603-20.
Budget Impact:
Budgeted for FY 2022-2023 in Police Operations, Ammunition Account #100-5215-20-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality
Attached Documents:
1. Vendor’s Quote
Town Staff Recommendation:
Town staff recommends approval of the purchase of ammunition and range supplies from GT
Distributors Inc., utilizing the Buyboard Contract #603-20; and authorizing the Interim Town
Manager to execute documents for same.
Proposed Motion:
I move to approve the purchase of ammunition and range supplies from GT Distributors Inc.,
utilizing the Buyboard Contract #603-20; and authorizing the Interim Town Manager to execute
documents for same.
Prosper is a place where everyone matters.
POLICE
DEPARTMENT
Page 113
Item 10.
Page 114
Item 10.
Page 115
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Whitney Rehm, Grants Administrator
Through: Bob Scott, Interim Town Manager
Doug Kowalski, Chief of Police
Re: General Victim Assistance Grant Program
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon a resolution authorizing the Interim Town Manager, and/or his/her
designee, to apply for the Office of the Governor, FY 2024 Criminal Justice Division, General
Victim Assistance Grant Program and consider and act upon authorizing the Interim Town
Manager and/or his/her designee to accept the Office of the Governor, FY 2024 Criminal Justice
Division, General Victim Assistance Grant Program upon award.
Description of Agenda Item:
The Office of the Governors' FY2024 General Victim Assistance Grant Program has funding
available to potentially fund one Crime Victim Advocate. This position will serve as liaison to crime
victims to assist with emotional support, victims' rights information, safety planning, shelter
assistance, help in finding needed resources or assistance in filling out crime victim-related forms,
and assistance in guiding victims through criminal justice process. This grant will support the
position for one year, with eligibility under current guidelines for renewal in years two (2) and three
(3). If the project goes unfunded or underfunded in FY2024, or subsequent years, the item will be
brought back to Council for alternative funding considerations.
This grant is funded at 100% if selected by the OOG. The Town of Prosper will be responsible to
initially fund all expenses out of General Fund, and the State will reimburse the Town of Prosper.
Budget Impact:
The estimated request for this position is $131,573, which will be paid out of the appropriate Police
Department Expense accounts. The request amount is comprised of the following totals: Salary
- $69,374, Benefits - $27,689, Other Expenses - $34,510
$8,303 has also been allocated for the hiring of Blais & Associates for professional grant writing
services and will be funded through Professional Services 100-5410-10-99.
Prosper is a place where everyone matters.
POLICE
DEPARTMENT
Page 116
Item 11.
Page 2 of 2
Grant program is on a reimbursement basis. A future budget amendment will be requested to
account for the grant income and to allocate funding for this project (expected announcement in
Summer 2023).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Funding Announcement
2. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council approve a resolution authorizing the Interim Town
Manager, and/or his/her designee, to apply for the Office of the Governor, FY 2024 Criminal
Justice Division, General Victim Assistance Grant Program and approve authorizing the Interim
Town Manager and/or his/her designee to accept the Office of the Governor, FY 2024 Criminal
Justice Division, General Victim Assistance Grant Program upon award. A future budget
amendment will be requested to account for the grant income and to allocate funding for this project.
Proposed Motion:
I move to approve a resolution authorizing the Interim Town Manager, and/or his/her designee, to
apply for the Office of the Governor, FY 2024 Criminal Justice Division, General Victim Assistance
Grant Program and accept authorizing the Interim Town Manager, and/or his/her designee, to
accept the Office of the Governor, FY 2024 Criminal Justice Division, General Victim Assistance
Grant Program upon award.
Page 117
Item 11.
1
Office of the Governor, Public Safety Office
Criminal Justice Division
Funding Announcement: General Victim
Assistance Grant Program, FY2024
Purpose
The purpose of this program is to provide services and assistance directly to victims of crime to speed
their recovery and aid them through the criminal justice process.
Services may include the following:
• Responding to the emotional and physical needs of crime victims;
• Assisting victims in stabilizing their lives after a victimization;
• Assisting victims to understand and participate in the criminal justice system; and
• Providing victims with safety and securi ty.
Projects seeking to provide specialized programs for victims of commercial sexual exploitation or sex
trafficking under the age of 25 must apply under either the Residential and Community-Based Services
for Victims of Commercial Sexual Exploitation or the CSEY Advocacy Program Request for Application.
Projects seeking to provide general victim services to broad categories of victim populations that may
include victims of commercial sexual exploitation or trafficking should apply under this General Victims
Services Request for Application.
Projects seeking to prevent, investigate or prosecute commercial sexual exploitation should refer to the
funding announcement designed for those projects.
Agencies applying for funds to support a CASA or Children’s Advocacy Center program must apply
through either Texas CASA, Inc. or Children’s Advocacy Centers of Texas.
Available Funding
Federal funding is authorized for these projects under the following sources:
• Victims of Crime Act of 1984 (VOCA) as amended and codified in 34 U.S.C. §20103. VOCA funds
are made available through a Congressional appropriation to the U.S. Department of Justice,
Office for Victims of Crime. All awards are subject to the availability of appropriated federal
funds and any modifications or additional requirements that may be imposed by law.
• Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2, which amends Title VI
of the Social Security Act by adding sections 602 to establish the Coronavirus State Fiscal
Recovery Fund.
Page 118
Item 11.
2
Eligible Organizations
Applications may be submitted by state agencies, public and private non-profit institutions of higher
education, independent school districts, Native American tribes, councils of governments, non-profit
corporations (including hospitals and faith-based organizations) and units of local government, which
are defined as a non-statewide governmental body with the authority to establish a budget and impose
taxes (includes hospital districts). Other local governmental agencies should apply through an associated
unit of local government.
Application Process
Applicants must access the PSO’s eGrants grant management website at https://eGrants.gov.texas.gov
to register and apply for funding. For more instructions and information, see the OOG’s eGrants User
Guide to Creating an Application, available here.
1. For eligible local and regional projects:
a. Applicants must contact their applicable regional council of governments (COG) regarding their
application.
b. Each of Texas’ 24 COGs holds its own application planning workshops, workgroups, and/or
subcommittees and facilitates application prioritization for certain programs within its region.
Failure to comply with regional requirements imposed by the COG may render an application
ineligible.
2. State agencies, and other organizations proposing projects with a statewide impact, may submit
applications directly to PSO.
Applicants are required to submit fully developed and detailed grant budgets at the time of
application, PSO will not accept placeholder applications and/or budget line items in lieu of a well
written and detailed grant application .
Non-profit applicants are limited to a single application per agency, and all other eligible
organizations are limited to one application per unit , district or division.
Key Dates
Action Date
Funding Announcement Release 12/12/2022
Online System Opening Date 12/12/2022
Final Date to Submit and Certify an Application 2/09/2023 at 5:00pm CST
Project Start Date 10/01/2023
Project Period
Projects may not exceed 12 months and must begin on or after 10/01/2023 and expire on or before
9/30/2024.
Page 119
Item 11.
3
Funding Levels
Minimum: $10,000
Maximum: No Maximum
Match Requirement: None
Note: Applicants are strongly cautioned to only apply for the amount of funding they can responsibly
expend in the grant period. PSO will be tracking expenditure rates throughout the life of the grants and
may take action to avoid large de-obligations at the end of grant periods.
Standards
Grantees must comply with standards applicable to this fund source cited in the Texas Grant
Management Standards (TxGMS), Federal Uniform Grant Guidance, and all statutes, requirements, and
guidelines applicable to this funding.
Eligible Activities and Costs
The following list of eligible activities and costs apply generally to all projects under this announcement.
Crisis Services
• Services that respond to immediate needs (other than medical care), emotional, psychological,
and physical health and safety including:
o Crisis intervention services;
o Accompanying victims to hospitals for medical examinations 1;
o Hotline counseling;
o Safety planning;
o Emergency food, clothing, and transportation;
o Window, door, or lock replacement or repair, and other repairs necessary to ensure a
victim's safety;
o Costs of the following, on an eme rgency basis (i.e., when the State's compensation
program, the victim's health insurance plan, Medicaid, or other health care funding
source, is not reasonably expected to be available quickly enough to meet the emergency
needs of a victim (typically withi n 48 hours of the crime): Non -prescription and
prescription medicine, prophylactic or other treatment to prevent HIV/AIDS infection or
other infectious disease, durable medical equipment (such as wheel -chairs, crutches,
hearing aids, eyeglasses), and other healthcare items; in all cases the grant must be
considered the option of last resort; and
1 Note related to hospital accompaniment with sexual assault survivors: In accordance with Art. 56A.351, Texas Code of Criminal Procedure, a
victim shall be offered the opportunity to have a sexual assault program advocate available during a sexual assault forensic exam. Sec. 420.051,
Texas Government Code defines a sexual assault program advocate as an individual who has completed a sexual assault training program
certified by the attorney general and is an employee or volunteer of a sexual assault program.
Page 120
Item 11.
4
o Emergency legal assistance, such as for filing for restraining or protective orders, and
obtaining emergency custody orders and visitation rights;
• Personal advocacy and emotional support including:
o Working with a victim to assess the impact of the crime;
o Identification of victim's needs;
o Case management;
o Management of practical problems created by the victimization;
o Identification of resources available to the victi m;
o Provision of information, referrals, advocacy, and follow -up contact for continued
services, as needed;
o Traditional, cultural, and/or alternative therapy/healing (e.g., art therapy, yoga – with
appropriate training, certification, or licensure );
o Transportation of victims to receive services and to participate in criminal justice
proceedings; and
o Public awareness and education presentations (including the development of
presentation materials, brochures, newspaper notices, and public service
announcements) in schools, community centers, and other public forums that are
designed to inform crime victims of specific rights and services and provide them with (or
refer them to) services and assistance , this activity will only be funded in conjunction
with programs providing direct services .
Forensic Interviews (with the following parameters):
• Results of the interview will be used not only for law enforcement and prosecution purposes, but
also for identification of needs such as social services, personal a dvocacy, case management,
substance abuse treatment, and mental health services;
• Interviews are conducted in the context of a multi -disciplinary investigation and diagnostic team,
or in a specialized setting such as a child advocacy center; and
• The interviewer is trained to conduct forensic interviews appropriate to the developmental age
and abilities of children, or the developmental, cognitive, and physical or communication
disabilities presented by adults.
Legal Advocacy
• Facilitating participation in criminal justice and other public proceedings arising from the crime,
including:
o Advocacy on behalf of a victim;
o Accompanying a victim to offices and court;
o Transportation, meals, and lodging to allow a victim who is not a witness to par ticipate in
a proceeding;
o Interpreting for a non -witness victim who is deaf or hard of hearing, or with limited
English proficiency;
Page 121
Item 11.
5
o Providing child care and respite care to enable a victim who is a caregiver to attend
activities related to the proceeding;
o Notification to victims regarding key proceeding dates (e.g., trial dates, case disposition,
incarceration, and parole hearings);
o Assistance with Victim Impact Statements;
o Assistance in recovering property that was retained as evidence; and
o Assistance wit h restitution advocacy on behalf of crime victims.
• Legal assistance services (including those provided on an emergency basis), where reasonable
and where the need for such services arises as a direct result of the victimization , including:
o Those (other than criminal defense) that help victims assert their rights as victims in a
criminal proceeding directly related to the victimization, or otherwise protect their
safety, privacy, or other interests as victims in such a proceeding; and
o Those actions (other than tort actions) that, in the civil context, are reasonably necessary
as a direct result of the victimization .
Multi-Disciplinary Teams and Case Coordination
• Representatives of several agencies meet regularly to discuss common cases and share
information t o enhance investigation, prosecution, and victim restoration. Cases are followed
through in this manner to closure. Participating agencies may include Child Protective Service,
law enforcement, prosecutors’ offices, Sexual Assault Nurse Examiners or other medical
personnel, mental health professionals, etc.
Peer Support Groups
• Peer-support, including activities that provide opportunities for victims to meet other victims,
share experiences, and provide self -help, information, and emotional support .
Professional Therapy and Counseling
• Mental health counseling and care, including, but not limited to, out-patient therapy/counseling
provided by a person who meets professional standards to provide these services in the
jurisdiction in which the care is ad ministered.
Protective Order Assistance:
• Legal representation provided by program staff and/or staff attorneys to obtain protective
orders and assistance;
• May be provided by law enforcement personnel, prosecution staff or other service providers ;
and
• Services may be available at non -traditional locations and times.
Shelter Programs
• Providing a safe place for victims/survivors and their children;
• Short-term (up to 45 days) in-home care and supervision services for children and adults who
remain in their own homes when the offender/caregiver is removed; and
Page 122
Item 11.
6
• Short-term (up to 45 days) nursing -home, adult foster care, or group -home placement for adults
for whom no other safe, short -term residence is available;
Victim-Offender Meetings
• Meetings between the survivor and the offender who perpetrated the crime against the survivor.
At a minimum grantees must consider:
• The safety and security of the survivor;
• The benefit of therapeutic value to the survivor;
• The procedures for ensuring that participation of th e survivor and offender are voluntary
and that everyone understands the nature of any meeting or other activity;
• The provision of appropriate support and accompaniment for the survivor;
• Appropriate debriefing opportunities for the survivor after a meetin g;
• The credentials of the facilitators; and
• The opportunity for a survivor to withdraw from the process at any time.
Transitional Housing
• Travel, rental assistance, security deposits, utilities, and other costs incidental to relocation of
survivors into transitional housing, as well as voluntary support services such as childcare and
counseling. Provision of this service is limited to 18 months in duration per client and must require
active participation in program services designed to enable self-sufficiency of the client. PSO should
be considered the payee of last resort for this service. To be eligible, this service must be included
in the original application budget prioritized by the local Council of Government’s Criminal Justice
Advisory Committee.
Program-Specific Requirements
All projects under this funding announcement must meet the following requirements:
Cultural competency: Applicants must be culturally competent when providing services to victims.
Victim service providers must have the ability to blend cultural knowledge and sensitivity with victim
restoration skills for a more effective and culturally appropriate recovery process. Cultural competency
occurs when: (1) cultural knowledge, awareness and sensitivity are integrated into action and policy; (2)
the service is relevant to the needs of the community and provided by trained staff, board members,
and management; and (3) an advocate or organization recognizes each client is different with different
needs, feelings, ideas and barriers.
Victim services assessment survey: All recipients of funding under this announcement may be required
to participate in a victim services assessment during their grant period, as directed by PSO.
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Item 11.
7
Special requirements for vehicle purchases:
Only non-profits will be eligible to purchase vehicles under this funding announcement. The vehicles
must be for the purpose of transporting victims to receive various services.
Eligibility Requirements
1. Entities receiving grant funds must demonstrate a record of effective services to victims of crime
and financial support from sources other than the Crime Victims Fund ; or substantial support
from sources other than the Crime Victims Fund .
• A program has demonstrated a record of effective d irect services and support when, for
example, it demonstrates the support and approval of its direct services by the
community, its history of providing direct services in a cost -effective manner, and the
breadth or depth of its financial support from sour ces other than the Crime Victims Fund.
• A program has substantial financial support from sources other than the Crime Victims
Fund when at least twenty -five percent of the program’s funding in the year of, or the
year preceding the award comes from such sou rces.
2. Local units of governments must comply with the Cybersecurity Training requirements described
in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments
determined to not be in compliance with the cybersecurity requirem ents required by Section
2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second
anniversary of the date the local government is determined ineligible. Government entities must
annually certify their compliance with the t raining requirements using the Cybersecurity Training
Certification for State and Local Governments . A copy of the Training Certific ation must be
uploaded to your eGrants application. For more information or to access available training
programs, visit the Texas Department of Information Resources Statewide Cybersecurity
Awareness Training page.
3. Entities receiving funds from PSO must be located in a county that has an average of 90% or
above on both adult and juvenile dispositions entered into the computerized criminal histo ry
database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas
Code of Criminal Procedure, Chapter 66. This disposition completeness percentage is defined as
the percentage of arrest charges a county reports to DPS for whic h a disposition has been
subsequently reported and entered into the computerized criminal history system.
Counties applying for grant awards from the Office of the Governor must commit that the county
will report at least 90% of convictions within five bus iness days to the Criminal Justice
Information System at the Department of Public Safety.
4. Eligible applicants operating a law enforcement agency must be current on reporting complete
UCR data and the Texas specific reporting mandated by 411.042 TGC, to th e Texas Department of
Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered
eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS
for the most recent calendar year by the deadline(s) established by DPS. Due to the importance
of timely reporting, applicants are required to submit complete and accurate UCR data, as well as
the Texas-mandated reporting, on a no less than monthly basis and respond promptly to
requests from DPS related to the data submitted.
Page 124
Item 11.
8
5. Local units of government, including cities, counties and other general purpose political subdivisions,
as appropriate, and institutions of higher education that operate a law enforcement agency, must
comply with all aspects of the programs and procedures utilized by the U.S. Department of
Homeland Security (“DHS”) to: (1) notify DHS of all information requested by DHS related to illegal
aliens in Agency’s custody; and (2) detain such illegal aliens in accordance with requests by DHS.
Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make
themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that
would: (1) require or authorize the public disclosure of federal law enforcement information in
order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the
United States; or (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), §
1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, eligible applicants must comply with all
provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government
Code.
Each local unit of government, and institution of higher education that operates a law
enforcement agency, must download, complete and then upload into eGrants the CEO/Law
Enforcement Certifications and Assurances Form certifying compliance with federal and state
immigration enforcement requirements. This Form is required for each application submitted to
OOG and is active until August 31, 2024, or the end of the grant period, whichever is later.
6. Each non-profit 501(c)(3) organization must certify that it does not have, and will continue not to
have any policy, procedure, or agreement (written or unwritten) that in any way encourages,
induces, entices , or aids any violations of immigration laws. Additionally, the organization
certifies that it does not have in effect, purport to have in effect, and is not subject to or bound
by any rule, policy, or practice (written or unwritten) that would: (1) encour age the concealment,
harboring, or shielding from detection of fugitives from justice or aliens who illegally came to,
entered, or remained in the United States; or (2) impede federal officers from exercising
authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly,
the organization certifies that it will not adopt, enforce, or endorse a policy which prohibits or
materially limits the enforcement of immigration laws, and will not, as demonstrated by pattern
or practice, prohibit or materially limit the enforcement of immigration laws.
Each non-profit organization must download, complete and then upload into eGrants
the CEO/NGO Certifications and Assurances Form certifying compliance with federal and state
immigration enforcement requirements.
7. Eligible applicants must be registered in the federal System for Award Management (SAM)
database located at https://www.sam.gov/.
Failure to comply with program or eligibility requirements may cause funds to be withheld and/or
suspension or termination of grant funds.
Prohibitions
Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the
following unallowable costs:
1. Lobbying or advocacy activities with respect to legislation or to administrative changes to
regulations or admin istrative policy (cf. 18 U.S.C. 1913), whether conducted directly or
indirectly;
Page 125
Item 11.
9
2. The active investigation and prosecution of criminal activity, except for the provision of
victim assistance services (e.g., emotional support, advocacy, and legal services) t o crime
victims, under 28 CFR § 94.119, during such investigation and prosecution;
3. Any activities related to fundraising ;
4. Capital improvements; property losses and expenses; real estate purchases; mort gage
payments; remodeling; and construction;
5. Reimbursement of crime victims for expenses incurred as a result of a crime;
6. Salaries, benefits, fees, furniture, equipment, and other expenses of executive directors,
board members, and other administrators (except as specifically allowed);
7. Counseling or treatment for substance abuse (general counseling that includes a component
addressing substance abuse is eligible);
8. Victim-offender meetings that serve to replace (or as a part of) criminal justice proceedings;
9. Medical training;
10. Medical care or expenses (except as specifically allowed);
11. Forensic medical evidence collection to include the salary , overtime or on-call cost of SANE
Nurses;
12. Cash payments to victims, gift cards, or fuel vouchers;
13. Creation of a voucher program where victims are directly given v ouchers for such services as
housing or counseling;
14. Transportation, lodging, per diem or any related costs for third -party participants to attend a
training, when grant funds are used to develop and conduct training;
15. Leasing of vehicles;
16. Training of external partners or the community;
17. Program income;
18. Research and studies;
19. Activities that m ay compromise victim safety;
20. Entertainment, including amusement, diversion, social activities, field trips, excursions and
any associated costs (i.e. tickets to shows or sports events, meals, lodging, rentals,
transportation, and gratuities) unless there is a clear programmatic purpose and the costs
are approved in advance by PSO; and
21. Nonessential maintenance on buildings, lawn care, and landscaping; and
22. Any other prohibition imposed by federal, state or local law or regulation.
Page 126
Item 11.
10
Selection Process
Application Screening: The Office of the Governor will screen all applications to ensure that they meet
the requirements included in the funding announcement.
Merit Review – Local Projects: Projects with a local impact will be reviewed by a panel appointed by the
local Council of Governments using their own criteria. The merit review panels will assess the
applications for quality and rank by priority, and then report their findings to the Office of the Governor.
Applicants must contact their applicable regional Council of Governments (COG). Each of Texas’ 24 COGs
holds its own application planning workshops, workgroups, and/or subcommittees and facilitates
application prioritization for certain programs within its region. Failure to comply with regional
requirements imposed by the COG may render an application ineligible.
Merit Review – Statewide Projects: The Office of the Governor will review applications to understand
the overall demand for the program and for significant variations in costs per item. After this review, the
Office of the Governor will determine if all eligible applications can be funded based on funds available,
if there are cost-effectiveness benefits to normalizing or setting limits on the range of costs, and if other
fair-share cuts may allow for broader distribution and a higher number of projects while still remaining
effective.
Final Decisions – All Projects: The Office of the Governor will consider rankings along with other factors
and make all final funding decisions. Other factors may include cost effectiveness, overall funds
availability, PSO or state government priorities and strategies, legislative directives, need, geographic
distribution, or other relevant factors.
PSO may not fund all applications or may only award part of the amount requested. In the event that
funding requests exceed available funds, PSO may revise projects to address a more limited focus.
Contact Information
For more information, contact the eGrants help desk at eGrants@gov.texas.gov or (512) 463-1919.
Page 127
Item 11.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN TO SUBMIT A GRANT APPLICATION TO
THE OFFICE OF THE GOVERNOR FOR THE 2024 CRIMINAL JUSTICE
DIVISION PROGRAM FOR VICTIM ASSISTANCE, GENERAL VICTIM
ASSISTANCE DIRECT SERVICES PROGRAM (VOCA), GRANT NUMBER
4709301; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper finds it in the best interests of the citizens of the Town
of Prosper (“Town”) that the Town submit a grant application for Victim Assistance, General Victim
Assistance Direct Services Program (VOCA) to be funded by the Office of the Governor’s Criminal
Justice Division for the 2024 fiscal year; and
WHEREAS, the Town agrees to provide applicable matching funds for said project as
required by the Office of the Governor’s Criminal Justice Division grant application; and
WHEREAS, the Town agrees that in the event of the loss or misuse of the funds Office of
the Governor, the Town assures that the funds will be returned to the Office of the Governor in
full; and
WHEREAS, the Town designates the Grants Administrator as the grantee’s authorized
official and the authorized official is hereby authorized to apply for, accept, reject, alter, or
terminate the grant on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper does hereby approve the submission of the
grant application for the 2024 Criminal Justice Division Program – Town of Prosper Victim
Assistance, General Victim Assistance Direct Services Program (VOCA) to the Office of the
Governor.
SECTION 3
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE ___ DAY OF _________________, 2023.
___________________________________
David F. Bristol, Mayor
Page 128
Item 11.
Resolution No. 2023-XX, Page 2
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 129
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Whitney Rehm, Grants Administrator
Through: Bob Scott, Interim Town Manager
Doug Kowalski, Chief of Police
Re: Office of the Governor, Criminal Justice Division, Bullet Resistant
Shield Grant Program Award
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon authorizing the Interim Town Manager, and/or his/her designee, to accept
the award for the Office of the Governor, Criminal Justice Division, Bullet Resistant Shield Grant
Program, FY2023.
Description of Agenda Item:
Office of the Governor, Criminal Justice Division, Bullet Resistant Shield Grant Program, FY2023
grant award.
Budget Impact:
The total award amount is $79,561.58. $16,402.03 with be funded from Tools and Equipment
100-5620-20-01, and $63,159.55 will be funded from Capital Equipment 100-6140-20-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the terms and conditions and all
award documentation as to form and legality.
Attached Documents:
1. OOG Statement of Grant Award
2. GT Distributors Quote
Town Staff Recommendation:
Town staff recommends the Town Council approve authorizing the Interim Town Manager, and/or
his/her designee, to accept the award for the Office of the Governor, Criminal Justice Division,
Bullet Resistant Shield Grant Program, FY2023. A future budget amendment will be requested to
account for the grant income and to allocate funding for this project.
Prosper is a place where everyone matters.
POLICE
DEPARTMENT
Page 130
Item 12.
Page 2 of 2
Proposed Motion:
I move to approve authorizing the Interim Town Manager, and/or his/her designee, to accept the
award for the Office of the Governor, Criminal Justice Division, Bullet Resistant Shield Grant
Program, FY2023.
Page 131
Item 12.
1/12/23, 4:42 PM Office of the Governor
about:blank 1/1
Statement of Grant Award (SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement
and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs.
By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this
Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements, with or without advance notice to the Grantee.
By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number:4644201 Award Amount:$79,561.58
Date Awarded:1/12/2023 Grantee Cash Match:$0.00
Grant Period:10/01/2022 - 09/30/2023 Grantee In Kind Match:$0.00
Liquidation Date:12/29/2023 Grantee GPI:$0.00
Program Fund:SH-Bullet-Resistant Shield Grant Program Total Project Cost:$79,561.58
Grantee Name:Prosper, Town of
Project Title:Level III & IV Shield
Grant Manager:Marvin Alcorn
Unique Entity Identifier (UEI):U87NETLMANX5
CFDA:N/A
Federal Awarding Agency:NA
Federal Award Date:N/A - State Funds
Federal/State Award ID Number:2023-SH-ST-0000
Total Federal Award/State Funds
Appropriated:$50,000,000.00
Pass Thru Entity Name:Texas Office of the Governor – Criminal Justice Division (CJD)
Is the Award R&D:No
Federal/State Award Description:This purpose of this funding is to equip peace officers with bullet-resistant
shields.
Page 132
Item 12.
005576
Master No.
0/0/0000
GT Distributors - Austin
FACTORY DIRECT NET 15
Prosper, Town of (TX)
1
QTE0160517
Prosper, Town of (TX)
8/31/2022
MORRIS 31AUG22 PT 2,639,623
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date
Quantity Item Number Description UOM Unit Price Ext. Price
Ship To:Bill To:
Quote
Date
Page:
Attn: Accounts Payable
P.O. Box 307
Prosper TX 75078
801 Safety Way
Attn: Lt. Barrett Morris
PO #:
DJ
(512) 451-8298 Ext. 0000
1124 New Meister Ln., Ste 100
Pflugerville TX 78660
Prosper TX 75078
$3,157.98 $63,159.55 PTA-1347352*Protech Assault VP Shield Level III W/Viewport EA 20
Dimensions: 16"x30"
Viewport: 5" x 7"
Weight 20 LBS
MSRP: $6,600.00
$11,734.69 $11,734.69 PTA-1002711*ProTech Phoenix IV Shield 24x48 3 panels, whe EA 1
Level 4 AP Rated: YES
Dimensions: 24"x48"
Weight: 157 LBS
MSRP: $23,000.00
$3,367.35 $3,367.35 PTA-1002564*ProTech Phoenix IV Shield Additional Panel w/ EA 1
Level 4 AP Rated: YES
Dimensions: 24"x16" Weight: : 65 LBS
Viewport: 6"x12"
MSRP: $6,600.00
$0.00 $0.00 NOTES:Notes:EA 1
Quotation reflects BuyBoard Contract 603-20.
Contract period 04/01/22-03/31/23.
Email BuyBoard PO's to info@buyboard.com
$0.00 $0.00 NOTES:Notes:EA 1
Quote is valid for 30 days.
Please, reference quote number on PO.
Freight may vary with quantity changes.
Morris, Barrett
$78,261.59
$0.00
$0.00
$79,561.58
$1,299.99
bmorris@prospertx.gov
Thank you, Your salesperson was James.
Subtotal
Misc
Tax
Freight
Total
QUOTE IS GOOD FOR 30 DAYS. IN ORDER TO RECEIVE QUOTED PRICE
PLEASE PRESENT A COPY OF QUOTE AT POINT OF SALE IN STORES OR
REFERENCE QUOTE NUMBER ON PO OR REQUISITION
Page 133
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Whitney Rehm, Grants Administrator
Through: Bob Scott, Interim Town Manager
Doug Kowalski, Chief of Police
Re: SWAT Communication Headsets Project Grant
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon a resolution authorizing the Interim Town Manager, and/or his/her
designee, to apply for the Office of the Governor, Homeland Security Grants Division, 2022 SHSP
– Town of Prosper SWAT Communication Headsets Project Grant and consider and act upon
authorizing acceptance of the Office of the Governor, Homeland Security Grants Division, 2022
SHSP – Town of Prosper SWAT Communication Headsets Project Grant, if awarded. (DK)
Description of Agenda Item:
This item is being submitted as a supplement request of NCTCOG’s regional project for funding
through the Office of the Governor, Public Safety Office’s State Homeland Security Program
(SHSP), as required by project eligibility requirements. The communications gear creates an
improved level of safety and situational awareness for SWAT Operators and can provide operators
the ability to address day-to-day Operational Communications as well as critical incident/disaster
Operational Communications. The original application was funded in the amount of $6,705.54,
which funded 8 of the requested 19 headsets. NCTCOG has re-prioritized this project for additional
funding, which will allow the Prosper Police Department to receive the additional 11 headsets
needed to outfit the SRT team.
This grant is funded at 100%. The Town of Prosper will be responsible to initially fund the headsets
out of General Fund, and the State will reimburse the Town of Prosper.
Budget Impact:
This application is requesting an amount of $15,276.00 and will be funded from the Police
Department’s Tactical Supplies Account, 100-5214-20-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the terms and conditions and all
award documentation as to form and legality.
Prosper is a place where everyone matters.
POLICE
DEPARTMENT
Page 134
Item 13.
Page 2 of 2
Attached Documents:
1. Invisio Quote and Sole Source Letter
2. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council approve a resolution authorizing the Interim Town
Manager, and/or his/her designee, to apply for the Office of the Governor, Homeland Security
Grants Division, 2022 SHSP – Town of Prosper SWAT Communication Headsets Project Grant
and approve the authorization to accept the Office of the Governor, Homeland Security Grants
Division, 2022 SHSP – Town of Prosper SWAT Communication Headsets Project Grant, if
awarded. A future budget amendment will be requested to account for the grant income and to
allocate funding for this project.
Proposed Motion:
I move to approve a resolution authorizing the Interim Town Manager, and/or his/her designee, to
apply for the Office of the Governor, Homeland Security Grants Division, 2022 SHSP – Town of
Prosper SWAT Communication Headsets Project Grant and authorize the Interim Town Manager,
and/or his/her designee, to accept the Office of the Governor, Homeland Security Grants Division,
2022 SHSP – Town of Prosper SWAT Communication Headsets Project Grant, if awarded.
Page 135
Item 13.
INVISIO Communications Inc, 150 N Michigan Ave, Suite 1950, Chicago, IL 60601, USA
Phone: +1-844-968-4746 * www.invisio.com
Invisio POC of this quote Nicholas Volk, Regional Sales Manager
Email: ndv@invisio.com, Phone: +1 412 992 7574
Account No.
Your reference
Nicholas VolkSalesperson
VAT No.
US-6889
Att: Lt. Barrett Morris
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Quote no.SQ-US009949
Page 1 of 2
02/01/2023
Net 30 DaysPayment Terms
Carrier
Date
Page
Ex WorksShipment Method
Ref. No.
Invoice Address:
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Delivery Address:
Att: Lt. Barrett Morris
USA
USA
05/02/2023
Delivery
Quote Valid Until
Quote Version 0
SALES QUOTE
Page 136
Item 13.
INVISIO COMMUNICATION EQUIPMENT
Item No.Description Qty.Unit Unit Price Amount
INV21346 LE Kit - V50 Gen II - X5 - Black 2 EA 1,422.00 2,844.00
INV21344 LE Kit - V10 Gen II - X5 - Black 9 EA 1,060.00 9,540.00
PRD12207 Com Cable - CC01 - 12-Pin
(MotorolaMTP850S/APX/SRX) - Black -
800mm
11 PCS 221.00 2,431.00
NSN:5995-22-626-2363
CUP11424 Comply Canal Tips, Demo Kit, 6 Sizes
of15-Pairs Case
1 PCS 361.00 361.00
NSN:6515-14-577-4496
02 Shipping and Handling Fee 1 PCS 100.00 100.00
Sales quote condition:
This quote is conditioned upon the customer
being approved in accordance with INVISIO·s
credit check process and upon the issuance
of a written sale acknowledgement
by INVISIO.
Shipping:
Please note that shipping will be handled by
INVISIO and billed to the customer as quoted.
Also note that all shipments are EXW Malmö,
Sweden or EXW Hvidovre, Denmark, unless
otherwise agreed.
Sales tax:
Sales tax may be added if no Sales tax exempt
certificate is received.
Qty total Sales Tax Basis Sales Tax Rate Sales Tax Amount CURAmount Invoice Total
48.00 15,176.00 0.00 0.00 USD15,276.00 15,276.00
INVISIO Communications Inc, 150 N Michigan Ave, Suite 1950, Chicago, IL 60601, USA
Phone: +1-844-968-4746 * www.invisio.com
Invisio POC of this quote Nicholas Volk, Regional Sales Manager
Email: ndv@invisio.com, Phone: +1 412 992 7574
Account No.
Your reference
Nicholas VolkSalesperson
VAT No.
US-6889
Att: Lt. Barrett Morris
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Quote no.SQ-US009949
Page 2 of 2
02/01/2023
Net 30 DaysPayment Terms
Carrier
Date
Page
Ex WorksShipment Method
Ref. No.
Invoice Address:
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Delivery Address:
Att: Lt. Barrett Morris
USA
USA
05/02/2023
Delivery
Quote Valid Until
Quote Version 0
SALES QUOTE
Page 137
Item 13.
INVISIO COMMUNICATION EQUIPMENT
Item No.Description Qty.Unit Unit Price Amount
INV21346 LE Kit - V50 Gen II - X5 - Black 2 EA 1,422.00 2,844.00
INV21344 LE Kit - V10 Gen II - X5 - Black 9 EA 1,060.00 9,540.00
PRD12207 Com Cable - CC01 - 12-Pin
(MotorolaMTP850S/APX/SRX) - Black -
800mm
11 PCS 221.00 2,431.00
NSN:5995-22-626-2363
CUP11424 Comply Canal Tips, Demo Kit, 6 Sizes
of15-Pairs Case
1 PCS 361.00 361.00
NSN:6515-14-577-4496
02 Shipping and Handling Fee 1 PCS 100.00 100.00
Sales quote condition:
This quote is conditioned upon the customer
being approved in accordance with INVISIO·s
credit check process and upon the issuance
of a written sale acknowledgement
by INVISIO.
Shipping:
Please note that shipping will be handled by
INVISIO and billed to the customer as quoted.
Also note that all shipments are EXW Malmö,
Sweden or EXW Hvidovre, Denmark, unless
otherwise agreed.
Sales tax:
Sales tax may be added if no Sales tax exempt
certificate is received.
INVISIO Communications Inc, 150 N Michigan Ave, Suite 1950, Chicago, IL 60601, USA
Phone: +1-844-968-4746 * www.invisio.com
Invisio POC of this quote Nicholas Volk, Regional Sales Manager
Email: ndv@invisio.com, Phone: +1 412 992 7574
Account No.
Your reference
Nicholas VolkSalesperson
VAT No.
US-6889
Att: Lt. Barrett Morris
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Quote no.SQ-US009949
Page 1 of 2
02/01/2023
Net 30 DaysPayment Terms
Carrier
Date
Page
Ex WorksShipment Method
Ref. No.
Invoice Address:
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Delivery Address:
Att: Lt. Barrett Morris
USA
USA
05/02/2023
Delivery
Quote Valid Until
Quote Version 0
SALES QUOTE
Page 138
Item 13.
For Terms & Conditions, please refer to attached General Conditions for Sale.
Qty total Sales Tax Basis Sales Tax Rate Sales Tax Amount CURAmount Invoice Total
48.00 15,176.00 0.00 0.00 USD15,276.00 15,276.00
INVISIO Communications Inc, 150 N Michigan Ave, Suite 1950, Chicago, IL 60601, USA
Phone: +1-844-968-4746 * www.invisio.com
Invisio POC of this quote Nicholas Volk, Regional Sales Manager
Email: ndv@invisio.com, Phone: +1 412 992 7574
Account No.
Your reference
Nicholas VolkSalesperson
VAT No.
US-6889
Att: Lt. Barrett Morris
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Quote no.SQ-US009949
Page 2 of 2
02/01/2023
Net 30 DaysPayment Terms
Carrier
Date
Page
Ex WorksShipment Method
Ref. No.
Invoice Address:
PROSPER, TX 75078
801 Safety Way
Lt. Barrett Morris
Prosper Police Department
Delivery Address:
Att: Lt. Barrett Morris
USA
USA
05/02/2023
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Page 139
Item 13.
INVISIO
150 N Michigan Avenue Suite 1950
Chicago, IL 60601
Sole Source Letter
13 October 2022
This letter is to provide notification that INVISIO is the sole source manufacturer
of INVISIO LE Kits, for law enforcement use.
We appreciate your interest in our products. If I may be of further assistance,
please contact me.
Sincerely,
Nick Volk
Sales Manager, North America
Page 140
Item 13.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN TO SUBMIT A GRANT APPLICATION TO
THE OFFICE OF THE GOVERNOR FOR THE 2022 STATE HOMELAND
SECURITY PROGRAM FOR SWAT COMMUNICATION HEADSETS, GRANT
NUMBER 4478002; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper finds it in the best interests of the citizens of the Town
of Prosper (“Town”) that the Town submit a grant application for SWAT Communication Headsets
to be funded by the Office of the Governor’s 2022 State Homeland Security Program (“SHSP”)
for the 2023 calendar year; and
WHEREAS, the Town agrees to provide applicable matching funds for said project as
required by the Office of the Governor’s SHSP grant application; and
WHEREAS, the Town agrees that in the event of the loss or misuse of the funds Office of
the Governor, the Town assures that the funds will be returned to the Office of the Governor in
full; and
WHEREAS, the Town designates the Grants Administrator as the grantee’s authorized
official and the authorized official is hereby authorized to apply for, accept, reject, alter, or
terminate the grant on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper does hereby approve the submission of the
grant application for the 2022 SHSP – Town of Prosper SWAT Communication Headsets to the
Office of the Governor.
SECTION 3
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE ___ DAY OF _________________, 2023.
___________________________________
David F. Bristol, Mayor
Page 141
Item 13.
Resolution No. 2023-XX, Page 2
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 142
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: Whitney Rehm, Grants Administrator
Through: Bob Scott, Interim Town Manager
Mary Ann Moon, Executive Director Prosper EDC
Re: Subregional Broadband Assessment & Strategy Project
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon awarding RFP No. 2022-57-B Comprehensive Broadband Analysis to Lit
Communities, related to the EDA Prosper Subregional Broadband Assessment & Strategy Project,
and authorizing the Interim Town Manager execute an agreement for the same.
Description of Agenda Item:
The Town received three (3) responses for the Request for Proposal (RFP) 2022-57-B
Comprehensive Broadband Analysis. This is for a multi-jurisdictional assessment of existing
broadband infrastructure that includes four additional communities to the North and East of
Prosper- Anna, Melissa, Gunter, and Van Alstyne. The project was advertised as an RFP to allow
the Town to award the project to the contractor that offered the best value proposal based on the
following criteria:
Organization Capabilities (15%)
Staff Qualifications/References (15%)
Proposed Project Timeline (15%)
Project Approach (20%)
Completeness of Proposal (10%)
Cost Proposal (25%)
The verified proposal totals ranged between $88,404.80 and $295,825.00. Project timelines range
from 105 calendar days to 196 calendar days. Staff checked the references provided and received
positive feedback.
Budget Impact:
This reimbursement grant was awarded in the amount of $450,000, with a 20% Town cost share.
The Federal match is $360,000 and the Town’s match is $90,000, for a total project cost of
$450,000.
The awarded bid amount totals $88,404.80 and will be paid for out of Professional Services 100-
5410-10-99. The 80% Federal reimbursement is estimated at $70,723.84, with the 20% Town
Prosper is a place where everyone matters.
Prosper Economic
Development Corporation
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Item 14.
Page 2 of 2
share being estimated at $17,680.96. A future budget amendment will be requested to account for
the grant income and to allocate funding for this project
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. 2022-57-B Bid Tabulation Summary
2. Standard Contract for Services
Town Staff Recommendation:
Town staff recommends the Town Council award RFP No. 2022-57-B Comprehensive Broadband
Analysis to Lit Communities, related to the EDA Prosper Subregional Broadband Assessment &
Strategy Project, and authorize the Interim Town Manager execute an agreement for the same.
Proposed Motion:
I move to approve awarding RFP No. 2022-57-B Comprehensive Broadband Analysis to Lit
Communities, related to the EDA Prosper Subregional Broadband Assessment & Strategy Project,
and authorizing the Interim Town Manager execute an agreement for the same.
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Item 14.
RFP NO. 2022-57-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Organization Capabilities 15%14.83 1.48 12.83 1.28 11.50 1.15
Staff Qualifications/References 15%5.00 0.50 15.00 1.50 15.00 1.50
Proposed Project Timeline 15%15.00 1.50 8.04 0.80 8.75 0.88
Project Approach 20%17.00 1.70 14.00 1.40 16.17 1.62
Completeness of Proposal 10%10.00 1.00 10.00 1.00 8.67 0.87
Cost Proposal 25%22.14 2.21 7.47 0.75 25.00 2.50
TOTAL 100%8.40 6.73 8.51
Comprehensive Broadband Analysis
EVALUATION MATRIX Cobb, Fendley and
Associates
Foresite Consulting
Group
Lit Communities
Page 152
Item 14.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Bob Scott, Interim Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Professional Engineering Services Agreement - Freese and Nichols, Inc.
Water, Wastewater, and Roadway Impact Fee Update
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon authorizing the Interim Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper,
Texas, related to the Water, Wastewater, and Roadway Impact Fee Update project.
Description of Agenda Item:
Chapter 395 of the Texas Local Government Code requires an impact fee analysis before impact
fees can be created and assessed. Chapter 395 defines an impact fee as “a charge or assessment
imposed by a political subdivision against new development in order to generate revenue for
funding or recouping the costs of capital improvements or facility expansions necessitated by and
attributable to the new development.” Chapter 395 identifies impact fee eligible costs, which
includes fees paid to the consultant preparing or updating the impact fee Capital Improvement
Plan (CIP). Chapter 395 also requires that a political subdivision imposing an impact fee update
the land use assumptions and capital improvements plan at least every five years. The Town of
Prosper adopted its current water, wastewater, and roadway impact fees on February 28, 2017.
The purpose of this project is to update the Town’s water, wastewater, and roadway CIP and
impact fees in accordance with Chapter 395 of the Texas Local Government Code. Major tasks
include the following, and are further detailed in the attached agreement:
Kickoff Meeting, Data Collection & Land Use Assumptions
Water and Wastewater System Analysis and CIP Update
Water and Wastewater Impact Fee Analysis
Roadway Impact Fee Analysis
Impact Fee Report Development and Meeting Attendance
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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Item 15.
Page 2 of 2
At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified
engineering firms, which included services for engineering studies. Freese and Nichols, Inc., is
included on the list and has successfully completed several projects for the Town including the
previous 2006, 2011, and 2017 Water, Wastewater, and Roadway Impact Fee Update projects.
Budget Impact:
The cost for the Water, Wastewater, and Roadway Impact Fee Update project is $299,600. The
2022-2023 Capital Improvement Program includes funding in the following accounts, 630-5410-
50-00-2210-WA ($100,000), 640-5410-50-00-2210-WW ($100,000), 660-5410-50-00-2210-ST
($50,000), and in 680-5410-50-00-2210-ST ($50,000), for a total budget of $300,000.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional
Engineering Services Agreement as to form and legality.
Attached Documents:
1. Professional Engineering Services Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Interim Town Manager to execute a
Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town
of Prosper, Texas, related to the Water, Wastewater, and Roadway Impact Fee Update project.
Proposed Motion:
I move to authorize the Interim Town Manager to execute a Professional Engineering Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the
Water, Wastewater, and Roadway Impact Fee Update project.
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To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Bob Scott, Interim Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Contract Amendment No. 2 - Freese and Nichols, Inc.
Custer Road Pipeline and Meter Vault Relocation Project
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon authorizing the Interim Town Manager to execute Contract Amendment
No. 2 to the Professional Services Agreement, between Freese and Nichols, Inc., and the Town
of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation
project.
Description of Agenda Item:
At the November 13, 2018, Town Council meeting, Freese and Nichols, Inc. (FNI), was awarded
a Professional Services Agreement, in the amount of $290,325, for the design of the Custer Road
Pipeline and Meter Vault Relocation project, related to the widening of Custer Road (FM 2478)
through the Town of Prosper. The original design proposed to relocate the existing 36-inch water
line and meter vault along Custer Road just outside the limits of the proposed TxDOT Right-of-
Way (ROW).
Contract Amendment No. 1, in the amount of $68,900, was awarded to FNI on July 28, 2020, for
additional design services associated with the relocation of the meter vault from the original
proposed site along the existing access road to the southern edge of the site. Additional survey
information was required for the new pipeline alignment as well as new structural and geotechnical
analysis performed based on the final approved location. The design included the extension of the
retaining wall, grading and paving plans for the new access road to the existing pump station.
Additional coordination with TxDOT was required to substantiate the requested reimbursement
amount for the required improvements.
Contract Amendment No. 2, in the amount of $47,450, is for additional construction related
services provided by FNI beyond the original timeline of construction of the project. During the
construction of the project, several items delayed the completion of the project, including
coordination with TxDOT’s contractor on completing the driveway connections to Custer Road,
NTMWD’s delays in connecting to their water system (TxDOT also had NTMWD relocate their
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 171
Item 16.
Page 2 of 2
water line), and several delays caused by supply chain disruptions. The original substantial
completion date of February 5, 2021, was extended to September 22, 2021, and the final
completion date of September 7, 2022, was nearly a year later due to the significant delay with
the construction coordination of the access driveway connection to Custer Road with TxDOT’s
Custer Road widening project.
Budget Impact:
The cost for the additional construction related services is $47,450, will be funded through projects
savings in other projects and is 100% reimbursable from TxDOT through the Standard Utility
Agreement (SUA) approved at the July 28, 2020, Town Council meeting. The funding source is
Account No. 760-6610-10-00-1902-WA.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Contract Amendment
as to form and legality.
Attached Documents:
1. Contract Amendment No. 2
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Interim Town Manager to execute
Contract Amendment No. 2 to the Professional Services Agreement, between Freese and Nichols,
Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pipeline and Meter
Vault Relocation project.
Proposed Motion:
I move to authorize the Interim Town Manager to execute Contract Amendment No. 2 to the
Professional Services Agreement, between Freese and Nichols, Inc., and the Town of Prosper,
Texas, related to the design of the Custer Road Pipeline and Meter Vault Relocation project.
Page 172
Item 16.
CONTRACT AMENDMENT #2 PAGE 1 OF 6
CONTRACT AMENDMENT #2
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.
FOR THE CUSTER ROAD PIPELINE AND METER VAULT RELOCATIONS PROJECT
This Contract Amendment for Professional Engineering Services, hereinafter called
“Amendment,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized
to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a
Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to
Consultant providing professional engineering services to Town. Town and Consultant when mentioned
collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Town previously engaged the services of the Consultant to provide engineering
services in connection with the Custer Road Pipeline and Meter Vault Relocations, hereinafter called
“Project”; and
WHEREAS, the Parties previously entered into an professional services agreement regarding the
Project on or about November 13, 2018, in the amount of Two Hundred Ninety Thousand Three Hundred
Twenty-Five Dollars ($290,325), hereinafter called the “Original Agreement”; and
WHEREAS, the Parties now desire to amend the Original Agreement to increase the scope of
services and compensation provided to include easement acquisition services.
For the mutual promises and benefits herein described, Town and Consultant agree to amend the
Original Agreement as follows:
1. Additional Services to be Performed by Consultant. The Parties agree that Consultant
shall perform such additional services as are set forth and described in Exhibit A2 – Scope of Services
and incorporated herein as if written word for word. All references in the Original Agreement to “Exhibit
A” are hereby amended to state “Exhibits A, A1 and A2.”
2. Additional Compensation of Consultant. Town agrees to pay to Consultant for the
satisfactory completion of all services included in this Amendment a total additional fee of Forty-Seven
Thousand Four Hundred Fifty Dollars ($47,450) for the additional services as set forth and described in
Exhibit B2 – Compensation Schedule and incorporated herein as if written word for word. All
references in the Original Agreement to “Exhibit B” are hereby amended to state “Exhibits B, B1 and
B2.”
3. Revised Compensation for Consultant's Services. Paragraph 4 of the Original
Agreement is hereby amended to increase Consultant's total compensation by deleting “Two Hundred
Ninety Thousand Three Hundred Twenty-Five Dollars ($290,325)” and replacing it with “Four hundred
Six Thousand Six Hundred Seventy-Five Dollars ($406,675).”
4. Original Agreement. All other provisions and terms of the Original Agreement shall
remain in full force and effect and this Amendment to the Original Agreement shall in no way release,
affect, or impair any other provision or responsibility contained in the Original Agreement.
Page 173
Item 16.
CONTRACT AMENDMENT #2 PAGE 2 OF 6
IN WITNESS WHEREOF, the Parties, having read and understood this Amendment, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on the
_______ day of _______________________, 2023.
Freese and Nichols, Inc.
By:
Signature
Clayton Barnard
Printed Name
Principal/ Vice President
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Bob Scott
Printed Name
Interim Town Manager
Title
Date
February 3, 2023
Page 174
Item 16.
CONTRACT AMENDMENT #2 PAGE 3 OF 6
EXHIBIT A2
SCOPE OF SERVICES
CONTRACT AMENDMENT #2
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.,
FOR THE CUSTER ROAD PIPELINE AND METER VAULT RELOCATIONS PROJECT
I. PROJECT DESCRIPTION
Provide additional construction representative as described in the Construction Phase services within the
Agreement for an additional 9 months due to construction schedule exceeding the contractual duration.
II. TASK SUMMARY
BASIC SERVICES
Task 1 – Additional Construction Phase Representation
1. Maintain project documentation system consistent with the requirements of the construction
contract documents. Monitor the processing of contractor’s submittals and provide for filing and
retrieval of project documentation. Review contractor's submittals including requests for
information, modification requests, shop drawings, schedules, and other submittals in accordance
with the requirements of the construction contract documents for the projects.
2. Based on Consultant's observations as an experienced and qualified design professional and review
of the Payment Requests and supporting documentation submitted by Contractor, determine the
amount that Consultant recommends Contractor be paid on monthly and final estimates, pursuant
to the General Conditions of the Construction Contract.
3. Make one visit per month for the additional 9-month construction duration to the project site to
observe the progress and the quality of work and to attempt to determine in general if the work is
proceeding in accordance with the Construction Contract Documents. In this effort Consultant will
endeavor to protect the Town against defects and deficiencies in the work of Contractors and will
report any observed deficiencies to the Town.
4. Notify the contractor of non-conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipment installation reports or other
documentation required by the Construction contract documents.
5. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the Town to
determine the cost and time impacts of these changes. Prepare change order documentation for
approved changes for execution by the Town. Documentation of field orders, where cost to
Town is not impacted, will also be prepared. Investigations, analyses, studies or design for
substitutions of equipment or materials, corrections of defective or deficient work of the
contractor or other deviations from the construction contract documents requested by the
contractor and approved by the Town are an additional service.
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Item 16.
CONTRACT AMENDMENT #2 PAGE 4 OF 6
6. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the Town on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the Town if appropriate. Providing these
services to review or evaluate construction contractor(s) claim(s), supported by causes not within
the control of Consultant are an Additional Service.
III. DELIVERABLES
Task 1 – Additional Construction Phase
Representation
Continue to provide general construction representative
services throughout the construction of the project.
Page 176
Item 16.
CONTRACT AMENDMENT #2 PAGE 5 OF 6
EXHIBIT B2
COMPENSATION SCHEDULE
CONTRACT AMENDMENT #2
BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC.,
FOR THE CUSTER ROAD PIPELINE AND METER VAULT RELOCATIONS PROJECT
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed February 2021
Task 1 – Additional Construction Phase
Representation
October 2021 $19,500
Total Compensation $19,500
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Additional Construction Phase
Representation $19,500
Total Basic Services: $19,500
Special Services (Hourly Not-to-Exceed) Amount
None $0,000
Total Special Services: $0,000
Direct Expenses Amount
None $0,000
Total Direct Expenses: $0,000
Basic Services
Compensation Schedule
Original
Contract
Amendment
No. 1
Amendment
No. 2
Total
Contract
Task 1 – General & Preliminary Design $29,525 - - $29,525
Task 2 – Final Design $153,250 $68,900 - $222,150
Task 3 – Bid Phase $14,600 - - $14,600
Task 4 – Construction Phase $51,950 - $47,450 $99,400
Total Basic Services $249,325 - - $365,675
Page 177
Item 16.
CONTRACT AMENDMENT #2 PAGE 6 OF 6
Special Services Compensation Schedule Original
Contract
Amendment
No. 1
Amendment
No. 2
Total
Contract
Task 5 – Topographical Survey $8,650 - - $8,650
Task 6 – Easement Documents $5,300 - - $5,300
Task 7 – Subsurface Utility Engineering $5,050 - - $5,050
Task 8 – Environmental Services $9,350 - - $9,350
Task 9 – Geotechnical Engineering $12,650 - - $12,650
Total Special Services $41,000 - - $41,000
Page 178
Item 16.
LOCATION MAP
Custer Road Pipeline and Meter Vault Relocation Project
Custer Road Pump Station
Page 179
Item 16.
Page 1 of 1
To: Mayor and Town Council
From: Bob Scott, Interim Town Manager
Re: Revised Atmos Franchise Ordinance
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon an ordinance granting a non-exclusive gas franchise to Atmos Energy
Corporation and repealing Ordinance No. 2023-02.
Description of Agenda Item:
At the January 24, 2023, Town Council meeting, the Atmos gas franchise was approved. Since
that time, Atmos has contacted the Town with two minor suggested revisions. One of the
suggested revisions is that in the event a request is made by the Town to Atmos to remove or
relocate Atmos infrastructure solely for the benefit of private development, Atmos will not be
responsible for such removal or relocation costs. The second revision is that in the event that the
Town receives funds under federal, state, county or local programs for the removal or relocation
of Atmos infrastructure, and the Town has been fully reimbursed for any costs it incurs, then
Atmos shall be reimbursed any costs it may have incurred for such removal or relocation. There
are no other revisions to the ordinance originally adopted on January 24.
Budget Impact:
The Town has budgeted $255,000 for the current fiscal year for gas franchise fees.
Legal Obligations and Review:
The Town Attorney has prepared the revised gas franchise ordinance.
Attached Documents:
1. Ordinance.
Town Staff Recommendation:
Town staff recommends the Town Council approve the attached ordinance repealing Ordinance
No. 2023-02 and granting a non-exclusive gas franchise to Atmos Energy Corporation.
Proposed Motion:
I move to approve an ordinance granting a non-exclusive gas franchise to Atmos Energy
Corporation and repealing Ordinance No. 2023-02.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 180
Item 17.
Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND
VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND
EQUIPMENT IN THE TOWN OF PROSPER, TEXAS, FOR THE
TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN,
OUT OF, AND THROUGH SAID TOWN FOR ALL PURPOSES; PROVIDING
FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC
RIGHTS-OF-WAYS; PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF
OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND
REPEALING ORDINANCE NO. 2023-02 IN ITS ENTIRETY AND ALL
PREVIOUS GAS FRANCHISE ORDINANCES.
WHEREAS, the Town of Prosper and Atmos Energy Corporation have agreed to the
terms of this Franchise Agreement; and
WHEREAS, this Franchise Agreement is consistent with other such Franchise
Agreements between Texas municipalities and Atmos Energy Corporation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1. GRANT OF AUTHORITY
The Town of Prosper, Texas, hereinafter called “Town,” hereby grants to Atmos Energy
Corporation, Mid-Tex Division, hereinafter called "Atmos Energy," its successors and assigns,
consent to use and occupy the present and future streets, alleys, highways, public utility
easements, public ways and other public places (“Public Rights-of-W ay”), for the purpose of
laying, maintaining, constructing, protecting, operating, and replacing therein and thereon
pipelines and all other appurtenant equipment (the “System”) to deliver, transport, and distribute
gas in, out of, and through Town for persons, firms, and corporations, including all the general
public, and to sell gas to persons, firms, and corporations, including all the general public, within
the Town corporate limits, as such limits may be amended from time to time during the term of
this franchise, said consent being granted for a term ending December 31, 2043.
SECTION 2. CONSTRUCTION, MAINTENANCE, OPERATION & RELOCATION
OF ATMOS ENERGY FACILITIES
A. Atmos Energy shall lay, maintain, construct, operate, and replace its pipes, mains,
laterals, and other equipment to minimize interference with traffic, place or cause to be
placed appropriate barriers to mark excavations or obstructions, and restore to
approximate original condition all Public Rights-of-Way that it may disturb. In
determining the location of the facilities of the Town and other users of Public Right-of-
Way within Town, Town shall endeavor to minimize interference with then existing
facilities of Atmos Energy and shall endeavor to require other users of Public Rights-of-
Way to minimize interference with existing facilities of Atmos Energy. In the event of a
conflict between the location of the proposed facilities of Atmos Energy and the location
of the existing facilities of Town or other users of Public Rights-of-Way within Public
Rights-of-Way that cannot otherwise be resolved, Town or an authorized agent of Town
Page 181
Item 17.
Page 2
shall resolve the conflict and determine the location of the respective facilities within the
Public Rights-of-Way.
Atmos Energy or contractors working on behalf of Atmos Energy shall not be required to
pay for street cutting, street excavation or other special permits related to excavations in
Public Rights-of-Way in connection with Atmos Energy’s operations in Public Rights-of-
Way. Town shall provide Atmos Energy with its annual capital improvements plan as
well as any updates or changes as soon as the plan, update, or change becomes
available. Town shall notify Atmos Energy as soon as reasonably possible of any
projects that will affect Atmos Energy’s facilities located in the Public Rights-of-Way.
When required by Town to remove or relocate its mains, laterals, and/or other facilities
lying within Public Rights-of-Way, Atmos Energy shall do so as soon as practically
possible with respect to the scope of the project. In no event shall Atmos Energy be
required to remove or relocate its facilities in less than thirty (30) days from the time
notice is given to Atmos Energy by Town; however, Atmos Energy shall promptly
endeavor to remove or relocate such facilities.
B. If Town, in constructing its sewers, drainage, water lines, streets, or utilities, should
request that Atmos Energy remove or relocate its mains, laterals, and other facilities
lying within Public Rights-of-Way, Atmos Energy shall do so at its own expense for
facilities that are in conflict, unless such work is for the primary purpose of beautification ,
performed solely at the request of a private developer. Facilities are deemed to be in
conflict to the extent that the proposed Town facilities are determined by Atmos Energy
to be inconsistent with gas distribution industry safe operating practices for existing
facilities. Atmos Energy shall not be required to relocate facilities to a depth of greater
than four (4) feet unless prior agreement is obtained from Atmos Energy.
When Atmos Energy is required by Town to remove or relocate its mains, laterals, and
other facilities lying within Public Rights-of-Way to accommodate a request by Town,
and costs of utility removals or relocations are eligible under federal, state, county, local
or other programs for reimbursement of costs and expenses incurred by Atmos Energy
as a result of such removal or relocation, and such reimbursement is required to be
handled through Town, Atmos Energy costs and expenses shall be included in any
application by Town for reimbursement if Atmos Energy submits its cost and expense
documentation to Town prior to the filing of the application. Town shall provide
reasonable written notice to Atmos Energy of the deadline for Atmos Energy to submit
documentation of the costs and expenses of such relocation to Town. Upon receipt of
an amount of reimbursement intended for utility relocations including gas utilities, Town
shall remit to Atmos Energy, within thirty (30) days or receipt, any portion of such
reimbursement specifically designated as a reimbursement of Atmos Energy’s costs
incurred in the relocation or removal of Atmos Energy’s facilities but only after Town has
been fully reimbursed for its own costs of relocation or removal of utilities and related
facilities.
If Atmos Energy is required by Town to remove or relocate its mains, laterals, or other
facilities lying within Public Rights-of-Way for any reason other than the construction or
reconstruction of sewers, drainage, water lines, streets or utilities by Town, Atmos
Energy shall be entitled to reimbursement from Town or others of the cost and expense
of such removal or relocation.
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Item 17.
Page 3
C. When Atmos Energy is required to remove or relocate its mains, laterals or other
facilities to accommodate construction by Town without reimbursement from Town,
Atmos Energy shall have the right to seek recovery of relocation costs as provided for in
applicable state and/or federal law. Nothing herein shall be construed to prohibit, alter,
or modify in any way the right of Atmos Energy to seek or recover a surcharge from
customers for the cost of relocation pursuant to applicable state and/or federal law.
Town shall not oppose recovery of relocation costs when Atmos Energy is required by
Town to perform relocation. Town shall not require that Atmos Energy document
request for reimbursement as a pre-condition to recovery of such relocation costs.
D. If Town abandons any Public Rights-of-Way in which Atmos Energy has facilities, such
abandonment shall be conditioned on Atmos Energy’s right to maintain its use of the
former Public Right-of-Way and on the obligation of the party to whom the Public Right-
of-Way is abandoned to reimburse Atmos Energy for all removal or relocation expenses
if Atmos Energy agrees to the removal or relocation of its facilities following
abandonment of the Public Right-of-Way. If the party to whom the Public Right-of-Way
is abandoned requests Atmos Energy to remove or relocate its facilities and Atmos
Energy agrees to such removal or relocation, such removal or relocation shall be done
within a reasonable time at the expense of the party requesting the removal or
relocation. If relocation cannot practically be made to another Public Right-of-Way, the
expense of any Right-of-Way acquisition shall be considered a relocation expense to be
reimbursed by the party requesting the relocation.
SECTION 3. INDEMNITY & INSURANCE
In the event of injury to any person or damage to any property by reason of Atmos
Energy’s construction, operation, maintenance, or replacement of Atmos Energy’s pipeline
system within Public Rights-of-Way, Atmos Energy shall indemnify and keep harmless Town
from any and all liability in connection therewith, except to the extent such injury or damage is
attributable to the fault of the Town, including, without limitation, the Town’s negligent or
intentional acts or omissions. Atmos Energy’s insurance of its obligations and risks undertaken
pursuant to this franchise may be in the form of self-insurance to the extent permitted by
applicable law, under an Atmos Energy plan of self-insurance maintained in accordance with
sound accounting and risk-management practices.
SECTION 4. NON-EXCLUSIVE FRANCHISE
The rights, privileges, and franchises granted by this ordinance are not to be considered
exclusive, and Town hereby expressly reserves the right to grant, at any time, like privileges,
rights, and franchises as it may see fit to any other person or corporation for the purpose of
transporting, delivering, distributing, or selling gas to and for Town and the inhabitants thereof.
SECTION 5. PAYMENTS TO TOWN
A. Atmos Energy, its successors and assigns, agrees to pay and Town agrees to accept,
on or before the 1st day of March, 2023, and on or before the same day of each
succeeding year during the term of this franchise the last payment being made on the 1st
day of March, 2043, a sum of money which shall be equivalent to five percent (5%) of
the Gross Revenues, as defined in 5.B. below, received by Atmos Energy during the
preceding calendar year.
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Item 17.
Page 4
B. "Gross Revenues" shall mean:
(1) all revenues received by Atmos Energy from the sale of gas to all classes of
customers (excluding gas sold to another gas utility in the Town for resale to its
customers within Town) within the Town;
(2) all revenues received by Atmos Energy from the transportation of gas through
the System
of Atmos Energy within the Town to customers located within the Town
(excluding any gas transported to another gas utility in Town for resale to its
customers within Town);
(3) the value of gas transported by Atmos Energy for Transport Customers through
the System of Atmos Energy within the Town ("Third Party Sales")(excluding the
value of any gas transported to another gas utility in Town for resale to its
customers within Town), with the value of such gas to be established by utilizing
Atmos Energy’s monthly Weighted Average Cost of Gas charged to industrial
customers in the Mid-Tex division, as reasonably near the time as the
transportation service is performed; and
(4) “Gross Revenues” shall also include the following “miscellaneous
charges”: charges to connect, disconnect, or reconnect gas and charges to
handle returned checks from consumers within the Town.
(5) “Gross Revenues” shall not include:
(a) revenues billed but not ultimately collected or received by Atmos
Energy;
(b) contributions in aid of construction;
(c) the revenue of any affiliate or subsidiary of Atmos Energy;
(d) sales tax and franchise fees paid to the Town;
(e) interest or investment income earned by Atmos Energy; and
(f) monies received from the lease or sale of real or personal
property, provided, however, this exclusion does not apply to the
lease of facilities within the Town's Right-of-Way.
C. The initial payment for the rights and privileges herein provided shall be for the privilege
period January 1 through December 31, 2023, and each succeeding payment shall be
for the privilege period of the calendar year in which the payment is made.
It is also expressly agreed that the aforesaid payments shall be in lieu of any and all
other and additional occupation taxes, easement, franchise taxes or charges (whether
levied as an ad valorem, special, or other character of tax or charge), municipal license,
permit, and inspection fees, bonds, street taxes, and street or alley rentals or charges,
and all other and additional municipal taxes, charges, levies, fees, and rentals of
whatsoever kind and character that Town may now impose or hereafter levy and collect
from Atmos Energy or Atmos Energy’s agents, excepting only the usual general or
special ad valorem taxes that Town is authorized to levy and impose upon real and
personal property. If the Town does not have the legal power to agree that the payment
of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley
rentals or charges, easement or franchise taxes or charges aforesaid, then Town agrees
Page 184
Item 17.
Page 5
that it will apply so much of said sums of money paid as may be necessary to satisfy
Atmos Energy’s obligations, if any, to pay any such taxes, licenses, charges, fees,
rentals, easement or franchise taxes or charges aforesaid.
D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by Atmos
Energy
If Atmos Energy should at any time after the effective date of this Ordinance agree to a
new municipal franchise ordinance, or renew an existing municipal franchise ordinance,
with another municipality in Atmos Energy’s Mid-Tex Division, which municipal franchise
ordinance determines the franchise fee owed to that municipality for the use of its public
Rights-of-W ay in a manner that, if applied to Town, would result in a franchise fee
greater than the amount otherwise due Town under this Ordinance, then the franchise
fee to be paid by Atmos Energy to Town pursuant to this Ordinance may, at the election
of Town, be increased so that the amount due and to be paid is equal to the amount that
would be due and payable to Town were the franchise fee provisions of that other
franchise ordinance applied to Town. Town acknowledges that the exercise of this right
is conditioned upon Town’s acceptance of all terms and conditions of the other municipal
franchise in toto. Town may request waiver of certain terms and Atmos Energy may
grant, in its sole reasonable discretion, such waiver.
E. Atmos Energy Franchise Fee Recovery Tariff
(1) Atmos Energy may file with Town a tariff or tariff amendment(s) to provide for the
recovery of the franchise fees under this agreement.
(2) Town agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates or tariff which provide for 100% recovery of such franchise fees
as part of Atmos Energy’s rates; (ii) if Town intervenes in any regulatory
proceeding before a federal or state agency in which the recovery of Atmos
Energy’s franchise fees is an issue, Town will take an affirmative position
supporting 100% recovery of such franchise fees by Atmos Energy and; (iii) in
the event of an appeal of any such regulatory proceeding in which Town has
intervened, Town will take an affirmative position in any such appeals in support
of the 100% recovery of such franchise fees by Atmos Energy.
(3) Town agrees that it will take no action, nor cause any other person or entity to
take any action, to prohibit the recovery of such franchise fees by Atmos Energy.
F. Lease of Facilities Within Town’s Rights-of-Way. Atmos Energy shall have the right to
lease, license or otherwise grant to a party other than Atmos Energy the use of its
facilities within Town’s public rights-of-way provided: (i) Atmos Energy first notifies Town
of the name of the lessee, licensee or user; the type of service(s) intended to be
provided through the facilities; and the name and telephone number of a contact person
associated with such lessee, licensee or user and (ii) Atmos Energy makes the franchise
fee payment due on the revenues from such lease pursuant to Section 5 of this
Ordinance. This authority to Lease Facilities within Town’s Rights-of-Way shall not
affect any such lessee, licensee or user’s obligation, if any, to pay franchise fees.
G. Town shall within thirty (30) days of final approval, give Atmos Energy notice of
annexations and disannexations of territory by Town, which notice shall include a map
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Item 17.
Page 6
and addresses, if known. Upon receipt of said notice, Atmos Energy shall promptly
initiate a process to reclassify affected customers into Town limits no later than sixty
(60) days after receipt of notice from Town. The annexed areas added to Town limits
will be included in future franchise fee payments in accordance with the sales tax
effective date of the annexation if notice was timely received from Town. Upon request
from Town, Atmos Energy will provide documentation to verify that affected customers
were appropriately reclassified and included for purposes of calculating franchise fee
payments. In no event shall the Atmos Energy be required to add premises for the
purposes of calculating franchise payment prior to the earliest date that the same
premises are added for purposes of collecting sales tax.
SECTION 6. ACCEPTANCE OF FRANCHISE
In order to accept this franchise, Atmos Energy must file with the Town Secretary its
written acceptance of this franchise ordinance within sixty (60) days after its final passage and
approval by Town. If such written acceptance of this franchise ordinance is not filed by Atmos
Energy, the franchise ordinance shall be rendered null and void.
When this franchise ordinance becomes effective, all previous ordinances of Town
granting franchises for gas delivery purposes that were held by Atmos Energy, and specifically
including Ordinance No. 2023-02, shall be automatically repealed, canceled and annulled, and
shall be of no further force and effect.
SECTION 7. PARAGRAPH HEADINGS. CONSTRUCTION
The paragraph headings contained in this ordinance are for convenience only and shall
in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof.
Both parties have participated in the preparation of this ordinance and this ordinance shall not
be construed either more or less strongly against or for either party.
SECTION 8. EFFECTIVE DATE
If Atmos Energy accepts this ordinance, it becomes effective as of February 14, 2023.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 14TH DAY OF FEBRUARY, 2023.
APPROVED:
________________________________
David F. Bristol, Mayor
ATTEST:
___________________________________
Michelle Lewis Sirianni, Town Secretary
Page 186
Item 17.
Page 7
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Page 187
Item 17.
Page 8
STATE OF TEXAS §
§
TOWN OF PROSPER §
I, David F. Bristol, Mayor of the Town of Prosper, Texas, do hereby certify that the above
and foregoing is a true and correct copy of an ordinance passed by the Town Council of the
Town of Prosper, Texas, at a regular session, held on the 14th day of February, 2023, as it
appears of record in the official Minutes of the Town of Prosper, Texas.
WITNESS MY HAND AND SEAL OF SAID TOWN, this the ___ day of
_________________, 2023.
________________________________________
Michelle Lewis Sirianni, Town Secretary
Town of Prosper, Texas
Page 188
Item 17.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Bob Scott, Interim Town Manager
Re: Opioid Settlements
Town Council Meeting – February 14, 2023
Agenda Item:
Consider authorizing the Interim Town Manager to execute on behalf of the Town settlement
documentation relative to the State of Texas’ and other governmental entities’ litigation against
Allergan, CVS, Walmart and Walgreens for the marketing, sale and dispensing of opioids, and to
take all actions incident and related thereto.
Description of Agenda Item:
Several years ago, the State of Texas, along with a broad coalition of states and political
subdivisions from across the country, sued three (3) major opioid distributors —McKesson,
Cardinal Health and Amerisource Bergen—along with an opioid manufacturer, Johnson &
Johnson—for their role in the national opioid crisis. Those manufacturers entered into a
settlement agreement with the coalition of states and over governmental entities and upon the
request and urging of the Office of the Texas Attorney General, most Texas local governments
participated in the settlement. The Town opted to participate in August 2021, with the funds
required to be utilized for opioid remediation purposes.
Similarly, the State of Texas and other coalition members have settled their cases against
Allergan, CVS, Walmart and Walgreens relative to the marketing, sale and dispensing of opioids,
in the following amounts: Allergan—$135 million; CVS—$304 million; Walmart—$170 million; and
Walgreens—$340 million. Again, the Office of the Attorney General has strongly encouraged
Texas political subdivisions to participate in the settlement, with settlement amounts for each
political subdivision yet undetermined. Settlement amounts will be based upon the number of
participating governmental entities, and proceeds will be spent on additional opioid remediation.
The Attorney General’s Office has indicated that settlement discussions are proceeding against
numerous other defendants in the opioid industry. Detailed information about the State of Texas’
opioid litigation efforts may be found on the Texas Attorney General’s website.
Budget Impact:
At the present time, the amount of funds to be received by the Town is unknown.
Legal Obligations and Review:
The settlement documentation to be provided to the Office of the Attorney General has been
approved by the Town Attorney.
Prosper is a place where everyone matters.
TOWN COUNCIL
Page 189
Item 18.
Page 2 of 2
Attached Documents:
1. Settlement Form. (The Settlement Forms for each of the four defendants are identical.)
Town Staff Recommendation:
Town staff recommends the Town Council authorize the Interim Town Manager to execute on
behalf of the Town settlement documentation relative to the State of Texas’ and other
governmental entities’ litigation against Allergan, CVS, Walmart and Walgreens for the marketing,
sale and dispensing of opioids.
Proposed Motion:
I move to authorize the Interim Town Manager to execute on behalf of the Town settlement
documentation relative to the State of Texas’ and other governmental entities’ litigation against
Allergan, CVS, Walmart and Walgreens for the marketing, sale and dispensing of opioids, and to
take all actions incident and related thereto.
Page 190
Item 18.
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Governmental Entity:State:
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
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Item 18.
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
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Item 18.
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
Page 193
Item 18.
Page 1 of 1
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Bob Scott, Interim Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure
Services
Re: Rezoning of 207 E. Broadway
Town Council Meeting – February 14, 2023
Agenda Item:
Consider and act upon an ordinance to rezone 0.177± acres from Single Family-15 (SF-15) to
Downtown Office (DTO), on Lots 10A & 11B, located on the north side of Broadway Street, east
of Coleman Street. (Z22-0017).
Description of Agenda Item:
On January 24, 2023, the Town Council approved the proposed request, by a vote of 7-0.
A zoning ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attachments:
1. Ordinance
2. Ordinance Exhibit A
Town Staff Recommendation:
Town Staff recommends approval of an ordinance to rezone 0.177± acres from Single Family-15
(SF-15) to Downtown Office (DTO), on Lots 10A & 11B, located on the north side of Broadway
Street, east of Coleman Street. (Z22-0017).
Proposed Motion:
I move to approve an ordinance to rezone 0.177± acres from Single Family-15 (SF-15) to
Downtown Office (DTO), on Lots 10A & 11B, located on the north side of Broadway Street, east
of Coleman Street. (Z22-0017).
Prosper is a place where everyone matters.
PLANNING
Page 194
Item 19.
Ordinance No. 2023-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.177 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN OFFICE
(DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Sara
Sangani (“Applicant”), to rezone 0.177 acre of land, more or less, in the Collin County School
Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, from Single Family-
15 (SF-15) to Downtown Office (DTO) and being more particularly described in Exhibit “A,”
attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 0.177 acres of
land, more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of
Prosper, Collin County, Texas, (the “Property”) and all streets, roads, and alleyways contiguous
and/or adjacent thereto is hereby zoned as Downtown Office (DTO) and being more particularly
described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth
verbatim.
Page 195
Item 19.
Ordinance No. 2023-__, Page 2
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each
continuing day’s violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the
violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Page 196
Item 19.
Ordinance No. 2023-__, Page 3
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor
shall the appeal prevent a prosecution from being commenced for any violation if occurring prior
to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF FEBRUARY, 2023.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 197
Item 19.
Page 198Item 19.